Rule 149.Social Study.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 149
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
A social study, consisting of an investigation and evaluation of the child, is prepared or procured by the probation department in all proceedings under the two juvenile paragraphs, unless the court waives the requirement.
The timing restriction is the protection. A social study shall not be commenced before the adjudication hearing in denial cases without the consent of the parties. A child contesting the allegations is not investigated for sentencing purposes before anything has been proved.
Where the adjudicating officer wants information the study does not contain, the hearing may be postponed or continued for a reasonable time. The remedy for an incomplete study is delay, not a decision on what is missing.
Frequently Asked Questions
What is a social study in a Hawaii juvenile case?
An investigation and evaluation of the child, prepared or procured by the probation department in all proceedings under the two juvenile paragraphs unless the court waives it.
When can the social study begin?
Not before the adjudication hearing in denial cases, without the consent of the parties.
Can the requirement be waived?
Yes, by the court.
What if the study is incomplete?
Where the adjudicating officer wants additional information not reflected in it, the hearing may be postponed or continued for a reasonable time.
Is the study shared with the parties?
Rule 135 requires written reports and social records made available to the court at a detention hearing to be made available to the parties at or before it, subject to the judge power to withhold material.