HRS § 571-45 - Assessment and investigation prior to disposition; suspension of delinquency proceedings; denial of services reporting

(a) Prior to disposition, the court shall conduct a risk and needs assessment, using the tool procured and validated pursuant to section 571-5, for each child concerning whom a petition has been filed pursuant to section 571-11(1) and (2). (b) In addition to the risk and needs assessment, a social study and a report in writing shall be made in the case of a child concerning whom a petition has been filed under section 571‑11(1) and (2), except where the judge waives the requirement to make a social study and a report in writing. The study shall be initiated upon the filing of a petition except in petitions filed under section 571-11(1) when it is ascertained that the child denies the allegations set forth in the petition. In such case the study shall proceed only after the court after hearing has made a finding as to the allegations of the petition. Except where the requirement is waived by the judge, social studies shall also be made in proceedings to decide disputed or undetermined legal custody and in custody disputes arising out of a divorce action. In all other awards of custody arising out of a divorce action, including those where an agreement with respect to custody has been made by the parties, and in any other case or class of cases, the judge may order a social study when the judge has reason to believe such action is necessary to assure adequate protection of the child or of any other person involved in the case. By special order of the judge or by rule of court a social study may be required in support cases covering financial ability and other matters pertinent to making an order of support. The use of such studies in custody and support hearings shall be subject to the applicable provisions of section 571-41. (c) The results of the risk and needs assessment and any social studies required by this section shall be presented to and considered by the judge prior to making disposition pursuant to section 571-41(d). The judge may order and use a presentence investigation with respect to any criminal action under the jurisdiction of the court in accordance with the existing provisions of the law with respect to the making and use of such studies. (d) If the results of the risk and needs assessment indicate a substance abuse or mental health need, the probation officer shall immediately refer the child to the department of health for an eligibility determination. (e) The court, upon the motion of the child or on its own motion, may order the suspension of the delinquency proceedings, prior to adjudication, for a period of up to one year to obtain substance abuse or mental health treatment if the court finds: (1) The child presently needs and is likely to benefit from treatment; and (2) The suspension of the delinquency proceedings will advance the interests of justice. No later than one month before the end of the period of suspension of the delinquency proceedings, the treatment provider shall submit a report on whether the child has completed the treatment program. If the court, on the motion of the child or on its own motion, finds that the child has successfully completed the treatment program, the court may dismiss the suspended delinquency proceedings. If the court does not find that the child has satisfactorily completed treatment, the court may terminate the suspension and proceed with the case. (f) A probation officer referring a child to the department of health under this section shall report any subsequent denial of services to the administrator of the juvenile client services branch in each judicial circuit. The administrators of the juvenile client services branch shall submit an annual report compiling all such denials to the board of family court judges and the Hawaii juvenile justice state advisory council. [L 1965, c 232, pt of §1; Supp, §333-23; HRS ; am L 1971, c 72, §2; am L 1972, c 115, §1; am L 1973, c 211, §1(f); gen ch 1985; am L 2014, c 201, §14] Note The 2014 amendment applies to delinquent behavior committed on or after November 1, 2014. L 2014, c 201, §21(2).