2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism
§334-123 Petition.

§334-123 Petition. (a) Any person may file a petition with the family court alleging that another person meets the criteria for involuntary outpatient treatment. The petition shall state:

(1) Each of the criteria numbered (1) through (6) for involuntary outpatient treatment, as set out in section 334-121;

(2) Petitioner s good faith belief that the subject of the petition meets each of criteria numbered (1) through (4) set forth in section 334-121;

(3) Facts which support petitioner s good faith belief that the subject of the petition meets each of the criteria numbered (1) through (4) set forth in section 334-121, provided that the hearing on the petition need not be limited to the stated facts; and

(4) That the subject of the petition is present within the county where the petition is filed.

The petition shall be executed subject to the penalties of perjury. The petition need not express any belief, or state any supporting facts, with reference to the criteria set forth in section 334-121(5) and (6), but all six criteria will be addressed at the hearing.

(b) The petition may, but need not, be accompanied by any statement of a licensed psychiatrist or other mental health professional who has examined the subject of the petition at any time prior to the submission of the petition.

(c) If the subject of the petition has refused to submit to examination by a licensed psychiatrist, the fact of the refusal shall be alleged in the petition. [L 1984, c 251, pt of §1; am L 1986, c 339, §44]