§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]
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.