In re: A.M., S.M. and M.M.
── In re: A.M., S.M. and M.M. ──
Court: Hawaii Intermediate Court of Appeals
Date: April 29, 2026
Category: General
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-APR-2026
08:05 AM
Dkt. 80 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
IN THE INTEREST OF A.M., S.M., and M.M.
APPEAL FROM THE FAMILY COURT OF THE FIFTH CIRCUIT
(CASE NO. FC-S 22-00027)
SUMMARY DISPOSITION ORDER
(By: Leonard, Presiding Judge, Wadsworth and Guidry, JJ.)
Father-Appellant (Father) appeals from the "Amended
Order Terminating the Parental Rights of [Mother-Appellee
(Mother)] and [Father] and Awarding Permanent Custody ([Hawaii
Revised Statutes (HRS) Chapter] 587A" (Termination Order),
entered by the Family Court of the Fifth Circuit (family court)
on June 9, 2025. 1 The Termination Order terminated Mother's 2 and
1 The Honorable Stephanie R.S. Char presided.
2 Mother is a nominal appellee to this appeal.
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
Father's respective parental rights to their minor children
A.M., S.M., and M.M. (collectively, the Children).
Father raises four points of error on appeal,
contending that the family court erred: (1) because findings of
fact (FOFs) 1(c), 1(f), 41(a), 45, 50, and 87 are clearly
erroneous; (2) "by allowing questioning beyond the scope of
direct examination and questioning in an impermissible manner";
(3) "by refusing to allow questioning consistent with HRS
§ 587A-21(d) and [the] parents' due process rights"; and (4) "in
terminating [the] parents' parental rights and adopting the
permanent plan, as there was not clear and convincing evidence
that the permanent plan was in the [C]hildren's best interests."
Upon careful review of the record, briefs, and
relevant legal authorities, and having given due consideration
to the arguments advanced and the issues raised by the parties,
we resolve Father's points of error as follows:
(1) Father challenges portions of FOFs 1(c), 1(f),
41(a), 45, 50, and 87 3 of the Termination Order. "[FOFs] are
3 The portions of these FOFs that Father challenges are as follows:
[1(c).] The proposed permanent plan, dated January 21,
2025 is in the best interests of the [C]hildren.
. . . .
[1(f).] Under the circumstances that are presented in this
case, DHS has made reasonable efforts to finalize
the permanency plan which in this case is
permanent out of home placement.
(continued . . .)
2
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reviewed under the 'clearly erroneous' standard." In re JK,
149 Hawaiʻi 400, 406, 491 P.3d 1179, 1185 (App. 2021) (citation
omitted). To the extent some of these paragraphs can be
construed as mixed questions of fact and law, "we review [mixed
questions of fact and law] under the 'clearly erroneous'
standard because the court's conclusions are dependent on the
3(. . . continued)
. . . .
[41(a).] The court met with [A.M.] on November 8, 2024 in
an in chambers interview. . . . This 8-year old
child had an incredible grasp on what was
happening (and has happened) to her and her
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}