{"data":{"id":"us-hi/haw.-rev.-stat.-571-31.1","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 571-31.1","heading":"Standard for detention.","body":"(a) As used in this chapter, \"protection of the community\" means there is a threat to, and a necessity to protect, the person or property of others from:\n\n(1) A minor who is alleged to have committed an offense which caused physical harm, or a threat of physical harm, to another person; or\n\n(2) A minor who is alleged to have committed an offense which caused damage to, or theft of, property; and\n\n(A) The minor's record reveals a pattern of behavior which has caused damage to, or loss of, property; and\n\n(B) Previous control measures have failed.\n\n(b) As used in this chapter, \"immediate welfare\" means:\n\n(1) The minor is in physical, emotional, or psychological danger, or may be prior to the court's disposition;\n\n(2) No parent or other responsible adult known to the decision-maker is willing and able to provide the type and degree of supervision necessary to protect the minor from that danger;\n\n(3) No other secure facility is appropriate and available.\n\n(c) In determining whether the immediate welfare or the protection of the community requires a minor's detention, an officer or other person may take into consideration the following, among other pertinent factors:\n\n(1) The severity of the violation or violations which the child is reasonably believed to have committed;\n\n(2) The frequency with which the child is reasonably believed to have committed such or other violations;\n\n(3) The child's age, character, physical, and mental health;\n\n(4) The interpersonal relationships between the child, the family, and the community; and\n\n(5) Any previous history of referrals to the court.","path":["HI Code","Division 3","Title 31","Chapter 571"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0571/HRS_0571-0031_0001.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"a140a4404a58e19e5fc419b11e162e02555c39fbd3edf42e54c93af3b62eb8e4","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-571-3","next":"us-hi/haw.-rev.-stat.-571-31.2"},"notice":"GroundRules: Original legal text. Not legal advice."}