§334-60.5 - Hearing on petition.
§334-60.5 Hearing on petition. (a)Â
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 334-60.4(b)(7) if the court
determines the interests of justice so require.
(b)Â 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 334-60.4.
(c)Â 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 which 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)Â 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)Â 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 hospitalization.
(f)Â 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,
including evidence as to alternatives to inpatient hospitalization.
(g)Â No individual may be found to require
treatment in a psychiatric facility unless at least one physician or
psychologist 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
or psychologist, the subject may be examined by a court-appointed licensed
physician or psychologist. 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 committing the subject to a psychiatric facility for
a period of not more than five days for the purpose of a diagnostic examination
and evaluation. The subject’s refusal shall be treated as a denial that the
subject is mentally ill or suffering from substance abuse. Nothing in this
section, however, shall limit the individual’s privilege against
self-incrimination.
(h)Â The subject of the petition in a hearing
under this section has the right to secure an independent medical or
psychological evaluation and present evidence thereon.
(i)Â 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, psychiatric,
psychological, or other rehabilitative treatment or supervision, the court
shall order that the individual be discharged if the individual has been
hospitalized prior to the hearing. If the court finds that the criteria for
involuntary hospitalization under section 334-60.2(1) has been met beyond a
reasonable doubt and that the criteria under sections 334-60.2(2) and
334-60.2(3) have been met by clear and convincing evidence, the court may issue
an order to any police officer to deliver the subject to a facility that has
agreed to admit the subject as an involuntary patient, or if the subject is already
a patient in a psychiatric facility, authorize the facility to retain the
patient for treatment for a period of ninety days unless sooner discharged. An
order of commitment shall specify which of those persons served with notice
pursuant to section 334-60.4, together with such other persons as the court may
designate, shall be entitled to receive any subsequent notice of intent to
discharge, transfer, or recommit.
(j)Â 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 or conservator, or both, for the
subject under the terms and conditions as the court shall determine. [L 1984, c
188, pt of §3; am L 1985, c 220, §1; gen ch 1985; am L 1994, c 58, §3; am L
1997, c 383, §47; am L 2004, c 161, §8]
Rules of Court
 Applicability of Hawaii Rules of Civil Procedure, see HRCP
rule 81(b).