Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment

HRS §353-13.8 — under Corrections And Rehabilitation.

HRS §353-13.8

§353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment. (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on either the person's legal guardian or emergency contact listed while in the custody of the department, if such person can be located and served. Notice of the hearing shall also be served on the public defender, person's attorney, or other court-appointed attorney, as the case may be. If the person who is 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 the other persons as the court may designate.

(b) The notice required by subsection (a) shall include:

(c) If the person who is the subject of the petition executes and files a waiver of the hearing, then upon acceptance by the court following a court determination that the person understands the person's rights and is competent to waive them, the court shall order the person to be given the care or treatment as the court deems to be proper under the circumstance. [L 2011, c 72, pt of §2; am L 2016, c 35, §3]