§334-125 Notice. (a) Notice of the hearing shall be:
(1) Served personally on the subject of the petition pursuant to family court rules;
(2) Served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, to as many as are known to the petitioner of the subject'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, notice of the hearing shall be served on at least one of the subject's closest adult relatives, if any can be found;
(3) Served on the guardian ad litem appointed for the subject of the petition or the subject's existing guardian, if the court determines the existence of one;
(4) Served on the attorney for the subject of the petition, if applicable; and
(5) Given to other persons as the court may designate.
(b) The notice shall include the following:
(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and possible consequences to the subject, and a statement of the legal standard upon which assisted community treatment is being considered;
(2) A copy of the petition;
(3) Notice that the subject of the petition has been assigned a guardian ad litem to represent the best interests of the subject throughout the proceeding, unless the court determined the existence of a guardian for the subject; and
(4) Notice that the subject of the petition is entitled to the assistance of an attorney, and that the subject may contact their own attorney.
(c) Notice of all subsequent hearings shall be served in accordance with subsections (a) and (b), and in accordance with all applicable family court rules relating to service of notice, including that service need not be made on parties in default for failure to appear. [L 1984, c 251, pt of §1; am L 1997, c 383, §48; am L 2013, c 221, § §11, 24; am L 2015, c 231, §3; am L 2016, c 114, §6; am L 2018, c 144, §10; am L 2021, c 58, §3]
Rules of Court
Service of process, see HFCR rule 4.
Structure Hawaii Revised Statutes
334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism
334-2.5 Contracts for facilities and services.
334-3 Functions of department in mental health.
334-3.5 Employment program for the chronically mentally ill established.
334-4 Personnel for mental health program.
334-5 Confidentiality of records.
334-6 Fees; payment of expenses for treatment services.
334-7 Donations or grants to department.
334-10 State council on mental health.
334-12 Bilingual mental health services.
334-13 Representative payee program.
334-14 Group homes for substance abusers; source of funds; disposition of receipts.
334-15 Mental health and substance abuse special fund; established.
334-16 Annual report; forensic patient data.
334-21 Licensing of psychiatric facilities.
334-23 Money belonging to patients.
334-24 Admission; discharge; civil liability.
334-59 Emergency examination and hospitalization.
334-59.5 Notice of admissions, examinations, and hospitalizations.
334-60.1 Voluntary admission for nonemergency treatment or supervision.
334-60.2 Involuntary hospitalization criteria.
334-60.3 Initiation of proceeding for involuntary hospitalization.
334-60.7 Notice of intent to discharge.
334-61 Presumption; civil rights.
334-62 Service of process and papers upon patients.
334-71 Transfer of patients between facilities.
334-74 Transfer of residents of correctional facilities.
334-76 OLD REPEALED. §334-76 Discharge from custody.
334-82 Order to show cause; guardian ad litem.
334-86 Status of patient pending hearing.
334-104 Least restrictive level of service.
334-106 License or accreditation required.
334-121 Criteria for assisted community treatment.
334-121.5 Examination for assisted community treatment indication.
334-123 Initiation of proceeding for assisted community treatment.
334-123.5 Appointment of a guardian ad litem.
334-128 Treatment costs and fees.
334-129 Failure to comply with assisted community treatment.
334-130 Period of assisted community treatment.
334-131 Notice of intent to discharge.
334-132 Objection to discharge.
334-133 Petition for additional period of treatment; hearing.
334-134 Hearing for discharge.
334-143 Notice of hearing and service of petition on respondent.
334-144 Hearing and court order.
334-145 Treatment costs, fees, and costs for petition process.