Hawaii enacts law limiting adult court transfers for abused and trafficked youth

Hawaii has become the second state to bar trafficked and abused children from being prosecuted as adults in certain cases, after Gov. Josh Green signed SB 2108 into law June 29, 2026. The measure expands trauma-informed review in youth transfer decisions and keeps more cases in Family Court, a shift advocates say better aligns the system with adolescent development science.

Why it matters: - SB 2108 changes who can be moved from Hawaiʻi’s juvenile system into adult criminal court. - The law is aimed at children with trafficking, sexual abuse or rape histories tied to the alleged offense. - Human Rights for Kids says the reform pushes youth justice toward trauma-informed standards and developmentally appropriate treatment. - Advocates say adult prosecution can increase violence, sexual abuse, suicide risk, psychological harm and recidivism for children.

What happened: - Gov. Josh Green signed Senate Bill 2108 into law on June 29, 2026. - The legislation revises Hawaiʻi’s judicial waiver process for transferring children to adult criminal court. - Courts must now consider more developmental and trauma-related factors before a child can be prosecuted as an adult. - Family Court must retain jurisdiction when a child was trafficked, sexually abused or raped by the alleged victim involved in the offense. - Hawaiʻi is now the second state to fully bar the adult prosecution of trafficked and abused children in these circumstances.

The details: - SB 2108 requires judges to weigh trauma history and adolescent development before making transfer decisions. - The law also preserves Family Court jurisdiction over certain later acts involving youth already transferred for criminal proceedings. - The statute strengthens judicial review standards so transfer decisions account for youth status and trauma history. - Human Rights for Kids worked with lawmakers, advocates, impacted individuals and coalition partners to advance the bill. - Senator Mike Gabbard led the measure in the legislature. - Gabbard said the law is meant to make the justice system more trauma-informed and grounded in adolescent brain development science.

Between the lines: - The law reflects a broader shift toward treating abused and trafficked youth as developmentally distinct from adults. - The reform also signals growing skepticism about whether adult court improves public safety when the defendant is a child with a trauma history. - Human Rights for Kids argues that punishment alone does not account for the effects of repeated trauma on child development. - The organization frames the change as part of a national effort to align youth justice policy with modern science and rehabilitation.

What's next: - Human Rights for Kids said it will continue pushing similar policies nationwide. - The group plans to keep advocating for legal systems that reflect research on adolescent development, trauma and rehabilitation. - Hawaii courts will now apply the new transfer standards in future cases involving youth covered by the law.

The bottom line: - Hawaiʻi has moved to keep more trafficked and abused children out of adult court, with a new law that makes trauma and development central to transfer decisions.