Hawaii Revised Statutes 346-242 Review Hearings.

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).

Holding Hawai‘i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233 (2004).

§346-242 Review hearings. Except for good cause shown, the court shall set each case for a review hearing not later than six months after the date that a protective order and protective services plan are ordered by the court. Thereafter, the court shall review the matter at intervals of not longer than six months until the court's jurisdiction has been terminated. The department and the guardian ad litem, if any, shall submit a written report, with copies to the parties or their counsel, at least fifteen days prior to the date set for each review. The report shall evaluate whether the parties have complied with the terms and conditions of the protective order and protective services plan; shall recommend any modification to the order or plan; and shall recommend whether the court shall retain jurisdiction or terminate the case. At each review, the court shall determine whether the parties have complied with the terms and conditions of the order and plan; enforce sanctions for noncompliance as may be appropriate; and order revisions to the existing order or plan as are in the best interests of the vulnerable adult. At each review, the court shall make an express finding as to whether it shall retain jurisdiction or terminate the case, and, in each instance, shall state the basis for its action. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §5; am L 2008, c 154, §23]

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Last modified: October 27, 2016