[PART X.]  DEPENDENT ADULT PROTECTIVE SERVICES

 

Note

 

  Part heading effective until June 30, 2009.  For part heading effective July 1, 2009, see below.

 

PART X.  ADULT PROTECTIVE SERVICES

 

Note

 

  Part heading effective July 1, 2009.  L 2008, c 154, §1.  For part heading effective until June 30, 2009, see above.

 

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.  [Section effective until June 30, 2009.  For section effective July 1, 2009, see below.]  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]

 

     §346-221  Purpose; construction.  [Section effective July 1, 2009.  For section effective until June 30, 2009, see above.]  The legislature recognizes that citizens of the State who are vulnerable to abuse constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exploitation.

     The legislature recognizes that it is a person's vulnerability, not necessarily 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, neglect, and exploitation.  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 citizens who may be vulnerable to abuse.

     In taking this action, the legislature intends to protect vulnerable adults and place the fewest possible restrictions on personal liberty and to permit the exercise of constitutional rights by adults consistent with protection from abuse. [L 1989, c 381, pt of §1; am L 1990, c 67, §8, c 144, §1, and c 234, §9; am L 2008, c 154, §3]