Haw. Code R. § 11-175-67 - Involuntary hospitalization rights

(a) When petition has been filed alleging that a person located in the county meets the criteria for commitment psychiatric facility, and in the absence of an ex parte order, the subject of such a petition has the right to refuse to submit to medical examination and the right to a hearing.

(b) Whenever an administrator of a psychiatric facility finds that an involuntary consumer no longer meets the criteria for involuntary hospitalization, within one working day the administrator shall provide the court which ordered the hospitalization notice of intent to discharge because the consumer is no longer a proper subject for commitment and, if no objection is filed within three calendar days of service, the facility shall discharge the consumer; a consumer so discharged who is determined to be clinically suitable for voluntary hospitalization or who is in need of continued hospitalization for reasons specific to placement in the community, shall be offered the opportunity to apply for voluntary hospitalization.

(c) A psychiatric facility shall ensure that involuntarily hospitalized consumers are informed that at any time after admission or after transfer to another psychiatric facility, and every six months thereafter, a consumer or anyone on the consumer's behalf may file a written request with the family court objecting to admission or continued hospitalization and that the facility administrator will assist an objecting consumer to obtain legal counsel.

Notes

Haw. Code R. § 11-175-67

[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 334-9) (Imp: HRS §§ 334-60.7; 334-81)