Initiation of proceeding for assisted community treatment
HRS §334-123
in effect334-123. 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 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 before 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.
(d) 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; am L 2024, c 87, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0334/HRS_0334-0123.htmFetched: 11/10/2026