reglab/housing_qa huggingface dataset:
HI Rev Stat § 334-59.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-59.5 Notice of admissions, examinations, and hospitalizations.

 §334-59.5 Notice of admissions, examinations, and hospitalizations. Notice of an individual's emergency admission, examination, and hospitalization under this chapter may be given to at least one of the following persons in the following order of priority: the individual's spouse or reciprocal beneficiary, legal parents, adult children, legal guardian, if one has been appointed, or if none can be found, the closest adult relative, as long as the individual:  (1) Has capacity to make health care decisions and agrees;  (2) Is given the opportunity to object and does not object, or the health care provider can reasonably infer from the circumstances based on the exercise of professional judgment that the individual does not object; or  (3) Is incapacitated or an emergency circumstance exists and the health care provider determines based on the exercise of professional judgment that doing so is in the best interest of the individual. [L 2018, c 144, §2]
HI Rev Stat § 334-60 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-60 REPEALED.

 §334-60 REPEALED. L 1984, c 188, §2.
HI Rev Stat § 334-60.1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-60.1 Voluntary admission for nonemergency treatment or supervision.

  §334-60.1 Voluntary admission for nonemergency treatment or supervision. (a) Acceptance for voluntary inpatient treatment at a psychiatric facility shall be in accordance with usual standards for hospital admissions.  (b) A facility may admit for evaluation, diagnosis, or treatment any individual under fifteen years of age for whom application is made by the individual €™s parent or guardian. If application for admission is countersigned by a minor aged fifteen through seventeen years before a family court officer, no hearing shall be necessary. If the minor elects not to sign, involuntary hospitalization proceedings shall be initiated.  (c) A facility shall discharge a voluntary patient who has sufficiently improved so that hospitalization is no longer desirable. A voluntary patient or the patient €™s guardian, representative, or attorney may request discharge in writing at any time following admission to the facility. If discharge would be dangerous to the patient or others, proceedings for involuntary hospitalization must be initiated as soon as possible but within twenty-four hours of the receipt by the administrator of the written request for discharge. If that time expires on a Saturday, Sunday, or holiday, the time for initiation is extended to the close of the next court day. Upon the initiation of the proceedings, the facility is authorized to detain the patient until further order of the court. If the patient was admitted on the patient €™s own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the patient.  (d) Notice of right to release. At the time of the patient €™s admission and each six months thereafter, a voluntary patient and the patient €™s guardian or representatives shall be notified in writing of the patient €™s right and how to apply for a discharge. [L 1984, c 188, pt of §3; gen ch 1985]
HI Rev Stat § 334-60.2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-60.2 Involuntary hospitalization criteria.

  §334-60.2 Involuntary hospitalization criteria. A person may be committed to a psychiatric facility for involuntary hospitalization, if the court finds:  (1) That the person is mentally ill or suffering from substance abuse;  (2) That the person is imminently dangerous to self or others; and  (3) That the person is in need of care or treatment, or both, and there is no suitable alternative available through existing facilities and programs which would be less restrictive than hospitalization. [L 1984, c 188, pt of §3; am L 1985, c 75, §2; am L 1986, c 335, §4; am L 2013, c 221, § §5, 24; am L 2016, c 114, §6] Cross References  Intermediate sanctions for selected offenders and defendants, see § §353-10.5, 353-63.5, and 706-605.1. Law Journals and Reviews  Risky Business: Assessing Dangerousness in Hawai €˜i. 24 UH L. Rev. 63. Case Notes  In light of the definition of "dangerous to self" under §334-1, person's refusal to take medications and person's racist remarks to strangers constituted insufficient evidence to support family court's finding that person was imminently and substantially dangerous to person's self. 102 H. 528 (App.), 78 P.3d 341.
HI Rev Stat § 334-60.3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-60.3 Initiation of proceeding for involuntary hospitalization.

 §334-60.3 Initiation of proceeding for involuntary hospitalization. (a) Any person may file a petition alleging that a person located in the county meets the criteria for commitment to a psychiatric facility. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by a certificate of the licensed physician, advanced practice registered nurse, or psychologist who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the signs and symptoms relied upon by the physician, advanced practice registered nurse, or psychologist to determine the person is in need of care or treatment, or both, and whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment. If the petitioner believes that further evaluation is necessary before commitment, the petitioner may request such further evaluation.  (b) In the event the subject of the petition has been given an examination, evaluation, or treatment in a psychiatric facility within five days before submission of the petition, and hospitalization is recommended by the staff of the facility, the petition may be accompanied by the administrator's certificate in lieu of a physician's or psychologist's certificate.  (c) The petition shall include the name, address, and telephone number of at least one of the following persons in the following order of priority: the subject of the petition's spouse or reciprocal beneficiary, legal parents, adult children, and legal guardian, if one has been appointed. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult children, or legal guardian, or if none can be found, notice shall be served on at least one of the subject's closest adult relatives, if any can be found. [L 1984, c 188, pt of §3; gen ch 1985; am L 1994, c 58, §2; am L 2015, c 27, §3; am L 2018, c 144, §3]
HI Rev Stat § 334-60.6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-60.6 Period of detention.

 §334-60.6 Period of detention. The psychiatric facility may detain a subject for a period of time ordered by the court not to exceed ninety days from date of admission unless sooner discharged by the facility pursuant to section 334-76 or section 334-74. At the end of the ninety-day period the subject shall be discharged automatically except as provided in sections 704-406, 704-411, and 706-607, unless before expiration of the period and by a proceeding initiated pursuant to section 334-60.3 the facility obtains a court order for the subject's recommitment. Recommitment for a period not to exceed ninety days may not be ordered unless the court determines that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist. If at the end of a recommitment period the court finds that the criteria for involuntary hospitalization set forth in section 334-60.2 continue to exist and are likely to continue beyond ninety days, the court may order recommitment for a period not to exceed one hundred eighty days.  Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient, for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired, or where the patient is no longer a proper subject for commitment. [L 1984, c 188, pt of §3; gen ch 1985; am L 1988, c 44, §1]
HI Rev Stat § 334-61 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-61 Presumption; civil rights.

 §334-61 Presumption; civil rights. No presumption of insanity or legal incompetency shall exist with respect to any patient by reason of the patient €™s admission to a psychiatric facility under this chapter. The fact of the admission shall not in itself modify or vary any civil right of any such person, including but not limited to civil service statutes or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law, or the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, and to vote. If the administrator of a psychiatric facility or the deputy is of the opinion that a patient should not exercise any civil right, application for a show cause order shall be made to the court under the above proceedings after notice pursuant to section 334-60.4. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; am L 1985, c 68, §7]
HI Rev Stat § 334-62 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-62 Service of process and papers upon patients.

  §334-62 Service of process and papers upon patients. (a) Service of process and papers upon a patient in a psychiatric facility or a patient on authorized or unauthorized absence from a psychiatric facility shall be made in the following manner:  (1) Service of process and papers relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient and shall also be made personally or by certified mail upon the patient €™s guardians and the public defender, the patient €™s attorney or court-appointed attorney; otherwise, service upon the patient shall be incomplete. A copy of the legal process or paper served on a patient under this paragraph shall be given to the administrator of the psychiatric facility or the administrator €™s deputy and shall be filed with the records of the patient.  (2) Service of process and papers not relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient, the patient €™s guardians, and the administrator of the psychiatric facility or the administrator €™s deputy; otherwise, service upon the patient shall be incomplete and shall not give the issuing court or agency jurisdiction over the person of the patient. A legal process or paper served under this paragraph shall be filed with the records of the patient, and the administrator of the psychiatric facility or the administrator €™s deputy shall immediately inform the court or other agency out of which the process or paper issued, in writing, of the date of service and of the mental and physical condition of the patient.  (b) Neither the administrator nor anyone connected with a psychiatric facility shall accept service of process or papers on behalf of a patient. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; gen ch 1985]
HI Rev Stat § 334-71 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-71 Transfer of patients between facilities.

  §334-71 Transfer of patients between facilities. A patient at a psychiatric facility, including those held on court order, may be transferred to another psychiatric facility when the administrator of the sending facility determines that it would be in the best interest of the patient that the patient be transferred and the administrator of the receiving facility agrees to accept the patient; provided that prior notice of such transfer be given to the subject of such transfer and to those persons specified in a current order of commitment. If there is no current order of commitment, notice shall be given to those persons enumerated in section 334-60.4. [L 1967, c 259, pt of §1; HRS §334-71; am L 1976, c 130, §5; am L 1977, c 76, §4; am L 1985, c 68, §8]
HI Rev Stat § 334-73 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-73 REPEALED.

 §334-73 REPEALED. L 1976, c 130, §7.
HI Rev Stat § 334-74 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-74 Transfer of residents of correctional facilities.

  §334-74 Transfer of residents of correctional facilities. If any resident of a state correctional facility is in need of acute psychiatric treatment for mental illness, the director of public safety or the officer in charge of the correctional facility may file with the director an application for the transfer of the resident to a facility operated by the department of health or at which the director of health contracts for services, together with the certificate of a psychiatrist or psychologist employed by the department showing the need for such treatment, and, upon approval of the application by the director, the official having custody of the resident shall transfer the resident to the facility operated by the department or at which the director contracts for care and treatment. The official effecting the transfer of the resident shall keep the director informed of the maximum period of commitment of the resident to the director of public safety, and, if the continued care of the resident beyond the expiration of the period is deemed necessary, the director shall institute the procedures required to detain the resident as a patient notwithstanding the resident's release from the state correctional facility; provided that a judicial hearing pursuant to sections 334-60.2 to 334-60.7 be held by the same circuit court that sentenced the resident. In the event that discharge from the facility operated by the department or at which the director contracts for services occurs before the expiration of the maximum period of commitment or confinement, the resident shall be returned to the appropriate state correctional facility.  As used in this section, "resident" means any person serving a sentence in a state correctional facility or any child or minor detained in a state correctional facility. [L 1967, c 259, pt of §1; HRS §334-74; am L 1976, c 130, §8; am L 1977, c 76, §5; am L 1985, c 68, §9; am L 1987, c 338, §10; am L 1988, c 14, §1; am L 1989, c 211, §8; am L 1994, c 153, §3; am L 1999, c 119, §6] Cross References  Intermediate sanctions for selected offenders and defendants, see § §353-10.5, 353-63.5, and 706-605.1.
HI Rev Stat § 334-75 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-75 Authorized absence.

 §334-75 Authorized absence. The administrator of a psychiatric facility or the administrator €™s deputy may grant authorized absence from the facility to any patient upon such terms and conditions as the administrator or the administrator €™s deputy may deem advisable, and, as to a patient admitted or committed on court order, with the prior approval of the court for periods in excess of thirty days, and without the approval of the court for periods up to thirty days, or, as to a patient transferred under section 334-74, with the prior approval of the official effecting the transfer; provided that if a patient has been admitted or committed on court order after having been charged with a felony or misdemeanor pursuant to chapter 707, an absence can be authorized only with the prior approval of the court, except where the absence is supervised by the presence of someone from the facility. [L 1967, c 259, pt of §1; HRS §334-75; am L 1972, c 141, §1; am L 1982, c 42, §1; gen ch 1985] Case Notes  Court approval is necessary to authorize leaves from psychiatric facility even if patient has been acquitted of the chapter 707 charges. 69 H. 370, 742 P.2d 373.
HI Rev Stat § 334-76 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-76 OLD REPEALED. §334-76 Discharge from custody.

  §334-76 OLD REPEALED. L 1976, c 130, §9.   §334-76 Discharge from custody. (a) Subject to any special requirements of law as provided in sections 704-406, 704-411, and 706-607 or elsewhere, with respect to patients committed on court order from a criminal proceeding, the administrator of a psychiatric facility, pursuant to section 334-60.7, shall:  (1) Send a notice of intent to discharge or notice of the patient €™s admission to voluntary inpatient treatment to those persons specified in the order of commitment as entitled to receive notice of intent to discharge, by mail at their last known address; and  (2) Send a notice of intent to discharge or notice of the patient's admission to voluntary inpatient treatment to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically.  (b) The administrator or the deputy or the physician assuming medical responsibility for the patient shall discharge an involuntary patient when the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2.  (c) Nothing in this section shall preclude a facility from accepting for voluntary inpatient treatment, in accordance with the procedures in section 334-60.1, a patient for whom the facility contemplates discharge pursuant to section 334-60.7 and who voluntarily agrees to further hospitalization after the period of commitment has expired or where the patient is no longer a proper subject for commitment. [L 1977, c 76, §6; am L 1985, c 68, §10 and c 220, §2; am L 1988, c 44, §3; am L 2014, c 156, §2]
HI Rev Stat § 334-81 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-81 Request for hearing.

  §334-81 Request for hearing. At any time after the admission of a patient to a psychiatric facility under part IV of this chapter or after the transfer of a patient to another psychiatric facility under section 334-71, the patient or, on the patient's behalf, any member of the patient's family, relative, friend, or responsible person, may obtain a judicial determination of the regularity of the patient's admission or of the need for the patient's continued hospitalization by filing a written request therefor in the family court of the circuit in which the psychiatric facility is located. The form of the request shall be prescribed and supplied free of charge by the court, and the proceedings in connection therewith shall be styled "In the Interest of (the named patient)". The administrator of the psychiatric facility shall assist the patient in obtaining legal counsel if the patient objects to the patient's admission or continued hospitalization. L 1967, c 259, pt of §1; HRS §334-81; am L 1977, c 76, §7; gen ch 1985 Law Journals and Reviews  For description of procedure under chapter, see Thou Shalt Not Commit, Samuel P. King. 5 HBJ 46.
HI Rev Stat § 334-82 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-82 Order to show cause; guardian ad litem.

 §334-82 Order to show cause; guardian ad litem. Immediately upon receipt of a request, the court shall issue an order to show cause directed to the administrator of the facility and commanding the administrator to show cause at a date and time certain no later than five days thereafter why the patient should not be discharged immediately. A copy of the request shall be attached to the order to show cause. The form of the order to show cause shall be prescribed and supplied free of charge by the court. The order to show cause shall issue without cost and may be served as any other civil process or by any responsible person appointed by the court for that purpose. At any stage of the proceedings, the court may appoint a guardian ad litem for the patient. The guardian ad litem may be a member of the bar of the court or any other responsible person. Service on the administrator may be effected by leaving certified copies of the order to show cause and request at the facility with any person exercising authority. Notice of the order to show cause and the hearing date, and any adjournments, continuances, other delays, and dates of rescheduled hearings shall be provided to those persons entitled to notice pursuant to section 334-60.4. [L 1967, c 259, pt of §1; HRS §334-82; gen ch 1985; am L 2018, c 144, §7] Rules of Court  Service, see HRCP rule 4.  Guardian ad litem, see HRCP rule 17(c).
HI Rev Stat § 334-83 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-83 Hearing.

 §334-83 Hearing. The court may take testimony and may examine the patient and after a full and complete hearing shall render a decision in writing, setting forth its findings of fact and conclusions of law. The court may award a fee to the guardian ad litem to be paid out of any property of the patient or funds of the court available therefor. [L 1967, c 259, pt of §3; HRS §334-83; am L 1973, c 93, pt of §2]
HI Rev Stat § 334-84 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-84 Order.

 §334-84 Order. If it is determined that the admission of the patient is regular and that the patient needs continued hospitalization, the court shall issue an order authorizing the detention of the patient at the facility. If it is determined that the admission of the patient is not regular or that the patient does not need continued hospitalization, the court shall issue an order requiring the immediate discharge of the patient from the facility. Notice of the detention or discharge shall be provided to those persons entitled to notice pursuant to section 334-60.4. [L 1967, c 259, pt of §1; HRS §334-84; am L 2018, c 144, §8] Cross References  Report of adjudication to county clerks, see §806-76.
HI Rev Stat § 334-85 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-85 Further hearings.

 §334-85 Further hearings. A judicial determination under this part regarding the detention of a patient at the same psychiatric facility may not be demanded as of right more often than once in a period of six months. [L 1967, c 259, pt of §1; HRS §334-85]
HI Rev Stat § 334-86 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism|334-86 Status of patient pending hearing.

 §334-86 Status of patient pending hearing. Unless otherwise ordered by the court, the authority of the psychiatric facility to detain a patient shall not be diminished by the institution of proceedings under this part until a final order requiring the discharge of the patient. [L 1967, c 259, pt of §1; HRS §334-86]