reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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 (1987).
2023 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]
2023 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. V HBJ, no. 2, at 46 (1968).
2023 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).
2023 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]
2023 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.
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-101 Establishment.

Cross References
Intermediate sanctions for selected offenders and defendants, see § §353-10.5, 353-63.5, and 706-605.1.
§334-101 Establishment.
It is the intent of the legislature to establish a statewide system of residential treatment programs which provide a range of available services which will be alternatives to institutional care and are based on principles of residential, community-based treatment.
It is further the intent of the legislature that community residential mental health programs in the State of Hawaii be developed in accordance with the guidelines and principles set forth in this part. To this end, the department may implement the community residential treatment system described in this part either with available allocations or applying for funds from the legislature. Any private, nonprofit, or public organization, or both, within the State is eligible to submit an application for operation under this part.
It is further the intent of the legislature to provide guidelines for such a system to the applicants, while allowing each applicant the flexibility to design a system specific to the nature of the community and the needs of the clients.
It is further the intent of the legislature that the director, in authorizing programs which serve as alternatives to institutionalization, follow the guidelines and principles developed herein. [L 1980, c 221, pt of §2; am L 1986, c 237, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-102 Criteria.

§334-102 Criteria.
The director shall use the following as criteria in determining the eligibility of each applicant:
(1) Facilities:
(A) Settings, whether residential or day, shall be as close to a normal home environment as possible without sacrificing client safety or care;
(B) Residential treatment centers shall be relatively small, preferably fifteen beds or less, but in any case with the appearance of noninstitutional setting; and
(C) The individual elements of the system, where possible, shall be in separate facilities and not part of one large facility attempting to serve an entire range of clients;
(2) Staffing patterns:
(A) Staffing patterns shall reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, sexual, and other social characteristics of the community the facility serves;
(B) The programs shall be designed to use appropriate multidisciplinary professional consultation and staff to meet the specific diagnostic and treatment needs of the client; and
(C) Programs shall be encouraged to use paraprofessionals where appropriate;
(3) Programs:
(A) The programs shall have a rehabilitation focus which encourages the client to develop the skills to become self-sufficient and capable of increasing levels of independent functioning where appropriate. They shall include prevocational and vocational programs;
(B) The programs shall encourage the participation of the clients in the daily operation of the setting in development of treatment and rehabilitation planning and evaluation;
(C) Participation in any element of the system shall not preclude the involvement of clients in individual therapy. Individual therapists of clients, where possible, shall be directly involved in the development and implementation of a treatment plan;
(4) Coordination: The programs shall demonstrate specific linkages with one another, and with the general treatment and social service system, as a whole. These connections should not be limited to the mental health system, but shall include, whenever possible, community resources utilized by the general population. To ensure coordination occurs, each program shall include a case management system in which the case manager serves as a coordinator to assure the cooperative operation of the various elements of the system and to act as an active advocate for the clients in the system. The case manager shall assure that each client receives the appropriate type of service. The case manager shall meet regularly with clients, work closely with program staff, and serve as an advocate. The case manager shall work directly with the client and the system to assure continuity of care between the service elements of the system. [L 1980, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-104 Least restrictive level of service.

§334-104 Least restrictive level of service.
The system shall be developed in such a way that clients may move within the system to the most appropriate, least restrictive level of service. The system shall also allow for direct referral of clients, without requiring that a person pass through the entire system to reach the most appropriate level. [L 1980, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-105 Evaluation.

§334-105 Evaluation.
An adequate proportion of funds shall be applied to the development and implementation of an appropriate evaluation mechanism. The department, in conjunction with the programs, shall specify the criteria to be used in the evaluation of each program and in the evaluation of the entire system.
By June 30, 1982, the department shall conduct or contract for the evaluation. Evaluation reports shall be transmitted to the legislature. [L 1980, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-106 License or accreditation required.

§334-106 License or accreditation required.
Facilities operated pursuant to this part shall be licensed under existing licensing categories, including provisional licenses, or accredited pursuant to section 321-193(10). Facilities operated pursuant to section 334-103(1) or (2) to provide services to mentally ill adults shall be licensed, including provisional licenses. Facilities operated to provide services to mentally ill adults pursuant to section 334-103(3) or (4) shall be accredited rather than licensed. The director shall review the appropriateness of these licensing and accreditation categories. If the director determines that new licensing or accreditation categories are necessary, the director shall issue a report and recommendation to the legislature. [L 1980, c 221, pt of §2; gen ch 1985; am L 1986, c 237, §3; am L 2002, c 54, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-121 Criteria for assisted community treatment.

Note
Part heading amended by L 2013, c 221, § §2, 24; 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.
Attorney General Opinions
Regarding the meaning and functioning of this chapter and the assisted community treatment provisions under this part: (1) to be deemed "imminently dangerous to self or others", the individual does not need to be currently dangerous to self or others; (2) determinations surrounding whether a person is "dangerous to self" or "imminently dangerous to self or others" are mixed questions of fact and law; (3) if an individual is not "imminently dangerous to self or others", the individual may be placed under an assisted community treatment order, if appropriate; and (4) an individual may be forcibly medicated under an assisted community treatment order if the individual is within an emergency department or admitted to a hospital, it is determined there that the individual is "imminently dangerous to self or others", and the administration of medication pursuant to the assisted community treatment order is indicated by good medical practice. Att. Gen. Op. 23-01.
§334-121 Criteria for assisted community treatment.
A person may be ordered to obtain assisted community treatment if the family court finds, based on the professional opinion of a psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, that:
(1) The person is mentally ill or suffering from substance abuse;
(2) The person is unlikely to live safely in the community without available supervision, is now in need of treatment in order to prevent a relapse or deterioration that would predictably result in the person becoming imminently dangerous to self or others, and the person's current mental status or the nature of the person's disorder limits or negates the person's ability to make an informed decision to voluntarily seek or comply with recommended treatment;
(3) The person has a:
(A) Mental illness that has caused that person to refuse needed and appropriate mental health services in the community; or
(B) History of lack of adherence to treatment for mental illness or substance abuse that resulted in the person becoming dangerous to self or others and that now would predictably result in the person becoming imminently dangerous to self or others; and
(4) Considering less intrusive alternatives, assisted community treatment is essential to prevent the danger posed by the person, is medically appropriate, and is in the person's medical interests. [L 1984, c 251, pt of §1; am L 1992, c 138, §2; am L 2013, c 221, § §7, 24; am L 2016, c 114, §6; am L 2017, c 88, §2; am L 2019, c 129, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-121.5 Examination for assisted community treatment indication.

§334-121.5 Examination for assisted community treatment indication.
A licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization associated with the licensed psychiatric facility where a person is located who was committed to involuntary hospitalization, delivered for emergency examination or emergency hospitalization, or voluntarily admitted to inpatient treatment at a psychiatric facility pursuant to part IV shall, before the person's discharge, examine the person to determine whether an assisted community treatment plan is indicated pursuant to this part. If a plan is indicated, the psychiatrist or advanced practice registered nurse shall prepare the certificate specified by section 334-123 and may request assistance from the department of the attorney general with the preparation and filing of a petition brought pursuant to section 334-123. The psychiatric facility may notify another mental health program for assistance with the coordination of care in the community for the person. Nothing in this section shall delay the appropriate discharge of a person from the psychiatric facility after the examination for assisted community treatment indication has been completed. [L 2019, c 129, §2; am L 2023, c 153, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-122 Definitions.

§334-122 Definitions.
For the purposes of this part:
"Advanced practice registered nurse" means a registered nurse licensed to practice in this State who:
(1) Has met the qualifications set forth in chapter 457 and this part;
(2) Because of advanced education and specialized clinical training, is authorized to assess, screen, diagnose, order, utilize, or perform medical, therapeutic, preventive, or corrective measures;
(3) Holds an accredited national certification in an advanced practice registered nurse psychiatric specialization; and
(4) Holds prescriptive authority pursuant to section 457-8.6.
"Assisted community treatment" includes medication specifically authorized by court order; individual or group therapy; day or partial day programming activities; services and training, including educational and vocational activities; supervision of living arrangements; and any other services prescribed to either alleviate the person's disorder or disability, maintain or maximize semi-independent functioning, or prevent further deterioration that may reasonably be predicted to result in the need for hospitalization or more intensive or restrictive levels of care in the community or incarceration for criminal behavior.
"Designated mental health program" includes a state-operated or private provider who is authorized to provide mental health services, including but not limited to inpatient treatment, outpatient treatment, case management, day treatment, or crisis services.
"Interested party" means a parent, grandparent, spouse, sibling, adult child, reciprocal beneficiary, service provider, case manager, outreach worker, or mental health professional.
"Subject of the order" means a person who has been ordered by the court to obtain assisted community treatment.
"Subject of the petition" means the person who, under a petition filed under section 334-123, is alleged to meet the criteria for assisted community treatment.
"Treating psychiatrist" means the psychiatrist who is responsible for the management and supervision of a person's treatment under order of the court. [L 1984, c 251, pt of §1; am L 2013, c 221, § §8, 24; am L 2016, c 114, §6; am L 2017, c 88, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-123 Initiation of proceeding for assisted community treatment.

§334-123 Initiation of proceeding for assisted community treatment.
(a) Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment. The petition shall state:
(1) Each of the criteria under section 334-121 for assisted community treatment;
(2) Petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334-121;
(3) Facts that support the petitioner's good faith belief that the subject of the petition meets each of the criteria under section 334-121; and
(4) That the subject of the petition is present within the county where the petition is filed.
The hearing on the petition need not be limited to the facts stated in the petition. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public.
(b) The petition may be accompanied by a certificate of a licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization who has examined the subject of the petition within twenty calendar days prior to the filing of the petition. For purposes of the petition, an examination shall be considered valid so long as the licensed psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization has obtained enough information from the subject of the petition to reach a diagnosis of the subject of the petition, and to express a professional opinion concerning the same, even if the subject of the petition is not fully cooperative. If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request further evaluation.
(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, the petition shall include the name, address, and telephone number of at least one of the subject's closest adult relatives, if any can be found. [L 1984, c 251, pt of §1; am L 1986, c 339, §44; am L 2013, c 221, § §9, 24; am L 2015, c 231, §1; am L 2016, c 114, §6; am L 2017, c 88, §4; am L 2018, c 144, §9; am L 2019, c 129, §5]
Note
Annual report to legislature regarding assisted community treatment, beginning with the 2015 legislature. L 2013, c 221, § §21, 24; L 2015, c 231, §7; L 2016, c 114, §6.
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-123.5 Appointment of a guardian ad litem.

§334-123.5 Appointment of a guardian ad litem.
The family court, upon receipt of a petition filed under this part, shall determine the existence of a guardian and if none, shall appoint a guardian ad litem to represent the best interests of the subject of the petition throughout the pendency of the proceedings. [L 2021, c 58, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-124 Hearing date.

§334-124 Hearing date.
The family court shall set a hearing date on a petition, and any subsequent hearing dates for the petition, as soon as possible. [L 1984, c 251, pt of §1; am L 2013, c 221, §10; am L 2015, c 231, §2; am L 2023, c 153, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-125 Notice.

§334-125 Notice.
(a) Notice of the hearing shall be:
(1) Served personally on the subject of the petition pursuant to family court rules;
(2) Served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, to as many as are known to the petitioner of the subject'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 of the hearing shall be served on at least one of the subject's closest adult relatives, if any can be found;
(3) Served on the guardian ad litem appointed for the subject of the petition or the subject's existing guardian, if the court determines the existence of one;
(4) Served on the attorney for the subject of the petition, if applicable; and
(5) Given to other persons as the court may designate.
(b) The notice shall include the following:
(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and possible consequences to the subject, and a statement of the legal standard upon which assisted community treatment is being considered;
(2) A copy of the petition;
(3) Notice that the subject of the petition has been assigned a guardian ad litem to represent the best interests of the subject throughout the proceeding, unless the court determined the existence of a guardian for the subject; and
(4) Notice that the subject of the petition is entitled to the assistance of an attorney, and that the subject may contact their own attorney.
(c) Notice of all subsequent hearings shall be served in accordance with subsections (a) and (b), and in accordance with all applicable family court rules relating to service of notice, including that service need not be made on parties in default for failure to appear. [L 1984, c 251, pt of §1; am L 1997, c 383, §48; am L 2013, c 221, § §11, 24; am L 2015, c 231, §3; am L 2016, c 114, §6; am L 2018, c 144, §10; am L 2021, c 58, §3]
Rules of Court
Service of process, see HFCR rule 4.
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-128 Treatment costs and fees.

§334-128 Treatment costs and fees.
Private treatment pursuant to the court order shall be at the expense of the subject of the petition, except to the extent such charges are covered by other laws or programs. Treatment through a designated mental health program shall be pursuant to its fee schedules; however, the subject of the order shall not be denied treatment by a designated mental health program for failure to pay the fees. [L 1984, c 251, pt of §1; am L 2013, c 221, § §14, 24; am L 2016, c 114, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-129 Failure to comply with assisted community treatment.

§334-129 Failure to comply with assisted community treatment.
(a) A treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization may prescribe or administer to the subject of the order reasonable and appropriate medication or medications, if specifically authorized by the court order, and treatment that is consistent with accepted medical standards and the family court order, including the written treatment plan submitted pursuant to section 334-126(g).
(b) No subject of the order shall be physically forced to take medication under a family court order for assisted community treatment unless the subject is within an emergency department or admitted to a hospital, subsequent to the date of the current assisted community treatment order.
(c) A subject may be transported to a designated mental health program, or a hospital emergency department, for failure to comply with an order for assisted community treatment via the following methods:
(1) By an interested party with the consent of the subject of the order; or
(2) In accordance with section 334-59.
(d) The designated mental health program's treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization or designee of the psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall make all reasonable efforts to solicit the subject's compliance with the prescribed treatment. If the subject fails or refuses to comply after the efforts to solicit compliance, the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall assess whether the subject of the order meets criteria for admission to a psychiatric facility under part IV of this chapter, and proceed with the admission pursuant to section 334-59(a)(2) or (3); provided that the refusal of treatment shall not, by itself, constitute a basis for involuntary hospitalization.
(e) Notice of any transport or admission under this section shall be provided pursuant to section 334-59.5. [L 1984, c 251, pt of §1; am L 2013, c 221, § §15, 24; am L 2016, c 114, § §4, 6; am L 2017, c 88, §7; am L 2018, c 144, §13; am L 2021, c 58, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-130 Period of assisted community treatment.

§334-130 Period of assisted community treatment.
(a) The assisted community treatment order shall continue to apply to the subject, for the duration specified in the order, regardless of whether the treatment setting changes.
(b) A subject of assisted community treatment is automatically and fully discharged at the end of the family court ordered period of treatment, a period of no more than two years, unless a new family court order has been obtained as provided hereinbelow.
(c) Nothing in this section shall preclude the subject's stipulation to the continuance [of] an existing court order. [L 1984, c 251, pt of §1; am L 2013, c 221, § §16, 24; am L 2016, c 114, § §5, 6; am L 2023, c 153, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-131 Notice of intent to discharge.

§334-131 Notice of intent to discharge.
(a) When the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization contemplates discharge for a subject of the order because of expiration of the court order or because the subject of the order is no longer a proper subject for assisted community treatment, as determined by the criteria in section 334-121, the treating psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization shall provide notice of intent to discharge.
(b) The notice shall be filed with the family court that issued the order for assisted community treatment, and served by personal service or by certified mail on the interested party who filed the petition and those persons whom the order for assisted community treatment specifies as entitled to receive notice.
(c) The notice of intent to discharge shall be mailed at least ten days prior to the intended date of discharge.
(d) If no objection is filed under section 334-132 prior to the intended date of discharge, the subject of the order is thereupon fully discharged from assisted community treatment. [L 1984, c 251, pt of §1; am L 2013, c 221, § §17, 24; am L 2016, c 114, §6; am L 2017, c 88, §8; am L 2023, c 153, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-132 Objection to discharge.

§334-132 Objection to discharge.
(a) If any person specified as entitled to receive notice files a written objection with the family court on the grounds that the subject of the order is a proper subject for assisted community treatment, the family court shall conduct a hearing to determine if the subject of the order still meets the criteria for assisted community treatment in section 334-121. The hearing shall be conducted as provided under section 334-134.
(b) If the family court finds that the subject of the order continues to meet the criteria for assisted community treatment in section 334-121, the family court shall order the subject to continue the treatment for the unexpired period of its earlier order.
(c) If the family court finds that the subject of the order does not meet the criteria for assisted community treatment in section 334-121, the court shall dismiss the objection and order the early discharge of the subject. [L 1984, c 251, pt of §1; am L 2013, c 221, § §18, 24; am L 2016, c 114, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-133 Petition for additional period of treatment; hearing.

§334-133 Petition for additional period of treatment; hearing.
(a) Before the expiration of the period of assisted community treatment ordered by the family court, any interested party may file, or may request the department of the attorney general to file, a petition with the family court for an order of continued assisted community treatment. The petition shall be filed, and unless the court determines the existence of a guardian, a guardian ad litem appointed, and notice provided in the same manner as under sections 334-123 and 334-125.
(b) The family court shall appoint a guardian ad litem, unless there is an existing guardian, hold a hearing on the petition, and make its decision in the same manner as provided under sections 334-123 to 334-127. The family court may order the continued assisted community treatment for no more than two years after the date of the hearing pursuant to this section if the court finds that the criteria for assisted community treatment continue to exist and are likely to continue beyond one hundred days.
(c) Nothing in this section shall preclude the subject's stipulation to the continuance of an existing order. This section shall be in addition to the provisions on the objection to discharge. [L 1984, c 251, pt of §1; am L 2013, c 221, § §19, 24; am L 2016, c 114, §6; am L 2021, c 58, §7; am L 2023, c 153, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-134 Hearing for discharge.

§334-134 Hearing for discharge.
Any person may petition the family court for the discharge of an order of assisted community treatment during the period of assisted community treatment after sixty days from the most recent hearing involving the subject of the order. The petition shall be filed, and unless the court determines the existence of a guardian, guardian ad litem appointed, notice given, hearing held, and order made in the same manner as provided for the original petition alleging that the subject of the order met the criteria for assisted community treatment. [L 1984, c 251, pt of §1; am L 2013, c 221, § §20, 24; am L 2016, c 114, §6; am L 2021, c 58, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-141 Definitions.

§334-141 Definitions.
As used in this part:
"Family member" means any individual who is a member of the immediate family of the person who is the subject of the petition, including spouse, child, parent, grandparent, or any related individual who resides in the same household as the individual who is the subject of the petition.
"Outpatient treatment" includes any substance abuse treatment provided through individual or group therapy, day or partial day programs, and intensive day treatment and which does not require the individual to reside on a twenty-four-hour basis in the facility for more than three days to benefit from the treatment program.
"Petitioner" means the family member who applies to the court for an order to require an individual to enter into an outpatient treatment program.
"Respondent" means the individual who is eighteen years of age or older who is the subject of the petition for a court order to require the individual to enter into an outpatient treatment program. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-142 Petition.

§334-142 Petition.
Any family member may petition the family court for an order requiring a respondent to enter into an outpatient treatment program for substance abuse. The petition shall be in writing under penalty of perjury and include facts relating to:
(1) The conduct of the respondent that indicates substance abuse or addiction;
(2) The respondent's history of substance abuse, treatment, and relapse;
(3) The effects of the respondent's conduct on the family;
(4) The petitioner's good faith belief that the respondent poses an imminent danger to self or to others if the respondent does not receive treatment;
(5) The availability of treatment and financial resources to pay for treatment; and
(6) Any other reason for seeking court intervention. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-143 Notice of hearing and service of petition on respondent.

§334-143 Notice of hearing and service of petition on respondent.
The court shall set a time and date for hearing on the petition, within ten days of the filing of the petition. The notice of hearing and petition shall be served on the respondent. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-144 Hearing and court order.

§334-144 Hearing and court order.
(a) The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the petitioner's expense.
(b) The court may grant the petition if it finds clear and convincing evidence that:
(1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily;
(2) The respondent has a family support system that will encourage and participate in the respondent's treatment program;
(3) The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received;
(4) The respondent or the petitioner has financial resources to pay for the outpatient treatment program;
(5) The respondent poses an imminent danger to self or to others if treatment is not received; and
(6) The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment.
(c) The court order shall be limited to ninety days of outpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-145 Treatment costs, fees, and costs for petition process.

§334-145 Treatment costs, fees, and costs for petition process.
The petitioner shall bear all fees and costs related to bringing the petition. The petitioner or respondent shall bear all costs of private treatment. Nothing in this part authorizes publicly funded substance abuse treatment. However, if the respondent is eligible to receive publicly funded treatment and such a program is available for the respondent, the court may order the treatment in such a program. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-146 Discharge.

§334-146 Discharge.
If the respondent successfully completes the outpatient treatment program and is discharged from the program prior to the end of the court-ordered treatment period, the court order shall automatically lapse. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-148 Application.

§334-148 Application.
Notwithstanding any other law to the contrary, this part shall apply to all petitions filed by family members seeking involuntary outpatient commitment of the respondent with substance abuse as the primary diagnosis. [L 2004, c 44, pt of §20]
2023 Hawaii Revised Statutes › Title 19. Health › 334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism › 334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection.

Note
Part repealed June 30, 2024. L 2017, c 111, §8.
Annual report to 2018-2024 legislature on progress in implementing the administrative process. L 2017, c 111, §5.
Departments of health and public safety to develop procedures to obtain administrative orders to overcome objections of patients subject to jurisdiction of department of public safety (repealed June 30, 2024). L 2017, c 111, §4.
§334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection.
[See Note at part heading.]
(a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is in the custody of the director and residing in a psychiatric facility may be ordered to receive treatment over the patient's objection, including the taking or application of medication, if the court, or administrative panel through the administrative authorization process established pursuant to section 334-162, finds that:
(1) The patient suffers from a physical or mental disease, disorder, or defect;
(2) The patient is imminently dangerous to self or others;
(3) The proposed treatment is medically appropriate; and
(4) After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the patient.
(b) For the purposes of this section, "imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days. [L 2017, c 111, pt of §2]