§334-60.5  Hearing on petition.  (a) The court may adjourn or continue a hearing for failure to timely notify aspouse or reciprocal beneficiary, guardian, relative, or other persondetermined by the court to be entitled to notice, or for failure by the subjectto contact an attorney as provided in section 334-60.4(b)(7) if the courtdetermines the interests of justice so require.

(b)  The time and form of the procedureincident to hearing the issues in the petition shall be provided by courtrule.  Unless the hearing is waived, the judge shall hear the petition as soonas possible and no later than ten days after the date the petition is filedunless a reasonable delay is sought for good cause shown by the subject of thepetition, the subject’s attorney, or those persons entitled to receive noticeof the hearing under section 334-60.4.

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

(d)  Hearings may be held at any convenientplace 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 becauseof convenience to the parties, witnesses, or the court or because of the individual’smental or physical condition.

(e)  The attorney general, the attorneygeneral’s deputy, special deputy, or appointee shall present the case forhearings convened under this chapter, except that the attorney general, theattorney general’s deputy, special deputy, or appointee need not participate inor be present at a hearing whenever a petitioner or some other appropriateperson has retained private counsel who will be present in court and willpresent to the court the case for involuntary hospitalization.

(f)  Counsel for the subject of the petitionshall be allowed adequate time for investigation of the matters at issue andfor preparation, and shall be permitted to present the evidence that thecounsel believes necessary to a proper disposition of the proceedings,including evidence as to alternatives to inpatient hospitalization.

(g)  No individual may be found to requiretreatment in a psychiatric facility unless at least one physician orpsychologist who has personally examined the individual testifies in person atthe hearing.  This testimony may be waived by the subject of the petition.  Ifthe subject of the petition has refused to be examined by a licensed physicianor psychologist, the subject may be examined by a court-appointed licensedphysician or psychologist.  If the subject refuses and there is sufficientevidence to believe that the allegations of the petition are true, the courtmay make a temporary order committing the subject to a psychiatric facility fora period of not more than five days for the purpose of a diagnostic examinationand evaluation.  The subject’s refusal shall be treated as a denial that thesubject is mentally ill or suffering from substance abuse.  Nothing in thissection, however, shall limit the individual’s privilege againstself-incrimination.

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

(i)  If after hearing all relevant evidence,including the result of any diagnostic examination ordered by the court, thecourt finds that an individual is not a person requiring medical, psychiatric,psychological, or other rehabilitative treatment or supervision, the courtshall order that the individual be discharged if the individual has beenhospitalized prior to the hearing.  If the court finds that the criteria forinvoluntary hospitalization under section 334-60.2(1) has been met beyond areasonable doubt and that the criteria under sections 334-60.2(2) and334-60.2(3) have been met by clear and convincing evidence, the court may issuean order to any police officer to deliver the subject to a facility that hasagreed to admit the subject as an involuntary patient, or if the subject is alreadya patient in a psychiatric facility, authorize the facility to retain thepatient for treatment for a period of ninety days unless sooner discharged.  Anorder of commitment shall specify which of those persons served with noticepursuant to section 334-60.4, together with such other persons as the court maydesignate, shall be entitled to receive any subsequent notice of intent todischarge, transfer, or recommit.

(j)  The court may find that the subject of thepetition is an incapacitated or protected person, or both, under article V ofchapter 560, and may appoint a guardian or conservator, or both, for thesubject under the terms and conditions as the court shall determine. [L 1984, c188, pt of §3; am L 1985, c 220, §1; gen ch 1985; am L 1994, c 58, §3; am L1997, c 383, §47; am L 2004, c 161, §8]

 

Rules of Court

 

  Applicability of Hawaii Rules of Civil Procedure, see HRCPrule 81(b).