Police stops and family court for minors in Hawaii

Hawaii does not have a court called 'juvenile court.' Since 1965 the Family Court, a division of the state circuit courts, has handled delinquency cases (a minor accused of breaking a law), status offenses (things that are only offenses because of age, like truancy or running away), and juvenile detention. The Honolulu Police Department's own policy defines a juvenile as a youth under 18, so a 17-year-old arrested in Kaneohe is on the Family Court track.

A case can still be moved. Hawaii's waiver statute, HRS section 571-22, lets the Family Court transfer certain cases to adult criminal court after a hearing; 'waiver' means the Family Court gives up the case. We could not confirm the ages and offense list from an official page; check that section or ask a defense lawyer. The Family Court process rests on In re Gault (1967), where the U.S. Supreme Court held that a young person facing possible confinement has the right to notice of the charges, to a lawyer, to question witnesses, and to stay silent.

Honolulu's police policy on handling juveniles says the arresting officer shall notify a parent or guardian of any arrest, including a field arrest. Officers may take a youth to a station for questioning when they have reasonable grounds. The policy does not promise that a parent will be in the room, and we found no Hawaii rule requiring a lawyer or parent before a minor waives the right to stay silent. The calm answer: say you want a parent and a lawyer, then stop talking.

On Oahu, a youth who qualifies for secure detention goes to the Kapolei Juvenile Detention Facility. A status offender, which includes a curfew violation, shall not be held in secure detention, and children under 12 are not held there either.

There is no statewide youth curfew in Hawaii. Curfew is a county matter, and the state has four counties: Honolulu, Maui, Hawaii, and Kauai. The Honolulu policy states that curfew applies to a youth under 16; on Maui or in Hilo, check your own county's ordinance.

Juvenile records in Hawaii are confidential by statute, but confidential is not the same as gone. Under HRS section 571-88, a person, or a parent for a minor, can apply in writing to the Family Court to expunge a juvenile arrest record, and 'expunge' means the record is set aside and kept secret or destroyed. That relief is available only when the case was never referred for prosecution or the court found the young person not responsible. When it is granted, the court issues a certificate, and you may legally say you have no record of that arrest.