§334-62 Service of process and papers upon patients. (a) Service of process and papers upon a patient in a psychiatric facility or a patient on authorized or unauthorized absence from a psychiatric facility shall be made in the following manner:
(1) Service of process and papers relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient and shall also be made personally or by certified mail upon the patient €™s guardians and the public defender, the patient €™s attorney or court-appointed attorney; otherwise, service upon the patient shall be incomplete. A copy of the legal process or paper served on a patient under this paragraph shall be given to the administrator of the psychiatric facility or the administrator €™s deputy and shall be filed with the records of the patient.
(2) Service of process and papers not relating to the involuntary hospitalization of the patient shall be made directly and personally upon the patient, the patient €™s guardians, and the administrator of the psychiatric facility or the administrator €™s deputy; otherwise, service upon the patient shall be incomplete and shall not give the issuing court or agency jurisdiction over the person of the patient. A legal process or paper served under this paragraph shall be filed with the records of the patient, and the administrator of the psychiatric facility or the administrator €™s deputy shall immediately inform the court or other agency out of which the process or paper issued, in writing, of the date of service and of the mental and physical condition of the patient.
(b) Neither the administrator nor anyone connected with a psychiatric facility shall accept service of process or papers on behalf of a patient. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of §3; gen ch 1985]
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.