Any family member may petition the family court for an order requiring a respondent to enter into an outpatient treatment program for substance abuse. The petition shall be in writing under penalty of perjury and include facts relating to:

(1) The conduct of the respondent that indicates substance abuse or addiction;

Terms Used In Hawaii Revised Statutes 334-142

  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • Family member: means any individual who is a member of the immediate family of the person who is the subject of the petition, including spouse, child, parent, grandparent, or any related individual who resides in the same household as the individual who is the subject of the petition. 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
(2) The respondent’s history of substance abuse, treatment, and relapse;
(3) The effects of the respondent’s conduct on the family;
(4) The petitioner‘s good faith belief that the respondent poses an imminent danger to self or to others if the respondent does not receive treatment;
(5) The availability of treatment and financial resources to pay for treatment; and
(6) Any other reason for seeking court intervention.