§334-60.7 - Notice of intent to discharge. - Hawaii Statutes

     §334-60.7  Notice of intent to discharge.  When the administrator of a psychiatric facility contemplates discharge of an involuntary patient because of expiration of the court order for commitment or because the patient is no longer a proper subject for commitment, as determined by the criteria for involuntary hospitalization in section 334-60.2 the administrator shall provide notice of intent to discharge, or if the patient voluntarily agrees to further hospitalization, the administrator shall provide notice of the patient’s admission to voluntary inpatient treatment.  The notice shall be filed with the court and served personally or by certified mail on those persons whom the order of commitment specifies as entitled to receive notice.  If no objection is filed within three days of service, the administrator of the psychiatric facility shall discharge or accept the patient for voluntary inpatient treatment.  If any person specified as entitled to receive notice files a written objection to discharge or to the patient’s admission to voluntary inpatient treatment on the grounds that the patient is a proper subject for commitment, the court shall conduct a hearing to determine if the patient still meets the criteria for involuntary hospitalization in section 334-60.2.  If the court finds that the patient does not meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order of discharge from the commitment.  If the court finds that the patient does meet the criteria for involuntary hospitalization in section 334-60.2, the court shall issue an order denying discharge from the commitment. [L 1984, c 188, pt of §3; am L 1988, c 44, §2]