Hawaii
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Litigation
Key Development
January 6, 2014
Hawaii Supreme Court says parents have right to counsel in abuse/TPR cases
The Hawaii Supreme Court ruled that all parents have a constitutional right to counsel under the state's due process clause.
Read More
Key Development
March 11, 2021
Supreme Court of Hawaii ruling strengthens parents’ right to counsel in child welfare cases
The Supreme Court of Hawaii has ruled that parents must be appointed counsel for all types of child welfare cases upon filing of the petition.
Read More
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for an indigent parent in an abuse or TPR case, and for other parties if it is in the child's best interest.
Read More
Key Development
February 21, 2017
Legislation: timing of appointed counsel for parents
A bill would specify that parents are entitled to appointed counsel early in the child welfare process.
Read More
Discretionary
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in an abuse or termination proceeding if it is in the child's best interest.
Read More
Discretionary
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Discretionary appointment of counsel
A court must appoint counsel for the subject of an adult protective proceeding if it makes certain findings about the need for counsel.
Read More
Qualified
Benefits - Claimant
Litigation
Key Development
Discretionary appointment
The Hawaii Supreme Court approved appointment of counsel in a workman's compensation case pursuant to broad inherent powers.
Read More
No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
No such proceeding
There is no requirement that a minor obtain parental input prior to having an abortion.
Read More
Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for respondents in civil commitment cases.
Read More
Qualified
Custody Disputes - Children
Legislation
Key Development
July 11, 2017
Discretionary appointment of counsel for child in arbitrated custody dispute
In a custody arbitration, the arbitrator may appoint counsel for the child at the expense of the parents.
Read More
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for the respondent in a guardianship proceeding, but it requires a request.
Read More
Discretionary
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship matter if "the interests of the minor are or may be inadequately represented."
Read More
Qualified
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Presumptive right to counsel
Indigent respondents to involuntary outpatient mental health treatment petitions are likely entitled to an attorney.
Read More
Qualified
Other subject area
Legislation
Key Development
Right to counsel - Police officer sued civilly
A Hawaii statute requires appointment of counsel for defendant police officers in certain situations.
Read More
Discretionary
Parentage - Defendant/Respondent
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for any indigent party in a paternity proceeding.
Read More
Discretionary
Parentage - Petitioner or Child
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for any indigent party in a paternity proceeding.
Read More
Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for individuals, and groups, who are, or are about to be quarantined, unless pursuant to a state of emergency.
Read More
No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
Read More
Qualified
Sexually Dangerous Persons - Registration/Notification
Litigation
Key Development
Right to counsel
The intermediate court in Hawaii has recognized a constitutional right to counsel for sex offender classification hearings.
Read More
Categorical
Termination of Parental Rights (State) - Birth Parents
Litigation
Key Development
January 6, 2014
Hawaii Supreme Court says parents have right to counsel in abuse/TPR cases
The Hawaii Supreme Court ruled that all parents have a constitutional right to counsel under the state's due process clause.
Read More
Key Development
March 11, 2021
Supreme Court of Hawaii ruling strengthens parents’ right to counsel in child welfare cases
The Supreme Court of Hawaii has ruled that parents must be appointed counsel for all types of child welfare cases upon filing of the petition.
Read More
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for an indigent parent in an abuse or TPR case, and for other parties if it is in the child's best interest.
Read More
Discretionary
Termination of Parental Rights (State) - Children
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in an abuse or termination proceeding if it is in the child's best interest.
Read More
Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Indigent Hawaii children have a right to appointed counsel upon request in truancy proceedings.
Read More
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in a truancy matter in any situation deemed "advisable."
Read More