Hawaii § 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 department of the attorney general shall assist with the preparation and filing of any petition brought pursuant to this section and with the presentation of the case at any related court proceedings; provided that, if the petitioner is a private provider or other private individual, the petitioner may decline the assistance. (c) The petition may be accompanied by a certificate of a qualified psychiatric examiner who has examined the subject of the petition in person within twenty calendar days before the filing of the petition. For purposes of the petition, an examination shall be considered valid so long as the qualified psychiatric examiner has obtained enough information from the subject of the petition and has had face-to-face contact 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 examination is necessary before treatment, the petitioner may request further examination. (d) The petition shall include the name of a proposed assisted community treatment provider and 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, surrogate, or legal guardian. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, adult child, surrogate, 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; am L 2024, c 87, §3; am L 2025, c 219, §15] Note Annual report to legislature regarding assisted community treatment. L 2013, §§21, 24; L 2015, c 231, §7; L 2016, c 114, §6; L 2024, c 87, §5. (This Note supersedes the Note in the main volume.) Previous Vol06_Ch0321-0344 Next