[PART X.]  DEPENDENT ADULT PROTECTIVE SERVICES

 

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

 

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

 

     [§346-221]  Purpose; construction.  The legislature recognizes that citizens of the State who are elder and mentally or physically impaired constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exploitation.

     The legislature also recognizes that it is a person's dependency status, not age, which is often encountered in cases of abuse, neglect, and exploitation.  While advanced age alone is not sufficient reason to intervene in a person's life, the legislature finds that many elders have become subjects of abuse and neglect.  Substantial public interest exists to ensure that this segment of the population receives protection.

     The legislature declares that the State shall develop and promote community services for the economic, social, and personal well-being and protection of its elder citizens who are mentally or physically impaired.

     In taking this action, the legislature intends to place the fewest possible restrictions on personal liberty and to permit the exercise of constitutional rights by adults consistent with protection from abuse, neglect, and exploitation. [L 1989, c 381, pt of §1; am L 1990, c 67, §8, c 144, §1, and c 234, §9]