Bill Text: HI SB2740 | 2022 | Regular Session | Amended


Bill Title: Relating To Guardians Ad Litem.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-04-22 - Conference committee meeting to reconvene on 04-26-22 2:05PM; Conference Room 325. [SB2740 Detail]

Download: Hawaii-2022-SB2740-Amended.html

THE SENATE

S.B. NO.

2740

THIRTY-FIRST LEGISLATURE, 2022

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GUARDIANS AD LITEM.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that guardians ad litem have an important role in supporting persons who are being considered for involuntary hospitalization or assisted community treatment.  Persons subject to involuntary hospitalization and assisted community treatment positions are often in a vulnerable state and a guardian ad litem is there to represent their best interests.  A guardian ad litem, by attending with or on behalf of the person who is the subject of a mental health petition, will be able to decrease delays in the court's review of the petition and ensure that the person, who might be absent or otherwise unable to meaningfully participate in the proceedings, has a representative available who will act in their best interest.

     The legislature further finds that the judiciary will need to increase the number of people willing to serve as guardians ad litem and that the compensation guidelines for guardians ad litem generally may not be adequate to compensate those handling mental health petitions.  It is not the legislature's intent that the requested funds supplant the judiciary's existing funding or budget requests.

     The purpose of this Act is to:

     (1)  Allow the judiciary to compensate guardians ad litem for involuntary hospitalization and assisted community treatment petitions at a rate higher than existing statutory guidelines; and

     (2)  Ensure sufficient numbers of guardians ad litem are available for appointment in petitions concerning a person's mental health by appropriating funds to the judiciary.

     SECTION 2.  For any guardian ad litem appointed to a person who is the subject of a petition for involuntary hospitalization pursuant to section 334-60.3, Hawaii Revised Statutes, or assisted community treatment pursuant to section 334-123, Hawaii Revised Statutes, the judiciary may provide compensation greater than the guidelines specified in section 571-87, Hawaii Revised Statutes.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2022-2023 for compensation of guardians ad litem appointed to individuals who are the subject of a petition for involuntary hospitalization pursuant to section 334-60.3, Hawaii Revised Statutes, or assisted community treatment pursuant to section 334-123, Hawaii Revised Statutes, and related program costs.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  This Act shall take effect on January 1, 2222.


 


 

Report Title:

Guardian Ad Litem Program; Judiciary; Appropriation

 

Description:

Allows the judiciary to compensate guardians ad litem for involuntary hospitalization and assisted community treatment petitions at a rate higher than existing statutory guidelines.  Makes an appropriation.  Effective 1/1/2222.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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