§560:5-601 Definitions. As used in this part: “Adult” means an individual who has attained the age of eighteen years. “Court” means any duly constituted court. “Incapacitated person” means a person as defined in section 560:5-102. “Informed assent” means a process by which a ward who lacks the legal capacity to consent to sterilization is given […]
§560:5-602 Sterilization of wards. Persons who are wards and who have attained the age of eighteen years have the legal right to be sterilized when at least thirty days, but not more than one hundred eighty days, have passed following the entry of an order providing for sterilization. In no event, however, shall wards be […]
§560:5-603 Initiation of proceeding. The ward or any interested person may file a petition with the family court, in the circuit in which the ward resides, alleging that the ward meets the requirements for sterilization. [L 1986, c 81, pt of §2]
§560:5-604 Appointment of guardian ad litem. The court, upon receipt of the petition, shall appoint a guardian ad litem to represent the ward. [L 1986, c 81, pt of §2]
§560:5-605 Notice. The court shall order that the petition be served personally upon the ward, the guardian, and the guardian ad litem for the ward, and such other persons as the court may designate. [L 1986, c 81, pt of §2]
§560:5-606 REPEALED. L 2006, c 25, §5.
§560:5-606.5 Reproductive rights advisory list. The family court may maintain a resource list of advisors in the disciplines of law, medicine, theological or philosophical ethics, social work, and psychology or psychiatry with knowledge regarding the reproductive rights of incapacitated adults with disabilities. The court may seek advice and recommendations from one or more of the […]
§560:5-607 Hearing. (a) The court shall set a hearing on the petition and shall order that notice of the time and place of hearing be provided to the ward, the guardian, and the guardian ad litem for the ward and any other persons that the court may designate. (b) The ward shall be entitled to […]
§560:5-608 Criteria. (a) The ward may be sterilized if the court finds by clear and convincing evidence that the ward is functionally capable of giving and withholding informed assent to the proposed sterilization and has given informed assent to the proposed sterilization, or that the ward is functionally incapable of giving or withholding informed assent […]
§560:5-609 Appeals. Upon entry of the decree the court shall stay the effect of a decision allowing sterilization until the expiration of time within which to file an appeal pursuant to the Hawaii Rules of Civil Procedure. [L 1986, c 81, pt of §2]
§560:5-610 REPEALED. L 2006, c 25, §6.
§560:5-611 Confidentiality of and access to records. (a) All wards affected by this part shall be informed of their right to and be entitled to copies of all portions of any records relating to the sterilization or proposed sterilization. (b) All records relating to sterilization or proposed sterilization of the ward shall be confidential and […]
§560:5-612 No liability arising from sterilization; exception. No physician or hospital, nor the State or its agents, or any other person acting in accordance with this part shall be liable to anyone, either civilly or criminally, for having performed or authorized the performance of the individual sterilization, except for liability of the hospital or physician […]
