Rule 152.Presence and Exclusion of Parties.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 152
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
The default is presence. Except in hearings where the child behaviour is not at issue, the child and a parent should be present when the hearing begins.
Where the child behaviour is not at issue, the court may in its discretion begin without the child present. The exception is defined by subject matter rather than by convenience.
The rule then addresses continuances: where one is advisable to secure the attendance of a party, or for any other reason, to ensure the fairness of the proceeding, the rule provides for it. Rule 135 makes the contrasting provision for a detention hearing, which may go ahead without parents who cannot be located or refuse to attend.
Frequently Asked Questions
Does a child have to attend a Hawaii juvenile hearing?
The child and a parent should be present at the commencement of hearings, except in hearings where the child behaviour is not at issue.
When can a hearing start without the child?
Where the child behaviour is not at issue, the hearing may in the court discretion begin without the child present.
Can a hearing be continued to get someone there?
Yes. The rule provides for a continuance where one is advisable to secure the attendance of a party or for another reason.
What about detention hearings?
Rule 135 allows a detention hearing without the parents, guardian or custodian if they cannot be located or refuse or neglect to attend.
Who gets notice of a hearing?
Rule 153 directs notices authorized for a child to the child where they are 12 or over, and otherwise to the parent, custodian or guardian.