Opinion
NO. CAAP-16-0000021
03-07-2018
IN THE INTEREST OF JE
On the motion: Tracy Murakami, Deputy Prosecuting Attorney, County of Kauai, for Petitioner-Appellee.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE FAMILY COURT OF THE FIFTH CIRCUIT
(FC-J NO. 0103122) ORDER GRANTING IN PART STATE OF HAWAI'I'S FEBRUARY 26, 2018 MOTION FOR RECONSIDERATION AND VACATING THE FEBRUARY 16, 2018 SUMMARY DISPOSITION ORDER OF THE COURT
(By: Fujise, Acting C.J., and Ginoza, J., with Leonard, J., concurring and dissenting)
Upon consideration of the February 26, 2018 "Petitioner-Appellee State of Hawaii's motion for Reconsideration," (Motion) and the record, it appears that (1) the February 16, 2018 Summary Disposition Order vacated the December 14, 2015 Family Court of the Fifth Circuit's Decision and Order Regarding Restitution Hearing (Order); (2) the Order imposed restitution upon JE or his Mother; (3) the Family Court is authorized, independent of Hawaii Revised Statutes (HRS) § 571-48(11) regarding imposition of restitution on an adjudicated minor, to impose restitution under HRS § 571-48(13) upon parents of an adjudicated minor for loss or damages resulting from their child's actions; and (4) Mother did not appeal from the Order, see In re TC, 121 Hawai'i 92, 104-05, 214 P.3d 1082, 1094-95 (App. 2009) (holding parents have standing and specifically have a right, inter alia., to appeal from HRS § 571-11(1) proceedings).
Therefore, IT IS HEREBY ORDERED that the Motion is granted in part: The December 14, 2015 Decision and Order Regarding Restitution hearing will be reversed as to JE.
IT IS FURTHER ORDERED that the February 16, 2018 Summary Disposition Order is vacated and a new order shall be entered.
DATED: Honolulu, Hawai'i, March 7, 2018. On the motion: Tracy Murakami, Deputy Prosecuting Attorney, County of Kauai, for Petitioner-Appellee.
/s/
Acting Chief Judge
/s/
Associate Judge