Disposition
HRS §334-127
in effect334-127. Disposition
(a) If after hearing 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 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.
The court order shall also state who should
receive notice of intent to discharge early in the event that 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 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 interested party who filed the petition, and those persons
entitled to notice pursuant to section 334-125.
(c) The family court shall also designate on
the order 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 who is to be
responsible for the management and supervision of the subject's treatment, or
shall assign an administrator of a designated mental health program to, in
turn, designate 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 during the
treatment period without court approval, and may designate either a publicly
employed 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 a private psychiatrist
or advanced practice registered nurse with prescriptive authority and who holds
an accredited national certification in an advanced practice registered nurse
psychiatric specialization; provided that the private 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 agree to the designation. The order for
assisted community treatment shall be subject to the Health Care Privacy
Harmonization Act, chapter 323B.
(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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0334/HRS_0334-0127.htmFetched: 11/10/2026