Rule 154.Right to Remain Silent.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 154
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 right reaches three situations. A child who is the subject of a proceeding because of an alleged violation of law, a child who is the subject of a proceeding because of an alleged violation of a required standard of behaviour, and a child who is to be interrogated for the purpose of deciding whether to commence a proceeding at all.
That third category is the one worth noticing. The right attaches before there is a case, at the stage Rules 122 to 124 describe, where a complaint is being assessed and an intake interview may be requested.
The child may remain silent as of right through any or all questioning. Rule 140 requires the court to explain that right before taking testimony, Rule 131 requires a detention facility to inform the child of it on admission, and Rule 142 keeps out a custodial statement unless the warnings were given meaningfully and the child was told they could have a parent present.
Frequently Asked Questions
Does a child have the right to remain silent in Hawaii family court?
Yes, as of right, through any or all questioning.
Does the right apply before charges?
Yes. It reaches a child who is to be interrogated for the purpose of deciding whether to commence a court proceeding.
Who has to tell the child about it?
What happens to a statement taken without warnings?
Rule 142 bars an extra-judicial statement from a custodial police interrogation absent a showing that the warnings were given meaningfully and the child was told of the right to have a parent or other adult present.
Does the child also have a right to a lawyer?
Yes. Rule 155 allows retained counsel in all proceedings and lets the court appoint counsel for the child where advisable.