2013 Hawaii Revised Statutes
TITLE 19. HEALTH
334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism
334-125 Notice.

Note

Part heading effective until December 31, 2013. For part heading effective January 1, 2014, see below.

PART VIII. ASSISTED COMMUNITY TREATMENT

Note

The part heading was amended by L 2013, c 221, §2, effective January 1, 2014, and subject to repeal and reenactment on July 1, 2020. L 2013, c 221, §24. For part heading effective until December 31, 2013, see above.

Cross References

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

§334-125 Notice. [Section effective until December 31, 2014. For section effective January 1, 2014, see below.] (a) Notice of the hearing shall be:

(1) Served personally on the subject of the petition pursuant to family court rules; and

(2) Delivered personally or mailed by certified or registered mail, return receipt requested, deliverable to 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. Petitioner shall certify that such notices have been mailed, and to whom, but proof of receipt of such notices is not required. Notice shall also be served on any other person that the court designates.

(b) The notice shall include the following:

(1) The date, time, place of hearing, a clear statement of the purpose of the hearing and possible consequences to the subject, and a statement of the legal standard upon which involuntary outpatient treatment is authorized;

(2) A copy of the petition; and

(3) Notice that the subject of the petition is entitled to be represented by an attorney, and that the court will appoint a public defender or other attorney for the subject if the subject desires one and is indigent.

(c) The family court may continue a hearing for failure to timely notify a person entitled to be notified.

§334-125 Notice. [Section effective January 1, 2014. Repeal and reenactment on July 1, 2020. L 2013, c 221, §24. For section effective until December 31, 2013, see above.] (a) Notice of the hearing shall be:

(1) Served personally on the subject of the petition pursuant to family court rules; and

(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;

(3) Served on the public defender, attorney for the subject of the petition, or other court-appointed attorney as applicable; and

(4) Given to such 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 is entitled to the assistance of an attorney, and that the public defender has been notified of these proceedings; and

(4) Notice that if the subject does not want to be represented by the public defender, the subject may contact the subject's own attorney. [L 1984, c 251, pt of §1; am L 1997, c 383, §48; am L 2013, c 221, §11]

Rules of Court

Service of process, see HFCR rule 4.