Haw. Rev. Stat. § 346-153 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-153
Records of deficiencies and complaints; release to public.
Status: in_force

(a) For every child care facility, the department shall maintain records for the current and previous two years of: results of its inspections; notifications to providers of deficiencies; corrective action taken; complaints of violations of rules adopted under this part; results of its investigations; resolution of complaints; and suspensions, revocations, reinstatements, restorations, and reissuances of licenses, temporary permits, and registrations issued under this part.

(b) Notwithstanding any other law to the contrary, the records described in this section shall be available for inspection in the manner set forth in chapter 92F and may be posted by the department on a public website; provided that with respect to records of family child care homes and group child care homes, sensitive personal information, including home addresses, or information provided to the department with the understanding that it would not be publicly divulged shall be deleted or obliterated prior to making the records available to the public. Nothing in this section shall authorize the department to release to the public the names of or any other identifying information on complainants. Nothing in this section shall prohibit the department's child care licensing program from sharing information and cooperating with the department's child protective services and law enforcement on investigations.

(c) The department may withhold information regarding an investigation of a complaint of a violation for not more than ten working days after the date the investigation report is completed; provided that if an investigation relates to an alleged criminal offense, no information shall be released until the criminal investigation has been completed and the director has determined that no legal proceeding will be jeopardized by its release. [L 1985, c 208, pt of §2; am L 2016, c 88, §3; am L 2019, c 83, §3]
Haw. Rev. Stat. § 346-14.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-14.5
Financial assistance advisory council; established.
Status: in_force

(a) There is created within the department for administrative purposes the financial assistance advisory council. The financial assistance advisory council shall be composed of fifteen members appointed by the director. The members of the financial assistance advisory council shall serve at the pleasure of the director and without compensation.

(b) The financial assistance advisory council shall have the function of rendering advice and information to the department on matters relating to financial assistance programs including rendering advice and information for the determination of the amount of benefit payments under sections 346-52, 346-53, and 346-71, including but not limited to temporary assistance to needy families (TANF), temporary assistance to other needy families (TAONF), and general assistance to households without minor dependents. The council shall be advisory and informational in nature only and shall not have the power to adopt rules.

(c) The financial assistance advisory council may request the assistance of professional facilitators and mediators as necessary. [L 1998, c 127, §1]
Haw. Rev. Stat. § 353-22.8 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-22.8
Orders for payment of child support.
Status: in_force

The director of corrections and rehabilitation shall comply with orders for payment of child support from inmate individual trust accounts to the child support enforcement agency pursuant to section 571-52, 571-52.2, 576D-14, or 576E-16, this section, or chapter 576B. When the total of all new deposits and credits to the inmate's individual trust account in a given month is less than or equal to $15, no payment shall be made for child support that month out of the trust account. When the total of all new deposits and credits to the inmate's individual trust account in a given month exceeds $15, no more than thirty per cent of the total new deposit or credit to the individual's trust account shall be paid for child support out of the account for that month.
Haw. Rev. Stat. § 353D-6 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-6
Nonprofit agency: criteria for selection.
Status: in_force

The department shall employ all the following criteria in selecting a nonprofit agency with which it may contract pursuant to section 353D-3:

(1) The number and quality of services proposed in comparison to direct program costs;

(2) Prior experience in working cooperatively with the department of social services and housing, other correctional agencies, community programs, inmates, visitors, and the general public;

(3) The ability to use volunteers and other community resources to maximize the cost effectiveness of the program. [L 1987, c 251, pt of §1]
Haw. Rev. Stat. § 346-152.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-152.5
Requirements for persons exempt pursuant to section 346-152.
Status: in_force

(a) In order to provide child care for a child whose family receives a child care subsidy from the department, persons exempt pursuant to section 346-152 shall be required to agree to:

(1) A criminal history record check, a sex offender registry check, a child abuse record check, and an adult abuse perpetrator check in the same manner as a prospective applicant or licensed provider in accordance with section 346-154;

(2) Completion of a pre-service or orientation training and ongoing training in health and safety topics; and

(3) Any monitoring inspection visits by the department or its designee to determine compliance with minimum health and safety standards at the location where child care is being provided for a child whose family receives a child care subsidy from the department, including investigations by the department when the department has received a report of health and safety concerns.

(b) For the purposes of this section, "adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of abuse as defined in section 346-222, by means of a search of the individual's name and birth date in the department's adult protective services file. [L 2001, c 201, §1; am L 2012, c 41, §1; am L 2016, c 88, §2; am L 2019, c 83, §2]
Haw. Rev. Stat. § 346-38 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-38
Incompetency of recipient.
Status: in_force

If the recipient is found incapable of taking care of the recipient's money or oneself, the department of human services may direct its assistance to be paid to a legal guardian or any other reputable person for the recipient's benefit or may suspend assistance for such period as it deems fit.
Haw. Rev. Stat. § 349-6.5 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-6.5
Alzheimer's disease and related dementias state plan.
Status: in_force

(a) The executive office on aging shall prepare an update of the state plan on Alzheimer's disease and related dementias no less frequently than once per fiscal biennium. The executive office on aging shall include information on progress made toward the goals of the state plan in its annual report to the legislature.

(b) The update report shall include:

(1) An implementation work plan specifying the tasks, timelines, and milestones for each goal along with parties assigned to each task;

(2) Efforts taken by the State to achieve the goals and strategies identified in the most recent state plan on Alzheimer's disease and related dementias;

(3) Recommendations for state policy relating to Alzheimer's disease and dementias; and

(4) A review of services initiated and coordinated among public and private agencies to meet the needs of persons with Alzheimer's disease and related dementias and their families.

(c) In preparing the update report, the executive office on aging shall review the most recent state plan on Alzheimer's disease and related dementias for appropriateness and revise the plan as necessary. In determining the appropriateness of the current plan, the executive office on aging shall solicit input from task forces and working groups formed to address Alzheimer's disease and related dementias, families affected by Alzheimer's disease and related dementias, and members of the medical community. [L 2018, c 146, §2]
Haw. Rev. Stat. § 350B-7 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-7
Grants.
Status: in_force

Grants provided for the strengthening of families, with the intent of preventing child abuse and neglect, may include, but are not limited to, the following:

(1) Programs for families to increase the family unit's capability to create a healthy environment in which each member may develop to the member's fullest potential;

(2) Programs for parents to increase their ability to provide a safe and nurturing environment for their children;

(3) Programs for children to increase their ability to form healthy relationships, and to avoid and cope with dangerous situations;

(4) Training and education for professionals, including making information about the problems of child abuse and neglect available to agencies dealing with these problems;

(5) General community education to increase the community's awareness of the needs of families and children, and of the issues of child abuse and neglect and its prevention; and

(6) Research, evaluation, and advocacy activities related to the prevention of child abuse and neglect. [L 1993, c 336, pt of §2]
Haw. Rev. Stat. § 346-53.6 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.6
Federally qualified health centers; rural health clinics; reimbursement.
Status: in_force

(a) Notwithstanding any law or waiver to the contrary, federally qualified health centers and rural health clinics, as defined in section 1905(1) of the Social Security Act (42 U.S.C. 1396 et seq.), shall be reimbursed in accordance with section 1902(bb) of the Social Security Act, as that section was originally added in 2000 by section 702(b) of Public Law 106-554 and as amended in 2001 by section 2(b)(1) of Public Law 107-121, and services of federally qualified health centers and rural health clinics shall remain mandatory services as provided in sections 1902(a)(10)(A) and 1905(a)(2)(B) and (C) of the Social Security Act.

(b) Reimbursement rates paid to federally qualified health centers may be adjusted if costs exceed 1.75 per cent for changes related to the intensity, duration, or amount of service provided, facilities, regulatory requirements, or other extraordinary circumstances; provided that the federally qualified health center shall submit to the department an adjusted cost report covering a period of the previous two years. The director shall review the filing within a period of sixty days. The period may be extended by the director for an additional period not to exceed thirty days upon written notice to the filer. A filing shall be deemed to be approved unless disapproved by the director within the initial filing period or any extension thereof.

(c) The State may terminate the reimbursement methodology set forth in this section only in the event that changes in the relevant sections of the Social Security Act prohibit this reimbursement methodology. [L 2006, c 297, §2]
Haw. Rev. Stat. § 346-248 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-248
Fiscal and service responsibility.
Status: in_force

The department or other authorized agencies shall provide only the care, service, treatment, support, or payment authorized by law. The department or authorized agencies shall have the authority to establish priorities and limitations of services based on their resources.
Haw. Rev. Stat. § 356D-5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-5
Resident advisory boards; establishment.
Status: in_force

(a) The authority may establish a resident advisory board or boards, which shall be comprised of federal public housing residents or section 8 tenant-based housing assistance recipients, to assist and make recommendations to the authority regarding the development of the public housing agency plan and any significant amendments or modifications to it. The members of the resident advisory board or boards shall adequately reflect and represent residents of federal public housing projects and recipients of section 8 tenant-based assistance administered by the authority.

(b) The members of the resident advisory board shall not be compensated for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred while engaged in business for the resident advisory board.

(c) The authority may adopt rules in accordance with chapter 91 with respect to the establishment of the resident advisory board or boards, including rules concerning the composition, eligibility, selection, and term of members. This section shall not apply if it conflicts with any federal law. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-382 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-382
Membership.
Status: in_force

(a) The Hawaii interagency council on homelessness shall be composed of the following members or the member's designee:

(1) Coordinator on homelessness, who shall serve as chair;

(2) Director of human services;

(3) Administrator of the homeless programs office of the department of human services;

(4) Director of health;

(5) Director of labor and industrial relations;

(6) Director of law enforcement;

(7) Director of business, economic development, and tourism;

(8) Chairperson of the Hawaiian homes commission;

(9) Adjutant general;

(10) Chairperson of the board of trustees of the office of Hawaiian affairs;

(11) Attorney general;

(12) Superintendent of education;

(13) Two members of the house of representatives to be designated by the speaker of the house of representatives, of whom one member shall be designated by the speaker of the house of representatives to serve as an alternate member on the Hawaii interagency council on homelessness to serve in the other member's absence;

(14) Two members of the senate to be designated by the president of the senate, of whom one member shall be designated by the president of the senate to serve as an alternate member on the Hawaii interagency council on homelessness to serve in the other member's absence;

(15) A representative of the Hawaii public housing authority;

(16) The mayor of each county;

(17) A representative of the continuum of care programs in each county, to be designated by the respective mayors;

(18) A representative of the United States Department of Veterans Affairs who shall be requested to serve by the governor;

(19) A representative from the Office of Community Planning and Development, United States Department of Housing and Urban Development, who shall be requested to serve by the governor;

(20) A representative of a faith-based organization with interfaith relationships, to be designated by the governor; and

(21) A representative of the business community, to be designated by the governor.

(b) The nongovernmental members of the Hawaii interagency council on homelessness shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) Except as provided in subsection (a)(13) and (a)(14), if a member of the Hawaii interagency council on homelessness is unable to attend a meeting, that member may appoint a designee to attend and to act on the member's behalf during the meeting.

(d) Chapter 84 shall not apply to the members of the Hawaii interagency council on homelessness. [L 2012, c 105, pt of §2; am L 2013, c 76, §1; am L 2022, c 278, §17; am L 2025, c 309, §10]
Haw. Rev. Stat. § 346-234 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-234
Guardian ad litem; counsel.
Status: in_force

(a) In any case where the court has reason to believe that a vulnerable adult or any other party lacks the capacity to effectively make decisions concerning the party's person, it may appoint a guardian ad litem to represent the interests of that party throughout the pendency of proceedings under this part. The court shall appoint counsel for the vulnerable adult at any time where it finds that the vulnerable adult requires a separate legal advocate and is unable to afford private counsel.

(b) The court may order reasonable costs and fees of the guardian ad litem to be paid by the party for whom the guardian ad litem is appointed, if that party has sufficient financial resources to pay the costs and fees. The court may also order the appropriate parties to pay or reimburse reasonable costs and fees of the guardian ad litem and counsel appointed for 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, §16]
Haw. Rev. Stat. § 346-12 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-12
Hearing.
Status: in_force

An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by the parties, to the extent allowed by chapter 91, shall be considered in a fair and impartial manner.
Haw. Rev. Stat. § 346-51.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-51.5
Expenditure of temporary assistance for needy families funds.
Status: in_force

(a) Funds received by the State under the temporary assistance for needy families program block grant shall be subject to appropriation by the legislature and shall not be expended by the department without a legislative appropriation.

(b) No later than thirty days before the convening of each regular session, the department shall submit to the legislature:

(1) A plan, developed in consultation with temporary assistance for needy families program heads of households and other community members familiar with such families' situations and needs, that:

(A) Details how the funds received under the temporary assistance for needy families program shall be expended; and

(B) Describes the desired outcomes from the expenditure of the funds;

(2) A report about the continuing strategic planning process, with the assistance of the financial assistance advisory council, to:

(A) Involve the community in planning for the future use of temporary assistance for needy families funds; and

(B) Set annual goals and outcomes for existing and new programs receiving temporary assistance for needy families funds,

pursuant to section 346-14.5; and

(3) A report on the effectiveness and level of success in reaching the desired outcomes under:

(A) Paragraphs (1) and (2); and

(B) Programs from the previous two fiscal years using temporary assistance for needy families funds.

(c) During the interim following the regular session of 2006 and thereafter when the legislature is not in session, the department may receive and expend federal funds related to the temporary assistance for needy families program pursuant to [section] 346-8, subject to approval by the governor, which are supplemental to the temporary assistance for needy families block grant or are obtained competitively under the temporary assistance for needy families program. The department shall submit to the legislature a report no later than twenty days before the convening of each regular session regarding:

(1) Any funds received and expended;

(2) The purposes for which the funds were expended; and

(3) Outcomes achieved,

pursuant to this section. [L 2006, c 302, §1]
Haw. Rev. Stat. § 353C-16 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-16
Agricultural enforcement pilot program.
Status: repealed

[Section repealed July 1, 2028. L 2025, c 235, §47.] (a) There shall be established within the department an agricultural enforcement pilot program on the islands of Oahu and Hawaii, to be implemented at the discretion of the deputy director of law enforcement. The department shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1:

(1) An assistant chief, who shall be the administrator of the agricultural enforcement pilot program and shall have charge, direction, and control, subject to the direction or control of the deputy director, of all matters relating to the enforcement of an offense listed in section 708-835.55 involving theft of an agricultural product or commodity and any other matters as determined by the deputy director. The assistant chief shall be an administrator experienced in addressing agricultural theft; and

(2) Personnel, state law enforcement officers, and investigators, including but not limited to state law enforcement officers serving on a voluntary basis without pay.

(b) In addition to all police powers and duties, state law enforcement officers in the agricultural enforcement pilot program shall:

(1) Focus on offenses under sections 708-830.5, 708-831, 708-832, and 708-833 that involve the theft of an agricultural product or commodity;

(2) Gather evidence, conduct investigations, and conduct field observations, as required or assigned;

(3) Cooperate with any enforcement authorities of the federal, state, or county government in the development of programs and mutual aid agreements for agricultural activities within the State; and

(4) Carry out other duties and responsibilities as determined by the deputy director.

(c) The department shall enter into memoranda of agreement with the division of conservation and resources enforcement of the department of land and natural resources and each county police department, as necessary, to effectuate the purposes of this section.

(d) For purposes of this section, "deputy director" means the deputy director of law enforcement. [L 2025, c 235, §3]
Haw. Rev. Stat. § 355D-1 — HI Code / Division 1 / Title 20 / Chapter 355D / Section 355D-1
Interstate Corrections Compact.
Status: in_force

The Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of the State of Hawaii with any and all other states legally joining therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II

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

"Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

"Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in this section may lawfully be confined.

"Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

"Sending state" means a state party to this compact in which conviction or court commitment was had.

"State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; and the Commonwealth of Puerto Rico.

ARTICLE III

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance.

(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

(a) Whenever the appropriate authority in a state party to this compact, and which has entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, the appropriate authority may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify that record to the authority designated by the sending state, in order that each inmate may have official review of the inmate's record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authority of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by appropriate authority of a sending state. In the event such hearing or hearings are had before an authority of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. The record together with any recommendations of the hearing authority shall be transmitted forthwith to the authority before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the authority of the receiving state shall act solely as agent of the sending state and no final determination shall be made in any matter except by the appropriate authority of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the person's exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be constructed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate authority of the sending state shall be required therefor.

ARTICLE VII

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate authority of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [L 1996, c 57, pt of §1]
Haw. Rev. Stat. § 353-22.6 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-22.6
Victim restitution.
Status: in_force

[Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2, as shown in the main volume, deleted by L 2016, c 231, §69.] The director of corrections and rehabilitation shall enforce victim restitution orders against all moneys earned by the inmate or deposited or credited to the inmate's individual account while incarcerated. Notwithstanding any law or order to the contrary, the amount deducted shall be twenty-five per cent of the total of all moneys earned, new deposits, and credits to the inmate's individual account. The moneys intended for victim restitution shall be deducted monthly and paid to the victim once the amount reaches $25, or annually, whichever is sooner. This section shall not apply to moneys earned on work furlough pursuant to section 353-17.
Haw. Rev. Stat. § 349-3 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-3
General functions, duties, and powers of the director.
Status: in_force

The director shall have the following principal functions, duties, and powers:

(1) Serve as the principal official in state government solely responsible for the performance, development, and control of programs, policies, and activities on behalf of elders;

(2) Oversee, supervise, and direct the performance by the director's subordinates of activities in such areas as planning, evaluation, and coordination of elder programs and development of a statewide service delivery network;

(3) Assess the policies and practices of other agencies impacting on elders and conduct advocacy efforts for elders;

(4) Advise the governor on new legislation, programs, and policy initiatives and conduct such liaison as would be required to implement them;

(5) Serve as a member of advisory boards and regulatory panels of state agencies in such areas as income maintenance, public employment, retirement systems, certification of health care facilities and programs, social service and medical assistance, and housing and employment, among others;

(6) Administer funds allocated for the executive office on aging; and apply for, receive, and disburse grants and donations from all sources for elder programs and services;

(7) Establish a clearinghouse for complaints of persons regarding services to elders, or operations of state and county agencies affecting elders, investigate the complaints, and refer the complaints and the director's findings to the appropriate agency for corrective action;

(8) Adopt, amend, and repeal rules pursuant to chapter 91 for the purposes of this chapter;

(9) Employ and retain such staff as may be necessary for the purposes of this chapter, in conformity with chapter 76; and

(10) Contract for or grant such services as may be necessary for the purposes of this chapter, including master contract with other state agencies receiving federal and state funds for programs and services for the aging, and purchase of service agreements with appropriate agencies. [L 1976, c 217, pt of §2; gen ch 1985; am L 1990, c 67, §8; am L 2000, c 253, §150]
Haw. Rev. Stat. § 346-37 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-37
Recovery of payments and costs of medical assistance.
Status: reserved

(a) If a recipient under this chapter dies leaving an estate and does not have a surviving spouse, child, father, mother, grandfather, grandmother, grandchild, stepfather, stepmother, or any designated heir, the department shall have a valid claim against the estate for the amount of social services overpayments, financial assistance overpayments, or burial payments granted. The department shall file a claim against the estate of a deceased recipient of medical assistance for the amount of medical assistance granted, only if the recipient was age fifty-five or over when such medical assistance was received and there is no surviving spouse, or surviving child who is under twenty-one years of age, or blind, or disabled. The department shall file a claim against the estate of a recipient of medical assistance who was an inpatient in a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution only if there is no surviving spouse or surviving child who is under twenty-one years of age, or blind, or disabled.

(b) If any portion of any public assistance, including medical assistance, food stamps, or burial payment, was obtained by any fraudulent device, including but not limited to those under section 346-34, or if any public assistance, including medical assistance, food stamps, or burial payment, was furnished or provided after receipt of income or resources which were not reported to the department as required by this chapter or by the department, the department may file a claim against the estate of the deceased recipient notwithstanding subsection (a).

(c) If the department has provided medical assistance or burial payment to a person who was injured, suffered a disease, or died under circumstances creating a tort or other liability or payment obligation against a third person, the department shall have a right to recover from the third person an amount not to exceed the full amount of the costs of medical assistance or burial payment furnished or to be furnished by the department.

(d) The department, as to this right of reimbursement, shall also be subrogated to all rights or claims that a claimant has against the third person for medical assistance and burial payments not to exceed the full extent of the costs of medical assistance or burial payment furnished or to be furnished by the department.

To enforce its rights, the department may intervene or join in any action or proceeding brought by a claimant against the third person. If the action or proceeding is not commenced within six months after the first day on which medical assistance or burial payment is furnished by the department in connection with the injury, disease, or death involved, the department may institute and prosecute legal proceedings against the third person for the injury, disease, or death, in a state court, either alone (in its own name or in the name of a claimant) or in conjunction with the claimant.

(e) An attorney representing a claimant or third person shall make reasonable inquiry as to whether the claimant has received or is receiving from the department medical assistance related to the incident involved in the action. If the claimant, claimant's attorney, or claimant's heirs, representatives, or beneficiaries, or any third person have received from the department actual notice of its right to reimbursement or if they have reason to know that the claimant has received or is receiving from the department medical assistance related to the incident, then the claimant, claimant's attorney, claimant's heirs, representatives, or beneficiaries, or third person or third person's attorney shall give to the department timely written notice of any claim or action against a third person. At any time during the pendency of any claim or action, the claimant, claimant's attorney if represented, claimant's heirs, representatives, or beneficiaries, or third person or third person's attorney may contact the department to ascertain the full amount of the costs of medical assistance or burial payment made, which information shall be provided in a reasonable time by the department. Upon obtaining a judgment or reaching a settlement through negotiation or legal proceedings, but before the release of any award or settlement proceeds to any person:

(1) The claimant's attorney or third person or third person's attorney, if the attorney has received actual notice from the department of a lien or if the attorney or third person has reason to know that a lien exists; or

(2) The claimant or the claimant's heirs, representatives, or beneficiaries, if not represented by an attorney who has received actual notice of the lien,

shall notify the department immediately in order to ascertain and satisfy the department's right to reimbursement for costs of medical assistance or burial payment made.

(f) If liability is found to exist, or if the issue of third-party liability is settled or compromised without a finding of liability, regardless of who institutes legal proceedings or seeks other means of recovering, the department shall have a right to recover up to the full amount of the costs of medical assistance or burial payment made from a settlement, award, or judgment. To aid in the recovery of the costs, the department shall have a first lien for up to the full amount of the costs of medical assistance or burial payment made against the proceeds from damages recovered in a settlement, award, or judgment. The lien shall attach as provided by subsection (g).

(g) The lien of the department for reimbursement of costs of medical assistance or burial payments under subsection (f), shall attach by a written notice of lien served upon the claimant's attorney or upon the third person, the third person's agent, attorney, or insurance company. The method of service shall be by certified or registered mail, return receipt requested, or by delivery of the notice of lien personally to these individuals. Service by certified or registered mail is complete upon receipt. The notice of lien shall state the name of the injured, diseased, or deceased person, the amount of the lien, and the date of the accident or incident that caused the injuries, disease, or death that necessitated the department's medical assistance or burial payments. If the notice of lien is served upon the claimant's attorney, the notice of lien shall state that the claimant's attorney shall pay the lien from the proceeds of any judgment, settlement, or compromise based on the incident or accident as provided in this section. If the notice of lien is served upon the third person, or the third person's agent, attorney, or insurance company, the notice of lien shall state that the third person shall pay the lien as provided in this section prior to disbursing any of the proceeds to the claimant or to the claimant's attorney. A notice of lien may be amended from time to time until extinguished, each amendment taking effect upon proper service.

When restitution is sought in a criminal proceeding from a third person who has caused injury to a recipient of medical assistance, a written notice of lien and an itemized list of payments made by the department that identifies the provider of services, the dates of services, the amounts billed and paid, and the dates of payments, shall be provided to the court and to the person against whom restitution is sought. Absent a good faith basis contesting the amount or validity of a specific line item charge or charges in the lien, the entire lien amount shall be presumed valid by the court in determining the amount of restitution pursuant to section 706-646.

(h) The lien shall attach as provided by subsection (g). If a notice of lien is properly served upon the attorney representing the claimant as provided in subsection (g), that attorney shall pay the lien as provided in this section prior to disbursing any of the proceeds of the suit or settlement to the attorney's client. If a notice of lien is properly served upon the third person, the third person's agent or attorney, or the third person's insurance company, as provided in subsection (g), it shall be the responsibility of the person receiving the notices to pay the lien as provided in this section prior to disbursing any of the proceeds to the claimant's attorney. The lien shall be satisfied from that portion of the settlement, award, or judgment allocated or allocable to payments by the department for medical assistance and burial payments. Any allocation by a judge, jury, arbitrator, or similar dispute resolution person or tribunal shall be binding; provided that the department's medical assistance and burial payments are included as part of the case or claims brought by the claimant in any action. Any allocation by the claimant or third party may be considered but is not binding on the department. If there is no allocation, a reasonable allocation shall be determined by agreement, administrative hearing under subsection (i), or a court of competent jurisdiction.

If, after having received timely written notice of any claim or action under subsection (e), the department did not intervene or join in the action or prosecute its own claims or actively participate with claimant or claimant's attorney in the prosecution of claims, or a distribution agreement was not entered into between the parties, reimbursement shall be as follows: If the lien is less than or equal to one-third of the settlement, award, or judgment, and there is no allocation by a judge, jury, arbitrator, or similar dispute resolution person or tribunal, then there shall be a rebuttable presumption that the amount of reimbursement due the department is the total payments for medical assistance or burial payments by the department or one-third of the settlement, award, or judgment, whichever is less. Any party challenging this rebuttable presumption shall bear the burden of proof. The department's fair share of claimant's reasonable attorney's fees and expenses shall be deducted from the department's lien recovery. There shall be a rebuttable presumption that one-third of the department's gross reimbursement amount plus a proportionate share of the general excise tax is a reasonable amount for the department's contribution towards claimant's attorney's fees and expenses. Any party challenging this rebuttable presumption shall bear the burden of proof.

If the department alone prosecutes claims that include its medical assistance or burial payments, it shall not be required to reduce its lien on account of attorney's fees or expenses, if any, incurred by the claimant or claimant's attorney.

If the claimant's attorney and the department contribute to the recovery of medical assistance or burial payments made by the department, then the department's fair contribution toward the claimant's attorney's fees and costs incurred shall be a reasonable amount based solely upon legitimate costs and services rendered by the claimant or claimant's attorney in recovering the lien amount. Any dispute regarding the department's determination of its contribution to claimant's attorney's fees and costs may be submitted to administrative hearing under subsection (i) or a court of competent jurisdiction. The value of services contributed by the claimant and department may be considered in fairly allocating fees and costs between the claimant and department where both contribute to recovering the lien amount.

The department's lien, after reduction for its contribution to claimant's attorney's fees and expenses, shall not exceed one-third of the settlement, award, or judgment. Payment of one-third of the settlement, award, or judgment to the department and two-thirds to the claimant and claimant's attorney shall satisfy the entire lien if the department's lien, after reduction for its contribution to claimant's attorney's fees and expenses, exceeds one-third of the settlement, award, or judgment. Any claimant who asserts that reimbursement to the department should be less than one-third of the settlement, award, or judgment, under the circumstances of that claim, shall bear the burden of proof.

(i) If there is a dispute between the claimant, the claimant's agent or the claimant's attorney, and the department concerning the existence of the lien or the amount ofthe lien, or the amount to be reimbursed, the claimant, the claimant's agent, or the claimant's attorney may submit the dispute to a court of competent jurisdiction or request in writing an administrative hearing on the dispute. After receipt by the department of a written request, the department shall conduct an administrative hearing within a reasonable period of time. Chapter 91, including any provisions for judicial review or appeal, shall apply to the hearing. Funds sufficient to fully satisfy the reimbursement rights of the department shall be either retained by the person served with the notice of lien, shall be paid to the department, or otherwise reserved subject to agreement with the department pending a decision by the court or the department and any subsequent judicial review or appeal.

(j) Upon the recovery of any claim as provided in this section, the amount recovered shall be paid into the treasury of the State, and if the amount for which claim was paid was in part from federal funds, the proper portion thereof shall be paid by the director of finance into the treasury of the United States, and the director of finance shall report the payment to the department.

(k) Any person who is subject to the lien who fails to pay the full amount due under this section to the department for reimbursement of the costs of medical assistance, although able to do so from the proceeds of the suit or settlement, shall be personally liable to the department for any damage proximately caused to the department by the failure.

(l) No action taken by the department in connection with the rights under this section shall deny to the claimant the recovery for that portion of the claimant's damages not covered under this section.

(m) For purposes of this section:

"Claimant" includes an injured or diseased person, the person's guardian, or the personal representative, estate, dependents, or survivors, of the deceased person.

"Costs of medical assistance" furnished or to be furnished by the department includes:

(1) The value or cost of medical care services provided directly by the department;

(2) The amount paid by the department to a provider for medical care services rendered or to be rendered; and

(3) The value or cost of medical care services rendered or to be rendered by a provider that has received the equivalent of an insurance benefit, capitation rate, and other fee or like charge paid by the department or by a medical care insurer to provide for medical care services.

"Third person" includes any person, business, corporation, partnership, or entity of any kind or nature, including employers and insurance carriers, that is potentially liable to the claimant for any tort, liability, payment, reimbursement, or benefit of any kind or nature by reason of any injury, disease, or death.

(n) The department may agree with a provider or medical care insurer for the provision of medical care services or medical assistance to any claimant, and the agreement may provide for the department to be the exclusive entity authorized to recover all costs of medical assistance rendered to a claimant. The department may recover all costs through the use of the lien procedures established by this section.

(o) In third-party liability situations, the medical assistance program of the department shall be fully reimbursed the amount due under this section or funds sufficient to fully reimburse the department the amount due under this section shall be retained by the person served with the notice of lien or otherwise reserved in a manner agreeable to the department before the claimant receives any money from the settlement or award. This section is not intended to restrict or diminish the right of the department to settle or compromise its reimbursement rights under this section for less than the full amount due or enter into any agreement with claimant, claimant's attorney or representative, or other party for the distribution of proceeds from a suit or settlement. [L 1941, c 296, pt of §1; RL 1945, §4842; RL 1955, §108-23; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §346-37; am L 1972, c 32, §2; am L 1975, c 137, pt of §2; am L 1980, c 206, §1; am L 1982, c 147, §17; gen ch 1985; am L 1994, c 187, §§4, 5; am L 1997, c 201, §1; am L 1999, c 52, §2; am L 2001, c 50, §2; am L 2011, c 220, §11; am L 2012, c 211, §4]
Haw. Rev. Stat. § 346C-3 — HI Code / Division 1 / Title 20 / Chapter 346C / Section 346C-3
Composition of the board.
Status: in_force

(a) The board of trustees of the long-term care financing program shall consist of five regular members and one ex officio[,] nonvoting member to be appointed by the governor as provided in section 26-34; provided that:

(1) The terms of members shall be six years; and

(2) The initial appointments may be staggered in accordance with section 26-34(a).

[(b)] The members of the board of trustees shall have experience in accounting, business, finance, law, or other similar fields, and experience equivalent to five years as an officer or manager of a viable business, community, or organization involved with insurance management, portfolio management, health care management, or similar field. The composition of the board of trustees shall represent a diversity of relevant experience.

[(c)] The board of trustees shall elect a chairperson from among themselves. The trustees shall serve without compensation. [L 2002, c 245, pt of §2]
Haw. Rev. Stat. § 353-17 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-17
Committed persons, furlough, employment.
Status: in_force

(a) The director or a designated agent may grant furloughs to committed persons with a minimum or lower security classification in any correctional facility of the department for the purpose of employment, social reorientation, education, or training, or any other valid purpose as determined by the director. Special out-of-state furloughs may be granted to those already otherwise furloughed, at no cost to the State, when death or critical illness or injury to the committed person's immediate family including a reciprocal beneficiary, occurs. Any committed person who is engaged in private employment, by contract or otherwise, not under the immediate custody of the State shall not be considered an agent or employee of the State. Any moneys earned from employment by such person shall be used to satisfy a restitution order and to reimburse the State for the cost of room and board. If any earned moneys remain after these expenses have been paid, that amount shall be held in an individual account for the committed person.

When an inmate is granted a special out-of-state furlough, the director shall inform the authorities of the state to which the inmate is to be furloughed of the inmate's arrival.

(b) Full power to enforce the terms and conditions of furlough and to retake and reincarcerate a furloughed committed person is conferred upon the director or designated agent. The director or a designated agent, at any time, may issue a warrant authorizing the arrest and return to actual custody of any furloughed committed person for the purpose of ascertaining whether or not the terms and conditions of furlough have been violated so as to justify revoking the furlough and to retake and reincarcerate the furloughed committed person. The administrators of all of the correctional facilities of the State, the chief of police of each county, all police officers of the State, and all correctional facility officials shall execute any such warrant of arrest in like manner as an ordinary criminal process.

(c) Any furloughed committed person retaken and reincarcerated as provided in this chapter shall be confined according to the committed person's sentence for that portion of the committed person's term remaining unserved at the time of furlough, but subsequent furloughs, in the discretion of the director or designated agent, may be granted to a committed person during the life and in respect of sentence. [L 1987, c 338, pt of §3; am L 1997, c 383, §51]
Haw. Rev. Stat. § 346-383 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-383
Meetings; quorum.
Status: in_force

(a) The Hawaii interagency council on homelessness shall meet quarterly, or more frequently as it deems necessary.

(b) A majority of the members of the Hawaii interagency council on homelessness shall constitute a quorum to do business and to validate any decision or act of the council. [L 2012, c 105, pt of §2]
Haw. Rev. Stat. § 354D-8 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-8
Business operations; budget.
Status: in_force

(a) The administrator may purchase or cause to be purchased and maintained all necessary materials, supplies, space, services, and equipment required for the operation of the program.

(b) All acquisitions, purchases, and loan repayments of the administrator shall be payable from the revenues derived from the sale of goods and services authorized by this chapter.

(c) The administrator, with the approval of the director, may enter into loan arrangements with the director of finance or other organizations when funds are needed for a new or expanded program.

(d) The director or a designated representative shall make regular reports, including monthly operating statements and annual finance reports. The director shall provide the annual operating report for the correctional industries program to the governor and the legislature.

(e) The administrator shall submit a proposed annual budget of the correctional industries program as part of the total budget of the department of corrections and rehabilitation. The advisory committee shall review the budget of the correctional industries program. [L 1990, c 341, pt of §1; am L 1991, c 256, §3; am L Sp 1993, c 8, §54; am L 2004, c 216, §40 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 356D-34 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-34
[ §356D-34] Disposition of abandoned or seized property.
Status: in_force

[ §356D-34] Disposition of abandoned or seized property . (a) The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any federal public housing project upon compliance with the requirements of this section.

(b) The authority shall send notice by certified mail, at least five calendar days before disposition of the abandoned or seized property, to the address of the owner of the property abandoned or seized if the owner is known or can be determined. The notice shall apprise the owner of the identity and location of the property abandoned or seized and of the intent of the authority to sell, donate, or otherwise dispose of the property. If the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises on which the property was abandoned or seized.

(c) If the abandoned or seized property has an estimated value of $500 or more per item, as estimated at the discretion of the authority, the authority shall give public notice of the disposition at least once statewide or in a publication of local circulation in the county in which the property was abandoned or seized; provided that the disposition shall not take place fewer than five days after the publication date of the notice of intent to sell, donate, or otherwise dispose of the property.

(d) The sale of abandoned or seized property having an estimated value of $500 or more per item, as estimated at the discretion of the authority, shall be by public auction through oral offers in the county in which the property was abandoned or seized. If no bid is received, the property may be sold, donated, or otherwise disposed of as the authority deems appropriate.

(e) Any person entitled to the abandoned or seized property may repossess the property before its disposition upon proof of entitlement and payment of all unpaid rent, debts, charges, and fines owed to the authority and all handling, storage, appraisal, advertising, and other expenses incurred in connection with the proposed disposition of the abandoned or seized property; provided that storage fees shall be not less than $25 per day.

(f) The requirement of public notice and public auction pursuant to subsections (c) and (d) shall not apply when the value of the abandoned or seized property is less than $500 per item. The property may be sold, donated, or otherwise disposed of as the authority deems appropriate.

(g) The proceeds of the sale of abandoned or seized property, after deduction of all unpaid rent, debts, charges, and fines owed to the authority, and all expenses of handling, [storage], appraisal, advertising, and other expenses, shall be first offset against any amounts owed by the owner to the State. Any amount remaining shall be held in trust for the owner of the property for thirty days, after which time the proceeds shall be paid into the authority's appropriate special fund.

(h) The State and its officers, employees, and agents shall not be liable to the owner of abandoned or seized property for actions taken pursuant to this section. [L 2025, c 117, §1]
Haw. Rev. Stat. § 352-8 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-8
Guardianship and custody of the person committed.
Status: in_force

(a) Notwithstanding any law to the contrary, the director shall be the guardian of every youth committed to or received at the Hawaii youth correctional facilities. The director shall have all the powers and duties of a natural guardian of the youth; provided that the director shall not be liable in damages for the tortious acts committed by the youth.

(b) The director shall have custody of any committed person who is eighteen years of age or older for the period provided for by the court. [L 1980, c 303, pt of §8(1); am L 2004, c 161, §36]
Haw. Rev. Stat. § 346-173 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-173
Procedure for registration.
Status: in_force

(a) A person desiring to have the person's home registered as a family child care home shall make application to the department. Upon receipt of the application, the department shall conduct a study of the applicant's qualifications, home, and proposed operation. The department shall issue a certificate of registration to the applicant which authorizes the applicant to operate a family child care home if the department is satisfied that the premises and proposed operation will be in compliance with the minimum requirements established under section 346-172 and subject to the criminal history record checks under section 346-154.

The provider shall operate and maintain the premises of the family child care home in accordance with the minimum requirements established under section 346-172 so long as registered.

(b) The department may establish reasonable fees for the issuance or renewal of certificates of registration according to rules adopted pursuant to chapter 91. [L 1985, c 208, pt of §2; am L 2012, c 161, §3]
Haw. Rev. Stat. § 353-16.35 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16.35
Development or expansion of in-state correctional facilities.
Status: in_force

(a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of private in-state correctional facilities or public in-state turnkey correctional facilities to reduce prison overcrowding; provided that if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of an existing correctional facility under section 343-5, then notwithstanding the time periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement.

(b) Any development or expansion proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:

(1) The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;

(2) The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;

(3) The facility's impact on available modes of transportation, including airports, roads, and highways; and

(4) A useful life costs analysis.

(c) For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation. [L 1998, c 227, pt of §5; am L 2003, c 221, §1]
Haw. Rev. Stat. § 346-376 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-376
Additional powers.
Status: in_force

The powers conferred upon the department 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 conferred.
Haw. Rev. Stat. § 356D-24 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-24
Trust indenture.
Status: in_force

(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the authority for the purposes of this part.

(b) A trust indenture may allow the authority to pledge and assign to the trustee agreements related to the housing project or projects and the rights of the authority thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.

(c) Where a trust indenture provides that any bond issued under that trust indenture is not valid or obligatory for any purpose unless certified or authenticated by the trustee, all signatures of the officers of the State upon the bonds required by section 39-56 may be facsimiles of their signatures.

(d) A trust indenture shall also contain provisions as to:

(1) The investment of the proceeds of the bonds, the investment of any reserve for the bonds, the investment of the revenues of the housing project or system of housing projects, and the use and application of the earnings from investments; and

(2) The terms and conditions upon which the holders of the bonds or any portion of them or any trustee thereof may institute proceedings for the enforcement of any agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived therefrom.

(e) A trust indenture may also contain provisions deemed necessary or desirable by the authority to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the housing projects or in the financing of the costs of administering, operating, or maintaining the housing projects. [L 2006, c 180, pt of §2; am L 2025, c 89, §11]
Haw. Rev. Stat. § 356D-9 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-9
Cooperative agreements with other government agencies.
Status: in_force

(a) The authority may:

(1) Obtain the aid and cooperation of other government agencies in the planning, construction, and operation of public housing projects and enter into agreements and arrangements as it deems advisable to obtain aid and cooperation;

(2) Arrange or enter into agreements with any government agency for the acquisition by that agency of property, options, or property rights; for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks, or other places; for the furnishing of property, services, parks, sewage, water, and other facilities in connection with public housing projects; or for the changing of the map of a political subdivision or the planning, replanning, zoning, or rezoning of any part of a political subdivision;

(3) Procure insurance or guarantees from any government agency for the payment of any debts or parts thereof incurred by the authority, including the power to pay premiums on any such insurance; and

(4) Agree to make payments to the state or county government, if the government is authorized to accept payments, as the authority deems consistent with the maintenance of the character of public housing projects or the purposes of this chapter.

(b) For the purpose of aiding and cooperating in the planning, construction, and operation of public housing projects located within their respective territorial boundaries, the state or county government, upon those terms, with or without consideration, as it determines, may:

(1) Dedicate, grant, sell, convey, or lease any of its property, or grant easements, licenses, or any other rights or privileges therein to the authority or to the federal government;

(2) To the extent that it is within the scope of each of their respective functions:

(A) Cause the services customarily provided by each of them to be rendered for the benefit of public housing projects and the occupants thereof;

(B) Provide and maintain parks; and sewage, water, lights, and other facilities adjacent to or in connection with public housing projects;

(C) Open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other related facilities; and

(D) Change the map of a political subdivision or plan, replan, zone, or rezone any part of a political subdivision;

(3) Enter into agreements with the authority with respect to the exercise of the State or county's powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings;

(4) Employ, notwithstanding any other law as to what constitutes legal investments, any available funds belonging to them or within their control, including funds derived from the sale or furnishing of property or facilities to the authority, in the purchase of the bonds or other obligations of the authority, and exercise all the rights of any holder of the bonds or other obligations;

(5) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, and construction of public housing projects; and

(6) Enter into contracts with the authority or the federal government for any period agreeing to exercise any of the powers conferred by this subsection or to take any other action in aid of public housing projects.

In connection with the exercise of the powers conferred by this subsection, any political subdivision may incur the entire expense of any public improvements located within its territorial boundaries without assessment against abutting property owners.

For the purpose of aiding and cooperating in the planning, construction, and operation of public housing projects, the department of land and natural resources, the Hawaiian homes commission, and any other agency of the State having power to manage or dispose of its public lands, with the approval of the governor and with or without consideration, may grant, sell, convey, or lease for any period, any parts of such public lands, without limit as to area, to the authority or to the federal government.

Any law to the contrary notwithstanding, any gift, grant, sale, conveyance, lease, or agreement provided for in this section may be made by the state or county government without appraisal, public notice, advertisement, or public bidding.

If at any time title to, or possession of, any public housing project is held by any government authorized by law to engage in the development or administration of low-income housing or slum clearance projects, any agreement made under this section relating to the project shall inure to the benefit of and may be enforced by that government.

Insofar as this subsection is inconsistent with the provisions of any other law, this subsection shall control.

(c) Any county in which a public housing project is located or is about to be located may make donations or advances to the authority in sums as the county in its discretion may determine. The advances or donations shall be made for the purpose of aiding or cooperating in the construction and operation of the public housing project. The authority, when it has money available therefor, shall reimburse the county for all advances made by way of a loan to it. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-14.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-14.3
Guiding principles to be used by state agencies when dealing with children of incarcerated parents.
Status: in_force

The guiding principles to be used by the state agencies when dealing with children of incarcerated parents shall be as follows:

(1) Children should be treated with respect and dignity at all times;

(2) The children's safety and care should be of paramount importance to all involved;

(3) If the children so choose, communication avenues should be made available such that the children should have opportunities to see, speak to, or visit parents, where appropriate;

(4) State support for the children should be provided as resources permit;

(5) The children should be kept safe and informed at the time of the parent's arrest;

(6) The children's wishes should be taken into consideration regarding any decisions made concerning their welfare;

(7) The children's wishes should be taken into consideration when decisions are made about their incarcerated parent;

(8) Children should be well cared for in the absence of an incarcerated parent;

(9) Children should receive proper support during any struggles with the parent's incarceration;

(10) Children should not be judged, blamed, or labeled because of a parent's incarceration; and

(11) Children should receive support for the desire to retain a relationship with an incarcerated parent, where appropriate. [L Sp 2008, c 7, §2]
Haw. Rev. Stat. § 346-433 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-433
[ §346-433] Functions.
Status: in_force

[ §346-433] Functions. The office shall:

(1) Address issues identified and implement solutions recommended by the board through a cross-representation of state departments and the private sector, including private donors;

(2) Identify common issues, unmet needs, and challenges encountered by departments and work to solve those issues through a cross-representation of state departments and the private sector, including private donors;

(3) Seek funding solutions using moneys that each department has access to, including federal, state, and private sources, and work with philanthropic organizations and other entities from the private sector to re-evaluate the State's funding priorities and find funding solutions to implement interdepartmental programming;

(4) Establish a procurement team that has cross-agency representation to streamline existing department grant and funding management and meet existing fiduciary obligations and other state requirements;

(5) Interact with community agencies, organizations, and other stakeholders to ensure the office is meeting the needs and wellness requirements of communities throughout the State; and

(6) Create a social determinants of health electronic dashboard that identifies a baseline of needs and concerns that impede high quality-of-life outcomes. [L 2023, c 87, pt of §2]
Haw. Rev. Stat. § 346-59.9 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.9
Psychotropic medication.
Status: in_force

(a) This section shall apply only to the medicaid managed care and fee-for-service programs administered by the department when the department or the department's contracted health plan is the primary insurer. When the department is the secondary insurer, the department and its contracted health plans shall be responsible only for the secondary insurer's share of any psychotropic medication covered by the primary insurer.

(b) The department and its contracted health plans shall not impose any restriction or limitation on the coverage for, or a recipient's access to, antipsychotic medication.

(c) The department and its contracted health plans shall not impose any restriction or limitation on the coverage for, or a recipient's access to, antidepressant medication other than:

(1) Requiring that an individual must have two failed attempts on a generic antidepressant medication to receive coverage for a new brand-name antidepressant prescription; and

(2) Requiring that if an individual does not have two failed attempts on a generic antidepressant medication, that individual shall receive coverage for a brand-name antidepressant medication with prior authorization by the contracted health plan; provided that while a prior authorization request for a brand-name antidepressant medication submitted by the prescriber is pending, a supply of the prescribed medication sufficient to last until the request is resolved shall be covered if requested by the prescriber.

For purposes of this subsection, a "failed attempt" means that the prescribed generic antidepressant medication up to the maximum FDA-approved dosage is not effective in treating the individual, or the individual's compliance is compromised due to the side effects caused by the medication.

(d) The department and its contracted health plans shall not impose any restriction or limitation on the coverage for, or a recipient's access to, anti-anxiety medication other than:

(1) Requiring that an individual must have two failed attempts on a generic anti-anxiety medication to receive coverage for a new brand-name anti-anxiety prescription; and

(2) Requiring that if an individual does not have two failed attempts on a generic anti-anxiety medication, that individual shall receive coverage for a brand-name anti-anxiety medication with prior authorization by the contracted health plan; provided that while a prior authorization request for a brand-name anti-anxiety medication submitted by the prescriber is pending, a supply of the prescribed medication sufficient to last until the request is resolved shall be covered if requested by the prescriber.

For purposes of this subsection, a "failed attempt" means that the prescribed generic anti-anxiety medication up to the maximum FDA-approved dosage is not effective in treating the individual, or the individual's compliance is compromised due to the side effects caused by the medication.

(e) The department and its contracted health plans shall not require any individual stable on a brand-name antidepressant medication on or before July 1, 2010, to transfer to a different antidepressant medication, generic or brand-name, unless the individual's condition becomes unstable and requires the medication to be replaced.

(f) The department and its contracted health plans shall not require any individual stable on a brand-name anti-anxiety medication on or before July 1, 2010, to transfer to a different anti-anxiety medication, generic or brand-name, unless the individual's condition becomes unstable and requires the medication to be replaced.

(g) The department and its medicaid managed care contracted health plans shall have the authority to investigate fraud, abuse, or misconduct.

(h) All psychotropic medications covered by this section shall be prescribed by a psychiatrist, a physician, or an advanced practice registered nurse with prescriptive authority under chapter 457 and duly licensed in the State.

(i) As used in this section:

"Anti-anxiety medication" means those medications included in the United States Pharmacopeia's anxiolytic therapeutic category.

"Antidepressant medication" means those medications included in the United States Pharmacopeia's antidepressant therapeutic category.

"Antipsychotic medication" means those medications included in the United States Pharmacopeia's antipsychotic therapeutic category.

"Psychotropic medication" means only antipsychotic, antidepressant, or anti-anxiety medications approved by the United States Food and Drug Administration for the treatment of mental or emotional disorders. [L 2005, c 239, pt of §2, §5; am L 2006, c 311, pt of §2, §3; am L 2007, c 39, §§1, 2; am L 2010, c 205, §§2, 9; am L 2012, c 120, §2; am L 2015, c 20, §§6, 7; am L 2022, c 126, §2]
Haw. Rev. Stat. § 351-69 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-69
Commission staff.
Status: in_force

(a) Supervisory, administrative, and clerical personnel necessary for the efficient functioning of the commission shall be appointed as provided in section 26-35 without regard to chapter 76, but subject to chapter 89, and provided that:

(1) No position filled as of June 19, 2007 by an employee appointed pursuant to chapter 76 shall be affected by this [section]; and

(2) Upon becoming vacant, any position filled as of June 19, 2007 by an employee appointed pursuant to chapter 76 shall be filled by an employee appointed without regard to chapter 76.

(b) An executive director and an administrative assistant shall be appointed, without regard to chapter 76, for the proper administration and enforcement of this chapter. [L 1967, c 226, pt of §1; HRS §351 - 69; am L 1998, c 240, §5; am L 2001, c 176, §1; am L 2007, c 199, §2]

Revision Note

"June 19, 2007" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 346-103 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-103
Wages or salaries of public service employment.
Status: in_force

Any person in occupations of public service employment shall receive the prevailing rate of compensation for persons employed in similar public employment. If no prevailing rate exists, the director of human services shall determine the wage or salary; provided that no wage or salary for occupations of public service employment shall be less than the minimum wage as provided in section 387-2.
Haw. Rev. Stat. § 352-4 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-4
Rules and regulations.
Status: in_force

The director may adopt rules and regulations to carry out the purposes of this chapter. The rules and regulations shall be approved by the governor but shall not be subject to chapter 91 or require publication in order to be valid and binding upon all committed persons and officers and employees of such facilities. The rules shall be printed from time to time.
Haw. Rev. Stat. § 346-46 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-46
Certified nurse aides; training programs and recertification.
Status: in_force

The director shall:

(1) Approve training programs for nurse aides and ensure that the training programs comply with all applicable federal and state requirements;

(2) Approve and arrange for the recertification process for nurse aides who work in medicare or medicaid certified nursing facilities;

(3) Approve and arrange for the recertification process for nurse aides who work in state-licensed or state-certified health care settings; and

(4) Require recertification not less than every two years. The number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law. [L 2007, c 226, pt of §3; am L 2009, c 108, §2]
Haw. Rev. Stat. § 350-2 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-2
Action on reporting.
Status: in_force

(a) Upon receiving a report concerning child abuse or neglect , the department shall proceed pursuant to chapter 587A and the department's rules.

(b) The department shall inform the appropriate police department of all reports received by the department regarding a case of child abuse or neglect, including reports received under section 350-1.1; provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department pursuant only to court order or the person's consent.

(c) Upon receiving a report, if there is sufficient information to determine that the report involves a family where one of the parents, guardians, or alleged perpetrators is a member of an identifiable branch of the United States military, the department shall inform the appropriate authority for that branch of the military .

(d) The department shall inform the appropriate police department or office of the prosecuting attorney of the relevant information concerning a case of child abuse or neglect when the information is required by the police department or the office of the prosecuting attorney for the investigation or prosecution of that case; provided that the name of the person who reported the case of child abuse or neglect shall be released to the police department or the office of the prosecuting attorney pursuant only to court order or the person's consent.

(e) The department shall maintain a central registry of reported child abuse or neglect cases in accordance with section 350-2.5.

(f) For a confirmed case of child abuse or neglect that occurred at a licensed or registered child care facility as defined in section 346-151, the department may disclose that the report of child abuse or neglect was confirmed to any parent or guardian of a child who was enrolled at the licensed or registered child care facility as defined in section 346-151.

(g) For a confirmed case of child abuse or neglect that occurred at a child care facility as defined in section 346-151 that is operating in accordance with an exclusion or exemption pursuant to section 346-152 and upon receipt of consent, the department may disclose the report of child abuse or neglect was confirmed to any parent or guardian of a child who was enrolled at the child care facility.

(h) For a confirmed case of child abuse or neglect that results in a child's death or near fatality, the department may disclose to the public:

(1) The cause of and circumstances regarding the fatality or near fatality;

(2) The age and gender of the child;

(3) Information describing any previous reports and results of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality; and

(4) The action taken by the department on behalf of the child that is pertinent to the child abuse or neglect that led to the fatality or near fatality.

(i) The department shall adopt rules as may be necessary in carrying out this section. [L 1967, c 261, §3; HRS §350-2; am L 1970, c 105, §5; am L 1987, c 204, §6 and c 339, §4; am L 1991, c 123, §1; am L 1998, c 134, §5; am L 1999, c 271, §5; am L 2010, c 135, §7; am L 2017, c 16, §3; am L 2018, c 176, §1; am L 2019, c 85, §1; am L 2024, c 147, §3; am L 2025, c 260, §2]
Haw. Rev. Stat. § 347-9 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-9
Visiting blind and visually handicapped persons; home teaching.
Status: in_force

The department of human services may take whatever measures it deems necessary to ameliorate the condition of blind and visually handicapped persons by promoting visits among them, providing instruction in their homes, and circulating reading matter among them for their education and recreation.
Haw. Rev. Stat. § 354D-12 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-12
Training and employment by organization; account proceeds and wages.
Status: in_force

(a) The administrator, after consultation and with the approval of the director, is authorized to contract with any labor organization, private profit or nonprofit organization, or federal or state agency for the purpose of training or employing qualified, able-bodied inmates.

(b) Proceeds and wages owed to a qualified, able-bodied inmate from the sale of goods or services that were produced by the qualified, able-bodied inmate under a program authorized by this chapter shall be held in an account maintained by the department and paid:

(1) To the crime victim compensation special fund on a quarterly basis in amounts representing not less than five per cent nor more than twenty per cent of the earnings of all inmates in the State incarcerated for a violent crime listed in section 351-32; provided that these payments shall be mandatory and shall in no way relate to any claim filed under chapter 351; and provided further that the director shall submit timely annual reports to the legislature and the crime victim compensation commission on the amounts paid pursuant to this paragraph during the previous fiscal year;

(2) To support the qualified, able-bodied inmate's dependents in amounts deemed appropriate by the department after consultation with the department of human services;

(3) Into trust funds that may be established for the qualified, able-bodied inmate and shall be payable upon the inmate's release; and

(4) Into the correctional industries revolving fund, for costs incident to the qualified, able-bodied inmate's confinement in an amount determined by the department, but not to exceed twenty per cent of the proceeds and wages. [L 1990, c 341, pt of §1; am L 1992, c 125, §2; am L 1993, c 303, §2; am L 1998, c 240, §§6, 7; am L 1999, c 18, §12]
Haw. Rev. Stat. § 363-4 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-4
Establishment of cemeteries on Hawaii, Kauai, Maui, Molokai, and Lanai.
Status: in_force

The department of land and natural resources shall set aside, or acquire by exchange, purchase, or condemnation, in the manner provided by law, land suitable for the establishing of veterans cemeteries on the islands of Hawaii, Maui, Kauai, Molokai, and Lanai.
Haw. Rev. Stat. § 353-29 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-29
What officials may visit.
Status: in_force

The governor, lieutenant governor, attorney general, director of finance, director of health, comptroller, judges of all state courts, the ombudsman, the mayors of the counties, members of the legislature, and members of county councils shall be allowed at suitable hours to visit any state correctional facility.
Haw. Rev. Stat. § 346-53.2 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.2
Temporary assistance for needy families; funding and programs; public comment.
Status: in_force

(a) The department, to the extent allowed under section 346-10, shall make all data relating to temporary assistance for needy families funds available to the senate and house of representatives committees having primary jurisdiction over fiscal, health, and human services issues, upon request. The committees shall jointly evaluate the implementation of the state temporary assistance for needy [families] program and program expenditures and make annual recommendations for appropriations.

(b) The legislature may conduct hearings to receive public comment relating to the implementation of the state temporary assistance for needy families program and the optimal expenditure of program funds. The legislature shall determine the number and timing of hearings to be held; provided that if hearings are held, no fewer thanone hearing on each island of the State shall be held annually; provided further that the senate and house of representatives committees having primary jurisdiction over fiscal, health, and human services matters shall jointly conduct the public hearings. [L 2005, c 165, §2]
Haw. Rev. Stat. § 350-1.4 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.4
Confidentiality.
Status: in_force

(a) All reports to the department concerning child abuse or neglect made pursuant to this chapter, as well as all records of such reports, are confidential. The director may adopt rules, pursuant to chapter 91, to provide for the confidentiality of reports and records and for the authorized disclosure of reports and records. Any person who intentionally makes an unauthorized disclosure of a report or record of a report made to the department shall be guilty of a misdemeanor.

(b) Every reasonable good faith effort shall be made by the department to maintain the confidentiality of the name of a reporter who requests that the reporter's name be confidential.

(c) Notwithstanding subsection (a) and section 346-10, the director may adopt rules pursuant to chapter 91 to provide for the release of information required by federal statute or regulation. [L 1987, c 204, §2; am L 1999, c 34, §2]
Haw. Rev. Stat. § 356D-95 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-95
Ex parte motion.
Status: in_force

If a tenant cannot be served with an order of eviction or writ of possession, and the facts shall appear by affidavit to the authority, service to the tenant may be made according to the special order of the authority. The order shall require the officer to affix a certified copy of the order of eviction or writ of possession in a conspicuous place upon the premises such as the door or wall of the dwelling unit.
Haw. Rev. Stat. § 348-3 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-3
Functions of the department.
Status: in_force

(a) Except as may be otherwise provided with respect to the blind, the department of human services shall be the state agency to supervise and administer the vocational rehabilitation services authorized by this chapter under the state plan formulated in conformance with the Federal Vocational Rehabilitation Act, as amended, except for that part as may be administered by a local agency of a political subdivision in the State, and the department of human services shall be the agency to supervise the local agency in the administration of that part.

(b) The director of human services shall prepare, conformable to this chapter, the regulations and the state plan of vocational rehabilitation, and from time to time prepare such changes as shall appear to be necessary or desirable.

(c) Within such limits and under such conditions as may be specified in appropriations therefor, the department may establish public and other nonprofit rehabilitation facilities and workshops.

(d) The department shall use available state appropriations and donations for initiating projects for research, demonstrations, training, and traineeships, and for planning for and initiating expansion of vocational rehabilitation services under the state plan whenever federal funds are available for such purposes. [L 1955, c 231, pt of §2; RL 1955, §42-32; am L Sp 1959 2d, c 1, §18; HRS §348-3; am L 1969, c 53, §2; am L 1970, c 105, §5; am L 1979, c 188, §1(3); am L 1987, c 339, §4]
Haw. Rev. Stat. § 346C-2 — HI Code / Division 1 / Title 20 / Chapter 346C / Section 346C-2
Long-term care financing program; establishment.
Status: in_force

There is established the long-term care financing program, which shall be placed with the department of budget and finance for administrative purposes. The purpose of this program shall be to provide a universal and affordable system of providing for long-term care. The program shall be administered by a board of trustees.
Haw. Rev. Stat. § 346-62 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-62
Examination of blind.
Status: in_force

The department of human services shall not approve an application for public assistance to a blind person until the applicant has been examined by an ophthalmologist, optometrist, or a qualified physician designated by it to make such examinations. The examining person shall certify to the department the diagnosis, prognosis, and visual acuity of the applicant. Certification shall be in forms prescribed by the department.
Haw. Rev. Stat. § 346-146 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-146
Penalty.
Status: in_force

Any person who uses the transportation assistance under this chapter for any purpose other than that for which approved by the director shall be guilty of a misdemeanor and required to return the full amount of the transportation assistance used.
Haw. Rev. Stat. § 351-67 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-67
Survival and abatement.
Status: in_force

The rights to compensation created by this chapter are personal and shall not survive the death of the person or beneficiary entitled thereto, provided that if such death occurs after an application for compensation has been filed with the commission, the proceeding shall not abate, but may be continued by the legal representative of the decedent's estate.
Haw. Rev. Stat. § 356D-160 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-160
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 so conferred.
Haw. Rev. Stat. § 353H-9 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-9
[ §353H-9] Annual reporting requirements.
Status: in_force

[ §353H-9] Annual reporting requirements. (a) For each program established pursuant to this chapter, the department shall submit a report to the legislature no later than the first day of December each year, beginning with the period ending on November 30, 2018. Each report shall reference key performance indicators that track rehabilitation and reentry efforts for individuals being prepared to exit the correctional system. 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 reasons why participants do not complete a program; and

(9) A complete list of programs that are no longer offered and explanations for termination of the programs.

(b) The department shall also submit a report, including all of the key performance indicators provided under this chapter, to the legislature no later than the first day of December each year, beginning with the period ending on November 30, 2018.

(c) The department shall also post the reports electronically on the department's website in a timely manner. [L 2018, c 212, pt of §2]
Haw. Rev. Stat. § 346C-8 — HI Code / Division 1 / Title 20 / Chapter 346C / Section 346C-8
Qualified long-term care services.
Status: in_force

(a) To be eligible for benefit payments for long-term care services under the program, a qualifying individual shall:

(1) Need assistance with two or more activities of daily living; or

(2) Be afflicted with Alzheimer's disease or dementia.

(b) An individual qualifying for long-term care services under the program shall have written certification from a physician or osteopathic physician licensed under chapter 453 or an advanced practice registered nurse licensed under section 457-8.5, assigned by the board of trustees certifying that the individual requires one or more long-term care services for the period of time during which the individual receives the benefits under the program. The written certification shall specify that the individual:

(1) Is unable to perform, without substantial assistance from another individual, at least two of six activities of daily living for a period of at least ninety days due to a loss of functional capacity; or

(2) Requires substantial supervision to protect the individual from threats to health and safety to self or others due to severe cognitive impairment.

(c) The written certification required by subsection (b) shall be subject to approval by the board of trustees. [L 2002, c 245, pt of §2; am L 2009, c 11, §46; am L 2015, c 35, §44]
Haw. Rev. Stat. § 350E-4 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-4
Appropriate authority in Hawaii.
Status: in_force

As used in paragraph (a) of Article V the phrase "appropriate authority in the receiving state" with reference to this State means the department of human services.
Haw. Rev. Stat. § 352D-10 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-10
Regional directors; powers, duties, and authority.
Status: in_force

The executive director shall appoint a regional director in each county. Each regional director shall be exempt from chapter 76, and shall answer to the executive director. The regional director shall:

(1) Oversee the youth services centers located in the director's region;

(2) Assist the executive director in coordinating, monitoring, and evaluating all programs and activities operated by the office within its region;

(3) Advise the executive director on any pertinent issue related to the youth service system within the director's region; and

(4) Provide staff support for the regional advisory board located in the director's region. [L 1991, c 258, pt of §2; am L 2000, c 253, §150]
Haw. Rev. Stat. § 346-37.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-37.3
Notice of child support debt.
Status: in_force

The department shall notify the child support enforcement agency of the amount of, and the periods during which, public assistance was provided to or for the benefit of any dependent child or children.
Haw. Rev. Stat. § 367-2.3 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-2.3
Compensation.
Status: in_force

The members shall serve without compensation but shall be reimbursed for their necessary expenses in attending meetings of the commission and in the discharge of their duties.
Haw. Rev. Stat. § 353-41 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-41
[ §353-41] Restrictive housing; restrictions on use; policies and procedures.
Status: in_force

[ §353-41] Restrictive housing; restrictions on use; policies and procedures. (a) Beginning July 1, 2026, except as otherwise provided in subsection (d), the use of restrictive housing in correctional facilities shall be restricted as follows:

(1) A committed person shall not be placed in restrictive housing unless there is reasonable cause to believe that the committed person would create a substantial risk of immediate serious harm to the committed person's self or another, as evidenced by recent threats or conduct, and that a less restrictive intervention would be insufficient to reduce this risk; provided that the correctional facility shall bear the burden of establishing the foregoing by clear and convincing evidence;

(2) A committed person shall only be held in restrictive housing pursuant to initial procedures and reviews that provide timely, fair, and meaningful opportunities for the committed person to contest the confinement. These procedures and reviews shall include the right to:

(A) An initial hearing held within twenty-four hours of placement in restrictive housing, in the absence of exceptional circumstances, unavoidable delays, or reasonable postponements;

(B) Appear at the hearing;

(C) Be represented at the hearing;

(D) An independent hearings officer; and

(E) Receive a written statement of reasons for the decision made at the hearing;

(3) The final decision to place a committed person in restrictive housing shall be made by the warden or the warden's designee;

(4) A committed person shall not be placed or held in restrictive housing if the warden or the warden's designee determines that the committed person no longer meets the criteria for the confinement;

(5) A disciplinary sanction of restrictive housing imposed on a committed person who is subsequently removed from restrictive housing pursuant to this subsection shall be deemed completed;

(6) During a facility-wide lockdown, a committed person shall not be placed in restrictive housing for more than thirty consecutive days, or for more than forty-five days total during any sixty-day period;

(7) Cells or other holding or living space used for restrictive housing shall be properly ventilated, lit, temperature-controlled, clean, and equipped with properly functioning sanitary fixtures;

(8) A correctional facility shall maximize the amount of time spent outside of the cell by a committed person held in restrictive housing by providing the committed person with access to recreation, education, clinically appropriate treatment therapies, skill-building activities, and social interaction with staff and other committed persons, as appropriate;

(9) A committed person held in restrictive housing shall not be denied access to:

(A) Food, water, or any other necessity;

(B) Appropriate medical care, including emergency medical care; and

(C) Legal counsel;

(10) Each committed person held in restrictive housing shall receive a written copy of the committed person's sanction and the criteria for a pathway back into the general population. The department shall ensure that the committed person understands the reason for the sanction and the criteria for the pathway back into the general population. The committed person's case manager shall work with the committed person in restrictive housing to develop a plan of action to reduce the committed person's violations, return the committed person to the general population, and work on the committed person's rehabilitation; and

(11) A committed person shall not be released directly from restrictive housing to the community during the final one hundred eighty days of the committed person's term of incarceration, unless necessary for the safety of the committed person, staff, other committed persons, or the public. This paragraph shall not be interpreted to delay a committed person's scheduled release.

(b) Beginning July 1, 2026, except as otherwise provided in subsection (c), a committed person who is twenty-one years of age or younger, or is pregnant, in the postpartum period, or recently suffered a miscarriage or terminated pregnancy shall not be placed in restrictive housing; provided that a committed person who:

(1) Is twenty-one years of age or younger, has a disability based on mental illness, or has a developmental disability shall:

(A) Not be subject to discipline for refusing treatment or medication, or for engaging in self-harm or related conduct or threatening to do so; and

(B) Be screened by a correctional facility clinician or the appropriate screening service pursuant to rules and, if found to meet the criteria for civil commitment, shall be placed in a specialized unit designated by the director or deputy director of the department, or civilly committed to the least restrictive appropriate short-term care or psychiatric facility designated by the department of health, but only if the committed person would otherwise have been placed in restrictive housing; or

(2) Is pregnant, is in the postpartum period, or recently suffered a miscarriage or terminated a pregnancy, shall alternatively be placed in an appropriate medical or other unit designated by the director or deputy director of the department, but only if the committed person would otherwise have been placed in restrictive housing.

(c) Beginning July 1, 2026, the use of restrictive housing in correctional facilities shall be permitted only under the following limited circumstances:

(1) The warden or the warden's designee determines that a facility-wide lockdown is necessary to ensure the safety of committed persons in the facility, until the warden or the warden's designee determines that the threat to a committed person's safety no longer exists. The warden or the warden's designee shall document the specific reasons that any facility-wide lockdown was necessary for more than twenty-four hours, and the specific reasons why less restrictive interventions were insufficient to accomplish the facility's safety goals. Within twelve hours of a decision to extend a facility-wide lockdown beyond twenty-four hours, the director or deputy director of the department shall publish the foregoing reasons on the department's website and shall provide meaningful notice to the legislature of the reasons for the lockdown;

(2) The warden or the warden's designee determines that a committed person should be placed in emergency confinement; provided that:

(A) A committed person shall not be held in emergency confinement for more than forty-eight hours; and

(B) A committed person placed in emergency confinement shall receive an initial medical and mental health evaluation within twelve hours and a personal and comprehensive medical and mental health examination conducted by a clinician within twenty-four hours. Reports of these evaluations shall be immediately provided to the warden or the warden's designee;

(3) A physician, based upon the physician's personal examination of a committed person, determines that the committed person should be placed or held in medical isolation; provided that any decision to place or hold a committed person in medical isolation due to a mental health emergency shall be made by a clinician and based upon the clinician's personal examination of the committed person. In any case of medical isolation occurring under this paragraph, a clinical review shall be conducted at least every twelve hours and as clinically indicated. A committed person in medical isolation due to a mental health emergency pursuant to this paragraph shall be placed in a mental health unit designated by the director or deputy director of the department;

(4) The warden or the warden's designee determines that a committed person should be placed in protective custody; provided that:

(A) A committed person may be placed in voluntary protective custody only when the committed person has provided voluntary, informed, and written consent and there is reasonable cause to believe that protective custody is necessary to prevent reasonably foreseeable harm. When a committed person makes a voluntary, informed, and written request to be placed in protective custody and the request is denied, the correctional facility shall bear the burden of establishing a basis for denying the request;

(B) A committed person may be placed in involuntary protective custody only when the correctional facility is able to establish by clear and convincing evidence that protective custody is necessary to prevent reasonably foreseeable harm and that a less restrictive intervention would be insufficient to prevent the harm;

(C) A committed person placed in protective custody shall be provided opportunities for activities, movement, and social interaction, in a manner consistent with ensuring the committed person's safety and the safety of other persons, that are comparable to the opportunities provided to committed persons in the facility's general population;

(D) A committed person subject to removal from protective custody shall be provided with a timely, fair, and meaningful opportunity to contest the removal;

(E) A committed person who is currently or may be placed in voluntary protective custody may opt out of that status by providing voluntary, informed, and written refusal of that status; and

(F) Before placing a committed person in protective custody, the warden or the warden's designee shall use a less restrictive intervention, including transfer to the general population of another facility or to a special-purpose housing unit for committed persons who face similar threats, unless the committed person poses an extraordinary security risk so great that transferring the committed person would be insufficient to ensure the committed person's safety; and

(5) The warden or the warden's designee determines that a committed person should be placed in restrictive housing pending investigation of an alleged disciplinary offense; provided that:

(A) The committed person's placement in restrictive housing is pursuant to approval granted by the warden or the warden's designee in an emergency situation, or is because the committed person's presence in the facility's general population while the investigation is ongoing poses a danger to the committed person, staff, other committed persons, or the public; provided further that the determination of danger shall be based upon a consideration of the seriousness of the committed person's alleged offense, including whether the offense involved violence or escape, or posed a threat to institutional safety by encouraging other persons to engage in misconduct;

(B) The committed person's placement in restrictive housing shall not revert to another form of segregation after the initial sanction has been served;

(C) A committed person's placement in restrictive housing pending investigation of an alleged disciplinary offense shall be reviewed within twenty-four hours by a supervisory-level employee who was not involved in the initial placement decision; and

(D) A committed person who has been placed in restrictive housing pending investigation of an alleged disciplinary offense shall be considered for release to the facility's general population if the committed person demonstrates good behavior while in restrictive housing. If the committed person is found guilty of the disciplinary offense, the committed person's good behavior shall be considered when determining the appropriate penalty for the offense.

(d) No later than July 1, 2026, the department shall develop written policies and implement procedures, as necessary and appropriate, to effectuate this section, including:

(1) Establishing less restrictive interventions as alternatives to restrictive housing, including separation from other committed persons, transfer to other correctional facilities, and any other sanction not involving restrictive housing that is authorized by the department's policies and procedures; provided that any temporary restrictions on a committed person's privileges or access to resources, including religious services, mail and telephone privileges, visitation by contacts, and outdoor or recreation access, shall be imposed only when necessary to ensure the safety of the committed person or other persons, and shall not restrict the committed person's access to food, water, basic necessities, or legal assistance;

(2) Requiring periodic training of disciplinary staff and all other staff who interact with committed persons held in restrictive housing; provided that the training:

(A) Is developed and conducted with assistance from appropriately trained and qualified professionals; and

(B) Clearly communicates the applicable standards for restrictive housing, including the standards set forth in this section;

(3) Requiring documentation of all decisions, procedures, and reviews of committed persons placed in restrictive housing;

(4) Requiring monitoring of compliance with all rules governing cells, units, and other spaces used for restrictive housing;

(5) Requiring the posting of quarterly reports on the department's official website that:

(A) Describe the nature and extent of each correctional facility's use of restrictive housing and include data on the age, sex, gender identity, ethnicity, incidence of mental illness, and type of confinement status for committed persons placed in restrictive housing;

(B) Include the population of committed persons as of the last day of each quarter and a non-duplicative, cumulative count of the number of committed persons placed in restrictive housing during the fiscal year;

(C) Include the incidence of emergency confinement, self-harm, suicide, and assault in any restrictive housing unit, as well as explanations for each instance of facility-wide lockdown; and

(D) Exclude personally identifiable information regarding any committed person; and

(6) Updating the department's corrections administration policy and procedures manual, as necessary and appropriate, to comply with this section, including the requirement to use appropriate alternatives to restrictive housing for committed persons .

(e) Following the initial hearing for the placement of an individual into restrictive housing, the department shall immediately notify and transmit all relevant documentation to the Hawaii correctional system oversight commission. The Hawaii correctional system oversight commission shall review the determinations regarding the imposition, ongoing use, and termination of restrictive housing for fairness, impartiality, alignment with best practices, and availability of resources and adequate staffing, and shall issue annual reports on the utilization thereof.

The Hawaii correctional system oversight commission shall actively monitor and review all housing placements involving individuals subjected to twenty or more hours of cell confinement, irrespective of whether the placements are designated as restrictive housing by the department or state-contracted facilities, to ensure that the department and its contracted entities do not implement cell confinement exceeding twenty or more hours without proper adherence to the procedures set forth in this section.

(f) As used in this section:

"Correctional facility" means a state prison, other penal institution, or an institution or a facility designated by the department as a place of confinement under this chapter. "Correctional facility" includes community correctional centers, high-security correctional facilities, temporary correctional facilities, in-state correctional facilities, state-contracted correctional facilities operated by private entities, and jails maintained by county police departments.

"Restrictive housing" is defined as occurring when all of the following conditions are present:

(1) A committed person is confined in a correctional facility pursuant to disciplinary, administrative, protective, investigative, medical, or other purposes;

(2) The confinement occurs in a cell or similarly physically restrictive holding or living space, whether alone or with one or more other committed persons, for twenty hours or more per day; and

(3) The committed person's activities, movements, and social interactions are severely restricted. [L 2025, c 292, §2]
Haw. Rev. Stat. § 346C-4 — HI Code / Division 1 / Title 20 / Chapter 346C / Section 346C-4
Fiduciary and other obligations of the board of trustees.
Status: in_force

(a) The board of trustees shall:

(1) Have and maintain a fiduciary obligation for the program;

(2) Discharge their duties solely in the best interest of the program;

(3) Not knowingly participate in or undertake to conceal an act or omission of a trustee, when the act or omission is known to be a breach of fiduciary responsibility; or fail to discharge specific fiduciary responsibilities in a manner that enables another trustee to commit a breach; or having knowledge of a breach, fail to take whatever action that is reasonable and appropriate under the circumstances to remedy the breach;

(4) Act with the care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent trustee, acting in a like capacity and familiar with similar matters would use in conducting an enterprise of similar character and purpose; and

(5) Maintain proper books of accounts and records of the administration of the program.

(b) The board of trustees may contract with a qualified entity to administer the program or to process claims for benefit payments, or both; provided that the entity shall be appropriately licensed under chapter 431. Selection of the entity shall be subject to chapter 103D; provided that the insurance commissioner shall advise the board of trustees in selection of the entity.

(c) In lieu of subsection (b), the board of trustees may contract with a qualified entity to assume the risk of underwriting loss under the program at a capitated rate of payment to the entity. The entity shall be appropriately licensed under chapter 431 and adequately capitalized. Selection of the entity shall be subject to chapter 103D; provided that the state insurance commissioner shall advise the board of trustees in the selection of the entity. An entity selected under this subsection shall perform the functions under subsection (b), in addition to assuming the risk. [L 2002, c 245, pt of §2]
Haw. Rev. Stat. § 346-394 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-394
Jurisdiction.
Status: in_force

The family courts established pursuant to chapter 571 shall have exclusive jurisdiction over proceedings brought under this part.
Haw. Rev. Stat. § 346 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346
-374 Homeless shelter stipends.
Status: in_force

(a) The department may make or may contract to make homeless shelter stipend payments to a provider agency operating or managing an emergency or transitional shelter. Under each contract, the department shall pay homeless shelter stipends only for performance measures actually achieved by the provider agency, such as the number of homeless families or individuals actually provided with shelter and appropriate services at the emergency or transitional shelter. The contract also may include provisions for the automatic adjustment of the homeless shelter stipend amounts, depending on factors agreed to by the department and provider agency.

(b) In making homeless shelter stipend payments to a provider agency, the department may establish minimum services to be provided by the provider agency to homeless families or individuals at the provider agency's shelter. The department may also direct provider agencies to establish and manage a savings account program as described in subsection (c). Additionally, the department may direct provider agencies to subcontract for outreach services from other private agencies specializing in programs for the unsheltered homeless.

(c) When authorized under a contract with the department, a provider agency may establish and collect shelter and services payments from homeless families or individuals in addition to the amount received in homeless shelter stipend payments. To the extent possible, the shelter and service payment amounts established and collected by a homeless facility, other than an emergency shelter, shall be based on the homeless families' and individuals' ability to pay. If collection of payments based on ability to pay is too difficult, costly, or inefficient for the provider agency, the payment amounts may be based on other criteria authorized under the contract or waived partially or entirely.

Provider agencies and the department may also set aside a portion of the payments in a savings account to be made available to homeless families or individuals when these families and individuals vacate the shelter.

(d) Any state funding assistance provided to a provider agency for compliance with the minimum requirements under section 346-374.5(b) shall be in addition to homeless shelter stipends paid to the provider agency. [L 2010, c 89, pt of §2; am L 2016, c 234, §5; am L 2017, c 100, §4](a) In addition to any other duties prescribed by law, the department shall develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals and families. The department shall actively partner with and monitor the efforts of the counties.

(b) Each county shall be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters. The designated locations may include private, county, state, and federal lands. [L 2010, c 89, pt of §2][§346‑152.7]Safe sleep policy. (a) All child care facilities, which include family child care homes, group child care centers, and group child care homes, as those terms are defined in section 346-151, and infant and toddler child care centers, that are registered or licensed by the department to provide care for children less than one year of age shall implement and maintain a written safe sleep policy in accordance with any rules that may be adopted by the department to implement the provisions of this section. The purpose of the safe sleep policy shall be to maintain a safe sleep environment that prevents the occurrence of sudden infant death syndrome and sudden unexpected infant deaths in children less than one year of age.

(b) As used in this section:

"Sudden infant death syndrome" means the sudden death of an infant less than one year of age that cannot be explained after a thorough investigation has been conducted, including a complete autopsy, an examination of the death scene, and a review of the clinical history.

"Sudden unexpected infant death" means the sudden and unexpected death of an infant less than one year of age in which the manner and cause of death are not immediately obvious prior to investigation. Causes of sudden unexpected infant death include but are not limited to metabolic disorders, hypothermia or hyperthermia, neglect or homicide, poisoning, and accidental suffocation. [L 2013, c 71, §2]If there is any conflict between this part and any other law, this part shall control.No provider agency or any other agency, or donor or donors, or method or act thereof that complies with this part shall be deemed a conspiracy or combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily, or the creation of a combination or pool, or to accomplish any improper or illegal purpose. Any cooperation or agreement established pursuant to rule shall not be considered as illegal, in restraint of trade, or as part of a conspiracy or combination to accomplish an illegal purpose or act.
Haw. Rev. Stat. § 355-1 — HI Code / Division 1 / Title 20 / Chapter 355 / Section 355-1
Compact.
Status: in_force

The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of the State of Hawaii with any and all other states legally joining therein in a form as follows:

WESTERN INTERSTATE CORRECTIONS COMPACT

Article 1. Purpose and Policy

The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders.

Article 2. Definitions

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

(a) "State" means a state of the United States, and Guam.

(b) "Sending state" means a state party to this compact in which conviction was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.

(d) "Inmate" means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

(e) "Institution" means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.

Article 3. Contracts

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

(3) Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

Article 4. Procedures and Rights

(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article 3, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or is desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article 3.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

Article 5. Acts Not Reviewable in Receiving State; Extradition

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

Article 6. Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have had contractual provision; provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

Article 7. Entry Into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.

Article 8. Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

Article 9. Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

Article 10. Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [L 1965, c 118, §1; Supp, §83E-1; HRS §355-1]
Haw. Rev. Stat. § 349-17 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-17
Kupuna care program.
Status: in_force

(a) The executive office on aging may establish the kupuna care program. The program shall provide an array of long -term services and supports to address the needs of Hawaii's older adults to age in place and avoid institutionalization and to provide support services to caregivers or employed caregivers in their efforts to assist older adults to continue residing in their homes.

(b) The program shall be coordinated and administered by the executive office on aging and implemented through the area agencies on aging.

(c) To qualify for the kupuna care program, an individual shall be a care recipient, caregiver, or employed caregiver as defined in section 349-16.

(d) An area agency on aging, through the aging and disability resource center or any other entity designated by the executive office on aging, shall determine eligibility for the program, which may include the following:

(1) An intake process to preliminarily determine eligibility for publicly funded services and supports, including kupuna care services;

(2) A comprehensive in-home assessment of the care recipient or a caregiver assessment, if necessary; and

(3) A written, individualized, person-centered support plan that identifies all services and supports needed or currently used to meet the needs of the care recipient, caregiver, or employed caregiver, including those provided by other programs such as medicaid or privately paid programs.

(e) An area agency on aging shall use the assessment data and individual's support plan to confirm kupuna care program eligibility before authorizing and coordinating services and supports. An area agency on aging shall authorize and allot kupuna care services and shall not delegate the service authorization function to the agency's subcontractors.

(f) The kupuna care program shall be delivered through two distinct service options: traditional service delivery or participant-directed services and support, based on an individualized, person-centered support plan for each eligible care recipient, caregiver, or employed caregiver; provided that:

(1) Traditional service delivery shall be by a service provider that provides services to care recipients, caregivers, and employed caregivers under a formal contractual arrangement with the executive office on aging or applicable area agency on aging; and

(2) Participant-directed services and support shall address the care recipient's assessed needs through person-centered planning. The care recipient shall have decision-making authority over their own budget to purchase and manage their needed services and supports based upon their person-centered support plan.

(g) An individual shall be determined to be ineligible for kupuna care services when:

(1) The individual does not meet the eligibility requirements specified;

(2) The individual's need is not substantiated through an in-home assessment;

(3) The individual leaves the State or the individual's whereabouts are unknown; or

(4) The individual refuses services.

(h) An area agency on aging shall provide an individual with written notice of the disposition of ineligibility for kupuna care services.

(i) An individual who has been determined ineligible for kupuna care services shall have the opportunity to appeal the decision to the applicable area agency on aging.

(j) Prior to termination of kupuna care services, service providers shall notify the applicable area agency on aging of the date and reason for termination. Termination of kupuna care services may occur if the care recipient, caregiver, or employed caregiver:

(1) Moves and the provider is unable to locate the care recipient, caregiver, or employed caregiver;

(2) Is transferred to another area agency on aging;

(3) Dies;

(4) No longer needs or wants kupuna care services and supports, or no longer needs or wants a particular kupuna care service or support;

(5) Is uncooperative with the service provider;

(6) Is noncompliant with the basic requirements of the program;

(7) Engages in behavior that threatens or demonstrates violence toward the service provider;

(8) Is placed or resides in a long-term care facility, such as an intermediate care facility, assisted living facility, skilled nursing facility, hospital, community care foster family home, adult foster home, adult residential care home, expanded adult residential care home, or developmental disabilities domiciliary home;

(9) Uses comparable services from other programs; or

(10) Has a communicable disease that threatens the safety and welfare of the service provider.

(k) All area agencies on aging shall record all consumer data, assessments, and service delivery within a statewide consolidated database.

(l) The kupuna care program shall award an allocation of funds to cover costs for services, subject to availability of funding; provided that the allocated funds shall be issued directly to the service provider or financial management service provider upon request and receipt of an invoice for services rendered.

(m) The executive office on aging shall develop an outreach plan to inform individuals of the kupuna care program and services of the program.

(n) The executive office on aging shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the kupuna care program. The report shall include, at minimum:

(1) The number of individuals who participate in the kupuna care program, including the types of programs in which they participate; and

(2) The number of individuals on a program waitlist, including the types of programs for which they are on a waitlist.

(o) The director may adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2012, c 238, §2; §349-3.1; ren and am L 2017, c 102, §4; am L 2022, c 160, §3]
Haw. Rev. Stat. § 356D-98 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-98
Rules.
Status: in_force

The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this part.
Haw. Rev. Stat. § 353C-7 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-7
§ §353C-7, 353C-8, 353C-8.
Status: repealed

§ §353C-7, 353C-8, 353C-8.5 REPEALED. L 2022, c 278, §§31 to 33.
Haw. Rev. Stat. § 346-53.63 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.63
Federally qualified health center or rural health clinic; adjustment for changes to scope of services.
Status: in_force

(a) Prospective payment system rates may be adjusted for any increases or decreases in the scope of services furnished by a participating federally qualified health center or rural health clinic, provided that:

(1) The federally qualified health center or rural health clinic notifies the department in writing of any changes to the scope of services and the reasons for those changes within sixty days of the effective date of the changes;

(2) The federally qualified health center or rural health clinic submits data, documentation, and schedules that substantiate any changes in services and the related adjustment of reasonable costs following medicare principles of reimbursement; and

(3) The federally qualified health center or rural health clinic proposes a projected adjusted rate within one hundred fifty days of the changes to the scope of services.

(b) This proposed projected adjusted rate is subject to departmental approval. The proposed projected adjusted rate shall be calculated based on a consolidated basis where the federally qualified health center or rural health clinic takes all costs for the center that would include both the costs included in the base rate, as well as the additional costs, provided that the federally qualified health center or rural health clinic calculated the baseline prospective payment system rate based on total consolidated costs. A net change in the federally qualified health center's or rural health clinic's rate shall be calculated by subtracting the federally qualified health center's or rural health clinic's previously assigned prospective payment system rate from its projected adjusted rate.

(c) Within one hundred twenty days of its receipt of the projected adjusted rate and all additional documentation requested by the department, the department shall notify the federally qualified health center or rural health clinic of its acceptance or rejection of the projected adjusted rate. Upon approval by the department, the federally qualified health center or rural health clinic shall be paid the projected rate, which shall be effective from the date of the change in scope of services through the date that a rate is calculated based upon the first full fiscal year that includes the change in scope of services.

(d) The department shall review the calculated rate of the first full fiscal year cost report if the change of scope of service is reflected in more than six months of the report. For those federally qualified health centers or rural health clinics in which the change of scope of services is in effect for six months or less of the cost report fiscal year, review of the next full fiscal year cost report also is required. The department shall review the calculated inflated weighted average rate of these two cost reports. The total costs of the first year report shall be adjusted to the Medical Economic Index of the second year report. Each report shall be weighted based upon number of patient encounters.

(e) Upon receipt of the cost reports, the prospective payment system rate shall be adjusted following a review by the fiscal agent of the cost reports and documentation. Adjustments shall be made for payments for the period from the effective date of the change in scope of services through the date of the final adjustment of the prospective payment system rate.

(f) For the purposes of prospective payment system rate adjustment, a change in scope of services provided by a federally qualified health center or rural health clinic means the following:

(1) The addition of a new service, such as adding dental services or any other medicaid covered service, that is not incorporated in the baseline prospective payment system rate or a deletion of a service that is incorporated in the baseline prospective payment system rate;

(2) A change in service resulting from amended regulatory requirements or rules;

(3) A change in service resulting from relocation;

(4) A change in type, intensity, duration, or amount of service resulting from a change in applicable technology and medical practice used;

(5) An increase in service intensity, duration, or amount of service resulting from changes in the types of patients served, including but not limited to populations with human immunodeficiency virus, acquired immunodeficiency syndrome, or other chronic diseases, or homeless, elderly, migrant, or other special populations;

(6) A change in service resulting from a change in the provider mix of a federally qualified health center or a rural health clinic or one of its sites;

(7) Any changes in the scope of a project approved by the federal Health Resources and Services Administration where the change affects a covered service; or

(8) Changes in operating costs due to capital expenditures associated with a modification of the scope of any of the services, including new or expanded service facilities, regulatory compliance, or changes in technology or medical practices at the federally qualified health center or rural health clinic.

(g) No change in costs, in and of itself, shall be considered a scope of service change unless the cost is allowable under medicaid principles of reimbursement and the net change in the federally qualified health center's or rural health clinic's per visit rate equals or exceeds three per cent for the affected federally qualified health center or rural health clinic site. For federally qualified health centers or rural health clinics that filed consolidated cost reports for multiple sites to establish their baseline prospective payment system rates, the net change of three per cent shall be applied to the average per visit rate of all the sites of the federally qualified health center or rural health clinic for purposes of calculating the costs associated with a scope of service change. For the purposes of this section, "net change" means the per visit change attributable to the cumulative effect of all increases or decreases for a particular fiscal year.

(h) All references in this section to "fiscal year" shall be construed to be references to the fiscal year of the individual federally qualified health center or rural health clinic, as the case may be. [L Sp 2008, c 8, pt of §2]
Haw. Rev. Stat. § 368-14 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-14
Commission hearings.
Status: in_force

(a) If, fifteen days after service of the final conciliation demand, the commission finds that conciliation will not resolve the complaint, the commission shall appoint a hearings examiner and schedule a contested case hearing that shall be held in accordance with chapter 91. The case in support of the complaint shall be presented at the hearing by counsel provided by the commission. Following the completion of the contested case hearing, the hearings examiner shall issue a proposed decision containing a statement of reasons including a determination of each issue of fact or law necessary to the proposed decision which shall be served upon the parties. Any party adversely affected by the proposed decision may file exceptions and present argument to the commission which shall consider the whole record or such portions thereof as may be cited by the parties. If the commission finds that unlawful discrimination has occurred, the commission shall issue a decision and order in accordance with chapter 91 requiring the respondent to cease the unlawful practice and to take appropriate remedial action. If there is no finding of discrimination, the commission shall issue an order dismissing the case.

(b) At any time after a complaint is filed, the commission may file a petition in the circuit court in the circuit in which the subject of the complaint occurred, or in the circuit in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court may grant the temporary relief or restraining order as it deems just and proper, but no relief or order extending beyond five days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice.

If a complaint is dismissed by final order of the commission or a court after a court has granted temporary relief or a restraining order under this subsection, the respondent is entitled to recover from the State damages and costs, not to exceed a total of $500, sustained by reason of the temporary relief or restraining order in an action in the court that granted the temporary relief or restraining order. [L 1989, c 386, pt of §1; am L 1991, c 252, §5]
Haw. Rev. Stat. § 356D-62 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-62
Termination and evictions.
Status: in_force

(a) Except as otherwise provided by law, 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 state low-income 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 provision of a lease, rental agreement, permit, or license;

(3) Violation of any rule 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 paragraph (2) or (3), or this paragraph by a person who is not a tenant, a guest who is visiting a tenant, or any member of the tenant's household shall be deemed a violation by the tenant; or

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

(b) When any lease, rental agreement, permit, or license is subject to termination pursuant to subsection (a), the authority, either directly or through its managing agent, shall provide the tenant with a written notice that shall inform the tenant of any violation, failure, or circumstances giving rise to an immediate right to possession by the authority and, if the tenant has been delinquent in payment of rent, the amount of that delinquency. [L 2018, c 204, pt of §1]
Haw. Rev. Stat. § 356D-32 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-32
Delinquent accounts.
Status: in_force

(a) Notwithstanding section 40‑82, the authority, with the approval of the attorney general, may delete from its accounts receivable records delinquent accounts for vacated units within federal low-income public housing projects that have been delinquent for at least ninety days.

(b) The delinquent accounts may be assigned to a collection agency.

(c) When the authority seeks eviction of a tenant due to delinquency in payment of rent, the authority shall comply with the procedures set forth in section 356D-92(b) before proceeding with the eviction hearing. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-53.1 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.1
Summer electronic benefits transfer for children program.
Status: in_force

(a) Subject to the availability of funds, the department may implement the federal summer electronic benefits transfer for children program. To implement the program, the department shall work with the department of education to maximize participation in the federal summer electronic benefits transfer for children program established pursuant to the federal Consolidated Appropriations Act, 2023, P.L. 117-328.

(b) To the extent that appropriations or private funds are made available, the department may contract with one or more providers to administer the summer electronic benefits transfer for children program.

(c) The department may accept grants, donations, and contributions from private or public sources for the purposes of this section, which may be expended consistent with the grantors' or donors' wishes. [L 2024, c 155, §2]
Haw. Rev. Stat. § 367D-1 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-1
Female prisoners; parity programs.
Status: in_force

Adult women convicted of crimes and juvenile females adjudicated for offenses that would be crimes if committed by an adult or who are adjudicated delinquents shall be provided a range and quality of programming substantially equivalent to the range and quality of programming offered to male persons who are similarly situated. Programs for female offenders shall be based upon the psychosocial developmental needs of female offenders.
Haw. Rev. Stat. § 353-5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-5
Offender release recommendations to the court.
Status: in_force

The intake service center shall notify the prosecutor's office of the appropriate county whenever it is recommending to the court that a person who is accused of murder or attempted murder in any degree or a class A felony involving force or violence against another person be conditionally released or that bail for such person be lowered. Such notice shall be made upon the completion of the intake service center's investigation on the offender's case so as to allow the prosecutor's office of the appropriate county to be present when the court considers the recommendation.
Haw. Rev. Stat. § 346-37.1 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-37.1
Payment of public assistance for child requires payment of child support to department by natural or adoptive parents.
Status: in_force

(a) Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due and owing to the department by the natural or adoptive parent or parents who are responsible for support of such children except that debts under this section shall not be incurred by a parent or other person who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status, and, provided that where there has been a family court order, the debt shall be limited to the amount provided for by the order.

(b) If there is no existing court order, the debt for a period during which public assistance was provided to the child or children may be established by agreement of the parties or application of the child support guidelines established pursuant to section 576D-7. [L 1975, c 137, pt of §1; am L 1983, c 41, §1; ree L 1986, c 332, §7; am L 1998, c 83, §2; am L 2002, c 72, §1]
Haw. Rev. Stat. § 352-10 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-10
Circuit court disposition of offenders under eighteen years.
Status: in_force

The circuit court shall commit all offenders under eighteen years of age, duly convicted before the court, to the Hawaii youth correctional facilities in all cases where the court deems the sentence to be more suitable than the punishment otherwise authorized by law. In such a case, when the term of confinement ordered by the court extends beyond the offender's eighteenth birthday, the offender shall, upon reaching the age of eighteen, be committed to the custody of the department of corrections and rehabilitation for completion of the sentence. Persons committed to the Hawaii youth correctional facilities under this section may be furloughed or paroled by the director, unless the commitment order issued by the court requires prior approval by the court or unless the offender is subject to a mandatory term of imprisonment which term has not yet expired.
Haw. Rev. Stat. § 356D-153 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-153
Qualified tenant defined; preference.
Status: in_force

(a) As used in this part, "qualified tenant" means any single person or family, pursuant to criteria and procedures established by the authority, who has been determined to have an income not exceeding the income limit as determined by the authority pursuant to rules adopted by the authority; provided that the income limit shall not exceed ninety‑five per cent of the annual median income as determined by the United States Department of Housing and Urban Development; provided further that the qualified tenant's primary place of residence shall be in the State or the qualified tenant intends to make the State the qualified tenant's primary place of residence. The terms "qualified tenant" and "tenant" shall include a person or family who satisfies the foregoing requirements and is a member of a cooperative who, upon resale of the member's membership to the cooperative, will not be reimbursed for more than fifty per cent of any equity increment accumulated through payments under this part.

With respect to members of a cooperative, as used in this part, the terms "rental" and "rental charges" mean the charges under the occupancy agreements between the members and the cooperative.

(b) The authority shall give preference to qualified tenants with incomes at or below eighty per cent of the annual median income as determined by the United States Department of Housing and Urban Development. [L 2006, c 180, pt of §2; am L 2007, c 223, §2]
Haw. Rev. Stat. § 346-222 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-222
Definitions.
Status: in_force

For the purposes of this part:

"Abuse" means any of the following, separately or in combination:

(1) Physical abuse;

(2) Psychological abuse;

(3) Sexual abuse;

(4) Financial exploitation;

(5) Caregiver neglect; or

(6) Self-neglect;

each as further defined in this chapter. Abuse does not include, and a determination of abuse shall not be based solely on, physical, psychological, or financial conditions that result when a vulnerable adult seeks, or when a caregiver provides or permits to be provided, treatment with the express consent of the vulnerable adult or in accordance with the vulnerable adult's religious or spiritual practices.

"Capacity" means the ability to understand and appreciate the nature and consequences of making decisions concerning one's person or to communicate these decisions.

"Caregiver" means any person who has knowingly and willingly assumed, on a part-time or full-time basis, the care, supervision, or physical control of, or who has a legal or contractual duty to care for the health, safety, and welfare of a vulnerable adult.

"Caregiver neglect" means the failure of a caregiver to exercise that degree of care for a vulnerable adult that a reasonable person with the responsibility of a caregiver would exercise within the scope of the caregiver's assumed, legal or contractual duties, including but not limited to the failure to:

(1) Assist with personal hygiene;

(2) Protect the vulnerable adult from abandonment;

(3) Provide, in a timely manner, necessary food, shelter, or clothing;

(4) Provide, in a timely manner, necessary health care, access to health care, prescribed medication, psychological care, physical care, or supervision;

(5) Protect the vulnerable adult from dangerous, harmful, or detrimental drugs, as defined in section 712-1240; provided that this paragraph shall not apply to drugs that are provided to the vulnerable adult pursuant to the direction or prescription of a practitioner, as defined in section 712-1240;

(6) Protect the vulnerable adult from health and safety hazards; or

(7) Protect the vulnerable adult from abuse by third parties.

"Court" means the family court.

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

"Director" means the director of human services.

"Emergency medical treatment" means any service necessary to maintain a person's physical health and without which there is a reasonable belief that the person will suffer irreparable harm or death.

"Financial exploitation" means the wrongful taking, withholding, appropriation, or use of a vulnerable adult's money, real property, or personal property, including but not limited to:

(1) The breach of a fiduciary duty, such as the misuse of a power of attorney or the misuse of guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property;

(2) The unauthorized taking of personal assets;

(3) The misappropriation or misuse of moneys belonging to the vulnerable adult from a personal or joint account; or

(4) The failure to effectively use a vulnerable adult's income and assets for the necessities required for the vulnerable adult's support and maintenance, by a person with a duty to expend income and assets on behalf of the vulnerable adult for such purposes.

Financial exploitation may be accomplished through coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence.

"Party" means those persons, care organizations, or care facilities entitled to notice of proceedings under sections 346-237 and 346-238, including any state department or agency that is providing services and treatment to a vulnerable adult in accordance with a protective services plan.

"Physical abuse" means:

(1) The nonaccidental infliction of physical or bodily injury, pain, or impairment, including but not limited to hitting, slapping, causing burns or bruises, poisoning, or improper physical restraint; or

(2) Causing physical injuries that are not justifiably explained or where the history given for an injury is at variance with the degree or type of injury.

"Protective services plan" means a specific written plan, prepared by the department, that sets forth the specific services and treatment to be provided to a vulnerable adult.

"Psychological abuse" means the infliction of mental or emotional distress by use of threats, insults, harassment, humiliation, provocation, intimidation, or other means that profoundly confuse or frighten a vulnerable adult.

"Self-neglect" means:

(1) A vulnerable adult's inability or failure, due to physical or mental impairment, or both, to perform tasks essential to caring for oneself, including but not limited to:

(A) Obtaining essential food, clothing, shelter, and medical care;

(B) Obtaining goods and services reasonably necessary to maintain minimum standards of physical health, mental health, emotional well-being, and general safety; or

(C) Management of one's financial assets and obligations to accomplish the activities in subparagraphs (A) and (B); and

(2) The vulnerable adult appears to lack sufficient understanding or capacity to make or communicate responsible decisions and appears to be exposed to a situation or condition that poses an immediate risk of death or serious physical harm.

"Sexual abuse" means nonconsensual sexual contact or conduct caused by another person, including but not limited to:

(1) Sexual assault, molestation, sexual fondling, incest, or prostitution; or

(2) Pornographic photographing, filming, or depiction.

"Vulnerable adult" means a person eighteen years of age or older who, because of mental, developmental, or physical impairment, is unable to:

(1) Communicate or make responsible decisions to manage the person's own care or resources;

(2) Carry out or arrange for essential activities of daily living; or

(3) Protect oneself from abuse, as defined in this part. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §1; am L 2008, c 154, §4]
Haw. Rev. Stat. § 346-63 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-63
Social services.
Status: in_force

(a) The department shall adopt rules to provide social services pursuant to the Social Security Act, as amended, to eligible persons who are residents of the State. Such rules shall include provisions to permit payment for social services received by recipients from individuals, organizations, or other public or private agencies, and to enable the recipients to satisfy statutory requirements of state and federal tax and employment insurance programs.

(b) The department may contract for the purchase of social services to be performed for the benefit of eligible recipients from individuals, organizations, and private or public agencies, or to reimburse an eligible recipient for department authorized social services obtained directly from individuals. Persons performing authorized social services obtained directly by the recipient shall not be considered employees of the State. The rate of payment for social services obtained directly by the recipient from an individual who is not self-employed shall reflect the recipient's obligation under state and federal tax and employment insurance laws. [L 1978, c 110, §3]
Haw. Rev. Stat. § 353B-2 — HI Code / Division 1 / Title 20 / Chapter 353B / Section 353B-2
State compact administrator.
Status: in_force

The State's commissioner on the interstate commission for adult offender supervision shall be the compact administrator of the state council for interstate adult offender supervision established under section 353B-3. The compact administrator shall be responsible for, among other things:

(1) Making final decisions relating to accepting or denying movement and related actions of offenders requesting transfer between states;

(2) Investigating and taking action regarding matters of interstate movement of offenders within the State;

(3) Keeping statistics and information on interstate compact movement of offenders;

(4) Representing the State on matters relating to the authorized movement of offenders between states, and defending the State against disputed or challenged matters;

(5) Facilitating policies and procedures governing the interstate movement of offenders through the state council;

(6) Drafting legislation as requested by the state council or as required for proper interstate processing of offenders;

(7) Budgeting and managing funds earmarked in the judiciary budget, to support compact activities; and

(8) Establishing interstate service standards consistent with judiciary service standards for probationers and Hawaii paroling authority standards for parolees. [L 2000, c 185, pt of §1; am L 2005, c 111, §1]
Haw. Rev. Stat. § 346-41.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-41.5
Hawaii qualified health centers.
Status: in_force

If the medicaid managed care program is implemented, the department shall provide a supplemental capitation program for the uninsured with enabling services based on an annual cost-based determination to all Hawaii qualified health centers and to any nonprofit entity having a majority of Hawaii qualified health centers as board members.

For the purposes of this section, "enabling services" includes enabling services as defined by federally qualified health center standards. The department shall have the administrative flexibility to expend funds through medicaid managed care contracts, through a modified voucher system, or through chapter 42F. Hawaii qualified health centers receiving these supplemental payments shall reconcile their costs on an annual basis. [L 1994, c 238, §3; am L 2015, c 20, §3]
Haw. Rev. Stat. § 346-59.2 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.2
Comprehensive breast and cervical cancer control program.
Status: in_force

(a) There is established the comprehensive breast and cervical cancer control program, to be administered by the department of human services in collaboration with the department of health, to assist women who have been diagnosed with breast or cervical cancer by the Hawaii comprehensive breast and cervical cancer control program, but who are not eligible for federally-funded medicaid coverage as provided by the Breast and Cervical Cancer Prevention and Treatment Act of 2000.

(b) Under the comprehensive breast and cervical cancer control program, the department of human services shall provide state-funded medical assistance, as appropriated by the legislature, to women who are diagnosed with breast or cervical cancer through the Hawaii comprehensive breast and cervical cancer control program, but who are not eligible for federal medicaid coverage; provided that the person either:

(1) Is a resident alien of Hawaii who is not eligible for medicaid; or

(2) Would be eligible under medicaid except that the person has health care coverage that specifically does not provide coverage for cancer treatment.

(c) The department of health shall work collaboratively with the department of human services to assist in and support the screening, education, and outreach process regardless of a woman's eligibility for medicaid coverage.

(d) Under the comprehensive breast and cervical cancer control program, the department of health shall provide state-funded medical assistance, as funded by the legislature, to:

(1) Screen women for breast and cervical cancer;

(2) Educate women regarding the risks associated with breast and cervical cancer; and

(3) Provide outreach to women who are at risk for breast and cervical cancer.

[(e)] The department of health and the department of human services shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on the expenditure of all funds for the comprehensive breast and cervical cancer control program. [L 2001, c 278, §2; am L 2008, c 52, §§2, 4]

Revision Note

Subsection (e) was codified to this section pursuant to §23G-15.
Haw. Rev. Stat. § 346-389 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-389
[ §346-389] Annual report.
Status: in_force

[ §346-389] Annual report. The coordinator shall submit an annual progress report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include:

(1) Performance metrics relating to reducing the number of persons experiencing homelessness in the State;

(2) Performance metrics relating to housing and services inventory gaps, including but not limited to the number of persons experiencing homelessness served and placed into permanent housing and the cost per person served; and

(3) Performance metrics to evaluate the State's performance on homeless services, housing, care coordination, and other needed services to end homelessness in the State. [L 2022, c 252, pt of §2]
Haw. Rev. Stat. § 353C-11 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-11
Service of process; list.
Status: in_force

(a) For service of process, the director shall maintain a list of independent civil process servers to process:

(1) Orders to show cause pursuant to chapters 603, 604, and 633;

(2) Garnishment pursuant to chapter 652;

(3) Writs of replevin and attachment pursuant to chapter 634;

(4) Writs of possession pursuant to chapters 501 and 666;

(5) Orders for examination pursuant to chapter 636; and

(6) Writs of attachment or execution pursuant to chapter 651.

(b) Any independent civil process server may submit the server's name to the director to be placed on the list; provided that a person shall not be placed on the list if the person:

(1) Is serving a criminal sentence;

(2) Has been convicted of a crime within the previous ten years;

(3) Is required to register as a sex offender;

(4) Is subject to any other legal restriction, including a temporary restraining order, that prevents the person from serving process; or

(5) Cannot provide a copy of a current State of Hawaii general excise tax license.

(c) The department, the State, and the agencies, officers, and employees of the department or the State shall not be responsible or liable for the actions of any independent civil process servers on the list. The maintenance of the list shall not create a private cause of action against the department, the State, or the agencies, officers, and employees of the department or the State.

(d) Placement of a person's name on the list shall not make the person a law enforcement officer, sheriff or deputy sheriff, or an employee or agent of the State. [L 2021, c 41, §1]
Haw. Rev. Stat. § 353-6.2 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-6.2
[ §353-6.
Status: in_force

[ §353-6.2] Community correctional centers; periodic reviews of pretrial detainees. (a) The relevant community correctional centers, on a periodic basis but no less frequently than every three months, shall conduct reviews of pretrial detainees to reassess whether a detainee should remain in custody or whether new information or a change in circumstances warrants reconsideration of a detainee's pretrial release or supervision.

(b) For each review conducted pursuant to subsection (a), the relevant community correctional center shall transmit its findings and recommendations by correspondence or electronically to the appropriate court, prosecuting attorney, and defense counsel.

(c) If a motion to modify bail is filed pursuant to a recommendation made pursuant to subsection (b), a hearing shall be scheduled at which the court shall consider the motion. [L 2019, c 179, §22]
Haw. Rev. Stat. § 351-65 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-65
Legal adviser.
Status: in_force

The attorney general shall serve as legal adviser to the commission.
Haw. Rev. Stat. § 353G-5 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-5
Drug test results or assessment; confidentiality of.
Status: in_force

(a) Unless otherwise ordered by a court, the drug test results and assessment results of an inmate, parolee, or other person released from a correctional center or facility shall be provided as soon as practicable to the inmate, parolee, or other person who submitted to the test or assessment, the department of corrections and rehabilitation or the agency responsible for monitoring the parolee's or other person's compliance with the terms and conditions of parole or other release from a correctional center or facility, as applicable, and the assessment program or treatment program, as applicable.

(b) The assessment shall include:

(1) A clinical summary based on information gained through the assessment;

(2) A diagnosis supported by the clinical summary; and

(3) A recommendation for level of substance abuse treatment, supported by the clinical summary.

(c) Anyone receiving drug test results or assessment results under subsection (a) shall keep that information confidential in accordance with the requirements of title 42 United States Code section 290dd-2. [L 1998, c 152, pt of §2; am L 2011, c 43, §20 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353-68 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-68
Parole, how initiated and granted.
Status: in_force

(a) Paroles may be granted by the Hawaii paroling authority at any time after the prisoner has served the minimum term of imprisonment fixed according to law; provided that where a fine has also been imposed, which has not been paid, and if the prisoner has been imprisoned for at least thirty days, the paroling authority upon being satisfied that the prisoner has petitioned the court for revocation of all or part of such fine pursuant to section 706-645, may nevertheless parole the prisoner without payment of the fine, either with or without the condition, subject to determination by the court under section 706-645, that while on such parole the prisoner make payment of the fine as the paroling authority deems proper under the circumstances. The proceedings to obtain parole may be initiated by the written recommendation of the superintendent to the paroling authority or may be initiated by the paroling authority without any such recommendation.

(b) The governor shall have like power to revoke the parole of any prisoner. The written authority of the governor shall likewise be sufficient to authorize any police officer to retake and return the prisoner to prison. The governor's written order revoking the parole shall have the same force and effect and be executed in like manner as the order of the chairperson of the paroling authority.

(c) The paroling authority shall act by majority of all its members in respect of all proceedings touching the parole of prisoners. [L 1931, c 126, §4; RL 1935, §6456; am L 1939, c 203, pt of §6; am L 1943, c 207, §2; RL 1945, §3961; RL 1955, §83-66; am L 1957, c 308, §3; am L 1963, c 34, §1; HRS §353-68; am L 1976, c 92, pt of §8; am L 1981, c 163, §1; gen ch 1985, 1993]
Haw. Rev. Stat. § 356D-93 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-93
Hearings.
Status: in_force

(a) Where the authority proposes to terminate a lease or rental agreement and evict a tenant under section 356D-92, a hearing shall be held to determine whether cause exists for the action. The authority shall give written notice to the person concerned specifying the reason for which the eviction is proposed and fixing the date and place of hearing. The written notice shall further inform the tenant of the right to inspect and copy the tenant file at the tenant's expense before the hearing is held. The notice shall be given at least five days before the date set for the hearing. At the hearing, before final action is taken, the person concerned shall be entitled to be heard in person or through counsel, and shall be accorded a full and fair hearing in accordance with the requirements of a contested case hearing provided for under sections 91-9 and 91-10 to 91-13. This full and fair hearing shall be deemed to be a contested case hearing before the authority that is required pursuant to chapter 91.

(b) Hearings shall be conducted by an eviction board appointed by the authority. The eviction board shall consist of not fewer than one person, and no more than three persons, of which one member shall be a tenant. If feasible, the eviction board may conduct hearings using video conferencing technology; provided that these hearings shall be conducted pursuant to chapter 91. The findings, conclusions, decision, and order of the eviction board shall be final unless an appeal is taken as hereinafter provided.

(c) The eviction board shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the eviction board, or of any subpoena issued by the eviction board, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, any circuit judge, on application by the eviction board, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein. [L 2006, c 180, pt of §2; am L 2012, c 160, §2]
Haw. Rev. Stat. § 356D-80 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-80
Additional powers.
Status: in_force

The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so conferred.
Haw. Rev. Stat. § 346-40 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-40
Maintenance and availability of records; penalty.
Status: in_force

(a) To enable another provider to determine the proper course of treatment in emergencies and in order to determine whether a provider is genuinely entitled to reimbursement and to protect the medicaid program against fraud and abuse, each provider of health care, service or supplies under the state medicaid program shall maintain, and keep for a period of three years, such records as are necessary to disclose fully the type and extent of health care, service or supplies provided to medicaid recipients. The department may identify the types of records necessary to be kept by promulgation of appropriate rules.

(b) No provider shall refuse or fail to make available at the provider's place of business or appropriate location, during normal business hours, or, if the appropriate representative agrees, at the mutual convenience of the parties, immediate access to all records required to be maintained under this section or rules promulgated hereunder and all diagnostic devices concerning or used for the provision of health care, service or supplies to a medicaid recipient to any duly authorized representative of the attorney general's office or the department of human services acting in the course and scope of the duly authorized representative's employment; such diagnostic devices may be examined and tested and such records may be retained by said duly authorized representative for a reasonable period of time for the purpose of examination, audit, copying, testing or photographing. This subsection shall supersede any other provision of the Hawaii Revised Statutes to the contrary notwithstanding.

(c) Whenever a provider without reasonable justification fails to keep adequate supporting records as required by this section or rules promulgated hereunder or fails to make them available as required by this section, the director of human services shall suspend the provider during the period of noncompliance with this section, and no payment may be made to such provider with respect to any item or service furnished by such provider during the period of suspension. A provider shall receive notice and be provided an opportunity for a hearing in compliance with regulations of the department of human services for such suspension.

(d) Wilful refusal or failure to make records available as provided in subsection (b) of this section is a misdemeanor. [L 1978, c 105, §6; gen ch 1985; am L 1987, c 339, §4]

Revision Note

Subsection designations "b", "c", and "d" substituted for "c", "d", and "e" pursuant to §23G-15.
Haw. Rev. Stat. § 353H-4 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-4
Model programs; department of corrections and rehabilitation.
Status: in_force

Subject to funding by the legislature, the department of corrections and rehabilitation shall enhance the State's comprehensive offender reentry system by developing model programs designed to reduce recidivism and promote successful reentry into the community. Components of the model programs shall include but are not limited to:

(1) Highly skilled staff who are experienced in working with offender reentry programs;

(2) Individualized case management and a full continuum of care to ensure successful reentry;

(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise; development of self-determination through education; employment training; special education for the learning disabled; social, cognitive, communication, and life skills training; and appropriate treatment programs, including substance abuse and mental health treatment;

(4) Parenting and relationship building classes. The department shall institute policies that support family cohesion and family participation in offenders' transition to the community, and, where possible, provide geographical proximity of offenders to their children and families; and

(5) Ongoing attention to building support for offenders from communities, community agencies, and organizations. [L Sp 2007, c 8, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 354D-1 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-1
Finding and purpose.
Status: in_force

The legislature finds that the number and types of programs operated by the department of corrections and rehabilitation shall be expanded to provide a comprehensive work program for inmates. The full development of inmate employment opportunities shall be expanded to enable correctional industries programs to operate in a cost-effective manner.

The purpose of this chapter is to:

(1) Establish the correctional industries program to allow expanded industries programs to generate revenue to sustain its operation and allow for capital investment. The program should be structured to allow for the increased involvement of correctional industries in providing specific training skills for offenders that increase their employment prospects after release;

(2) Develop industries that provide a maximum level of work for all qualified, able-bodied inmates;

(3) Provide an environment for the operation of correctional industries similar to that of a private business operation;

(4) Encourage cooperative training ventures between the correctional industries program and the private sector; and

(5) Provide for low-cost construction, renovation, and repairs of facilities, grounds, furniture, vehicles, and equipment for private nonprofit social service, education, and health agencies and programs. [L 1990, c 341, pt of §1; am L 1991, c 256, §1 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353G-8 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-8
Report on progress in treatment programs and compliance with conditions.
Status: in_force

(a) If a person has been ordered to participate in a treatment program, the designated treatment program shall report periodically on the person's progress in the treatment program to the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility.

(b) A designated treatment program shall promptly notify the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility if the person:

(1) Fails to comply with program rules and treatment expectations;

(2) Refuses to engage constructively in the treatment process; or

(3) Terminates participation in the treatment program.

Upon this notification, the agency responsible for monitoring the person's compliance shall promptly report the person's actions to the appropriate authority. [L 1998, c 152, pt of §2]

Revision Note

In subsection (b)(1), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 346-91 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-91
§§346-91 to 346-96 REPEALED.
Status: repealed

§§346-91 to 346-96 REPEALED. L 1985, c 272, §11.
Haw. Rev. Stat. § 346-35 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-35
Cancellation or revision.
Status: in_force

If, at any time during the currency or continuance of public assistance, the recipient, or any person legally liable for the support of the recipient becomes possessed of any property or income in addition to that available at the time the grant was made, the department of human services may, for such cause or for any other like cause, either cancel the assistance or change the amount thereof.
Haw. Rev. Stat. § 346-223 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-223
Jurisdiction; venue.
Status: in_force

The family court shall have jurisdiction over protective proceedings under this part that concern a vulnerable adult who was or is found within the judicial circuit at the time the facts and circumstances occurred, were discovered, or were reported to the department, which constitute the basis for a finding that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken; provided that the protective proceedings under this part shall not be considered exclusive and shall not preclude any other criminal, civil, or administrative remedy. The protective proceedings under this part shall be held in the judicial circuit in which the vulnerable adult resides at the time of the filing of the petition or in which the vulnerable adult has assets.
Haw. Rev. Stat. § 352-1 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-1
Definitions.
Status: in_force

In this chapter, unless the context clearly indicates otherwise:

"Department" means the department of human services; provided that the powers, duties, and functions relating to the Hawaii youth correctional facilities shall be administered by the office of youth services.

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

"Discharge" means the ending of the executive director of the office of youth services' supervision of a person when the term of the person's commitment has ended or when the director believes the purpose of the term of commitment has been achieved.

"Furlough" means an authorized absence of short duration from a youth correctional facility.

"Parole" means the conditional release of a person committed to a youth correctional facility whereby the person remains in the custody of the director and under the supervision of the juvenile parole office.

"Term of commitment" means the time period during which family court retains jurisdiction over a person after adjudication. During the term of commitment, the family court may vest custody of the person in another person, organization, agency, facility, or other suitable entity. [L 1980, c 303, pt of §8(1); am L 1985, c 209, §4; am L 1986, c 297, §4; am L 1987, c 338, §§2, 10; am L 1989, c 211, §8; am L 1991, c 114, §2; am L 2003, c 95, §10(1)]