Hawaii § 334-60.7 - Notice of intent to discharge.

§ 334-60.7. Notice of intent to discharge.

(a) When the administrator, the administrator's deputy, or the attending physician of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2, the administrator, the administrator's deputy, or the attending physician shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator, the administrator's deputy, or the attending physician shall provide notice of the patient's admission to voluntary inpatient treatment. The following requirements and procedures shall apply: (1) The notice and a certificate of service shall be filed with the family court and served on those persons whom the order of commitment specifies as entitled to receive notice, by mail at the person's last known address. If the commitment resulted directly from legal proceedings under chapter 704 or 706, notice shall also be sent to the prosecuting attorney of the county from which the person was originally committed, by facsimile or electronically, for the sole purpose of victim notification ; and (2) Any person specified as entitled to receive notice may waive this right in writing with the psychiatric facility. (b) For civil commitments that do not result directly from legal proceedings under chapter 704 or 706, when the administrator, the administrator's deputy, or the attending physician of a psychiatric facility contemplates discharge of an involuntary patient, the administrator, the administrator's deputy, or the attending physician shall assess whether an assisted community treatment plan is indicated pursuant to section 334-123 and, if so indicated, may communicate with an aftercare provider as part of discharge planning, as appropriate. [L 1984, c 188, pt of §3; am L 1988, c 44, §2; am L 2014, c 156, §1; am L 2018, c 144, §6; am L 2025, c 219, §10] Previous Vol06_Ch0321-0344 Next