THE SENATE

S.B. NO.

961

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to mental health treatment.

 

 

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

 


SECTION 1. Section 334-123, Hawaii Revised Statutes, is amended to read as follows:

"334-123 Initiation of proceeding for assisted community treatment. (a) Any interested party may file a petition with the family court alleging that another person meets the criteria for assisted community treatment. The petition shall state:

(1) Each of the criteria numbered (1) through (7) for assisted community treatment, as set out in section 334-121;

(2) Petitioner's good faith belief that the subject of the petition meets each of the criteria numbered (1) through (7) 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 (7) set forth in section 334-121; and

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

The hearing on the petition need not be limited to the facts stated in the petition. The petition shall be executed subject to the penalties of perjury.

(b) The petition may be accompanied by a certificate of a licensed psychiatrist who has examined the subject of the petition [at any time] no longer than twenty calendar days prior to the [submission] filing 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.]"

SECTION 2. Section 334-124, Hawaii Revised Statutes, is amended to read as follows:

"334-124 Hearing date. The family court shall set a hearing date on a petition as soon as possible[, but within ten days after filing of the petition]."

SECTION 3. Section 334-125, Hawaii Revised Statutes, is amended to read as follows:

"334-125 Notice. (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.

(c) Notice of all subsequent hearings to include a continuance of the first hearing shall be served in accordance with subsections (a) and (b) except that service upon the public defender in accordance with subsection (a)(3) is accepted as service on the subject of the petition."

SECTION 4. Section 334-126, Hawaii Revised Statutes, is amended to read as follows:

"334-126 Hearing on petition. (a) The court may adjourn or continue a hearing for failure to timely notify a person entitled to be notified.

(b) The time and form of the procedure incident to hearing the issues in the petition shall be provided by family court rule and consistent with this part.

(c) Hearings may be held at any convenient place within the circuit. The subject of the petition, any interested party, or the family court upon its own motion may request a hearing in another court because of inconvenience to the parties, witnesses, or the family court or because of the subject's physical or mental condition.

(d) The hearing shall be closed to the public, unless the subject of the petition requests otherwise.

(e) The subject of the petition shall be present at the hearing. However, if the subject has been served with the petition and does not appear at the hearing, the court[, in its discretion, may go forward with the hearing.] shall appoint a guardian ad litem to represent the best interests of the subject through the proceedings.

[(f) The subject of the petition need not, but may, be represented by an attorney. If the subject desires an attorney and is indigent, or if the family court determines that the legal or factual issues raised are of such complexity that the assistance of an attorney is necessary for an adequate presentation of the merits or that the subject of the petition is unable to speak for the subject's self, the family court shall order the appointment of a public defender or other attorney to represent the subject and continue the hearing for not more than seven days.]

(g) If the subject of the petition is represented by an attorney, the attorney 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 attorney believes necessary for a proper disposition of the proceeding.

(h) No subject of the petition shall be ordered to receive assisted community treatment unless at least one psychiatrist testifies in person at the hearing who has personally assessed the subject [within the time period commencing ten calendar days before the filing of the petition and ending at the time of the psychiatrist's testimony]. The psychiatrist's testimony shall state the facts which support the allegation that the subject meets all the criteria for assisted community treatment, provide a written treatment plan, which shall include non-mental health treatment if appropriate, provide the rationale for the recommended treatment, and identify the designated mental health program responsible for the coordination of care.

If the recommended assisted community treatment includes medication, the psychiatrist's testimony shall describe the types or classes of medication which should be authorized, and describe the physical and mental beneficial and detrimental effects of such medication.

[If the subject of the petition has refused to be examined by a licensed psychiatrist, the family court may request the subject to consent to examination by a psychiatrist appointed by the court or employed at a community mental health center. If the subject of the petition does not consent and the family court finds sufficient evidence to believe that the allegations in the petition are true, the family court may order the commitment of the subject to a psychiatric facility for examination. The commitment shall not be for more than forty-eight hours. The examining psychiatrist shall submit the findings and recommendations to the family court in the form of a written treatment plan.

The subject of the petition's refusal to submit voluntarily to examination shall be treated as a denial that the subject is mentally ill or suffering from substance abuse, and a denial that the subject otherwise fits within the criteria for a court order of assisted community treatment.

Nothing herein shall be construed in a way that limits the subject of the petition's privilege against self-incrimination.]

(i) The subject of the petition may secure a psychiatric examination and present the findings as evidence at the hearing. The subject shall be entitled to a psychiatric examination at a community mental health center if the subject so desires, and if an examination has not already been conducted at a community mental health center which will lead to psychiatric testimony at the hearing."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that the amendments made to sections 334-123, 334-125, and 334-126, Hawaii Revised Statutes, by this Act shall not be repealed when those sections are reenacted on July 1, 2020, pursuant to section 24, Act 221, Session Laws of Hawaii 2013.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 


 


 

Report Title:

Mental Health; Assisted Community Treatment

 

Description:

Removes the ten day time limit for setting a hearing date on a petition for assisted community treatment. Allows for notice of continuation hearings to the subject to be served via the public defender. Requires the court to appoint a guardian ad litem when the subject of a petition for assisted community treatment fails to appear at a hearing. Removes provisions governing the appointment of a public defender. Removes provisions allowing the court to order a subject to be examined by a licensed physician.

 

 

 

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