Civil Commitment for Substance Abuse

HRS div. 1, tit. 19, ch. 334, pt. IX

in effect

HRS §334-141 Definitions

334-141. Definitions As used in this part: "Family member" means any individual who is a member of the immediate family of the person who is the subject of the petition, including spouse, child, parent, grandparent, or any related individual who resides in the same household as the individual who is the subject of the petition. "Outpatient treatment" includes any substance abuse treatment provided through individual or group therapy, day or partial day programs, and intensive day treatment and which does not require the individual to reside on a twenty-four-hour basis in the facility for more than three days to benefit from the treatment program. "Petitioner" means the family member who applies to the court for an order to require an individual to enter into an outpatient treatment program. "Respondent" means the individual who is eighteen years of age or older who is the subject of the petition for a court order to require the individual to enter into an outpatient treatment program. [L 2004, c 44, pt of §20]

HRS §334-142 Petition

334-142. Petition Any family member may petition the family court for an order requiring a respondent to enter into an outpatient treatment program for substance abuse. The petition shall be in writing under penalty of perjury and include facts relating to: (1) The conduct of the respondent that indicates substance abuse or addiction; (2) The respondent's history of substance abuse, treatment, and relapse; (3) The effects of the respondent's conduct on the family; (4) The petitioner's good faith belief that the respondent poses an imminent danger to self or to others if the respondent does not receive treatment; (5) The availability of treatment and financial resources to pay for treatment; and (6) Any other reason for seeking court intervention. [L 2004, c 44, pt of §20]

HRS §334-143 Notice of hearing and service of petition on respondent

334-143. Notice of hearing and service of petition on respondent The court shall set a time and date for hearing on the petition, within ten days of the filing of the petition. The notice of hearing and petition shall be served on the respondent. L 2004, c 44, pt of §20

HRS §334-144 Hearing and court order

334-144. Hearing and court order (a) The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the petitioner's expense. (b) The court may grant the petition if it finds clear and convincing evidence that: (1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily; (2) The respondent has a family support system that will encourage and participate in the respondent's treatment program; (3) The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received; (4) The respondent or the petitioner has financial resources to pay for the outpatient treatment program; (5) The respondent poses an imminent danger to self or to others if treatment is not received; and (6) The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment. (c) The court order shall be limited to ninety days of outpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days. [L 2004, c 44, pt of §20]

HRS §334-145 Treatment costs, fees, and costs for petition process

334-145. Treatment costs, fees, and costs for petition process The petitioner shall bear all fees and costs related to bringing the petition. The petitioner or respondent shall bear all costs of private treatment. Nothing in this part authorizes publicly funded substance abuse treatment. However, if the respondent is eligible to receive publicly funded treatment and such a program is available for the respondent, the court may order the treatment in such a program. [L 2004, c 44, pt of §20]

HRS §334-147 Failure to comply with court order

334-147. Failure to comply with court order The court may impose sanctions for violation of the court order. L 2004, c 44, pt of §20

HRS §334-148 Application

334-148. Application Notwithstanding any other law to the contrary, this part shall apply to all petitions filed by family members seeking involuntary outpatient commitment of the respondent with substance abuse as the primary diagnosis. L 2004, c 44, pt of §20

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0334/HRS_0334-.htmFetched: 11/10/2026