(a) The court shall conduct a hearing to consider all facts relating to the petition. The court may postpone the hearing and order the respondent to be assessed for substance abuse or addiction by a certified substance abuse counselor, at the petitioner‘s expense.
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Terms Used In Hawaii Revised Statutes 334-144

  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Outpatient treatment: includes any substance abuse treatment provided through individual or group therapy, day or partial day programs, and intensive day treatment and which does not require the individual to reside on a twenty-four-hour basis in the facility for more than three days to benefit from the treatment program. See Hawaii Revised Statutes 334-141
  • Petitioner: means the family member who applies to the court for an order to require an individual to enter into an outpatient treatment program. See Hawaii Revised Statutes 334-141
  • Respondent: means the individual who is eighteen years of age or older who is the subject of the petition for a court order to require the individual to enter into an outpatient treatment program. See Hawaii Revised Statutes 334-141
  • Treatment: means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped persons. See Hawaii Revised Statutes 334-1
(b) The court may grant the petition if it finds clear and convincing evidence that:

(1) The respondent has a history of substance abuse and refuses to enter treatment voluntarily;
(2) The respondent has a family support system that will encourage and participate in the respondent’s treatment program;
(3) The respondent can benefit from outpatient treatment and is capable of surviving safely in the community with the family support system and if outpatient treatment is received;
(4) The respondent or the petitioner has financial resources to pay for the outpatient treatment program;
(5) The respondent poses an imminent danger to self or to others if treatment is not received; and
(6) The respondent understands the nature of the proceeding and the effect of the court order to enter into outpatient treatment.
(c) The court order shall be limited to ninety days of outpatient treatment. Upon renewal of the petition, the court may extend the petition for an additional ninety days.

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