Note Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee for appointed counsel and guardian ad litem, see §571-87. Law Journals and Reviews Elder Law Hawaii. 13 HBJ, no. 13, at 85 (2009). Elder Abuse and Laws to Protect Older […]
§346-222 Definitions. For the purposes of this part: “Abuse” means any of the following, separately or in combination: (1) Physical abuse; (2) Psychological abuse; (3) Sexual abuse; (4) Financial exploitation; (5) Caregiver neglect; or (6) Self-neglect; each as further defined in this chapter. Abuse does not include, and a determination of abuse shall not be […]
§346-223 Jurisdiction; venue. The family court shall have jurisdiction over protective proceedings under this part that concern a vulnerable adult who was or is found within the judicial circuit at the time the facts and circumstances occurred, were discovered, or were reported to the department, which constitute the basis for a finding that the vulnerable […]
§346-224 Reports. (a) The following persons who, in the performance of their professional or official duties, know or have reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken shall promptly report the matter orally to the department: (1) Any licensed or registered […]
§346-225 Confidentiality of reports. A report made pursuant to this part, including the identity of the reporting person and all records of the report, shall be confidential and any person who makes an unauthorized disclosure of a report or records of a report shall be guilty of a misdemeanor. The director may adopt, amend, or […]
§346-226 Access to records. Records of a vulnerable adult shall be obtained by the department or the vulnerable adult’s court-appointed guardian ad litem with the written consent of the vulnerable adult or the vulnerable adult’s representative, or by court order. Any person who reports to the department under section 346-224, upon demand of the department, […]
§346-227 Investigation. Upon receiving a report that abuse of a vulnerable adult has occurred or is in danger of occurring if immediate action is not taken, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriate. [L 1989, c 381, pt of §1; am L 1990, […]
§346-228 Action upon investigation. Upon investigation the department shall take action to prevent abuse and shall have the authority to do any or all of the following: (1) Resolve the matter in an informal fashion as is appropriate under the circumstances; (2) Exercise its right of entry under section 346-229; (3) Seek an order for […]
§346-229 Right of entry. (a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with the department’s access to or communication with the vulnerable adult shall […]
§346-230 Termination of services. (a) The department shall act only with the consent of the vulnerable adult, unless the department obtains court authorization to provide necessary services, as provided in section 346-231. Investigation and services provided under this part shall be immediately terminated if: (1) The vulnerable adult has the capacity to consent and either […]
§346-231 Order for immediate protection. (a) If the department believes that a person is a vulnerable adult and it appears probable that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the vulnerable adult does not consent and there […]
§346-232 Order to show cause hearing. (a) When a written order for immediate protection is issued, the court shall hold a hearing on the application for immediate protection, no later than seventy-two hours after issuance of the written order, excluding any Saturday or Sunday, requiring cause to be shown why the order or orders should […]
§346-233 Petition. (a) A petition invoking the jurisdiction of the court under this part shall be entitled “In the matter of the protection of ,” and shall be verified. (b) The petition shall set forth with specificity the: (1) Reasons the person is considered to be a vulnerable adult; (2) Facts that bring the vulnerable […]
§346-234 Guardian ad litem; counsel. (a) In any case where the court has reason to believe that a vulnerable adult or any other party lacks the capacity to effectively make decisions concerning the party’s person, it may appoint a guardian ad litem to represent the interests of that party throughout the pendency of proceedings under […]
§346-235 Consolidation with guardianship proceedings. A proceeding for the appointment of a guardian or conservator under article V of chapter 560 may be consolidated with the proceedings under this part as the applicable circuit court and the family court, in the exercise of their discretion, shall permit. [L 1989, c 381, pt of §1; am […]
§346-236 Permanent changes. Permanent changes in the living situation of a vulnerable adult who has incurred abuse shall not ordinarily be made under authority of this part. If permanent changes in the living situation or nonemergency medical treatment are necessary, the appropriate guardianship, or civil commitment action shall be initiated pursuant to applicable state law. […]
§346-237 Notice of proceedings. (a) After a petition has been filed, the matter shall be set for hearing and a notice of hearing shall be issued to all parties to the proceeding. The parties to the proceeding shall include: (1) The vulnerable adult; (2) Any caregiver of the vulnerable adult; (3) A representative of the […]
§346-238 Service. (a) Service of the notice shall be made by delivery of a copy thereof together with a certified copy of the petition to each person or entity to be given notice either by personal service, by certified mail, return receipt requested and addressed to the last known address, by publication, or by other […]
§346-239 Required findings concerning postponed hearings. Except as otherwise provided, no hearing shall be delayed upon the grounds that a party other than the vulnerable adult is not present at the hearing or has not been served with a copy of the order for immediate protection or the petition, where reasonable efforts have been made […]
§346-240 Adjudicatory hearing. (a) When a petition has been filed, the court shall set a return date hearing to be held within thirty days of the filing of the petition. On the return date, the parties personally or through counsel may stipulate to the entry or continuance of the orders as the court deems to […]
