Haw. Rev. Stat. § 350-2.5 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-2.5
Central registry; expungement.
Status: in_force

(a) The department shall maintain a central registry of reported child abuse or neglect cases. When the department confirms a report by a preponderance of the evidence that a person is the perpetrator of child abuse or neglect, harm, or threatened harm, the person's name shall be included in the central registry.

(b) The department shall promptly expunge a person's name from the central registry if:

(1) The report is determined not confirmed by the department, including after administrative proceedings conducted pursuant to chapter 91; provided that in an administrative appeal hearing, the department shall have the burden of proving by a preponderance of the evidence that the confirmation was correct; or

(2) The family court determines that the report is not confirmed after:

(A) A petition arising from the report filed pursuant to section 587A-12 has been dismissed by order of the family court because the court did not find sufficient evidence based upon a preponderance of the evidence to assume jurisdiction pursuant to section 587A-5; or

(B) A written report with the disposition is submitted to the family court pursuant to a referral under section 586-10.5, and the family court finds that the facts supporting the confirmation were not proven by a preponderance of the evidence.

The family court shall retain exclusive jurisdiction for purposes of determining that a report was correctly confirmed under this paragraph as long as the family court matter is pending. The person whose name is included in the central registry shall not request an administrative appeal hearing to contest the confirmation unless the family court dismisses or closes the related matter without making findings as to the facts supporting the confirmation.

(c) A person who has been confirmed as the perpetrator of abuse or neglect, harm, or threatened harm, whose name has not been expunged from the central registry pursuant to subsection (b), may submit a request for expungement to the department; provided that:

(1) The confirmation is more than five years old;

(2) The record does not involve aggravated circumstances or conduct described in paragraph (1)(B) of the definition of child abuse or neglect in section 350-1; and

(3) There are no other reports of abuse or neglect subsequent to the confirmation.

Requests submitted that do not meet these minimum requirements shall be denied.

(d) A person seeking to have the person's own name expunged pursuant to subsection (c) shall submit a request for expungement to the department on a form prescribed by the department. The request for expungement shall be reviewed in accordance with rules adopted by the department pursuant to chapter 91 that shall consider, at minimum, the following criteria:

(1) Length of time since the report was confirmed;

(2) Severity of the abuse or neglect, harm, or threatened harm;

(3) Age of the child at the time of the report;

(4) Age of the confirmed perpetrator at the time of the report;

(5) Evidence of the confirmed perpetrator's rehabilitation; and

(6) Any other relevant information received and deemed credible by the department.

(e) Upon review of a request for expungement, the department may grant the request for expungement based on a finding of good cause shown that the expungement would serve the interests of justice. A person whose request for expungement is denied shall not submit another request for expungement for a period of five years from the date of the denial or five years from the date the denial is affirmed on appeal, whichever is later.

(f) Notwithstanding any other provision of law to the contrary, the department may review reports on its own action and, in its discretion, may expunge a person's name from the central registry based on criteria established in rules adopted pursuant to chapter 91.

(g) Records and information contained in a report for which a person's name is expunged from the central registry shall be retained by the department solely for future risk and safety assessment purposes. [L 2024, c 147, §2]
Haw. Rev. Stat. § 346-388 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-388
[ §346-388] Duties and responsibilities.
Status: in_force

[ §346-388] Duties and responsibilities. The office shall:

(1) Identify and address gaps in the homeless service system by:

(A) Developing a standard strategy for coordinated entry, needs assessment, and allocation of services and housing types to create pathways to permanent assisted and independent housing;

(B) Working with state departments and agencies to develop and maintain multi-year strategic and tactical plans and road maps as a part of the Hawaii interagency council on homelessness' unified ten-year statewide plan;

(C) Coordinating matters relating to homelessness and affordable housing between state and county agencies and private entities; and

(D) Developing and testing innovative solutions to prevent and end homelessness through collaboration with appropriate agencies;

(2) Provide administrative support for the Hawaii interagency council on homelessness in developing the council's unified ten-year statewide plan to address homelessness in all counties of the State; and

(3) Establish and maintain a statewide homelessness and housing data clearinghouse, which may include information on persons experiencing homelessness and available services, shelters, and housing. [L 2022, c 252, pt of §2]
Haw. Rev. Stat. § 350-1.6 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.6
[ §350-1.
Status: in_force

[ §350-1.6] Disclosure of records. (a) The department shall disclose to resource parents and the foster child's principal treating physician copies of the foster child's complete medical records in the department's physical custody and relevant social history within thirty days of foster placement.

(b) If a child is active in the child protective services system, physicians may share with other physicians, orally or in writing, or both, medical information without parental consent.

(c) Any records or information released to a foster child's resource parents, or the foster child's principal treating physician pursuant to subsection (a), or any information shared by one physician with another physician pursuant to subsection (b), shall remain confidential in accordance with section 350-1.4. [L 2010, c 135, pt of §3]
Haw. Rev. Stat. § 346-34 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-34
Frauds, penalties.
Status: in_force

(a) Any recipient who buys or disposes of real property or any person who knowingly aids or abets a recipient in the purchase or sale of real property without the consent of the department of human services shall be guilty of a petty misdemeanor.

(b) If, at any time while the recipient of public assistance is receiving public assistance, the recipient's living requirements are reduced and the recipient wilfully fails to report the reduction within thirty days from the date of the reduction to the department, or the recipient acquires from any source real property, funds, income, or other resources and wilfully fails to report the amount acquired together with the source of the resources to the department within thirty days of receipt of the resources, or prior to spending or otherwise disposing of all or any portion of the resources, the recipient shall be guilty of a petty misdemeanor.

(c) No person shall knowingly obtain or attempt to obtain, or aid or abet another person in obtaining or attempting to obtain, any food commodity under a food distribution program or any food stamp or coupon under a food stamp plan or an electronic benefits transfer card or similar debit card type device, to which the person or the other person is not entitled to receive or use under any law, or under any rule adopted pursuant to section 346-14(11) or chapter 91.

(d) No person shall knowingly give, sell, trade, or otherwise dispose of to another person not entitled to receive or use the same pursuant to any law, or pursuant to any rule adopted pursuant to section 346-14(11) or chapter 91:

(1) Any food exceeding $300 in value received under a food distribution program or any food of any value received under a food distribution program if that food is sold or traded by the recipient;

(2) Any food stamp or coupon received under a food stamp plan;

(3) Any food commodity received wholly or partially in exchange for a food stamp or coupon received under a food stamp plan; or

(4) Any electronic benefits transfer card or similar debit card type device through which food stamp benefits may be obtained by the food stamp household.

(e) No person shall knowingly buy or give any other consideration in exchange for any food stamp or coupon issued under a food stamp plan or through any electronic benefits transfer card or similar debit card type device through which food stamp benefits may be obtained by the food stamp household except in compliance with any law or any rule adopted pursuant to section 346-14(11) or chapter 91.

(f) No person shall knowingly obtain or attempt to obtain emergency assistance under section 346-65 to which the person is not entitled. No person shall knowingly aid or abet another person in obtaining or attempting to obtain emergency assistance to which that other person is not entitled. No person shall expend emergency assistance granted to the person for other than the purpose approved by the department to eliminate or alleviate the emergency situation.

(g) No person shall knowingly transfer assets from that person's name to another person's or entity's name for the purpose of qualifying for public assistance under this chapter or chapter 346D. It shall be prima facie evidence of such a transfer if there was a transfer of assets for less than fair market value of the assets within the federally required time period, or "lookback" period, from the date of the application for public assistance.

(h) A person convicted under subsections (c), (d), (e), (f), or (g) shall be guilty of a misdemeanor; provided that:

(1) A person convicted under subsection (d)(2) or (e) for an offense involving food stamps or coupons with a value which exceeds $300 shall be guilty of a class C felony; and

(2) A person convicted under subsection (d)(2) or (e) for an offense involving food stamps, coupons, an electronic benefits transfer card, or a debit card shall be guilty of a class B felony if the benefit to which the person is not entitled exceeds $20,000.

Any portion of assistance obtained by any fraudulent device, and any assistance paid after receipt of resources which have not been reported to the department as required in this section shall be recoverable by the State for the use of the department as a debt due the State, or, restitution of the amount may be ordered by the court following conviction.

(i) The term "recipient" includes any person to whom a grant of public assistance is made by direct payment, and any person for whose use and benefit a grant of public assistance is made by payment to a relative or other person. Prosecution under this section shall not be considered an exclusive remedy but shall be in addition to any other criminal, civil, or administrative remedy or sanction authorized by law. [L 1941, c 296, pt of §1; RL 1945, §4839; am L 1949, c 308, §1; am L 1951, c 137, §1; am L 1953, c 52, §1; RL 1955, §108-20; am L 1957, c 174, §1; am L 1965, c 143, §1; HRS §346-34; am L 1970, c 105, §5; am L 1978, c 105, §5; gen ch 1985; am L 1986, c 160, §5; am L 1987, c 339, §4; am L 1994, c 187, §3; am L 1995, c 195, §1; am L 1997, c 198, §2]
Haw. Rev. Stat. § 346-8 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-8
Additional funds.
Status: in_force

(a) The department of human services may accept and deposit with the director of finance, for use in carrying out any of the purposes of this chapter or for costs of administration, any funds which may be provided by the United States government, any county, or any other source, in each case upon such terms and conditions as the department, in its discretion, may approve. All such funds shall be deemed additional to the funds provided by legislative appropriation. Any such funds received in reimbursement of expenditures made from funds provided by legislative appropriation for any purpose are reappropriated for the same purpose.

(b) Except as expressly otherwise provided, all appropriations made by the legislature shall be deemed subject to the foregoing provisions, to the end that the amounts of such appropriations shall be deemed to limit the amounts expendable from the general fund of the State but not to limit the amounts expendable by the department.

(c) The department shall submit a report detailing all moneys received under this section to the legislature no later than twenty days prior to the convening of each regular session. [L 1933, c 209, §22; RL 1935, chap IV, appendix, §22; am L 1941, c 213, §1(19); am L 1943, c 101, pt of §2; RL 1945, §4813; RL 1955, §107-11; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §346-8; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 280, §59]
Haw. Rev. Stat. § 354D-10 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-10
Correctional industries revolving fund.
Status: in_force

(a) There is created the correctional industries revolving fund to be administered by the department. All moneys collected by the department from the sale or disposition of goods and services produced in accordance with this chapter and any inmate deductions shall be deposited into the correctional industries revolving fund. The proceeds in the correctional industries revolving fund shall be used for: the purchase or lease of supplies, equipment, and machinery; the construction, leasing, or renovating of buildings used to carry out the purposes of this chapter; the salaries of personnel necessary to administer the enterprises established in accordance with this chapter; payment of inmates for work assignments; the reimbursement of incarceration costs of the inmates related to the inmates' participation in correctional industries; and other necessary expenses; provided that the correctional industries revolving fund shall not be maintained in excess of the amount necessary to carry out the purposes of this chapter.

(b) The director shall perform actuarial evaluations of the management and operation of the fund from time to time, as may be necessary, to ensure that the fund is self-sufficient. [L 1990, c 341, pt of §1; am L 1991, c 256, §4; am L 1993, c 280, §56 and c 303, §1]
Haw. Rev. Stat. § 346-365 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-365
Program administration.
Status: in_force

To the extent that appropriations are made available, the department may contract with a provider agency to administer homeless facilities or any other program for the homeless created by this part. The selection of provider agencies to administer homeless facilities or any other program for the homeless authorized by this part shall not be subject to chapters 42F, 102, and 103. The selection of provider agencies shall be subject to qualifying standards and criteria established by rule.

The provider agency shall be qualified by the department to operate and manage a homeless facility or any other program for the homeless authorized by this part pursuant to standards and criteria established by rules for eligibility. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 346-41 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-41
Inspection of institutional facilities.
Status: in_force

(a) The director of the department of health, department of human services and the attorney general of the State shall have the right to inspect all institutions and organizations in the State, whether public or private, to which payments are made by the state medical assistance program, directly or indirectly, or on account of the board and maintenance of persons admitted or committed thereto. The authorized representatives of the director or the attorney general shall have the right of visitation and immediate access for inspection during business hours as often as may be necessary, to those portions of the facilities used or reasonably related to the board, care or treatment of such persons for the purpose of determining the conditions, circumstances and surroundings under which such persons admitted or committed are lodged, boarded, cared for and maintained.

(b) Wilful failure to permit authorized visitation or immediate access for inspection as provided by this section is a misdemeanor. [L 1978, c 105, §7; am L 1987, c 339, §4]
Haw. Rev. Stat. § 353G-16 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-16
Funding sources.
Status: in_force

(a) The department of corrections and rehabilitation, with the assistance of the department of health, may pursue all available funding through federal programs and private sources. Contingent upon the receipt of sufficient funds, the department of corrections and rehabilitation may implement the assessment and treatment services mandated pursuant to this chapter. If at any time funds are not available, the department may not be required to provide these services. In addition, the department of corrections and rehabilitation, in conjunction with the department of health, may pursue all available federal matching funds through medicaid for nonhospital residential alcohol and other drug treatment services from the United States Centers for Medicare and Medicaid Services.

(b) Where the person to whom assessment services or treatment services are provided pursuant to this chapter is a member of a health maintenance organization or otherwise covered by any contract or program for health insurance, every reasonable effort shall be made to ensure that the cost of assessment services and treatment services are defrayed by the health maintenance organization or insurer. Notwithstanding any other law to the contrary, where a health maintenance organization, insurer, or managed care contractor disputes the treatment recommendation accepted by the appropriate authority pursuant to this chapter, the treatment recommendation shall prevail and shall be deemed to be reasonable and appropriate. [L 1998, c 152, pt of §2; am L 2011, c 43, §12 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-364 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-364
Contract or conveyance to the department.
Status: in_force

Notwithstanding any other law to the contrary, the board of land and natural resources or other state agency holding lands and improvements may contract or otherwise convey at a nominal consideration, by direct negotiation and without recourse to public auction, the land and improvements, or the management, operation, and administrative responsibility over the land and improvements, to the department or its designee. The land and improvements shall be used by the department or its designee for homeless facilities or for any other program for the homeless authorized by this part.
Haw. Rev. Stat. § 351-17 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-17
Reconsideration by commission; judicial review.
Status: in_force

(a) In the absence of an appeal to the commission, the commission, at any time, on its own motion, may reconsider the order or decision and revoke, confirm, or vary the order or decision, based upon the findings of the commission. Any applicant aggrieved by an order or decision may request reconsideration; provided that, to be considered, the request shall be received by the commission within thirty days after mailing of a certified copy of the order or decision to the applicant's last known address.

(b) Any person aggrieved by an order or decision of the commission on the sole ground that the order or decision was in excess of the commission's authority or jurisdiction, shall have a right of appeal to the circuit court of the circuit in which the person resides; provided the appeal is filed within thirty days after mailing of an original or a certified copy of the order or decision to the applicant's last known address. Except as otherwise provided in this section, orders and decisions of the commission shall be conclusive and not subject to judicial review. [L 1967, c 226, pt of §1; HRS §351 - 17; am L 1972, c 61, §1b; am L 1979, c 111, §15; am L 1989, c 177, §7; am L 1992, c 260, §4; am L 1996, c 235, §3; am L 1998, c 240, §5]
Haw. Rev. Stat. § 353-30 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-30
Others by permission.
Status: in_force

Only official visitors shall be allowed to visit any state correctional facility or to have any oral or written communication with a committed person, unless with the written permission of the administrator of the correctional facility or the director. No visitor shall deliver to or receive from any committed person any letter or message except with permission granted by the administrator of a state correctional facility pursuant to rules adopted by the director or facility administrator. Unauthorized communications, passing of documents, or visiting shall be a class C felony.
Haw. Rev. Stat. § 353-25 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-25
Powers and duties of conservator.
Status: in_force

Every conservator appointed for any committed person shall pay all the just debts due from the committed person out of the committed person's personal estate, if sufficient, and if not, out of the committed person's real estate, upon obtaining an order for the sale thereof from the judge. The conservator shall also settle all accounts of the committed person, and demand, sue for, and receive all debts due to the committed person, and, with the approbation of the judge, may compound for the same and give a discharge to the debtor. The conservator shall appear for and represent the ward in all legal suits and proceedings, except when another person is appointed for that purpose.

The conservator shall have all the rights and duties, as well as the responsibilities, respecting the management and disposal of the committed person's estate, as appertain to the guardian or conservator of a minor or insane person. The conservator shall manage the estate without waste, and the profits thereof, so far as may be necessary, for the comfortable and suitable maintenance of the committed person's family, if there be any, and if the profits are insufficient for that purpose, may sell the real estate and apply the proceeds thereto, upon obtaining the license of the judge. [L 1987, c 338, pt of §3; am L 2004, c 161, §12; am L 2005, c 22, §21]
Haw. Rev. Stat. § 346-18 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-18
§§346-18 to 346-19.
Status: repealed

§§346-18 to 346-19.5 REPEALED. L 1985, c 208, §4.
Haw. Rev. Stat. § 346-406 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-406
Liability of the department.
Status: in_force

The department or any of its employees who provide services under this part shall not be liable to a third person:

(1) For any acts of the young adult; and

(2) For injury to the young adult resulting from the negligence or act of a third person providing services or housing to the young adult. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 355D-3 — HI Code / Division 1 / Title 20 / Chapter 355D / Section 355D-3
Enforcement.
Status: in_force

The courts, departments, agencies, and officers of the State or any county shall enforce this compact and shall do all things appropriate to effectuate its purposes and intent that may be within their respective jurisdictions, including but not limited to the making and submission of such reports as are required by the compact.
Haw. Rev. Stat. § 349-9 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-9
County functions.
Status: in_force

Each county may establish a county office on aging and a county council on aging pursuant to the Older Americans Act of 1965, as amended.
Haw. Rev. Stat. § 351-13 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-13
Powers and procedures of commission.
Status: in_force

(a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. The commission may hold hearings, sit and act at times and places, and take testimony as it may deem advisable. Any two members shall constitute a quorum, but the concurring vote of the two members shall be necessary to take any action. Any member may administer oaths or affirmations to witnesses appearing before the commission. The commission shall have the same powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as a circuit court. Subpoenas shall be issued under the signature of the chairperson or by majority vote of the commission members. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the commission, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the circuit courts and shall be payable from funds appropriated for expenses of administration. The orders shall be signed by the chairperson or, in the absence of the chairperson, by the other two members.

(b) Notwithstanding any other provision, the commission may delegate to the administrator the authority to sign any order.

(c) The commission shall assign cases to the administrator for determination of eligibility and any order of compensation.

(d) If the applicant is dissatisfied with the determination by the administrator, the applicant may appeal to the commission for a hearing; provided that to be considered, the written appeal shall be received by the commission within sixty days of the mailing of a certified copy of the decision and order, and the commission shall review the case as if it was not heard before and as if no decision had been previously rendered. In such an event, the commission's decision shall be final. [L 1967, c 226, pt of §1; HRS §351-13; am L 1975, c 138, §1; am L 1989, c 177, §6; am L 1992, c 260, §3; am L 1993, c 219, §1; am L 1995, c 182, §2; am L 1996, c 235, §1]
Haw. Rev. Stat. § 346-155 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-155
Rules.
Status: in_force

Rules adopted pursuant to this part shall be adopted in accordance with chapter 91.
Haw. Rev. Stat. § 346-59.6 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.6
Medicaid overpayment recovery.
Status: in_force

The director shall recover medicaid overpayments made to providers. Medicaid overpayments shall be recovered due to a provider's ineligibility, noncovered service, noncovered drug, lack of prior authorization when a service requires one, incorrect payment allowance identified through any post payment review, or claims processing error. The director may recover overpayments through recoupment, tax offset under sections 231-51 to 231-59, and circuit court judgment. Nothing in this section shall limit the director's authority to recover overpayments through all other lawful means.
Haw. Rev. Stat. § 348F-6 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-6
Rules.
Status: in_force

The board may adopt rules pursuant to chapter 91, to implement this chapter, section 103-50, and part III of chapter 291.
Haw. Rev. Stat. § 346-61 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-61
Optometric services, choice.
Status: in_force

Whenever visual or optometric services within the lawful scope of practice of a duly licensed optometrist are included in any program, financed with public funds or administered by any public agency, for aid to the indigent, the aged, the legally blind, or any other group or class, the recipient of the aid shall be entitled to choose whether the services are to be performed by a duly licensed physician or by a duly licensed optometrist. Visual or optometric services as used herein include eye and/or visual examination or a correction of any vision or muscular anomaly and the supplying of ophthalmic materials, including contact lenses and subnormal vision aids.
Haw. Rev. Stat. § 353-65 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-65
Paroles; rules.
Status: in_force

The Hawaii paroling authority may establish rules, with the approval of the governor and the director of corrections and rehabilitation not inconsistent with this part, under which any prisoner may be paroled but shall remain, while on parole, in the legal custody and under the control of the paroling authority, and be subject, at any time until the expiration of the term for which the prisoner was sentenced, to be taken back within the enclosure of the prison. The rules shall have the force and effect of law. Full power, subject to this part, to enforce the rules, to grant, and to revoke paroles is conferred upon the paroling authority. The power to retake and reimprison a paroled prisoner is conferred upon the administrative secretary or the administrative secretary's designee, who may issue a warrant authorizing all of the officers named therein to arrest and return to actual custody any paroled prisoner. The superintendent of Hawaii state prison, the chief of police of each county and all police officers of the State or of any county, and all prison officers shall execute any such order in like manner as ordinary criminal process.

If any prisoner so paroled leaves the State without permission from the paroling authority, the prisoner shall be deemed to be an escaped prisoner, and may be arrested as such. [L 1917, c 103, §2; RL 1925, §1561; am L 1931, c 126, §2; am L 1932 1st, c 17, §8; RL 1935, §6454; am L 1939, c 203, pt of §6; RL 1945, §3959; RL 1955, §83-64; am L 1957, c 308, §1; am L 1963, c 34, §§1, 2; am L 1965, c 96, §57; HRS §353-65; am L 1969, c 208, §1; am L 1976, c 92, pt of §8; gen ch 1985; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 2003, c 7, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 356D-45.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-45.5
[ §356D-45.
Status: in_force

[ §356D-45.5] Delinquent accounts. (a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its account receivable records delinquent accounts for vacated units within state low-income public housing projects that have been delinquent for at least 90 days.

(b) The delinquent accounts may be assigned to a collection agency. [L 2013, c 40, §1]
Haw. Rev. Stat. § 353-28 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-28
Property given to committed persons.
Status: in_force

All property given or in any manner whatsoever accruing to a committed person, shall vest in the committed person's conservator, if the committed person is sentenced for a term of years, to be disposed of in the same manner as the committed person's other property; or if the committed person is sentenced for life, shall vest in the committed person's heirs or legatees; provided that any funds accumulated by the committed person and placed into an account as provided under section 353-20 shall be under the control and management of the director.
Haw. Rev. Stat. § 346-45 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-45
Confidentiality of court records.
Status: in_force

(a) The court shall maintain records of all adult protective proceedings under this chapter. All court documents and records pertaining to the action or proceeding shall be subject to inspection only by the vulnerable adult, and the vulnerable adult's guardian, conservator, their respective attorneys, the guardian ad litem of the vulnerable adult, and the other parties and their respective attorneys or guardians ad litem.

(b) All other requests for information contained in the confidential record shall be made in writing and shall include the reasons for the request and how the information is to be used and may be granted by the court for good cause. [L 1989, c 381, §2; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §1; am L 2004, c 161, §36; am L 2008, c 154, §2]
Haw. Rev. Stat. § 351-64.5 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-64.5
Recovery of compensation paid.
Status: in_force

(a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. The order or decision shall specify that the person is liable to repay to the fund the amount of overpaid compensation and the basis of the overpayment.

(b) The person liable shall, in the discretion of the commission, either repay any amount to the crime victim compensation special fund or have such amount deducted from any future compensation payable to the person under this chapter.

(c) Failure to comply with the provisions of this section by the person liable to repay overpaid compensation may at the discretion of the commission, result in civil action in the name of the State by the attorney general. [L 1996, c 236, §2; am L 1998, c 240, §7; am L 1999, c 18, §9]
Haw. Rev. Stat. § 352-14 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-14
Educational programs provided by the department of education.
Status: in_force

The department of education shall provide educational programs for those persons committed to the youth correctional facilities. These educational programs shall be adapted to the needs of the persons committed as prescribed by the department of education in coordination with the director.
Haw. Rev. Stat. § 347-11 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-11
Protection of records; divulging confidential information prohibited; penalties; payments to blind inalienable.
Status: in_force

Sections 346-10 and 346-11, relating to protection of records, divulging confidential information, and penalties, and section 346-33 concerning inalienability of payments to the blind, are made applicable in the same manner as if such sections were reenacted in this chapter.
Haw. Rev. Stat. § 346-16 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-16
Definitions.
Status: in_force

(a) As used in this chapter:

"Child caring institution" means any institution other than an institution of the State, maintained for the purpose of receiving six or more minor children for care and maintenance, not of common parents, apart from their parents or guardians on a twenty-four hour basis for monetary payment. This term shall not apply to any boarding school which is essentially and primarily engaged in educational work.

"Child placing organization" means any person, agency, or organization, except family courts and the department of human services, engaged in the investigation, placement, and supervision of children in foster care.

"Former foster youth" means a person formerly placed under the jurisdiction of the department as a foster child by the family court pursuant to chapter 587A who has attained the age of eighteen while under the placement responsibility of the department or who was under the placement responsibility of the department when a legally responsible caregiver was granted custody.

"Institution of higher education" means any institution normally requiring a high school diploma or equivalency certificate for enrollment, including but not limited to colleges, universities, and vocational or technical schools.

"Prospective adoptive parents" means a person, or persons who are married to each other, applying with the department to adopt a child or children.

"Resource family home" means any boarding home in which:

(1) One or more, but fewer than six, minor children are received; or

(2) Six or more minor siblings are placed together in the best interests of the children,

for care and maintenance apart from their parents or guardians on a twenty-four hour basis for fee or charge.

(b) None of the facilities defined in subsection (a) shall be considered a special treatment facility in the sense of section 321-11(10) unless clinical treatment of mental, emotional or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility. [L 1941, c 296, pt of §1; RL 1945, pt of §4830; am L 1949, c 353, pt of §1; am L 1953, c 153, pt of §5 and c 191, pt of §1; RL 1955, §108-10; am L Sp 1959 2d, c 1, §20; am L 1965, c 232, §1; HRS §346-16; am L 1970, c 105, §5; am L 1980, c 303, §9(1); am L 1981, c 84, §2; am L 1985, c 209, §1; am L 1986, c 297, §1; am L 1987, c 339, §4; am L 1989, c 394, §2; am L 1999, c 152, §1; am L 2000, c 108, §2; am L 2001, c 80, §1; am L 2003, c 95, §9(1); am L 2008, c 198, §1; am L 2010, c 135, §7; am L 2016, c 133, §2]
Haw. Rev. Stat. § 347-12.5 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-12.5
Randolph-Sheppard revolving account.
Status: in_force

(a) There is established within the state treasury the Randolph-Sheppard revolving account. The revolving account shall be used by the department of human services for:

(1) The provision of the following benefits for blind vendors:

(A) A retirement or pension plan;

(B) Health insurance; and

(C) Sick and vacation leave;

(2) The maintenance and replacement of equipment used in the blind vending program;

(3) The purchase of new equipment to be used in the blind vending program; and

(4) The provision of management services, which shall include, but not be limited to:

(A) The hiring of consultants;

(B) The sponsoring of training seminars;

(C) Transportation;

(D) Per diem for vendors to attend meetings of the state committee of blind vendors;

(E) Services for the state committee of blind vendors; and

(F) Other costs related to the blind vending program.

(b) Income from vending machines on federal, state, and county properties that are within reasonable proximity to, and in direct competition with, a blind vendor may be deposited into the account and then disbursed to the blind vendor.

(c) The revolving account shall consist of funds derived from:

(1) Vending machine income generated by federal, state, and county operations;

(2) Any other legally accepted source of income; and

(3) Donations. [L 1991, c 70, §1]
Haw. Rev. Stat. § 356D-151.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-151.5
Rent supplement; qualification.
Status: in_force

Except as provided by federal law, nothing in this chapter shall prevent a person who otherwise qualifies for rent supplement under this chapter from taking up to ninety days (from the day the person's application for rent supplement is approved) to secure a qualified rental dwelling; provided that rent supplement payments shall not commence until a qualified rental dwelling is secured.
Haw. Rev. Stat. § 352-25 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-25
Furlough, parole, discharge.
Status: in_force

(a) The director, for good reasons shown to the director's satisfaction, may furlough or parole any person committed to the director's custody. The director shall give the court and the prosecutor's office of the appropriate county a thirty-day notice prior to discharging a committed person. Prior court approval shall be obtained when such is specifically required in the commitment order.

No furlough, parole, or discharge shall be granted unless it appears to the director that there is a reasonable probability that the person will not violate the law and that the person's release is not incompatible with the welfare and safety of society.

(b) When granting parole, the director shall consider whether:

(1) The results of a risk and needs assessment indicate the person is at a lower risk to reoffend;

(2) The person has substantially complied with the facility rules and has had no significant misconduct in the prior two months;

(3) The person has demonstrated efforts toward rehabilitation;

(4) The person is likely to follow the reentry plan established pursuant to section 352-8.5; and

(5) A home visit has been completed and the living situation upon parole is determined to be safe and conducive to rehabilitation.

The form of furlough or parole may include return to the person's own home, transfer to another youth correctional facility, a group home or foster home placement, or other appropriate alternative. Nonresidential programs may be made available to selected persons on furlough such that they return to the facility during nontreatment hours.

(c) The director shall submit an annual report to the board of family court judges and the Hawaii juvenile justice state advisory council. The report shall include the number of persons committed to the director's custody who are not serving a concurrent term of probation, the number of those persons who were granted parole in the previous year, the length of the parole term for each paroled person, and the number of persons on parole who return to the Hawaii youth correctional facilities for any reason. [L 1980, c 303, pt of §8(1); am L 1990, c 92, §2; am L 1997, c 325, §2; am L 2014, c 201, §4]
Haw. Rev. Stat. § 367D-5 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-5
Duties of the director of corrections and rehabilitation.
Status: in_force

The director of corrections and rehabilitation shall:

(1) Review all plans for programs for female offenders;

(2) Review contract applications or proposals for model programs for female offenders and award contracts for programs;

(3) Monitor the delivery of services provided under contract programs for female offenders;

(4) Establish, by rule, a method of determining the amount or percentage of local contribution to receive a contract under this chapter; and

(5) Collaborate with the Community Alliance on Prisons or other advocacy group in Hawaii as a resource on women's issues for the department. [L 2006, c 258, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 347-3 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-3
Department; general powers.
Status: in_force

The department of human services shall administer work with and for the blind, including the registry of the blind, vocational guidance, training, and placement in employment, and other services, including the conduct of activities for sight conservation and prevention of blindness.
Haw. Rev. Stat. § 356D-7.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-7.5
[ §356D-7.
Status: in_force

[ §356D-7.5] Exemption from tax on income and obligations. Income earned and obligations issued by a nonprofit entity determined to be a "public housing agency" pursuant to section 3(b)(6) of the United States Housing Act of 1937, as amended, and which income and obligations are declared by the United States Department of Housing and Urban Development to be exempt from all taxation imposed by the United States pursuant to section 11(b) of the Act, shall be exempt from all taxation now or hereafter imposed by the State.
Haw. Rev. Stat. § 347-17 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-17
Driver of vehicle, caution.
Status: in_force

Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped, and is carrying or using an exposed cane or walking stick which is painted white in color or painted white tipped with red, or a person who is blind or visually handicapped and using a guide dog, take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury to the blind or visually handicapped person.
Haw. Rev. Stat. § 346-229 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-229
Right of entry.
Status: in_force

(a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with the department's access to or communication with the vulnerable adult shall be guilty of a misdemeanor.

(b) Any employee of the department engaged in an investigation under this part, having probable cause to believe that a vulnerable adult will be injured through caregiver neglect, self-neglect, or by physical abuse before a court order for entry can be obtained, without a warrant, may enter upon the premises where the vulnerable adult may be found for the purpose of ascertaining that person's welfare. Where a warrantless entry is authorized under this section, the employee of the department may request the assistance of a police officer to gain entrance. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §11; am L 2022, c 289, §2]
Haw. Rev. Stat. § 356D-26 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-26
Security for funds deposited by the authority.
Status: in_force

The authority, by resolution, may provide that all moneys deposited by it shall be secured:

(1) By any securities by which funds deposited by the director of finance may be legally secured as provided in section 38-3; or

(2) By an undertaking with sureties as are approved by the authority faithfully to keep and pay over upon the order of the authority any deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for those deposits. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 356D-6.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-6.5
Prohibition on smoking in and around public housing; designated smoking areas.
Status: in_force

(a) Smoking shall be prohibited in any public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, within:

(1) Each individual housing unit;

(2) All common areas;

(3) Community facilities; and

(4) Twenty-five feet from each individual building and each administrative office building of the public housing project, elder or elderly housing, or state low-income housing project, and from any entrance, exit, window, and ventilation intake that serves an enclosed or partially enclosed area.

(b) Notwithstanding subsection (a), the authority may designate one or more permissible smoking areas at least twenty-five feet away from any residential or other building, or any greater distance away as may ensure that the secondhand smoke does not infiltrate any dwelling unit or office.

(c) The authority shall place and maintain "No smoking" signage at all entrances and exits of the property. The authority may display additional "No smoking" signage at residential and community facilities at their entrances and exits, offices, and in or at enclosed, partially enclosed, or open common areas for the purpose of conspicuous notice.

(d) The authority may adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(e) For purposes of this section:

"Common areas" means roofs, halls, sidewalks, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project or household normally in common use or other areas designated by the authority.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. [L 2014, c 91, §1; am L 2018, c 127, §1]
Haw. Rev. Stat. § 356D-68 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-68
Rules.
Status: in_force

The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this subpart.
Haw. Rev. Stat. § 349-22 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-22
Access to long-term care facilities.
Status: in_force

(a) A long-term care facility shall permit immediate access to the long-term facility and to the residents of the long-term care facility to the long-term care ombudsman or designee at any time deemed necessary and reasonable by the long-term care ombudsman for the performance of the duties and functions under this part.

(b) Access to the residents of the long-term care facility shall include the provision of privacy.

(c) A long-term care facility shall permit access by the long-term care ombudsman or designee to all resident records or portions thereof necessary for the long-term care ombudsman to evaluate the merits of any complaint; provided that resident records shall be divulged only with the written consent of the resident or the resident's legal representative.

(d) The long-term care ombudsman shall report violations of this section to the department of health.

(e) The department of health shall adopt rules, including the establishment of administrative fines or other penalties, pursuant to chapter 91 for the violation of this section. [L 1979, c 206, §2(2); am L 2007, c 93, §6]
Haw. Rev. Stat. § 352D-4.3 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-4.3
Criminal history record checks.
Status: in_force

(a) Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office shall be required to agree to criminal history record checks conducted by the office or its designee in accordance with section 846-2.7. The office shall develop procedures for obtaining verifiable information regarding the criminal history records of individuals seeking to serve as employees or volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office.

(b) Except as otherwise specified, any individual who is employed, seeks employment, or volunteers with a contracted provider or subcontractor in a position that necessitates close proximity to youth when providing services on behalf of the office shall:

(1) Submit to the office a sworn statement indicating whether the individual has ever been convicted of an offense for which incarceration is a sentencing option;

(2) Be subject to criminal history record checks through the Hawaii criminal justice data center in accordance with section 846-2.7. An annual name inquiry shall be conducted in the state criminal history record files; and

(3) Provide to the office written consent for the office or its designee to obtain criminal history record information for verification.

Information obtained pursuant to this section shall be used exclusively by the office for purposes of determining whether a person is suitable for working or volunteering in a position that necessitates close proximity to youth when providing contracted services on behalf of the office, or in conjunction with services provided for youth at the Hawaii youth correctional facility, while in custody, on furlough, or on parole. All such decisions shall be subject to any applicable federal laws and regulations.

(c) The office may require the contracted provider or subcontractor to refuse employment to an applicant for employment, terminate the employment of an employee, or terminate the services of a volunteer if:

(1) The employee, prospective employee, or volunteer of the contracted provider or subcontractor has been convicted of an offense for which incarceration is a sentencing option; and

(2) The office finds that the criminal history record of the employee, prospective employee, or volunteer of the contracted provider or subcontractor indicates that the employee, prospective employee, or volunteer may pose a risk to the health, safety, or well-being of youth receiving direct services by that employee, prospective employee, or volunteer.

(d) For the purposes of this section:

"Prospective employee" means any applicant for a position with a contracted provider or subcontractor that provides direct services to youth on behalf of the office.

"Provider" means any organization that or individual who enters into, or intends to enter into, a contract with or is currently contracted by the office to provide direct services to youth. The term includes all individuals who are authorized to provide direct services to youth under the contract with the organization or individual.

"Subcontractor" means any organization that or individual who enters into, or intends to enter into, a contract or agreement with a contracted provider to provide direct services to youth. The term includes all persons who may provide direct services to youth under the contract with the organization or individual.

"Volunteer" means any individual who provides, or intends to provide, direct services to youth on a non-compensatory basis.

(e) Notwithstanding any other law to the contrary, the office shall be exempt from section 831-3.1 for purposes of this section and need not conduct its investigations, notifications, or hearings in accordance with chapter 91. [L 2006, c 131, §1; am L 2008, c 136, §6]
Haw. Rev. Stat. § 355-3 — HI Code / Division 1 / Title 20 / Chapter 355 / Section 355-3
Enforcement.
Status: in_force

The courts, departments, agencies, and officers of the State of Hawaii and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
Haw. Rev. Stat. § 346-400 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-400
Case plan; reports to be submitted by the department.
Status: in_force

(a) A case plan shall:

(1) Establish goals for the young adult, including those pertaining to education; health; therapy; counseling; a relationship with the young adult's birth family, including visits; cultural connections; independent living; and transition plans;

(2) Describe services needed to assist the young adult to achieve the goals set forth in paragraph (1); and

(3) Describe the methods for achieving the goals and services set forth in paragraphs (1) and (2).

(b) The department shall prepare a report to the court, developed in collaboration with the young adult as developmentally appropriate, describing:

(1) The young adult's progress toward achieving the goals of the case plan;

(2) Proposed revisions to the goals of the case plan and reasons for the revisions; and

(3) Proposed revisions to the methods for achieving the goals of the case plan and the reasons for the revisions.

(c) The report shall be submitted to the court seven days prior to a scheduled periodic review hearing date and a copy shall be provided to the young adult. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 353D-7 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-7
Annual report.
Status: in_force

The agency administering the program shall annually submit to the department and to the legislature a report to include, but not limited to, the following:

(1) A quantitative and narrative description of the services rendered;

(2) A description of the impact of the centers' services to families;

(3) A description of areas for improvement of services or coordination with other public or private agencies; and

(4) A description of the community resources which were utilized. [L 1987, c 251, pt of §1]
Haw. Rev. Stat. § 356D-22 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-22
Bonds; interest rate, price, and sale.
Status: in_force

(a) The bonds shall bear interest at rates payable at times that the authority, with the approval of the governor, may determine except for deeply discounted bonds that are subject to redemption or retirement at their accreted value; provided that the discounted value of the bonds shall not exceed ten per cent of any issue; and provided further that no bonds may be issued without the approval of the director of finance and the governor. Notwithstanding any other law to the contrary, the authority may, subject to the approval of the director of finance and the governor, issue bonds pursuant to section 356D-21, in which the discounted value of the bonds exceeds ten per cent of the issue.

(b) The authority may include the costs of undertaking and maintaining any housing project or projects for which the bonds are issued in determining the principal amount of bonds to be issued. In determining the cost of undertaking and maintaining the housing project, the authority may include the cost of studies and surveys; insurance premiums; underwriting fees; financial consultant, legal, accounting, and other services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period determined by the authority. [L 2006, c 180, pt of §2; am L 2025, c 89, §9]
Haw. Rev. Stat. § 346-52 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-52
Aged, blind, and permanently and totally disabled persons; eligibility for assistance.
Status: in_force

A person shall be eligible for public assistance who meets the requirements established by the federal supplemental security income program or its successor agency, provided the person is also determined needy in accordance with state standards.
Haw. Rev. Stat. § 356D-59 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-59
Priority of housing lien.
Status: in_force

The statutory liens provided for in this subpart shall be preferred and have priority over all other liens or claims and over all attachments or other process.
Haw. Rev. Stat. § 356D-120 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-120
Additional powers.
Status: in_force

The powers conferred upon the authority by this part shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities of the authority.
Haw. Rev. Stat. § 349-2 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-2
Executive office on aging; appointments.
Status: in_force

(a) There is established within the department of health, for administrative purposes only, an executive office on aging.

(b) The head of this office shall be known as the director of the executive office on aging, hereinafter referred to as director. The director shall have professional training in the field of social work, education, public health, and other related fields; extensive direct experience in programs or services related to elders; and recent experience in a supervisory, consultative, or administrative position. The director shall be nominated and appointed by the governor without regard to chapters 76 and 89. Effective July 1, 2005, the director shall be paid a salary set by the appointing authority that shall not exceed sixty-nine per cent of the salary of the director of human resources development. The director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1976, c 217, pt of §2; am L 1982, c 129, §12; am L 1986, c 128, §11; am L 1989, c 329, §9; am L 1990, c 67, §8; am L 2002, c 148, §39; am L 2003, c 204, §1; am L 2005, c 226, §9]
Haw. Rev. Stat. § 349-4 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-4
Policy advisory board for elder affairs; lifetime honorary kupuna.
Status: in_force

(a) There shall be a policy advisory board for elder affairs, appointed by the governor under section 26-34. The board shall advise the director in but not limited to the following areas:

(1) The identification of issues and alternative approaches to solutions;

(2) The development of position statements and papers;

(3) Advocacy and legislative actions; and

(4) Program development and operations.

The board shall consist of not less than fifteen nor more than twenty-one members, a majority of whom are over sixty years of age and who shall be selected on the basis of their interests and knowledge in and their ability to make contributions to the solution of problems relating to aging, and shall include at least one member from the county of Hawaii, one member from the county of Maui, one member from the county of Kauai, and one member from the city and county of Honolulu. There may be up to ten members who shall serve as ex officio[,] nonvoting members and may consist of the heads of the following agencies that provide services or programs affecting elders: health, human services, education, labor and industrial relations, commerce and consumer affairs, University of Hawaii, transportation, the state retirement system, and, by invitation, the Hawaii representatives of the United States Department of Health and Human Services and the Social Security Administration. Ex officio members may delegate their board responsibilities to another member of their agency. Of the non ex officio members, one-third of the members shall be appointed for the term of four years, one-third for the term of three years, and one-third for the term of two years; and thereafter the terms of office of each member shall be four years. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings and carrying out the responsibilities of the board. The chairperson shall be elected annually from the nongovernmental members of the board. There shall be not less than twelve meetings of the board each year. Quorum shall be a majority of the currently serving members, but in no event fewer than eight members shall constitute a quorum.

(b) The policy advisory board for elder affairs may honor a non ex officio member by voting to award the member a lifetime honorary kupuna title at a meeting called for the purpose and attended by a quorum. The governor:

(1) Shall take into consideration a person's receipt of a lifetime honorary kupuna title when considering the person's reappointment to the board; and

(2) Notwithstanding section 26-34, may reappoint a person who holds the lifetime honorary kupuna title for continued terms over the person's lifetime. [L 1976, c 217, pt of §2; am L 1979, c 136, §1(1); am L 1987, c 339, §4; am L 1990, c 67, §8; gen ch 1993; am L 2013, c 8, §1; am L 2018, c 134, §2; am L 2019, c 125, §2]
Haw. Rev. Stat. § 353-26 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-26
Removal of conservator.
Status: in_force

The conservator may be removed, and another conservator appointed in the former conservator's place, whenever the judge thinks there is just cause for removal.
Haw. Rev. Stat. § 353-3 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-3
§§353-3 and 353-4 REPEALED.
Status: repealed

§§353-3 and 353-4 REPEALED. L 1989, c 211, §§14, 15.
Haw. Rev. Stat. § 346-246 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-246
Failure to comply with court orders.
Status: in_force

The court may apply contempt of court provisions and all other provisions available under the law if a party fails to comply with the terms and conditions of any order issued under this part.
Haw. Rev. Stat. § 346-53.64 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.64
Federally qualified health center or rural health clinic visit.
Status: in_force

(a) Services eligible for prospective payment system reimbursement are those services that are furnished by a federally qualified health center or rural health clinic that are:

(1) Within the legal authority of a federally qualified health center to deliver, as defined in section 1905 of the Social Security Act;

(2) Actually provided by the federally qualified health center, either directly or under arrangements;

(3) Covered benefits under the medicaid program, as defined in section 4231 of the State Medicaid Manual and the Hawaii medicaid state plan;

(4) Provided to a recipient eligible for medicaid benefits;

(5) Delivered exclusively by health care professionals, including physicians, physician's assistants, nurse practitioners, nurse midwives, clinical social workers, clinical psychologists, and other persons acting within the lawful scope of their license or certificate to provide services;

(6) Provided at the federally qualified health center's practice site, a hospital emergency room, in an inpatient setting, at the patient's place of residence, including long term care facilities, or at another medical facility; and

(7) Within the scope of services provided by the State under its fee-for-service medicaid program and its medicaid managed care program, on and after August 1994, and as amended from time to time.

(b) Contacts with one or more health professionals and multiple contacts with the same health professional that take place on the same day and at a single location constitute a single encounter, except when one of the following conditions exists:

(1) After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or

(2) The patient makes one or more visits for other services such as dental or behavioral health. Medicaid may pay for a maximum of one visit per day for each of these services in addition to one medical visit.

(c) A federally qualified health center or rural health clinic that provides prenatal services, delivery services, and postnatal services may elect to bill the managed care organization for all such services on a global payment basis. Alternatively, it may bill for prenatal and postnatal services separately from delivery services and be paid the per visit prospective payment system reimbursement for prenatal and postnatal visits. In this case, it may bill the managed care organization separately for inpatient delivery services that are not eligible for prospective payment system reimbursement. [L Sp 2008, c 8, pt of §2; am L 2015, c 20, §4]
Haw. Rev. Stat. § 346-31 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-31
Assignment of persons in need of public assistance to work on public projects.
Status: in_force

The department of human services as far as permissible under the then existing federal laws, may assign persons in need of public assistance to work on state, county, or other public projects whether or not the projects are conducted in cooperation with any federal agency for the relief of unemployment.

The amount of assistance to be paid to such persons shall be fixed by the department, taking into consideration the work performed, and may exceed the amount or value of the grant of public assistance, which would have been made had no such assignment to a work project been made, but in no event shall such additional assistance, granted because of assignment to a work project, exceed the amount necessary to provide for extra expenses, incurred by the recipient for food, clothing, transportation, and incidentals. [L 1941, c 296, pt of §1; RL 1945, §4836; RL 1955, §108-17; HRS §346-31; am L 1970, c 105, §5; am L 1987, c 339, §4]
Haw. Rev. Stat. § 353-16 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16
Transfer of committed felon to federal institution.
Status: in_force

The director may effect the transfer of a committed felon to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such a felon.
Haw. Rev. Stat. § 352-19 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-19
Withdrawals from accounts.
Status: in_force

(a) The director may permit withdrawals by a committed person from the person's account for the following purposes:

(1) Disbursement to the dependents of such person for such amounts as the person is legally obligated to pay;

(2) To satisfy the whole or part of any debt of such person;

(3) Disbursement to relatives of the person;

(4) To secure a release from any person making a claim against the committed person for crimes affecting property.

(b) The director may make withdrawals from a committed person's account for purposes of restitution payments as ordered by a court.

(c) The director may retain any balance remaining until the termination of the director's legal custody of such person at which time the director shall transfer the balance to the person, the person's guardian, or to whomever legal custody is transferred. [L 1980, c 303, pt of §8(1)]
Haw. Rev. Stat. § 346-233 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-233
Petition.
Status: in_force

(a) A petition invoking the jurisdiction of the court under this part shall be entitled "In the matter of the protection of ," and shall be verified.

(b) The petition shall set forth with specificity the:

(1) Reasons the person is considered to be a vulnerable adult;

(2) Facts that bring the vulnerable adult within this part;

(3) Name, birth date, sex, and residence address of the vulnerable adult;

(4) Names and addresses of any living persons, or entities required to be notified pursuant to section 346-237; and

(5) If appropriate, allegations describing any lack of capacity of the vulnerable adult. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §15]
Haw. Rev. Stat. § 346-398 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-398
Petition; venue.
Status: in_force

(a) Within thirty days after the voluntary care agreement is signed, the department shall file with the court in the county where the young adult resides a petition invoking the jurisdiction of the court under this part, which shall contain:

(1) The young adult's name, date of birth, and current address;

(2) A statement of facts that supports the eligibility of the young adult for foster care services that includes the following:

(A) The reasonable efforts made to achieve permanency for the young adult; and

(B) The reasons why it is in the best interest of the young adult to extend foster care services; and

(3) A copy of the signed voluntary care agreement.

(b) Upon the filing of the petition, the court shall open a young adult voluntary foster care case for the purpose of determining whether extending foster care services is in the young adult's best interests. The court shall conduct a hearing and make its determination no later than fifteen days after the filing of the petition.

(c) The court shall set a periodic review to be held within one hundred eighty days after the signing of the voluntary care agreement. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 352D-4.5 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-4.5
Substance abuse treatment monitoring program.
Status: in_force

(a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the office shall comply with the requirements of the statewide substance abuse treatment monitoring program established by the department of health under section 321-192.5. The office shall collect data in accordance with section 321-192.5 from any provider of substance abuse treatment that provides substance abuse treatment to youths served through public funds administered by the office.

(b) The office shall include in the contract with any treatment provider all criteria established by the department of health pursuant to section 321-192.5 to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

(c) The office shall include the information collected under subsection (a) as part of the annual report submitted pursuant to section 352D-6.

(d) This section shall not be construed to abrogate an individual's right to privacy. The office shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section. [L 2004, c 40, §25]
Haw. Rev. Stat. § 368-3 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-3
Powers and functions of commission.
Status: in_force

The commission shall have the following powers and functions:

(1) To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and complaints filed under this chapter, and conduct proceedings on complaints alleging unlawful practices where conciliatory efforts are inappropriate or unsuccessful;

(2) To hold hearings and make inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of these hearings and inquiries, to administer oaths and affirmations, conduct depositions, compel the attendance of parties and witnesses and the production of documents by the issuance of subpoenas, examine parties and witnesses under oath, require answers to interrogatories, and delegate these powers to any member of the commission or any person appointed by the commission for the performance of its functions;

(3) To commence civil action in circuit court to seek appropriate relief, including the enforcement of any commission order, conciliation agreement, or predetermination settlement;

(4) To issue the right to sue to a complainant;

(5) To order appropriate legal and equitable relief or affirmative action when a violation is found;

(6) To issue publications and results of investigations and research that, in its judgment, will tend to promote goodwill and minimize or eliminate discrimination in employment, housing, and public accommodations;

(7) To submit annually to the governor and the legislature a written report of its activities and recommendations for administrative or statutory changes required to further the purposes of this chapter;

(8) To appoint an executive director, deputy executive director, attorneys, and hearings examiners who shall be exempt from chapter 76, and investigators and other necessary support personnel who shall be subject to chapter 76. Section 28-8.3 notwithstanding, an attorney employed by the commission as a full-time staff member may represent the commission in litigation, draft legal documents for the commission, provide other necessary legal services to the commission, and shall not be deemed to be a deputy attorney general; and

(9) To adopt rules under chapter 91. [L 1988, c 219, pt of §1; am L 1989, c 386, §6; am L 1991, c 80, §1 and c 252, §2; am L Sp 1993, c 8, §53; am L 2000, c 253, §150; am L 2001, c 55, §17(1)]
Haw. Rev. Stat. § 353-132 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-132
[ §353-132] System; requirements.
Status: in_force

[ §353-132] System; requirements. (a) The department shall establish a statewide automated victim information and notification system to:

(1) Automatically notify a registered victim or concerned member of the community, via the person's choice of telephone, text message, or electronic mail transmission when the offender who is in the custody of the department:

(A) Is transferred or assigned to another facility;

(B) Is transferred to the custody of another agency outside the State;

(C) Is released on temporary leave or for other reasons;

(D) Is discharged; or

(E) Has escaped;

(2) Automatically notify a registered victim or concerned member of the community via the person's choice of telephone, text message, or electronic mail transmission when:

(A) The offender has an upcoming parole hearing; or

(B) There is a change in the offender's parole status, including a change in the offender's supervision status;

(3) Permit a victim or concerned member of the community to receive the most recent status report for the offender in the custody of the department by calling the system on a toll-free telephone number, as well as by accessing the system via a public website;

(4) Provide all victims or concerned members of the community calling the system with the option to receive live operator assistance with the system on a twenty-four-hours per day, three-hundred-sixty-five-days per year basis; and

(5) Permit a victim or a concerned member of the community to register or update the person's registration information for the system by calling a toll-free telephone number or accessing a public website.

(b) The prosecuting agency shall notify the victim of the victim's right to register in the system. It shall be the responsibility of the victim to register with the system. [L 2012, c 190, pt of §1]
Haw. Rev. Stat. § 346-303 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-303
Rules.
Status: in_force

The department of human services shall maintain rules describing eligibility criteria for adoption assistance and describing the types, duration, and amounts of adoption assistance benefits that may be received.
Haw. Rev. Stat. § 354D-16 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-16
Penalties.
Status: in_force

Any person who knowingly violates this chapter shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 352-17 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-17
Compensation in facilities.
Status: in_force

The director may provide, in accordance with rules and regulations adopted by the director, for the payment of compensation, which shall not be considered as wages, for work performed by a person placed in a youth correctional facility while in such facility and not participating in a work release plan under section 352-16. The compensation shall be credited to the account of such person.
Haw. Rev. Stat. § 356D-42 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-42
Housing; tenant selection.
Status: in_force

(a) The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and preferences:

(1) The authority may limit the tenants of any state low-income housing project to classes of persons when required by federal law or regulation as a term or condition of obtaining assistance from the federal government;

(2) Within the priorities established by the authority recognizing need, veterans with a permanent disability of ten per cent or more, as certified by the United States Department of Veterans Affairs, and their dependent parents, if any. The deceased veteran's spouse shall be given first preference. Parents of veterans shall not use the veteran status of their adult child as a basis for preference; and

(3) Subject to any limitations set by federal law or regulation, the authority shall not select as a tenant, and may terminate the tenancy of, any person if the person or any household member owns or acquires a home within the State.

(b) The authority shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2006, c 180, pt of §2; am L 2013, c 148, §3 and c 223, §1; am L 2023, c 99, §2]
Haw. Rev. Stat. § 346-70 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-70
Medical assistance for other pregnant women.
Status: in_force

(a) The department may provide state-funded medical assistance to a pregnant woman age nineteen years of age or older whose countable family income does not exceed one hundred and eighty-five per cent of the federal poverty level for a family of applicable size, including the expected unborn children. The pregnant woman shall be:

(1) A legal immigrant who entered the United States on or after August 22, 1996; and

(2) Otherwise eligible for benefits under the State's medicaid program but is prohibited from participating in any medical assistance program under title XIX of the Social Security Act for a period of five years beginning on the date of her entry into the United States, due to restricted eligibility rules imposed by title XIX of the Social Security Act and the Personal Responsibility and Work [Opportunity] Reconciliation Act of 1996.

(b) Once determined eligible for medical assistance under this section, the pregnant woman shall continue to be eligible throughout her pregnancy and through the last day of the calendar month in which the sixty-day period following childbirth ends.

(c) Assets shall not be evaluated for eligibility purposes.

(d) The director shall adopt rules pursuant to chapter 91 to determine eligibility for medical assistance. [L 2004, c 160, §2]
Haw. Rev. Stat. § 353G-14 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-14
Rules.
Status: in_force

The department of corrections and rehabilitation shall adopt rules in accordance with chapter 91, and shall develop and periodically review and revise guidelines, directives, standards, and protocols and shall take other actions as are necessary and appropriate, to effectuate the purposes of this chapter.
Haw. Rev. Stat. § 350E-3 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-3
Appropriate public authorities.
Status: in_force

The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this State, means the department of human services and the department shall receive and act with reference to notices required by Article III.
Haw. Rev. Stat. § 353G-13 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-13
Reporting and implementation; substance abuse treatment monitoring program.
Status: in_force

(a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be required by the department of health and which shall be required by the statewide substance abuse treatment monitoring program under section 321-192.5. The department of corrections and rehabilitation shall collect data in accordance with section 321-192.5 from any assessment program, treatment program, treatment provider, correctional center or facility, and parole agency that provides substance abuse treatment to persons served through public funds administered by the department of corrections and rehabilitation. The department of corrections and rehabilitation shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section.

This subsection shall not be construed to abrogate an individual's right to privacy.

(b) The department of corrections and rehabilitation shall include in the contract with any treatment provider all criteria established by the department of health pursuant to section 321-192.5 to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

(c) The department of corrections and rehabilitation, in conjunction with the department of health, shall report on an annual basis to the legislature and to the governor, its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include information collected under subsection (a) and a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter. The report shall also include:

(1) A complete list of programs offered;

(2) The length of each program;

(3) Each program's success rate, including the percentage of participant completion in the previous two years;

(4) A description of participant criteria assessed by the program for admittance;

(5) The number of available positions with each program;

(6) The number of potential participants on waiting lists;

(7) The number of participants who do not complete the program;

(8) A summary of common reasons why participants do not complete a program; and

(9) A complete list of programs no longer offered, with explanations for termination of the programs.

The department shall also post the reports electronically on the department's website in a timely manner.

(d) The department of corrections and rehabilitation, in conjunction with the department of health, shall establish an advisory board that shall be comprised of judges, prosecutors, defense attorneys, adult probation officials, parole officials, correctional officials, representatives of assessment programs and treatment programs, and individuals working in licensed alcohol and other drug abuse treatment facilities who are past consumers of treatment services. The advisory board shall meet periodically to discuss the provisions, implementation, and evaluation of this chapter, and to make recommendations to the department of health.

(e) Except as provided in this chapter, all data, information, or records kept or compiled pursuant to this section shall be deemed to be government records for the purposes of chapter 92F. [L 1998, c 152, pt of §2; am L 2004, c 40, §27; am L 2018, c 212, §3; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-55.1 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-55.1
Visitation, custody, and support when public assistance paid.
Status: in_force

Whenever public assistance is paid to or for the benefit of any dependent child, the existence or enforcement of a duty of support owed by a noncustodial parent to such child shall not be affected by a failure or refusal by the custodial parent to implement any right as to custody or visitation granted by a court to the noncustodial parent.
Haw. Rev. Stat. § 346-17.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-17.3
[ §346-17.
Status: in_force

[ §346-17.3] Motor vehicle insurance. The parents of a child under foster care who has obtained a driver's license shall pay the costs of the child's motor vehicle insurance, unless the court determines the parents to be financially unable to pay the costs, in which case the child's insurance costs shall be paid pursuant to sections 431:10C-407 and 431:10C-410.
Haw. Rev. Stat. § 348F-7.5 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-7.5
Accessible parking special account.
Status: in_force

(a) There is established within the disability and communication access board special fund the accessible parking special account to be administered by the disability and communication access board, into which shall be deposited $1 from each annual motor vehicle registration fee pursuant to section 249-31(b). All interest earned or accrued on the moneys shall become part of the special account.

(b) Moneys in the accessible parking special account shall be expended to cover the costs to administer the statewide parking program for persons with disabilities under part III of chapter 291. [L 2022, c 161, §2]
Haw. Rev. Stat. § 367-5 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-5
Commission on the status of women trust fund.
Status: in_force

(a) There is established a commission on the status of women trust fund. All funds contributed to the trust fund, including income and capital gains earned therefrom, shall be used exclusively for commission programs as defined in the articles, bylaws, resolutions, and other instruments executed on behalf of the commission on the status of women or any nonprofit organization established thereunder. The trust fund may receive any and all types of private contributions, and the income and capital gains earned by the fund; provided that funds or properties donated for the commission's use shall be deposited and accounted for in accordance with policies and procedures adopted by the comptroller. The trust fund shall be subject to the following restrictions:

(1) All funds, and the income and capital gains earned by investment of those funds, shall be expended only for the support of the commission or its nonprofit organization's programs; and

(2) Other restrictions imposed by the legislature with respect to the transfer or appropriation of funds.

(b) Any funds deposited in the trust fund, and any income and capital gains earned therefrom, not used for the commission or its nonprofit organization's programs, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the commission or its nonprofit organization, and in a manner intended to maximize the rate of return on investment of the fund.

(c) If the trust fund is terminated or the commission or its nonprofit organization is dissolved, all funds, including the income and capital gains earned by the investment of funds, shall be distributed in accordance with the articles and bylaws of the commission or its nonprofit organization.

(d) The commission shall require an annual audit of the trust fund, the results of which shall be submitted to the department of budget and finance not more than thirty days after receipt by the commission. The commission shall retain for a period of three years, any documents, papers, books, records, and other evidence that are pertinent to the trust fund, and permit inspection or access thereto by the department of budget and finance, the department of accounting and general services, state legislators, and the auditor, or their duly authorized representatives.

(e) The trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The fund shall be a private charitable trust fund administered by a private trust company as trustee.

(f) Subsections (a) to (e) shall take effect upon the creation of a commission on the status of women foundation, a tax-exempt, nonprofit foundation that is subject to the terms and conditions provided in this section. [L 2000, c 270, §1]
Haw. Rev. Stat. § 353-31 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-31
Revolving funds for correctional facility stores.
Status: in_force

Subject to the approval of the department of budget and finance, a special revolving fund for each correctional facility store may be established for the purpose of purchasing items to be resold to inmates. All moneys received from the resale of allowable items in correctional facility stores shall be deposited in the revolving fund for each such store. The proceeds of each fund shall be expended at the discretion of the director, but shall be used only for purchasing items to be resold to inmates and for purchasing of other goods or services for inmate benefits and needs.
Haw. Rev. Stat. § 363-12 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-12
Disbursement of World War II Filipino-American veterans burial grant funds.
Status: in_force

(a) The office of veterans' services, at the request of a deceased World War II Filipino-American veteran's survivor or an interested party, shall make payment, under the veterans burial grant program, directly to a licensed provider of mortuary or crematory services in the State for the cost of:

(1) Providing funeral and burial services for a deceased World War II Filipino-American veteran; and

(2) Transporting the remains of a deceased World War II Filipino-American veteran to the Philippines.

(b) The maximum amount that may be disbursed on behalf of a deceased World War II Filipino-American veteran under this section is $2,500.

(c) The office of veterans' services shall not expend more than the amount appropriated for the fiscal year to provide burial grants for deceased World War II Filipino-American veterans.

(d) The office of veterans' services shall establish specific eligibility criteria, application and appeal procedures, service choices, and invoicing arrangements. Eligibility shall include the requirement that a World War II Filipino-American veteran was, at the time of death, a resident of the State, as evidenced by valid documentation of state residence, a State of Hawaii driver's license, or a State of Hawaii identification card.

(e) Payment shall be made by the office of veterans' services upon the submission of a contract for services on behalf of the deceased World War II Filipino-American veteran and an itemized unpaid invoice to the office.

(f) For the purposes of this section, "World War II Filipino-American veteran" means any Filipino-American veteran, who is now a citizen of the United States, who served honorably in an active duty status in any of the armed services of the United States between September 1, 1939, and December 31, 1946. [L 2003, c 101, §2]
Haw. Rev. Stat. § 348F-1 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Board" means the disability and communication access board.

"Members" means the members of the disability and communication access board. [L 1999, c 282, pt of §2]
Haw. Rev. Stat. § 353G-4 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-4
Mandatory assessment of offenders.
Status: in_force

(a) Any inmate who has been convicted of more than one offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to undergo an assessment if:

(1) The inmate refuses to undergo a drug test required under section 353G - 3;

(2) The results of the drug test conducted pursuant to section 353G - 3 reveal the presence of a controlled substance, for which the inmate has no lawful prescription, or reveals alcohol abuse or dependency;

(3) The inmate requests an assessment;

(4) The inmate admits to the unlawful use of a controlled substance within the year preceding the conviction for the present charge or admits to alcohol abuse or alcoholism;

(5) The inmate has been granted a conditional discharge within the past five years pursuant to section 712 - 1255 or any similar or predecessor law of this State, any other state, or federal law;

(6) The inmate has been sentenced within the past five years to probation or treatment during incarceration pursuant to this chapter or any similar or predecessor law of this State, any other state, or federal law; or

(7) The present or pending charge involved the use or possession of a controlled substance or alcohol.

(b) Notwithstanding the requirements of subsection (a), the department of corrections and rehabilitation or the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility may order the person to undergo an assessment if the department or agency has reason to believe that the person is drug or alcohol dependent or would otherwise benefit from an assessment.

(c) An inmate confined in a state correctional center or facility shall undergo an unannounced prerelease assessment before receiving a grant of parole or other release from the correctional center or facility if:

(1) The inmate at any time was ordered to undergo an assessment pursuant to this chapter;

(2) The inmate would have been statutorily required to undergo an assessment pursuant to this chapter had this chapter been in effect at the time the inmate was convicted for the offense for which the inmate presently is serving a term of incarceration;

(3) The inmate at any time during the inmate's incarceration committed an institutional infraction or violation that involved the use or possession of a controlled substance or alcohol; or

(4) The department of corrections and rehabilitation or the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility has reason to believe that the inmate is drug or alcohol dependent or would otherwise benefit from substance abuse or addiction treatment or related support services.

(d) An assessment required pursuant to subsection (c) shall occur within sixty days of the inmate's scheduled parole or other release from a correctional center or facility.

(e) Any assessment under this chapter shall be conducted by a substance abuse professional certified pursuant to section 321 - 193 or an assessment program in accordance with the standards, procedures, and alcohol and other drug diagnostic criteria designated or established by the department of health to determine whether and to what extent a person is drug or alcohol dependent and to provide the most cost-beneficial use of available resources. [L 1998, c 152, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353-27 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-27
Compensation; expenses.
Status: in_force

Every conservator shall be compensated for the conservator's services in an amount the judge before whom the ward's accounts are settled considers just and proper. The conservator shall also be allowed the amount of reasonable expenses.
Haw. Rev. Stat. § 349-32 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-32
[ §349-32] Aging and disability resource centers; established.
Status: in_force

[ §349-32] Aging and disability resource centers; established. (a) A statewide aging and disability resource center may be established with sites in each county to streamline access to long-term supports and services by integrating the full range of long-term supports and services into a single, coordinated system.

(b) The aging and disability resource center may be the single point of entry in every county where persons of all ages, incomes, and disabilities may access information in a person-centered manner on the full range of long-term supports and services options, including but not limited to:

(1) Federal, state, and county revenue-funded programs and services including those funded by medicaid, medicare, the Older Americans Act, the Department of Veterans Affairs, and kupuna care;

(2) A centralized application process for publicly funded long-term services and supports;

(3) Privately administered programs and services;

(4) Supports and services for persons with Alzheimer's disease and other related dementia;

(5) Transportation services;

(6) Housing options;

(7) Elder rights protection;

(8) Hospital and nursing home discharge planning and care transition;

(9) Health, prevention, and wellness programs;

(10) Support for grandparents raising grandchildren and other relatives age fifty-five years or older caring for children;

(11) Informal and family caregiver support services; and

(12) Community resources and services for individuals with disabilities.

(c) The aging and disability resource centers shall target delivery of services to:

(1) Persons sixty years of age and older;

(2) Persons of any age with physical disabilities, severe mental illness, dementia, and developmental or intellectual disabilities;

(3) Informal and family caregivers providing assistance to persons needing long-term supports and services;

(4) Professionals seeking long-term supports and services on behalf of their clients; and

(5) Persons planning for their future long-term supports and services needs.

(d) The executive office on aging shall coordinate the implementation of the statewide aging and disability resource center.

(e) The aging and disability resource center may be a function of each area agency on aging within the respective geographic service area. [L 2012, c 237, pt of §2]
Haw. Rev. Stat. § 346-253 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-253
Rules.
Status: in_force

The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part.
Haw. Rev. Stat. § 351-68 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-68
Rulemaking powers.
Status: in_force

In the performance of its functions, the commission may adopt, amend, and repeal rules and regulations, not inconsistent with this chapter, prescribing the procedures to be followed in the filing of applications and the proceedings under this chapter and such other matters as the commission deems appropriate.
Haw. Rev. Stat. § 353-10 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-10
Intake service centers.
Status: in_force

(a) There shall be within the department of corrections and rehabilitation, an intake service center for adults in each of the counties to screen, evaluate, and classify the admission of persons to community correctional centers. Each center shall be directed and managed by a manager and shall be staffed by a team of psychiatrists, social workers, technicians, and other personnel as may be necessary. The director of corrections and rehabilitation may appoint full-time or part-time professional and clerical staff or contract for professional services.

(b) The centers shall:

(1) Provide orientation, guidance, and technical services;

(2) Provide social-medical-psychiatric-psychological diagnostic evaluation;

(3) Conduct internal pretrial risk assessments on adult offenders within three working days of admission to a community correctional center; provided that this paragraph shall not apply to persons subject to county or state detainers or holds, persons detained without bail, persons detained for probation violation, persons facing revocation of bail or supervised release, and persons who have had a pretrial risk assessment completed prior to admission to a community correctional center. For purposes of this paragraph, "pretrial risk assessment" means an objective, research-based, validated assessment tool that measures an offender's risk of flight, risk of criminal conduct, and risk of violence or harm to any person or the general public while on pretrial release pending adjudication. The pretrial risk assessment tool and procedures associated with its administration shall be periodically reviewed and subject to further validation at least every five years to evaluate the effectiveness of the tool and the procedures associated with its administration. The findings of periodic reviews shall be publicly reported;

(4) Provide correctional prescription program planning and security classification;

(5) Provide other personal and correctional services as needed for both detained and committed persons;

(6) Monitor and record the progress of persons assigned to correctional facilities who undergo further treatment or who participate in prescribed correctional programs;

(7) Provide continuing supervision and control of persons ordered to be placed on pretrial supervision by the court and persons ordered by the director;

(8) Make inquiry with the offender concerning the offender's financial circumstances and include this information in the bail report; provided that the department of corrections and rehabilitation's pretrial services officers shall be provided limited access for the purpose of viewing other state agencies' relevant data related to an offender's employment wages and taxes;

(9) Provide pretrial bail reports to the courts on adult offenders, within three working days of admission of the offender to a community correctional center, that are ordered by the court or consented to by the offender. A complete copy of the executed pretrial risk assessment delineating the scored items, the total score, any administrative scoring overrides applied, and written explanations for administrative scoring overrides, shall be included in the pretrial bail report. The pretrial bail reports shall be confidential and shall not be deemed to be public records. A copy of a pretrial bail report shall be provided only:

(A) To the defendant or defendant's counsel;

(B) To the prosecuting attorney;

(C) To the department of corrections and rehabilitation;

(D) To any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order;

(E) Upon request, to the adult client services branch; and

(F) In accordance with applicable laws, persons, or entities doing research. The research entity must be approved and contracted by the department of corrections and rehabilitation to protect the confidentiality of the information, insofar as the information is not a public record. [L 1987, c 338, pt of §3; am L 1989, c 211, §8; am L 1996, c 130, §2; am L Sp 2009, c 24, §1; am L 2012, c 76, §3, c 139, §§3, 14(4) and c 141, §1; am L 2013, c 67, §§1, 2; am L 2019, c 179, §13; am L 2022, c 278, §29]
Haw. Rev. Stat. § 349-42 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-42
[ §349-42] Cognitive assessments for qualified patients.
Status: in_force

[ §349-42] Cognitive assessments for qualified patients. (a) The cognitive assessment provided to qualified patients at an annual wellness visit shall be conducted using standardized, validated assessment tools.

(b) A qualified patient may decline the use of a standardized, validated cognitive assessment tool after being informed of its purpose, benefits, and any risks. [L 2025, c 286, pt of §2]
Haw. Rev. Stat. § 353-12.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-12.5
Public assistance; inmates; monthly reports to department of human services.
Status: in_force

Beginning January 31, 2010, to assist the department of human services to enforce section 346-29(b), the director shall prepare and transmit to the department of human services monthly reports listing all inmates newly admitted during the previous month to any correctional facility within the State; provided that no later than December 31, 2009, the director shall transmit to the department of human services an initial list of all inmates within the department of corrections and rehabilitation's correctional facilities statewide.
Haw. Rev. Stat. § 350B-2 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-2
Creation of the Hawaii children's trust fund.
Status: in_force

(a) There is established the Hawaii children's trust fund as a separate fund of the Hawaii Community Foundation, a Hawaii nonprofit corporation. Moneys received from the state, county, or federal government, income tax remittances allocated under section 235-102.5, and private contributions of cash and other property, and the income and capital gains earned by the fund shall constitute the trust fund assets.

(b) The Hawaii Community Foundation shall have the responsibility for the expenditure of moneys from the trust fund for the purposes of this chapter.

(c) The purpose of the trust fund is to strengthen families primarily by the award of grants for primary and secondary prevention activities to prevent child abuse and neglect.

(d) The fund may receive contributions, grants, or gifts in cash or otherwise from all sources. The legislature intends that the public and private sectors work together as partners in securing contributions for the fund. The State may donate moneys to the trust fund by legislative appropriation; provided that any appropriations made by the State are not intended to supplant the funding of existing prevention programs.

(e) There shall be an endowment component of the Hawaii children's trust fund.

(f) The aggregate principal sum deposited in the Hawaii children's trust fund, and any income and capital gains earned by the trust fund but not expended for grantmaking or administration, shall be invested in accordance with the provisions of the Hawaii Community Foundation in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.

(g) The department of health shall serve as the lead agency for the public sector and, in conjunction with the Hawaii Community Foundation, may provide staffing for the board, the coalition, and advisory committee.

(h) Results of the annual audit of the Hawaii Community Foundation shall be submitted to the department of health not later than thirty days from the date the Hawaii Community Foundation receives the audit results. The Hawaii Community Foundation shall retain for three years all documents, papers, books, records, and other material pertinent to the fund and audit. The Hawaii Community Foundation shall permit the department of health, the department of accounting and general services, the legislature, and the auditor, or their authorized representatives, to inspect and have access to any of these materials.

(i) In the event of the termination of the trust fund or the dissolution of the Hawaii Community Foundation, the unspent appropriations made by the State, if any, shall revert back to the State. Any other amounts remaining in the Hawaii children's trust fund shall be distributed at the recommendation of the board. [L 1993, c 336, pt of §2; am L 2004, c 228, §4]
Haw. Rev. Stat. § 352-24 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-24
Juvenile parole program.
Status: in_force

The director shall establish a program of juvenile parole. The duties of the juvenile parole officer shall include:

(1) Assisting in locating appropriate residential placement for paroled persons;

(2) Efforts to obtain suitable employment for paroled persons;

(3) Assisting a paroled person in adjusting to community life by familiarizing the person with available community resources and providing opportunities for counseling;

(4) Maintaining a record of all paroled persons and periodically updating information therein concerning the residence, employment, and wages, and such details concerning the person's health, conduct, and environment as may come to the juvenile parole officer's attention either from reports or through the officer's own personal investigation;

(5) To make such other investigations, secure such other information and data, perform such other duties, and make such other reports, in addition to those which may be required by law, as may be required by the director. [L 1980, c 303, pt of §8(1); am L 1987, c 132, §2]
Haw. Rev. Stat. § 356D-7 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-7
Fair housing law to apply.
Status: in_force

Notwithstanding any law to the contrary, chapter 515 shall apply in administering this chapter.
Haw. Rev. Stat. § 346-39.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-39.5
Unclaimed financial assistance balances in electronic benefit transfer accounts.
Status: in_force

If there is a balance of financial assistance benefits in an electronic benefit transfer account, that balance shall revert back to the program's appropriation from which the funds were expended upon the death of a client who has no surviving family member receiving assistance in the same financial assistance case or upon abandonment of the financial assistance account. Prior to the reversion to the program's appropriation from which the funds were expended, the department may use the balance of the household's electronic benefit transfer account to offset any outstanding overpayments still owed by the household.

For purposes of this section, financial assistance benefits refer to cash payments authorized by the department to be issued through the electronic benefit transfer system. A financial assistance account shall be considered abandoned when there is no debit transaction to the account for a period of ninety consecutive calendar days. [L 1997, c 199, §2; am L 1999, c 213, §2]
Haw. Rev. Stat. § 346-53.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.3
Temporary assistance for needy families and food stamps for individuals with a felony conviction which has as an element the possession, use, or distr
Status: in_force

Section 115(a) of Public Law 104-193 shall not apply in Hawaii to persons who are complying with treatment or who have not refused or failed to comply with treatment.
Haw. Rev. Stat. § 346-32 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-32
Application of chapter 386 to persons in need of public assistance assigned to work projects.
Status: in_force

Chapter 386 shall apply to recipients of public assistance assigned to work on public projects pursuant to section 346-31, who shall be deemed employees for the purposes of chapter 386, and an award may be made against the State or a county or other public body according to the project upon which the person injured was engaged at the time of the injury.
Haw. Rev. Stat. § 350C-1 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-1
Findings and purposes.
Status: in_force

The legislature finds that to obtain adoptive families for children with special needs, states must assure prospective adoptive parents of substantial assistance in meeting the high costs of supporting and providing for the child's special needs. The purpose of this chapter is to authorize the department of human services to enter into interstate agreements for the protection of children who receive adoption assistance from the State.
Haw. Rev. Stat. § 346-175 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-175
Visitation and inspection of family child care home; revocation of registration.
Status: in_force

(a) The department shall visit and inspect the premises and operation of a family child care home to determine compliance with the minimum requirements established under section 346-172:

(1) At least once in each calendar year; and

(2) Upon receipt of a complaint that the premises or operation of the home is in violation of the minimum requirements established under section 346-172.

(b) If the visitation and inspection reveal that the premises or operation of the home is in violation of a minimum requirement, the department shall immediately suspend or revoke the registration. Upon suspension or revocation, the home shall no longer be a registered family child care home and the department shall notify the parents or legal guardian of each child who is provided care in the home of the revocation.

A person whose registration has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation. If an appeal is made under chapter 91, the appeal of the suspension or revocation, and not the suspension or revocation itself, shall be deemed the contested case.

The department shall suspend the registration if the violation of the minimum requirement is the first violation of the provider and the violation does not warrant a revocation of the registration. The department shall revoke the registration if the provider has violated any minimum requirement or requirements to such an extent or of a nature that the provider is unfit to be trusted with the care of children or operation of a family child care home or if the provider has had the provider's registration suspended at least once previously.

(c) The department may reinstate a suspended registration or restore a revoked registration if it deems that the person is willing and able to comply with the rules adopted under section 346-172. A suspended registration may be reinstated upon the department's satisfaction that the violation has been or will be corrected. A revoked registration shall be restored only after new application is made and reviewed under this subpart. [L 1985, c 208, pt of §2]
Haw. Rev. Stat. § 353-13 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13
Examination by medical officer.
Status: in_force

The medical officer of a correctional facility shall carefully examine any committed person upon admission and shall establish a medical record and enter therein a statement of the committed person's physical condition upon entry and all subsequent medical treatment and examination made while such person is residing at a state correctional facility.
Haw. Rev. Stat. § 352-30 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-30
Delegation of responsibilities.
Status: in_force

The director may delegate any of the director's responsibilities pursuant to this chapter to a representative of the department except those that relate to discretionary discharge before the term of the person's commitment has ended.
Haw. Rev. Stat. § 346-401 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-401
Court proceedings.
Status: in_force

(a) The court shall conduct all proceedings under this part without a jury.

(b) The general public shall be excluded from these proceedings. Only parties found by the court to have a direct interest in the case shall be admitted to the proceeding.

(c) Except with respect to the department or the young adult, the court may limit a party's right to participate in any proceeding if the court deems the limitation to be consistent with the best interests of the young adult.

(d) All documents, reports, and records under this part shall be confidential and shall not be released to any third party without the consent of the young adult or the consent of the court for good cause shown. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 350-1.15 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.15
Orientation and training.
Status: in_force

To improve the identification of child abuse and neglect, the department shall offer periodic orientation and training to those responsible for making child abuse and neglect reports pursuant to section 350-1.1.
Haw. Rev. Stat. § 346-158 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-158
No smoking in child care facilities.
Status: in_force

Smoking shall be prohibited in all group child care homes, group child care centers, and family child care homes during their hours of operation.
Haw. Rev. Stat. § 346-29.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-29.3
Medical assistance application information; annual report; public disclosure.
Status: in_force

(a) Each applicant for medical assistance under any program administered by the department shall identify the employer of the proposed beneficiary of medical assistance. If the proposed beneficiary is unemployed, the applicant for medical assistance shall identify the employer of any adult who is responsible for providing all or some of the proposed beneficiary's support.

For the purposes of this section, "proposed beneficiary" means any person who files an application for health care benefits or hospital care for the person, or any other individual on whose behalf an application is filed, including children or other dependents of the applicant.

(b) Before October 1 of each year, the department shall submit to the legislature a written annual report identifying all employers identified pursuant to subsection (a) who employ twenty-five or more beneficiaries of medical assistance programs administered by the department. In determining whether the twenty-five-employee threshold is met, the department shall include all beneficiaries employed by the employer and its subsidiaries at all locations within the State. In the event the department requires assistance to ascertain information, such as an employer's subsidiaries or location, the department shall consult with the department of commerce and consumer affairs. The report shall include:

(1) Each employer's name and names of subsidiaries, if appropriate, that employ beneficiaries of department medical assistance programs;

(2) The location of the employer;

(3) For each department medical assistance program, the total number of the employer's employees and dependents who are enrolled in the program; and

(4) The total cost to the State per year of providing medical assistance benefits for the employees and enrolled dependents of each identified employer.

The report shall not include the name of any individual medical assistance program beneficiary and shall be subject to applicable privacy standards established under federal medicaid regulations and the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

(c) The department shall make the annual report available to the public through any means the director deems appropriate. [L Sp 2005, c 10, §2]
Haw. Rev. Stat. § 352D-6 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-6
Organizational structure.
Status: in_force

The office of youth services shall be composed of such divisions and sections as are deemed necessary by the director to:

(1) Provide diagnostic evaluation, treatment, and rehabilitation services for all youths referred to services provided by the office or placed in the office's custody by the family court;

(2) Provide supervision and counseling services for youth in shelter or correctional facilities under the office's jurisdiction, including community-based facilities;

(3) Provide educational, vocational-educational, and other programs to effectively occupy the time of the youth placed in a facility under the office's jurisdiction which promote the development of self-esteem and useful skills to prepare youths in becoming productive members of the community;

(4) Provide continuous program planning, development, and coordination of youth services, including the coordination with other government and private social service agencies that work with youths to ensure that a full-range of programs is available and that such programs are consistent with the policy of this chapter and are not unnecessarily duplicative or conflicting;

(5) Provide prevention services to include a comprehensive intake/assessment and information/referral system throughout the State which shall access services to youth and their families;

(6) Provide a case management system based on the individual needs of youth which shall provide for in-depth client assessment, appropriate service planning, and client advocacy;

(7) Provide for the implementation of chapter 352, youth correctional facilities and other needed correctional services, including ensuring that these facilities and services meet the present and future needs of youth under the jurisdiction of the youth correctional facilities;

(8) Facilitate the development of and, when appropriate, provide for training programs for persons offering services to youth at risk;

(9) Provide for technical assistance and consultation to providers and potential providers;

(10) Seek, apply for, and encourage the use of all federal funds for youth services and facilitate the coordination of federal, state, and local policies concerning services for youth;

(11) Prepare and submit an annual report to the governor and the legislature. This report shall include, but not be limited to, a review of the status of youth services within the State, recommendations for priorities for the development and coordination of youth services; and

(12) Monitor, evaluate, and audit all grants under chapter 42F, and purchase of services under chapter 103F which relate to the office of youth services. [L 1989, c 375, pt of §1; am L 1990, c 34, §22; am L 1991, c 151, §2 and c 335, §12; am L 2014, c 96, §20]
Haw. Rev. Stat. § 346-392 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-392
Definitions.
Status: in_force

As used in this part, unless the context clearly indicates otherwise:

"Case plan" means a plan developed by the department, in consultation with the young adult, as developmentally appropriate, containing a written description of the programs and services that will help the young adult transition from foster care to independent living.

"Court" means one of the family courts established pursuant to chapter 571.

"Department" means the department of human services and its authorized representatives.

"Foster custody" means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order as set forth in chapter 587A.

"Party" means the department or the young adult who is subject to a proceeding brought under this part and may include any other person whose participation the court finds is in the best interest of the young adult.

"Permanent custody" means the legal status created by order of the court after the termination of parental rights as set forth in chapter 587A.

"Young adult" means a person who has attained the age of eighteen or older, but is less than twenty-one years of age. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 353G-15 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-15
Accreditation and standards.
Status: in_force

All treatment programs and assessment programs providing services pursuant to this chapter shall be accredited by the department of health. In addition, the department of health shall designate accredited treatment programs and assessment programs that have special skills in providing treatment services and assessment services to persons involved in or referred from the criminal justice system. The department of health shall develop program standards to ensure the provision of the full continuum of care for persons ordered to participate in a treatment program pursuant to this chapter. The standards shall address, but need not be limited to, the following:

(1) Defining the continuum of care;

(2) Matching persons to appropriate treatment programs; and

(3) Recruiting and hiring practices representative of the population to be treated, including individuals in recovery from alcohol and other drug abuse and addiction. [L 1998, c 152, pt of §2]
Haw. Rev. Stat. § 352-5 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-5
Staff standards and training.
Status: in_force

The director shall establish written standards of conduct and operation to govern each staff member during working hours. New staff members shall undergo initial training to prepare them to comply with the standards. Attendance at periodic training sessions shall be mandatory to increase staff members' effectiveness in carrying out their duties. For purposes of this section, "staff member" means any employee of the Hawaii youth correctional facilities who is directly involved with the treatment and care of persons committed to a facility.
Haw. Rev. Stat. § 350-1.1 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.1
Reports.
Status: in_force

(a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:

(1) Any licensed or registered professional of the healing arts or any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including but not limited to physicians, including physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;

(2) Employees or officers of any public or private school;

(3) Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance;

(4) Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, department of law enforcement, correctional institutions, and parole or probation offices;

(5) Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution;

(6) Medical examiners or coroners;

(7) Employees of any public or private agency providing recreational or sports activities;

(8) Commercial film and photographic print or image processors;

(9) Commercial computer technicians; and

(10) Members of the clergy or custodians of records therefor; provided that a member of the clergy shall not be required to report information gained solely during a penitential communication, except when the clergy member believes that there exists a substantial risk that child abuse or neglect that is especially heinous, atrocious, or cruel, manifesting exceptional depravity, may occur in the reasonably foreseeable future. When a clergy member receives reportable information from any source other than a penitential communication, the clergy member shall comply with the reporting requirements of this section, regardless of whether the clergy member received the same information during a penitential communication. For purposes of this paragraph:

"Especially heinous, atrocious, or cruel, manifesting exceptional depravity" has the same meaning as in section 706-657.

"Penitential communication" means a communication, including a sacramental confession, that is intended to be kept confidential and is made to a member of the clergy who, in the course of the discipline or practice of the applicable religious organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the applicable religious organization, has a duty to keep those communications secret.

(b) Whenever a person designated in subsection (a) is a member of the staff of any public or private school, agency, or institution, that staff member shall immediately report the known or suspected child abuse or neglect directly to the department or to the police department and also shall immediately notify the person in charge or a designated delegate of the report made in accordance with this chapter.

(c) The initial oral report shall be followed as soon as possible by a report in writing to the department; provided that:

(1) If a police department or the department of law enforcement is the initiating agency, a written report shall be filed with the department for cases that the police or the department of law enforcement takes further action on or for active cases in the department under this chapter;

(2) All written reports shall contain the name and address of the child and the child's parents or other persons responsible for the child's care, if known; the military status of the child's parents or other persons responsible for the child's care, if known; the child's age; the nature and extent of the child's injuries; and any other information that the reporter believes might be helpful or relevant to the investigation of the child abuse or neglect; and

(3) This subsection shall not be construed to serve as a cause of action against the department, the police, or the department of law enforcement.

(d) Any person subject to subsection (a), upon demand of the department or any police department, shall provide all information related to the alleged incident of child abuse or neglect, including but not limited to medical records and medical reports and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (c).

(e) The director may adopt, amend, or repeal rules, subject to chapter 91, to further define or clarify the specific forms of child abuse or neglect enumerated in section 350-1 for use in implementing this chapter; provided that rules adopted under this subsection shall be limited to such further or clarifying definitions. [L 1967, c 261, §2; HRS §350-1; am L 1970, c 21, §1 and c 105, §5; am L 1975, c 147, §1; am L 1977, c 81, §2; am L 1979, c 171, §1; am L 1981, c 59, §1; ren and am L 1982, c 77, §2; am L 1985, c 17, §1 and c 208, §3; am L 1987, c 204, §4 and c 339, §4; am L 1988, c 323, §2; am L 1998, c 134, §4; am L 1999, c 271, §4; am L 2000, c 248, §1; am L 2006, c 159, §1 and c 193, §2; am L 2020, c 35, §3; am L 2022, c 278, §17; am L 2023, c 80, §2; am L 2025, c 260, §1]
Haw. Rev. Stat. § 346D-1 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-1
Definitions.
Status: in_force

For the purpose of this chapter:

"Comprehensive home and community-based services" means the provision of a broad range of services, not otherwise available under the approved medicaid state plan, which the waiver program individual needs in order to avoid institutionalization for an indefinite period of time.

"Critical access hospital" means a hospital located in the State that is included in Hawaii's rural health plan approved by the federal Centers for Medicare and Medicaid Services and approved as a critical access hospital by the department of health as provided in Hawaii's rural health plan and as defined in title 42 United States Code section 1395i-4.

"Home care agency" means an agency licensed by the State to do business in Hawaii that provides home care services such as personal care, personal assistance, chore, homemaker, and nursing services in the individual's home.

"Residential alternative" means a community-based residence authorized to admit waiver program individuals, such as an adult foster home, adult residential care home, domiciliary care home, or foster home for the developmentally disabled.

"Service plan" means a written plan that specifies the services, along with their frequency and their provider, necessary to maintain the individual in the community as a cost-effective alternative to institutionalization.

"Waiver program" means the medicaid home and community-based services programs under 42 U.S.C. section 1396n. [L 1983, c 192, §2; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1989, c 154, §1; am L 1998, c 294, §2; am L 2000, c 226, §§3, 9; am L 2004, c 148, §2; am L 2011, c 43, §10]
Haw. Rev. Stat. § 350C-5 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-5
Optional contents of compacts.
Status: in_force

A compact entered into pursuant to this chapter may:

(1) Establish procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws;

(2) Contain other provisions as may be appropriate or incidental to the proper administration of the compact. [L 1986, c 110, pt of §1]
Haw. Rev. Stat. § 353D-1 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-1
Findings and purpose.
Status: in_force

The legislature finds and declares that maintaining an inmate's family and community relationships is an effective correctional technique which reduces recidivism. The legislature further finds that enhancing visitor services increases the frequency and quality of visits, thereby discouraging violent prisoner activity; and that the location of prisons and the lack of services to assist visitors presently impedes visiting.
Haw. Rev. Stat. § 367D-8 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-8
Annual report.
Status: in_force

The department of corrections and rehabilitation and the office of youth services shall submit an annual report to the legislature no later than twenty days before the convening of each regular session on the following areas: program descriptions, type and costs of contracts made, name of the private agency awarded each contract, and the success of each contract in meeting program specifications. The report shall detail the development of the comprehensive continuum of care to address the gender-responsive needs of Hawaii's female offenders and female adjudicated youth both in-state and abroad. The report shall also highlight the existing gaps in the system and include recommendations for resources needed to reach a seamless continuum of care and other relevant information concerning the creation of a gender-responsive environment for female offenders and female adjudicated youth.
Haw. Rev. Stat. § 346-39 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-39
Legal representative.
Status: in_force

The attorney general and the county attorneys and corporation counsel shall act as legal representatives of the department of human services when so requested.

Revision Note

Reference to "corporation counsel" added to conform to county charters.
Haw. Rev. Stat. § 350-3 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-3
Immunity from liability.
Status: in_force

(a) Anyone participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of such report, including persons who otherwise provide information or assistance, including medical evaluations or consultation, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.

(b) Any individual who assumes a duty or responsibility pursuant to section 350-2 or chapter 587A shall have immunity from civil liability for acts or omissions performed within the scope of the individual's duty or responsibility. Nothing in this section shall limit the liability of the department, any other state agency, or any private organization for the conduct of individuals provided immunity herein. [L 1967, c 261, §4; HRS §350-3; am L 1986, c 229, §1; am L 1987, c 204, §7 and c 339, §4; am L 2010, c 135, §7; am L 2021, c 26, §2]
Haw. Rev. Stat. § 346-249 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-249
Cooperation.
Status: in_force

Every public official or department shall render all assistance and cooperation within the official's or department's power and that may further the purpose and objectives of this part. The department and the court may seek the cooperation of organizations whose objectives are to protect or aid vulnerable adults.
Haw. Rev. Stat. § 346-185 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-185
[ §346-185] Preschool open doors; procurement exemption.
Status: in_force

[ §346-185] Preschool open doors; procurement exemption. Effective July 1, 2020, any expenditure of funds by the department to implement, operate, or expand the preschool open doors program may be made without regard to chapters 103D and 103F.
Haw. Rev. Stat. § 367D-2 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-2
Model programs; department of corrections and rehabilitation.
Status: in_force

Subject to funding by the legislature, the director of corrections and rehabilitation shall foster a gender-responsive environment by providing model gender-responsive programs for female offenders that are responsive to statewide needs and geographical areas and shall award contracts for the programs. The gender-responsive environment and programs shall:

(1) Respond in a rehabilitative way to the type of offenses female offenders generally commit and address pathways to crime;

(2) Respond to the problems of female offenders with dependent children;

(3) Respond to the importance of developing self-determination through independent living and marketable job skills;

(4) Assist female offenders in overcoming their own extreme degree of dependency by developing and fostering strong and healthy relationships without losing self-esteem;

(5) Respond appropriately to the specific health care needs of women, including but not limited to mental health and substance abuse services;

(6) Offer transitional support for female offenders and their families to promote successful reentry into their families and communities; and

(7) Offer technical assistance and training toward the implementation of other similar programs. [L 2006, c 258, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 352D-3 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-3
Definitions.
Status: in_force

As used in this chapter:

"Executive director" means the executive director of the office of youth services.

"Office" means the office of youth services.

"Young adult at risk" or "young adult" means any adult between the ages of eighteen and twenty-four who has been arrested, who has had contact with the police, who is experiencing social, emotional, psychological, educational, or physical problems, and who is no longer eligible for child protective services provided by the State due to the adult's age. "Youth at risk" or "youth in need of services" means any youth who has been arrested, or who has had contact with the police, or who is experiencing social, emotional, psychological, educational, moral, physical, or other similar problems.

"Youth service system" means any youth services, facilities, or community-based programs provided through the family court and public and private agencies receiving state funds.

"Youth services" means public or privately funded programs which provide developmental, preventive, protective, recreational, treatment or rehabilitative services for youth at risk including: after school programs, foster care services, residential group homes, independent living programs; child nurturing and family living programs; camps; playground programs; services to youth with school-related problems including educational neglect; services to youth who are found to be subject to neglect, abuse, or exploitation; employment/training programs; diagnostic, preventive, and remedial medical and mental health services to youth, including chemically dependent, physically, mentally, and emotionally disabled and handicapped youth; information and referral services; and legal services to assure the rights of youth. [L 1989, c 375, pt of §1; am L 2018, c 208, §4]
Haw. Rev. Stat. § 356D-11.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-11.5
Broadband infrastructure.
Status: in_force

(a) Each public housing project or state low-income housing project that is built or reconstructed after January 1, 2023, shall be built or reconstructed with all broadband infrastructure that is necessary for tenants to have access to broadband service.

(b) As used in this section:

"Broadband infrastructure" means the medium used to provide broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wireless networks, and worldwide interoperability for microwave access.

"Broadband service" means an always-on service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, which enables end users to access the Internet and use a variety of applications at minimum speeds established by the Federal Communications Commission. "Broadband service" does not include wireless network infrastructure or facilities used to provide wireless services over a licensed spectrum.

"State low-income housing project" has the same meaning as in section 356D-51. [L 2022, c 234, §1; am L 2023, c 194, §2]
Haw. Rev. Stat. § 349-7 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-7
Recognition as responsible state agency.
Status: in_force

The executive office on aging shall be the single state agency responsible for programs affecting senior citizens of this State; provided that those programs affecting senior citizens now operated by other departments or agencies shall not be transferred to the executive office on aging except by executive order of the governor.
Haw. Rev. Stat. § 346-104 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-104
Refusal to work; ineligibility for public assistance.
Status: in_force

The department shall adopt rules pursuant to chapter 91 rendering any person ineligible for public assistance if the person refuses to accept suitable work as provided by public service employment without justifiable reason.
Haw. Rev. Stat. § 346-20 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-20
§§346-20 to 346-25 REPEALED.
Status: repealed

§§346-20 to 346-25 REPEALED. L 1985, c 208, §4.
Haw. Rev. Stat. § 363-5 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-5
Councils' responsibility; burial of service members, veterans, and dependents; office of veterans' services approval.
Status: in_force

(a) The councils of the counties of Hawaii, Kauai, and Maui shall each provide for the establishment of the veterans cemetery or cemeteries to be located within their respective counties, which includes grading, filling, leveling, platting, paving of roadways and walks, installation of curbs, building of fences, planting of grass, trees and shrubs, erection of memorial buildings and monuments, and building of other necessary or convenient structures, and shall make provisions for the maintenance and upkeep of the cemetery or cemeteries. The councils shall each provide for the interment of the remains, of:

(1) Service members who died while in the armed forces of the United States;

(2) Eligible veterans who entered military service after September 7, 1980, as an enlisted person, or after October 16, 1980, as an officer, and served a minimum of twenty-four continuous months or the full period for which the person was called to active duty, as in the case of a reservist;

(3) Eligible veterans who were discharged under conditions other than dishonorable of the armed forces of the United States with either peacetime or wartime service; and

(4) The wife, husband, minor children, or unmarried disabled adult children, who predecease a service member or veteran who would be entitled to interment, in any state veterans cemetery.

The cost of transportation of the remains to the county of interment shall be borne by the family or estate of the deceased.

(b) The determination of eligibility for burial within any state veterans cemetery shall be in accordance with current Veterans Affairs and National Cemeteries Administration Regulations.

(c) Prior to any county action that may:

(1) Have an adverse financial impact upon the State's fiscal obligation to establish and maintain veterans cemeteries; or

(2) Impair or conflict with federal requirements that are a prescribed condition for the allocation of federal funds,

the county shall obtain approval of the action from the office of veterans' services. In the event of any disagreement between any county and the office of veterans' services over whether this subsection applies, the decision of the office of veterans' services shall control. [L 1947, c 214, §2; RL 1955, §348-2; am L 1957, c 131, §1; HRS §363-5; am L 1972, c 94, §1; am L 2012, c 307, §§1, 4; am L 2013, c 41, §1; am L 2014, c 197, §1]
Haw. Rev. Stat. § 353-20 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-20
Custody of moneys; accounts for committed persons, etc.
Status: in_force

All sums collected under this chapter and any other authorized sources shall be deposited by the department into one or more accounts with one or more financial institutions opened by the department for the specific purpose of maintaining committed persons' funds. The department shall maintain accounts for each committed person to allow committed persons use of their own funds for approved expenses and purchases during incarceration. The director may designate a percentage of all funds earned by the committed person while in custody to be deposited and held in a nonspendable account for the purpose of providing funds for that same committed person upon release from custody. The structure of these accounts shall be designed so that all funds deposited by or for a committed person shall be credited to the accounts. Accounts maintained by the department for committed persons shall not bear interest. No interest of any kind shall be paid to a committed person on any account maintained by the department for the committed person. The department shall provide quarterly accounting statements to all committed persons held in custody for over one quarter of the year. The department shall conduct annual audits on all committed persons' accounts.
Haw. Rev. Stat. § 356D-92 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-92
Termination and eviction.
Status: in_force

(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:

(1) Failure to pay rent when due;

(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;

(3) Violation of any of the rules of the authority;

(4) Failure to maintain the dwelling unit in a clean, sanitary, and habitable condition;

(5) Upon a third violation of section 356D-6.5; provided that a violation of any of these terms by a nonresident, a guest who is visiting a resident, or by any member of the resident's household shall be deemed a violation by the resident;

(6) Conviction of a felony committed during the term of the tenancy for an act that:

(A) Occurs on the authority's premises or affects the authority's property, including its administrative offices, its employees, or its employees' property or vehicles; or

(B) Is related to the authority's funds; or

(7) The existence of any other circumstances giving rise to an immediate right to possession by the authority.

(b) When any tenant has been delinquent in payment of rent, the authority, either directly or through its managing agent, shall provide the tenant with a written notice in accordance with requirements imposed under federal law and regulation (24 C.F.R. part 966) that shall inform the tenant of the delinquency. [L 2006, c 180, pt of §2; am L 2007, c 193, §4 and c 249, §37; am L 2012, c 160, §1; am L 2014, c 91, §2; am L 2019, c 206, §1]
Haw. Rev. Stat. § 353-13.6 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.6
Involuntary medical treatment criteria.
Status: in_force

(a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that:

(1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others;

(2) Treatment with medication is medically appropriate; and

(3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee.

(b) For the purposes of this section:

"Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility.

"Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2 ; am L 2016, c 35, §1 ]
Haw. Rev. Stat. § 353C-9 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-9
Department accreditation required.
Status: in_force

The department shall pursue and obtain accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc., for all divisions and sections within the department.
Haw. Rev. Stat. § 351-62.6 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-62.6
Compensation fee.
Status: in_force

(a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

(1) Not less than $105 nor more than $505 for a felony;

(2) $55 for a misdemeanor; and

(3) $30 for a petty misdemeanor.

The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.

(b) The criteria of section 706-641 may apply to this section. In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:

(1) The seriousness of the offense;

(2) The circumstances of the commission of the offense;

(3) The economic gain, if any, realized by the defendant;

(4) The number of victims; and

(5) The defendant's earning capacity, including future earning capacity.

(c) The compensation fee shall be considered a civil judgment. [L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2; am L 2005, c 144, §1]
Haw. Rev. Stat. § 351-62.5 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-62.5
Crime victim compensation special fund; when payments authorized.
Status: in_force

(a) There is established a crime victim compensation special fund from which the commission may make payments as provided in subsection (b). The fund shall be administered by the director of corrections and rehabilitation for purposes of this chapter. Interest and investment earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward for the next fiscal year.

(b) Where the commission has made an award pursuant to this chapter, the commission shall make the payments to or on behalf of the victim or one or more of the dependents of a deceased victim, or to or for the benefit of other persons who have suffered pecuniary loss or incurred expenses on account of hospital, medical, funeral, or burial expenses as a result of the victim's injury or death. Victims or dependents entitled to receive awards shall be notified of the option to have payments made on their behalf to other designated persons. Payments made pursuant to this section shall not exceed the total amount of the award.

(c) The amount appropriated under section 351-70 shall be redeposited into the fund and applied to other payments as authorized by the commission.

(d) Funds received pursuant to section 354D-12(b)(1) and amounts received pursuant to sections 351-35, 351-62.6, 351-63, 706-605, and 853-1 shall be deposited into the crime victim compensation special fund. Moneys received shall be used for compensation payments, operating expenses, salaries of positions as authorized by the legislature, and collection of fees. The commission may enter into memorandums of agreement with the judiciary for the collection of fees by the judiciary; provided that no funds shall be deposited by the judiciary into the crime victim compensation special fund until collected. [L 1972, c 61, §1f; am L 1974, c 204, §1; am L 1988, c 322, §1; am L 1992, c 125, §1; am L 1993, c 219, §3; am L 1998, c 206, §3 and c 240, §§5, 7; am L 1999, c 278, §§4, 7; am L 2000, c 115, §1; am L 2001, c 176, §2; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-36 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-36
Assistance payments, subject to change or repeal.
Status: in_force

All public assistance granted under this chapter shall be deemed to be granted and held subject to any amending or repealing act that may be passed and no recipient under this chapter shall have any claim for compensation or otherwise by reason of the recipient's assistance being affected in any way by any such amending or repealing act.
Haw. Rev. Stat. § 356D-66 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-66
Judicial review.
Status: in_force

(a) Any tenant aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive the appellant of adequate relief is entitled to judicial review thereof under this subpart.

(b) Except as otherwise provided in this section, proceedings for review shall be instituted in the circuit court within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the authority pursuant to the rules of the court, except where a statute provides for a direct appeal to the intermediate appellate court. In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court, including payment of the fee prescribed by section 607-5 for filing the notice of appeal. The court in its discretion may permit other interested persons to intervene.

(c) The proceedings for review shall not stay enforcement of the decision of the authority; provided that the authority or the reviewing court may order a stay upon terms as it deems proper.

(d) Within twenty days after the determination of the contents of the record on appeal in the manner provided by the rules of court, or within such further time as the court may allow, the authority shall transmit to the reviewing court the record of the proceeding under review. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the evidence is material and good cause exists for the failure to present the evidence in the proceeding before the authority, the court may order the authority to hear the evidence upon the conditions as the court deems proper. The authority may modify its findings, decision, and order by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modification of its findings, decision, or order.

(f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the authority and not shown in the record, testimony thereon may be taken in court. The court, upon request by any party, may hear oral arguments and receive written briefs.

(g) Upon review of the record, the court may affirm the decision of the authority or remand the case with instructions for further proceedings, or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority or jurisdiction of the authority;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. [L 2018, c 204, pt of §1]
Haw. Rev. Stat. § 350E-2 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-2
Financial responsibility for child placed under compact.
Status: in_force

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V of the compact in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions under any other chapter also may be invoked.
Haw. Rev. Stat. § 353D-5 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-5
Purposes.
Status: in_force

The purposes of the program and center are to provide the following services to families of offenders:

(1) Provision of clothing donated to the center by private organizations or individuals;

(2) Information on regulations and procedures governing visits;

(3) Referral to other agencies and services; and

(4) A shelter area, outside of the security perimeter, for visitors and visitors' children who are waiting before or after visits. [L 1987, c 251, pt of §1]
Haw. Rev. Stat. § 346-53.4 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.4
Reimbursement to expanded adult residential care home operators.
Status: in_force

Qualified expanded adult residential care home operators under section 321-15.62 who accept residents certified by the department as requiring skilled nursing facility level care shall be reimbursed based on the severity of the resident's disability.
Haw. Rev. Stat. § 354D-9 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-9
Rules.
Status: in_force

The director shall adopt rules in accordance with chapter 91 to carry out the purposes of this chapter.
Haw. Rev. Stat. § 346-388.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-388.3
Ohana zones program; establishment; reports.
Status: in_force

(a) There is established within the office the ohana zones program to provide temporary housing and services to homeless individuals and families based on principles similar to the housing first program.

(b) The office shall determine the number and locations of ohana zone sites, which shall be situated on public or private lands in accordance with subsection (c).

(c) The office may coordinate with public or private entities, as appropriate, to develop and implement the ohana zones program; provided that:

(1) If any public land under the jurisdiction of a state or county agency is determined to be suitable for use as an ohana zone, the office shall:

(A) Work with the appropriate state or county agency that controls the land to transfer the land designated for use as an ohana zone to an agency whose mission is more suited to the management of ohana zones; and

(B) Work with the appropriate state or county agency that controls the land and its construction agency to ensure that an ohana zone's infrastructure needs are met and minimize adverse impacts to the environment, including to nearshore resources, such as corals, reef fish, and seabirds;

(2) Use of any private lands determined to be suitable for use as an ohana zone shall be for limited purposes and require a written agreement between the private land owner and any state or county agency that any structure built with public funds may be moved or is temporary; provided further that if the land ceases to be used for an ohana zone or low-income housing before the time specified in the agreement, the state or county agency may choose to move the structure off the private land to a location of the state or county agency's choosing; and

(3) The ohana zones program may allow for off-the-grid technologies that can:

(A) Provide drinking water and electricity; and

(B) Process sewage,

without existing infrastructure; provided further that ohana zone sites with the ability to hook up to electricity, water, and sewer shall be preferred when considering ohana zone sites; provided further that connections to these utilities shall be made as soon as the project is able, unless there is a more cost-effective renewable energy option.

(d) The ohana zones program may provide the following facilities and services at each ohana zone site:

(1) Secure dwelling spaces that:

(A) May be private or communal;

(B) Have access to toilets, showers, and other hygiene facilities; and

(C) Have access to an area for food storage and meal preparation;

(2) Medical and social support services; and

(3) Transportation to appointments related to medical care or supportive services that are not available onsite.

(e) The office shall establish the following:

(1) The evaluation criteria and process that the office shall use each year when reviewing the success and sustainability of the ohana zones; and

(2) Monitoring and oversight controls over the ohana zones to identify, address, and prevent possible fraud, waste, and abuse and ensure compliance with federal, state, and local laws.

(f) The coordinator shall compile and consolidate information from the office to effectuate this section and submit a report to the legislature no later than twenty days prior to the convening of each regular session, which shall include:

(1) Data on the number of beds, occupancy, duration of stay, types of services provided, and next planned destination of participants who left the ohana zone;

(2) An evaluation of the ohana zones to determine whether the objectives set have been met or exceeded; and

(3) Any proposed changes that need to be made to the performance measures used to assess the achievement of program goals. [L 2025, c 309, §5]
Haw. Rev. Stat. § 352D-12 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-12
[ §352D-12] Safe spaces for youth program; establishment; reports.
Status: in_force

[ §352D-12] Safe spaces for youth program; establishment; reports. (a) T here is established within the office of youth services a safe spaces for youth program, which shall provide, subject to the availability of funds, safe spaces in each county for youth and young adults experiencing homelessness or at risk of homelessness.

(b) The program shall collaborate with all departments of the State and its political subdivisions that offer services for the purpose of ensuring the well-being of youth and young adults in Hawaii, including the department of education, department of corrections and rehabilitation, department of health, department of human services, department of land and natural resources, department of law enforcement, state office on homelessness and housing solutions, county police departments and other agencies, and judiciary, to coordinate the identification of youth and young adults who are experiencing homelessness, and placement of these youth and young adults at a shelter for homeless youth or young adults.

(c) The office of youth services may enter into contracts with nonprofit organizations to provide services for youth or young adults experiencing homelessness or who are at risk of homelessness. Any nonprofit organization contracted under this subsection shall have the knowledge, experience, and qualifications, including licenses as needed for child caring institutions, and other requirements to operate a shelter for homeless youth or young adults experiencing homelessness or at risk of homelessness. Youth under the age of eighteen shall not be sheltered with young adults age eighteen to twenty-four.

(d) Notwithstanding any other law to the contrary, a shelter for homeless youth or young adults contracted under subsection (c) may admit a youth into the shelter's care for up to ninety days without the consent of the youth's parent or guardian.

(e) The office shall submit a report pertaining to the safe spaces for youth program to the legislature no later than twenty days prior to the convening of each regular session.

(f) The office may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

(g) For the purposes of this section, " shelter for homeless youth or young adults" means a facility that operates to receive youth or young adults twenty-four hours a day, seven days a week, and provide youth or young adults with services, including:

(1) Overnight lodging and supervision;

(2) Hot meals and hot showers;

(3) Access to medical and behavioral health services; and

(4) Education and employment support. [L 2025, c 297, §2]
Haw. Rev. Stat. § 346-26 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-26
Prevention and treatment of conditions giving rise to need.
Status: in_force

The department of human services may carry on or administer or cooperate with other public or private agencies in work or activities for the purpose of preventing or treating conditions giving rise to the need for public assistance in any case in which such work or activities may prevent, shorten, or eliminate the need of public assistance. Such work or activities, if any, shall be taken into consideration in deciding upon or deferring action upon any application for public assistance.
Haw. Rev. Stat. § 350B-4 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-4
Hawaii children's trust fund advisory board.
Status: in_force

(a) There shall be a Hawaii children's trust fund advisory board, which shall make the final recommendations to the Hawaii Community Foundation for the expenditure of funds for the following activities:

(1) Grantmaking with private nonprofit organizations, public agencies, or qualified individuals to provide community-based services and education designed to strengthen families to prevent child abuse and neglect;

(2) Grantmaking to raise community awareness of the trust fund; and

(3) Administration of the trust fund.

(b) The board shall consist of seven members to be appointed as follows:

(1) One member shall be selected by the Hawaii Community Foundation to serve for a term of three years. This member may not serve more than two consecutive terms.

(2) Three members shall be appointed by the governor from a list of names of seven persons submitted by the Hawaii Community Foundation. Each of these three members shall serve for a term of three years, except that the terms of the initial board members shall be staggered as follows: one member shall be appointed to a one-year term, one member shall be appointed to a two-year term, and one member shall be appointed to a three-year term. None of these three members shall serve for more than two consecutive terms.

(3) One member shall be appointed from among the members of the senate by the president of the senate, to serve until the expiration of the member's term in the senate during which the member is appointed.

(4) One member shall be appointed from among the members of the house of representatives by the speaker of the house to serve until the expiration of the member's term in the house of representatives during which the member is appointed.

(5) One member shall be the director of health or the director's designee. [L 1993, c 336, pt of §2]
Haw. Rev. Stat. § 346D-3 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-3
Determination of eligibility for participation in a waiver program.
Status: in_force

(a) To qualify for participation in a waiver program, individuals shall:

(1) Be determined by the department of human services to be eligible for federally-funded medicaid assistance;

(2) Be certified by the department of human services, through the preadmission screening process, to be in need of acute, skilled nursing facility, intermediate care facility, or intermediate care facility for individuals with intellectual disabilities level of care; and

(3) Choose to remain in the community with the provision of home and community-based waiver program services as an alternative to institutionalization.

(b) Individuals approved for a waiver program shall have the following:

(1) Comprehensive assessment of their health, functional, social, and environmental needs;

(2) Written service plan that addresses the necessary safeguards to protect the health and welfare of the individual, and reflects the individual's freedom of choice of providers and services;

(3) Budget based on the services defined in the service plan; and

(4) Periodic review of their health, functional, and financial status to ensure continued eligibility for waiver program services. [L 1983, c 192, §4; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1998, c 294, §4; am L 2011, c 220, §11]
Haw. Rev. Stat. § 346-371 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-371
Annual financial audit.
Status: in_force

(a) The department shall require any provider agency that dispensed shelter or assistance for any homeless facility or any other program for the homeless authorized by this part to submit to the department a financial audit when requested, but at least annually. The audit shall be conducted by a certified public accounting firm. This audit shall contain information specific to the funds received under state homeless program contracts. The audit shall include recommendations to address any problems found.

(b) Continuing contracts with provider agencies to participate in any program for the homeless authorized by this part shall require that the provider agency address the recommendations made by the audit, subject to exceptions as set by the department.

(c) Failure to carry out the recommendations made by the audit may be grounds for the department to bar a provider agency from further contracts for programs authorized by this part until the barred provider has addressed all deficiencies. [L 2010, c 89, pt of §2; am L 2016, c 234, §4; am L 2017, c 100, §4]
Haw. Rev. Stat. § 356D-103 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-103
Construction of additional powers.
Status: in_force

Sections 356D-101 and 356D-102 shall not be construed as abrogating, limiting, or modifying parts II, III, or IV, including amendments thereto.
Haw. Rev. Stat. § 346-226 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-226
Access to records.
Status: in_force

Records of a vulnerable adult shall be obtained by the department or the vulnerable adult's court-appointed guardian ad litem with the written consent of the vulnerable adult or the vulnerable adult's representative, or by court order. Any person who reports to the department under section 346-224, upon demand of the department, shall provide all information related to the alleged incident of abuse, including financial records and medical reports, which were not included in the written report submitted pursuant to section 346-224(b).
Haw. Rev. Stat. § 351-15 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-15
Medical examination.
Status: in_force

The commission may appoint an impartial licensed physician or licensed psychologist to examine any person making application under this chapter, and the fees for the examination shall be paid from funds appropriated for expenses of administration.
Haw. Rev. Stat. § 346-352 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-352
Preauthorization exemption for certain physicians and physician assistants.
Status: in_force

Any physician or physician assistant licensed in this State who treats a medicaid recipient patient suffering from the human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C, or who is a patient in need of transplant immunosuppressives, may prescribe any medications approved by the United States Food and Drug Administration and that are eligible for Omnibus Budget Reconciliation Rebates Act (OBRA), that are necessary to treat the condition, without having to comply with the requirements of any preauthorization procedure established by any other provision of this chapter. This section shall not apply to medicaid managed care medical plans.
Haw. Rev. Stat. § 349-43 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-43
[ §349-43] Exemptions.
Status: in_force

[ §349-43] Exemptions . This part shall not apply to:

(1) Health care providers who do not accept medicare insurance;

(2) Qualified patients who have already received a diagnosis of dementia or mild cognitive impairment; and

(3) Qualified patients who are unable to undergo a cognitive assessment due to a physical or mental impairment or disability. [L 2025, c 286, pt of §2]
Haw. Rev. Stat. § 346-17.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-17.5
Federal aid to children in foster care.
Status: in_force

(a) Beginning October1, 1983, not more than forty per cent of the total number of children for whom maintenance is provided pursuant to part E of title IV of the Social Security Act may have been in foster care for more than twenty-four months.

(b) Commencing with the federal fiscal year beginning October1, 1984, the department shall reduce by one per cent each fiscal year the total number of children for whom maintenance is so provided and who have been in foster care for more than twenty-four months. [L 1982, c 212, §1]
Haw. Rev. Stat. § 349-5 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-5
Administrative and program support for the executive office on aging.
Status: in_force

(a) The provision of administrative and program support for the executive office on aging shall be accomplished by the creation of two principal organizational divisions in the executive office on aging. One division shall be known as the planning and administrative services division and the other shall be known as the community assistance and program management division.

(b) The planning and administrative services division shall engage in the following activities, including but not limited to:

(1) Preparation and submission of programs and budgets;

(2) Preparation of an annual evaluation report on elder programs for the governor and legislature, which shall include a section detailing outcomes of the kupuna caregivers program, including but not limited to:

(A) Evaluation metrics;

(B) A cost breakdown and de-identified, aggregated analysis of individuals served, by county and type of service received;

(C) Identification of the number of service providers contracted by county and the types of services provided;

(D) Consolidated data of the existing waiting list broken down by county; and

(E) Recommendations to support the implementation and execution of the program to maximize the number of caregivers served by the program;

(3) Preparation of studies and analysis;

(4) Maintenance of personnel records;

(5) Management of contracts and agreements entered into by the executive office on aging with public and private vendors, consultants, and suppliers;

(6) Monitoring the purchase of service agreements with public and private agencies and rendering technical assistance to elder program service providers; and

(7) Establishment and maintenance of reimbursement systems for services provided by agreement with federal, state, and county agencies, as well as private groups.

(c) The community assistance and program management division shall engage in the following activities, including but not limited to:

(1) Legislative research and development as well as liaison on state and federal legislative matters;

(2) Conducting public affairs programs on elder affairs programs, projects, and needs;

(3) Development and implementation of educational, recreational, and cultural programs for elder persons;

(4) Provision of technical assistance and liaison with community groups, organizations, and independent programs of benefit to elders;

(5) Development and implementation of active programs of consumer protection and pre-retirement counseling;

(6) Establishment of a statewide information and referral system, and an annual inventory of elder programs and service agencies;

(7) Technical assistance and liaison for the purpose of establishing elder-controlled local service delivery systems providing comprehensive services and employment opportunities for elders throughout the State; and

(8) Development and management of federally funded programs and special projects under the federal Older Americans Act and other federal sources. [L 1976, c 217, pt of §2; am L 1990, c 67, §8; am L 2019, c 126, §2]
Haw. Rev. Stat. § 356D-52 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-52
Lien on personalty for rent, etc.
Status: in_force

(a) The authority shall have a statutory lien on all personal property, not exempt from execution, belonging to, or in the lawful possession of, every tenant while the personal property is in or upon any state low-income housing project, for the amount of its proper charges against the tenant for rent of a room, dwelling unit, living quarters, or space in the state low-income housing project, or for utilities, facilities, or services in the state low-income housing project. The lien shall commence with the tenancy or occupancy of the tenant and continue for one year after the charge or charges are due and owing to the authority.

(b) Whenever any tenant fails or refuses to pay the charge or charges after the same are so due and owing, the authority shall have the right and power, acting by its authorized agents or representatives, without process of law and without any liability for the taking, seizure, and retention of the personal property, to take and seize any of the personal property belonging to, or in the lawful possession of, the tenant that is found in or upon the public housing project. The authority may hold and retain the property as security for the payment of the charge or charges, until the amount of the charge or charges is paid and discharged. If the charge or charges, so due and owing, are not paid and discharged within thirty days after the taking and seizure, the authority may sell the personal property in the manner provided in section 356D-53. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-304 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-304
Eligibility.
Status: in_force

Eligibility for adoption assistance shall not depend upon the amount of income or property of the adoptive family.
Haw. Rev. Stat. § 346-239 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-239
Required findings concerning postponed hearings.
Status: in_force

Except as otherwise provided, no hearing shall be delayed upon the grounds that a party other than the vulnerable adult is not present at the hearing or has not been served with a copy of the order for immediate protection or the petition, where reasonable efforts have been made to effect service and it would be detrimental to the vulnerable adult to postpone the proceedings until service can be made. Whenever a hearing is delayed or postponed under this section, the court shall enter a finding that it will not be detrimental to the vulnerable adult and shall also specify what additional measures shall be undertaken to effect service.
Haw. Rev. Stat. § 351-52 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-52
Award of compensation.
Status: in_force

The commission may order the payment of compensation under this part for:

(1) Expenses actually and reasonably incurred during the period of the injury of the private citizen;

(2) Pain and suffering to the private citizen;

(3) Loss to the private citizen of earning power as a result of total or partial incapacity; and

(4) Pecuniary loss to the private citizen directly resulting from damage to the citizen's property. [L 1967, c 226, pt of §1; HRS §351 - 52; gen ch 1985; am L 1995, c 182, §5; am L 1998, c 240, §5]
Haw. Rev. Stat. § 356D-94 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-94
Eviction.
Status: in_force

(a) If it is proven to the satisfaction of the eviction board that there is cause to terminate a lease or rental agreement and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy. The notice shall inform the tenant that a writ of possession may be issued by the authority within ten business days. The notice shall also inform the tenant whether the grounds for eviction are considered curable and, if so, what the tenant must do to remedy the grounds, by when it must be done, and what the tenant must do to document for the authority that the grounds have been remedied.

(b) When the grounds for termination of the tenancy may be cured by the tenant, the tenant shall have ten business days from receipt of the notice provided for in subsection (a) to cure the grounds. If the grounds are cured within the ten-day period, no writ of possession may be issued. If the grounds are not cured within the ten-day period, the authority may issue a writ of possession forthwith.

(c) The authority may adopt rules pursuant to chapter 91 to define curable and noncurable grounds for eviction. The authority may consider a tenant's history in determining noncurable grounds for eviction. A tenant's history may include chronic or consistent delinquency, or repeated violations of the terms of the rental agreement.

(d) Enforcement of the order by a writ of possession shall be effected either by an officer appointed by the authority, who shall have all of the powers of a police officer for all action in connection with the enforcement of the order, or by a sheriff or any other law enforcement officer of the State or any county, whose duty it shall be to carry out the order. The person enforcing the order shall remove all persons from the premises and put the authority in full possession thereof.

(e) Upon eviction, the household goods and personal effects of the person against whom the order is entered, and those of any persons using the premises incident to the person's holding, may be removed from the premises and stored by the authority. If the action is taken, the authority shall have a lien on the property so taken for the expenses incurred by it in moving and storing the same, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-176 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-176
Family child care system.
Status: in_force

The department shall authorize the establishment and operation of a family child care system under which a sponsoring agency contracts family child care homes to provide care and assumes administrative tasks for the homes and providers; provided that the department shall register each of the family child care homes individually in accordance with this subpart and establish no rule or requirement which jeopardizes the status of the providers of care in family child care homes as independent contractors of the sponsoring agency. The department may establish rules defining the administrative tasks which may be performed and minimum requirements, including provision of training to providers which must be complied with by the sponsoring agency, but shall not require the sponsoring agency to register or obtain a license or registration as a child care facility unless the sponsoring agency provides care to children on the sponsoring agency's premises.
Haw. Rev. Stat. § 353 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353
[ §353‑35] Incarcerated parents; data collection.
Status: in_force

[ §353‑35] Incarcerated parents; data collection. Beginning on July 1, 2016, the department shall collect the following data upon intake of offenders into the correctional system:

(1) The number of offenders who are parents;

(2) The number of children under the age of eighteen, per offender who is a parent; and

(3) Any other information about incarcerated parents and their children that the department deems useful to facilitate the provision of services to incarcerated parents or their children. [L 2015, c 16, §2]
Haw. Rev. Stat. § 346-368 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-368
Abuse of assistance.
Status: in_force

(a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining whether a participant is no longer eligible for shelter or other services at the homeless facility or for any other program for the homeless, pursuant to standards and criteria established by rule.

(b) Pursuant to rule and the right of due process, the department or its designee, or provider agencies together with the department, may act to bar homeless families or individuals from participating further in any homeless facility or services, may issue a writ of possession, and take other actions as provided by rule.

The enforcement of a writ of possession shall be effected either by an officer appointed by the department, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ. The person enforcing the writ shall remove all persons from the premises and put the department or its designee, or the provider agency designated by the department, in full possession thereof.

Upon eviction, the household goods and personal effects of the person against whom the writ is entered, and those of any persons using the premises incident to the person's holding, may be removed from the premises immediately and sold or otherwise disposed of by the department or its designee or the provider agency. The department or its designee or the provider agency shall have a lien on the property so removed for the expenses incurred in moving the property.

(c) Any person who enters or remains unlawfully in or upon the premises or living quarters of any homeless facility or any other program for the homeless authorized by this part, after reasonable warning or request to leave by that provider agency's agents, the department or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code. A warning or request shall only be issued if the person has engaged in unlawful conduct or has violated house rules and regulations. The house rules shall be reasonable and a copy shall be provided to each tenant or participant. The warning or request shall supersede any invitation by a tenant or participant at the shelter, facility, or program to that person to visit the premises or living quarters. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 351-14 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-14
Hearings and evidence.
Status: in_force

For those applications that will be heard by the commission, the applicant and the commission's legal adviser shall be entitled to appear and be heard. Any other person may appear and be heard who satisfies the commission that the person has a substantial interest in the proceedings. In any case in which the person entitled to make an application is a child, the application may be made on the child's behalf by any person acting as the child's parent or guardian. In any case in which the person entitled to make an application is mentally defective, the application may be made on the person's behalf by the person's guardian or any other individual authorized to administer the person's estate.

Where, under this chapter, any person is entitled to appear and be heard by the commission, that person may appear in person or be represented by the person's attorney. All hearings shall be open to the public, unless in a particular case, the commission determines that the hearing, or a portion thereof, should be held in private, because the offender has not been convicted or in the interest of the victim of an alleged sexual offense.

Every person appearing under this section shall have the right to produce evidence and to cross - examine witnesses. The commission may receive in evidence any statement, document, information, or matter that, in the opinion of the commission, may contribute to its functions under this chapter, whether or not the statement, document, information, or matter would be admissible in a court of law.

If any person has been convicted of any offense with respect to an act or omission on which a claim under this chapter is based, proof of that conviction, unless an appeal against the conviction or a petition for a rehearing in respect of the charge is pending or a new trial or rehearing has been ordered, shall be taken as conclusive evidence that the offense has been committed. [L 1967, c 226, pt of §1; HRS §351 - 14; gen ch 1985; am L 1993, c 219, §2]
Haw. Rev. Stat. § 346-172 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-172
Rules for registration.
Status: in_force

(a) The department shall adopt rules establishing minimum requirements to ensure the health and safety of children provided care in a family child care home. The rules may specify, but shall not be limited to, minimum requirements concerning:

(1) The number of children which may be cared for at one time and the ratio of adult to children;

(2) The health of the provider and children;

(3) Fire and sanitation standards;

(4) The supervision and allowable types of discipline of children; and

(5) Protection of children who are provided care from abuse.

(b) It is the intent of the legislature that the:

(1) Minimum requirements established under this section be less strict than the minimum standards established under section 346-162 for group child care homes and group child care centers;

(2) Minimum requirements be as simple and clear as possible;

(3) Minimum requirements be germane to the provision of care to children in a private home as opposed to a nonresidential facility or institution, require as little recordkeeping by the provider as possible, and require information and reports if deemed necessary, from the provider which the department intends to scrutinize carefully and not cursorily; and

(4) Department establish minimum requirements, the compliance with which can be assessed easily and objectively by officers and employees of the department, providers, and parents and legal guardians of children. [L 1985, c 208, pt of §2]
Haw. Rev. Stat. § 346-362 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-362
Duties.
Status: in_force

(a) The department of human services shall administer and operate homeless facilities and any other program for the homeless authorized by this part; establish programs for the homeless; and take any other actions necessary to effectuate the purposes of this part.

(b) The department shall adopt rules pursuant to chapter 91 for the purposes of this part; provided that these rules, or any rules relating directly to homelessness authorized by any statute, shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91 and shall take effect immediately upon filing with the office of the lieutenant governor. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 353G-9 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-9
Sanctions.
Status: in_force

Upon a positive drug test or any other substantive violation of any term or condition of a person's participation in a treatment program ordered pursuant to this chapter, the appropriate authority shall immediately impose such sanction or combination of sanctions as may be appropriate. If the appropriate authority elects not to impose a sanction, the appropriate authority shall make a written finding setting forth the reasons for its decision.
Haw. Rev. Stat. § 352-7 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-7
Records.
Status: in_force

The director shall establish a record of all facts relating to the admission, discharge, escape, death, medical history, programs, and significant occurrences concerning a committed person. An exact account shall also be kept of all moneys received for work performed by the committed persons and from authorized sources for the use of any committed person, as well as of the expenditure of such moneys as shall be authorized from time to time by the director. The director shall report any information collected except psychiatric reports to the juvenile justice information system. The date of preparation, the preparer, and the existence of a psychiatric report may be included in the juvenile justice information system.
Haw. Rev. Stat. § 347-13.5 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-13.5
Suits by individuals; jurisdiction; venue.
Status: in_force

Any person injured by a violation of section 347-13 may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation. Any person bringing such an action shall also be entitled to recover the person's costs together with reasonable attorneys' fees. An action under this section shall be brought in the circuit court of the district in which the violation is alleged to have occurred.
Haw. Rev. Stat. § 356D-158 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-158
§§356D-158 and 356D-159 Reserved.
Status: reserved

§§356D-158 and 356D-159 Reserved.
Haw. Rev. Stat. § 353-16.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16.5
Transfer of offenders under treaty; authority of governor.
Status: in_force

(a) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the State and subject to the terms of the treaty, authorize the director of corrections and rehabilitation to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this State in the treaty.

(b) The transfer shall occur only if the receiving foreign country is on an approved list published by Amnesty International concerning that country's treatment of prisoners at the time of transfer. If the receiving country is not on an approved list as noted, the prisoner must consent to the prisoner's transfer to the receiving foreign country. [L 1987, c 53, §1 and c 338, §10; am L 1989, c 211, §8; gen ch 1992; am L 2022, c 278, §29]
Haw. Rev. Stat. § 347-2.6 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-2.6
Misrepresentation of a service animal; civil penalty.
Status: in_force

(a) It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section 347-2.5.

(b) Upon a finding of clear and convincing evidence, a person who violates subsection (a) shall be fined not less than $100 and not more than $250 for the first violation, and not less than $500 for a second violation and each violation thereafter.

(c) Nothing in this section shall preclude any other civil remedies available to a person, entity, or other organization arising from misrepresentation by another person of a service animal. [L 2018, c 217, §2]