RESOLUTION

WHEREAS, mental illness, such as schizophrenia, bi-polar disorder, obsessive compulsive disorder, and clinical depression are neurological disorders of the brain; and

WHEREAS, it is possible to recover from neurological disorders of the brain to the point of productive functionality; and

WHEREAS, part VIII of Chapter 334, Hawaii Revised Statutes, provides for involuntary outpatient treatment by court order; and

WHEREAS, chapter 334E, Hawaii Revised Statues, provides for the rights of recipients of mental health services and the Legislature remains firm in ensuring those rights and preventing abuses; and

WHEREAS, between these two extremes, the Legislature finds that those persons with neurological disorders of the brain who manage to function in daily life are being overlooked because, although they are functional enough to convince a court judge that they are not candidates for involuntary outpatient treatment, they are doing themselves harm by refusing treatment or by being victimized by their neurological disorder that leads them to make irrational decisions like refusing treatment, and are thereby preventing themselves from having fulfilling and productive lives; and

WHEREAS, it pains family members of persons with neurological disorders of the brain to witness their loved ones becoming victim to the destructiveness of alcoholism, substance abuse, malnutrition, and sleep deprivation because of their refusal of treatment, in many instances the product of their neurological disorder leading them to make irrational decisions that harm themselves; and

WHEREAS, these family members find themselves unable to force their loved ones into treatment because of their refusal and statutory rights and because of the fear of retaliatory alienation from their loved ones; and

WHEREAS, the Legislature finds that it is a matter of state concern that persons living with neurological disorders of the brain receive proper treatment that enables those persons to live productive lives; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Department of the Attorney General is requested to draft proposed legislation to amend the Involuntary Outpatient Treatment law under chapter 334, Hawaii Revised Statutes, to aid seemingly functional persons with neurological disorders of the brain who actually do need outpatient treatment but who irrationally refuse that treatment; and

BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to draft proposed legislation that:

BE IT FURTHER RESOLVED that the Attorney General is requested to submit a report of any explanatory findings, recommendations, and proposed legislation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General and the Director of Health.

Report Title:

Involuntary Outpatient Treatment; Attorney General Amendments