§571-44  Physical or mental examination and treatment.  The court may order that a child or minor concerning whom a petition has been filed shall be examined by a physician, surgeon, psychiatrist, or psychologist, and it may order treatment, by them, of a child or minor who has been adjudicated by the court.  For either the examination or treatment, the court may place the child or minor in a hospital or other suitable facility.  The court, after hearing, may order examination by a physician, surgeon, psychiatrist, or psychologist, of a parent or guardian whose ability to care for a child before the court is at issue.

     No child under the age of twelve shall be adjudged to come within section 571-11(1) without the written recommendation of a licensed psychologist or of a psychiatrist or other physician duly qualified by special training and experience in the practice of child psychiatry. [L 1965, c 232, pt of §1; Supp, §333-22; HRS §571-44; am L 1986, c 119, §1]

Rules of Court

  Physical and mental examinations, see HFCR rule 35.

Case Notes

  Where minor was adjudicated for alleged law violations without the statutorily required recommendation of a qualified physician or psychologist, pursuant to this section, and without the constitutional protections that apply to proceedings conducted under §571-11(1) jurisdiction, the family court erred in proceeding under §571-11(2) jurisdiction based on the material allegations of the amended petition filed against minor.  123 H. 184, 231 P.3d 457 (2010).