Hawaii § 334-127 - Disposition.

§ 334-127. Disposition.

(a) If, after considering all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the subject of the petition does not meet the criteria for assisted community treatment, the family court shall dismiss the petition. Notice of the dismissal shall be provided to those persons entitled to notice pursuant to section 334-125. (b) If, after hearing all relevant evidence, including the results of any diagnostic examination ordered by the family court, the family court finds that the criteria for assisted community treatment under section 334-121(1) have been met beyond a reasonable doubt and that the criteria under section 334-121(2) to (4) have been met by clear and convincing evidence, the family court shall order the subject to obtain assisted community treatment for a period of no more than two years. The written treatment plan submitted pursuant to section 334-126(g) shall be attached to the order and made a part of the order. If the family court finds by clear and convincing evidence that the beneficial mental and physical effects of recommended medication outweigh the detrimental mental and physical effects, if any, the order may authorize types or classes of medication to be included in treatment at the discretion of the assisted community treatment provider. The court order shall state who should receive notice of intent to discharge early in the event that the assisted community treatment provider determines, before the end of the court ordered period of treatment, that the subject should be discharged early from assisted community treatment. Notice of the order shall be provided to the director, the petitioner, and those persons entitled to notice pursuant to section 334-125. (c) The family court shall also designate on the order the assisted community treatment provider. (d) 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, §§13, 24; am L 2016, c 114, §§3, 6; am L 2017, c 88, §6; am L 2018, c 144, §12; am L 2019, c 129, §6; am L 2021, c 58, §5; am L 2023, c 153, §4; am L 2025, c 219, §19] Previous Vol06_Ch0321-0344 Next