Report Title:

Involuntary Admission to Drug Treatment Program

Description:

Provides procedures for family members to petition the court for involuntary admission of a minor or adult family member to a drug treatment program.

HOUSE OF REPRESENTATIVES

H.B. NO.

1962

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to substance abuse treatment.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 334, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

"§334-A Involuntary admission to drug treatment program; criteria. A person may be involuntarily admitted to a drug treatment program if the court finds that the person:

(1) Is suffering from substance abuse;

(2) Poses a danger to oneself or to others in the person's family; and

(3) Is in need of drug treatment.

§334-B Petition for involuntary admission to drug treatment program. Any member of a family may petition the family court alleging that a family member, whether a minor or an adult, meets the criteria for involuntary admission to a drug treatment program under section 334-A. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition shall be accompanied by a certificate of the licensed physician who has examined the person within two days before submission of the petition, affirming that the person meets the criteria for involuntary admission to a drug treatment program under section 334-A. If the person whose involuntary admission to a drug treatment program is sought has refused to submit to a medical examination, the fact of refusal shall be stated in the petition. The certificate shall set forth the signs and symptoms relied upon by the examining physician to determine the person is in need of drug treatment. If the petitioner believes that further evaluation is necessary before involuntary admission, the petitioner may request further evaluation.

§334-C Notice, waiver of notice; hearing on petition; waiver of hearing on petition for involuntary admission to a drug treatment program. (a) The family court shall set a hearing on the petition and notice of the time and place of the hearing shall be served personally on the subject of the petition and served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on the subject's spouse or reciprocal beneficiary, legal parents, adult children, or legal guardian, if one has been appointed. If the subject of the petition has no living spouse or reciprocal beneficiary, legal parent, or adult children, or if none can be found, notice of the hearing shall be served on at least one of the subject's closest adult relatives if any can be found. Notice of the hearing shall also be served on the public defender, attorney for the subject of the petition, or other court-appointed attorney as the case may be. If the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition if that person can be found within the State. Notice shall also be given to any other persons that 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 of possible consequences to the subject, and a statement of the legal standard upon which involuntary admission to a drug treatment program is authorized;

(2) A copy of the petition;

(3) A written notice, in plain and simple language, that the subject may waive the hearing by voluntarily agreeing to admission to a drug treatment program;

(4) A filled-out form indicating the waiver;

(5) A written notice, in plain and simple language, that the subject or the subject's guardian or representative may apply at any time for a hearing on the issue of the subject's need for admission to a drug treatment program, if the subject has previously waived a hearing;

(6) Notice that the subject is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;

(7) Notice that, if the subject does not want to be represented by the public defender, the subject may contact the subject's own attorney;

(8) Notice, if the petitioner intends to adduce evidence to show that the subject of the petition is an incapacitated or protected person, or both, under article V of chapter 560, and whether appointment of a guardian of the person is sought at the hearing. If appointment of a guardian of the person is to be recommended, and a nominee is known at the time the petition is filed, the identity of the nominee shall be disclosed.

(c) If the subject executes and files a waiver of the hearing, upon acceptance by the court following a court determination that the subject understands the subject's rights and is competent to waive them, the court shall order the subject to be admitted to a drug treatment program that has agreed to admit the subject as an involuntary patient, or if the subject has already been admitted to the program, that the subject be retained in the program.

§334-D Hearing on petition. (a) The court may adjourn or continue a hearing for failure to timely notify a spouse or reciprocal beneficiary, guardian, relative, or other person determined by the court to be entitled to notice, or for failure by the subject to contact an attorney, as provided in section 334-C(b)(7), if the court determines the interests of justice so require.

(b) The time and form of the procedure incident to hearing the issues in the petition shall be provided by court rule. Unless the hearing is waived, the judge shall hear the petition as soon as possible and no later than ten days after the date the petition is filed, unless a reasonable delay is sought for good cause shown by the subject of the petition, the subject's attorney, or those persons entitled to receive notice of the hearing under section 334-C.

(c) The subject of the petition shall be present at all hearings, unless the subject waives the right to be present, is unable to attend, or creates conditions that make it impossible to conduct the hearing in a reasonable manner as determined by the judge. A waiver is valid only upon acceptance by the court following a judicial determination that the subject understands the subject's rights and is competent to waive them or is unable to participate. If the subject is unable to participate, the judge shall appoint a guardian ad litem or a temporary guardian as provided in article V of chapter 560, to represent the subject throughout the proceedings.

(d) Hearings may be held at any convenient place within the circuit. The subject of the petition, any interested person, or the court on its own motion may request a hearing in another circuit because of convenience to the parties, witnesses, or the court or because of the individual's mental or physical condition.

(e) The attorney general, the attorney general's deputy, special deputy, or appointee shall present the case for hearings convened under this chapter, except that the attorney general, the attorney general's deputy, special deputy, or appointee need not participate in or be present at a hearing whenever a petitioner or some other appropriate person has retained private counsel who will be present in court and will present to the court the case for involuntary admission to a drug treatment program.

(f) Counsel for the subject of the petition shall be allowed adequate time for investigation of the matters at issue and for preparation and shall be permitted to present the evidence that the counsel believes necessary to a proper disposition of the proceedings.

(g) No individual may be found to require treatment in a drug treatment program unless at least one physician who has personally examined the individual testifies in person at the hearing. This testimony may be waived by the subject of the petition. If the subject of the petition has refused to be examined by a licensed physician, the subject may be examined by a court-appointed licensed physician. If the subject refuses and there is sufficient evidence to believe that the allegations of the petition are true, the court may make a temporary order compelling the subject to be diagnostically examined and evaluated by a licensed physician. The subject's refusal shall be treated as a denial that the subject is suffering from substance abuse. Nothing in this section, however, shall limit the individual's privilege against self-incrimination.

(h) The subject of the petition in a hearing under this section has the right to secure an independent medical evaluation and present evidence thereon.

(i) If after hearing all relevant evidence, including the result of any diagnostic examination ordered by the court, the court finds that an individual is not a person requiring medical or other rehabilitative treatment or supervision, the court shall order that the individual be released if the individual has been admitted to a drug treatment program prior to the hearing. If the court finds that the criteria for involuntary admission to a drug treatment program under section 334-A(1) has been met beyond a reasonable doubt and that the criteria under section 334-A(2) and (3) have been met by clear and convincing evidence, the court may:

(1) Issue an order to any police officer to deliver the subject to any drug treatment facility that has agreed to admit the subject as an involuntary patient in its treatment program; or

(2) If the subject is already a patient, authorize the treatment program to retain the patient for treatment for a period of ninety days unless sooner discharged.

An order of involuntary admission to a drug treatment program shall specify which of those persons served with notice pursuant to section 334-C, together with any other persons that the court may designate, shall be entitled to receive any subsequent notice of intent to discharge, transfer, or readmit to a drug treatment program.

(j) The court may find that the subject of the petition is an incapacitated or protected person, or both, under article V of chapter 560, and may appoint a guardian of the person, or property, or both, for the subject under the terms and conditions as the court shall determine.

§334-E Notice of intent to discharge. When the administrator of a drug treatment program contemplates discharge of an involuntary patient because of expiration of the court order for involuntary admission to the drug treatment program, or because the patient is no longer a proper subject for treatment, as determined by the criteria for involuntary admission to a drug treatment program in section 334-A, the administrator shall provide notice of intent to discharge, or if the patient voluntarily agrees to further treatment, the administrator shall provide notice of the patient's admission to voluntary treatment. The notice shall be filed with the court and served personally or by certified mail on those persons whom the order of involuntary admission to a drug treatment program specifies as entitled to receive notice. If no objection is filed within three days of service, the administrator of the drug treatment program shall discharge or accept the patient for voluntary treatment. If any person specified as entitled to receive notice files a written objection to discharge or to the patient's admission to voluntary treatment on the grounds that the patient is a proper subject for involuntary admission, the court shall conduct a hearing to determine if the patient still meets the criteria for involuntary admission in section 334-A. If the court finds that the patient does not meet the criteria for involuntary admission to a drug treatment program in section 334-A, the court shall issue an order of discharge from the involuntary drug treatment program. If the court finds that the patient does meet the criteria for involuntary admission to a drug treatment program in section 334-A, the court shall issue an order denying discharge from the drug treatment program."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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