A person may be ordered to obtain assisted community treatment if the family court finds, based on the professional opinion of a psychiatrist or advanced practice registered nurse with prescriptive authority and who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization, that:

(1) The person is mentally ill or suffering from substance abuse;

Terms Used In Hawaii Revised Statutes 334-121

  • Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
  • Dangerous to self: means the person recently has:

    (1) Threatened or attempted suicide or serious bodily harm; or

    (2) Behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, including treatment for a mental illness, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded. See Hawaii Revised Statutes 334-1

  • Imminently dangerous to self or others: means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days. See Hawaii Revised Statutes 334-1
  • Mental health: means a state of social, psychological, and physical well-being, with capacity to function effectively in a variety of social roles. See Hawaii Revised Statutes 334-1
  • 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 person is unlikely to live safely in the community without available supervision, is now in need of treatment in order to prevent a relapse or deterioration that would predictably result in the person becoming imminently dangerous to self or others, and the person’s current mental status or the nature of the person’s disorder limits or negates the person’s ability to make an informed decision to voluntarily seek or comply with recommended treatment;
(3) The person has a:

(A) Mental illness that has caused that person to refuse needed and appropriate mental health services in the community; or
(B) History of lack of adherence to treatment for mental illness or substance abuse that resulted in the person becoming dangerous to self or others and that now would predictably result in the person becoming imminently dangerous to self or others; and
(4) Considering less intrusive alternatives, assisted community treatment is essential to prevent the danger posed by the person, is medically appropriate, and is in the person’s medical interests.

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