Know Your Rights | CWS Encounters | Hawaii

"CWS Encounters | Hawaii" is a part of our Know Your Rights Series.

When Child Welfare Services (CWS) gets involved with a family in Hawaii, knowing your rights is critical to maintaining your privacy and protecting your family’s safety and well-being. 

CWS cannot enter a home without a valid warrant unless they have either the parent's consent or a reasonable belief that a child is in imminent danger of serious bodily injury. 

Record whenever possible, or take notes to carefully document interractions.

When Parents Can Refuse Entry

CWS workers must identify themselves and state the purpose of their visit when they come to your home. You are not required to open your door or allow entry unless they present a valid, judge-signed warrant or there is an emergency involving imminent danger to a child. You have the right to refuse entry without either a warrant or in the absence of a clear emergency. Always ask to see identification and verify any warrant carefully. Read the warrant’s face (officials must show it upon request).

A valid warrant will contain: 

• The address to be entered: Ensure the address matches your home exactly, including any apartment or unit number. If it’s wrong or ambiguous, politely state, “This doesn’t match my address,” and refuse entry until corrected. CWS may seek to inspect specific areas; the warrant must reflect this precision.

• The legal reason for the search: Look for a specific crime or suspicion. General phrases like “welfare check” without details are insufficient. Politely ask them to show you the probable cause statement. If unclear or missing, do not allow entry; ensure the reason aligns with CWS’s stated concerns and not an unrelated topic.

• The scope of the search: Check the warrant for a detailed list of items or areas. In child welfare, this might include “conditions affecting child safety.” If it’s overly broad, like a search of the entire premises, question its validity and refuse entry until clarified. Ask, “What exactly are you authorized to take or inspect?” to ensure limits are clear and specific.

• The signature of a judge: Inspect the warrant for a judge’s name and signature, plus a court seal or stamp. Check the issuance date to ensure it’s recent. Warrants expire after 10 days. If missing or outdated, say, “I need to see a valid, signed warrant,” and deny entry. Confirm the judge’s jurisdiction (a family court judge assigned to your locality)

If no valid warrant is presented, politely decline entry and ask officials to leave or otherwise wait outside while you seek legal advice.

Imminent Danger: What It Means

Under Hawaii law, imminent danger means there is an active, visible, and articulable threat of physical harm to a child that requires immediate intervention to prevent injury. This is not a vague concern but a specified, urgent risk that if not addressed at once, could result in serious harm or death before normal legal processes can occur. 

They must provide concrete facts. Examples include: “A neighbor reported hearing a child screaming for help at 9 AM today” or “We received a call about a child locked in a room without food”).

Look for:

Details like time, source, or observable conditions would be verifiable. They should describe the source’s credibility. Anonymous tips alone are weak unless corroborated by observable evidence.

Ask, " What specific evidence do you have of an emergency?" The claim must require instant action, rather than past instances that have no immediate threat. Vague claims like “We got a tip about neglect" or refusal to explain a pretext are red flags to watch for. If unclear, state, “I need specific reasons before I can allow entry.”

Your Rights During Investigation

During any investigation or visit, you have the right to:

• A clear explanation of the concerns and allegations against your family.

• Request the presence of a lawyer and/or advocate before answering questions or signing documents.

• Record or film interactions with CWS and officers as long as you do not interfere physically.

• Know the outcomes of investigations, including whether abuse or neglect is confirmed.

• Have hearings scheduled promptly (usually within three days) if your child is removed temporarily.

Protecting Your Family’s Rights

If there is disagreement with an assessment or removal, ask for all decisions in writing and seek legal counsel immediately. Document every visit thoroughly—names, badge numbers, times, questions asked, and what specifically was explained. Do not sign anything. 

Don’t let CWS talk you into consent, written or verbal. They might push for a “quick look” to skip getting a warrant, making it easier to snoop and build a case from something minor, like a cluttered room. Ask, “What’s the danger right now?” and don’t sign anything without a lawyer. Jot down names and details. Using your rights ensures CWS plays fair, keeping your family safe on your terms.

The Libertarian Party of Hawaii is dedicated to strengthening Hawaii's liberties while limiting government powers and abuses. Check out our Know Your Rights tab for more!