2013 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
346-241 Disposition.

Note

Part heading amended by L 2008, c 154, §1.

Cross References

Dependent elder abuse; suits by the State; civil penalties, see §28-94.

Maximum fee for appointed counsel and guardian ad litem, see §571-87.

Law Journals and Reviews

Elder Law Hawaii. 13 HBJ 85 (2009).

Holding Hawai‘i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233 (2004).

§346-241 Disposition. (a) The department shall prepare a proposed protective order and a written protective services plan and submit copies to the court and each of the parties or their counsel at least seven days prior to the disposition hearing.

(b) The proposed protective order may include any of the provisions set forth in section 346-231, and, in addition may include an order that:

(1) The person inflicting abuse on the vulnerable adult participate in counseling or therapy as the court deems appropriate;

(2) Any party report to the department any violation of the protective order or protective services plan;

(3) The department make periodic home visits to the vulnerable adult; and

(4) The department monitor compliance with the order.

(c) The proposed protective services plan shall set forth the following:

(1) Specific services or treatment to be provided to the vulnerable adult and the specific actions the parties shall take;

(2) Specific responsibilities that the parties shall assume;

(3) Period during which the services shall be provided;

(4) Dates by which the actions shall be completed;

(5) Specific consequences that may be reasonably anticipated to result from a party's failure to comply with any terms and conditions of the plan; and

(6) Steps that shall be necessary to terminate the court's jurisdiction.

(d) In preparing such a proposed protective order, the department shall seek to impose the least restrictive limitation on the freedom and liberties of the vulnerable adult. To the greatest extent possible, the vulnerable adult should be permitted to participate in decisions concerning the vulnerable adult's person, or property, or both.

(e) The court shall conduct a disposition hearing concerning the terms and conditions set forth in the proposed protective order and proposed protective services plan unless each of the appropriate parties accepts the order and plan, in which event, the court may approve the order and plan without a hearing. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §§3, 4; am L 2008, c 154, §22]