Haw. Rev. Stat. § 352D-1 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-1
Finding and purpose.
Status: in_force

The legislature finds that:

(1) The State of Hawaii has the responsibility to provide its youth a fair and full opportunity to reach their full potential and become law-abiding citizens of our community by providing and encouraging services, which will strengthen their physical, emotional, social, educational, and moral development;

(2) There is a need for a strong state commitment to the needs of youth and families. Of particular concern are those youth who come into conflict with the laws of our community. To achieve this commitment, there is need for statewide planning and system coordination; oversight of activities and services; and evaluation and monitoring of the effectiveness of these services. In addition, a single entity is needed to serve as a central intake agency, and to coordinate the delivery of services, and provide a continuum of programs to eliminate gaps and provide a clear sense of responsibility and accountability for youth services. This agency must have sufficient statutory authority to ensure that its directives and mandates are complied with by the various affected agencies.

The purpose of this chapter is to establish the office of youth services for the planning, case management, and delivery of services to youth at risk. [L 1989, c 375, pt of §1]
Haw. Rev. Stat. § 353G-10 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-10
Drug testing or assessment fees.
Status: in_force

(a) Except as provided in subsection (b), the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility shall impose upon the person reasonable fees to cover the cost of:

(1) Any drug test of the person required or ordered under this chapter; and

(2) Any assessment of the person required or ordered under this chapter.

The fees shall not be less than the actual and administrative costs of a drug test or assessment. The fees may be deducted from any income a person has received as a result of labor performed in a correctional center or facility or any type of work release program.

(b) Upon a finding of indigence, the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility shall require the person to pay as much of the fee as is consistent with the person's ability to pay.

(c) All fees collected pursuant to subsection (a)(1) shall be forwarded 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 for payment of costs associated with the agency's drug testing program.

(d) All fees collected pursuant to subsection (a)(2) shall be forwarded to the assessment program for payment of costs associated with the provision of assessments. [L 1998, c 152, pt of §2]
Haw. Rev. Stat. § 352D-11 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-11
Youth commission.
Status: in_force

(a) There is established within the office of youth services, for administrative purposes only, a youth commission to advise the governor and legislature on the effects of legislative policies, needs, assessments, priorities, programs, and budgets concerning the youth of the State.

(b) The commission shall:

(1) Respond to requests for comment and recommendation on matters referred to it by the governor or legislature;

(2) Conduct research and community outreach regarding the needs of the youth of Hawaii, including but not limited to increasing youth participation in government and public policy;

(3) Make recommendations addressing the concerns and needs of the youth of Hawaii; and

(4) Report to the governor and legislature the activities, goals, and accomplishments of the commission by July 1 of each calendar year beginning on July 1, 2019.

(c) The youth commission shall consist of fifteen members between the ages of fourteen and twenty-four and shall not be subject to section 26-34. Of the members:

(1) Five members shall be appointed by the governor; provided that the governor shall ensure that each county is represented by at least one appointee; provided further that the governor shall ensure that at least one member is a previous recipient of youth services;

(2) Five members shall be appointed by the president of the senate; and

(3) Five members shall be appointed by the speaker of the house of representatives;

provided that the president of the senate and the speaker of the house of representatives shall appoint members representing the diversity of the State.

(d) Each member shall be appointed for a term of two years; provided that the initial terms of the appointed members shall be staggered as follows:

(1) Six members, two each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve three-year terms;

(2) Six members, two each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve two-year terms; and

(3) Three members, one each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve one-year terms.

(e) The youth commission shall annually elect a chairperson.

(f) A majority of the members appointed to the youth commission shall constitute a quorum to do business. Any action taken by the commission shall be validated by a simple majority of the quorum.

(g) The youth commission members may invite other individuals to participate in commission activities as temporary, nonvoting members.

(h) If the governor, president of the senate, or speaker of the house of representatives fails to appoint a member to the youth commission for any reason within six months after a vacancy occurs, the commission by a majority vote may appoint a person who satisfies the requirements of this section to the commission to fill the vacancy. [L 2018, c 106, §2; am L 2023, c 135, §1]
Haw. Rev. Stat. § 363-8 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-8
§§363-8 to 363-10 REPEALED.
Status: repealed

§§363-8 to 363-10 REPEALED. L 1982, c 177, §§2 to 4.
Haw. Rev. Stat. § 346D-1.5 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-1.5
Medicaid reimbursement equity.
Status: in_force

Not later than July 1, 2008, there shall be no distinction between hospital-based and nonhospital-based reimbursement rates for institutionalized long-term care under medicaid. Reimbursement for institutionalized intermediate care facilities and institutionalized skilled nursing facilities shall be based solely on the level of care rather than the location. This section shall not apply to critical access hospitals. Reimbursement rates for facilities that convert from a critical access hospital to another facility type after April 1, 2025, may maintain a distinction after the facility's conversion.
Haw. Rev. Stat. § 350C-4 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-4
Contents of compacts.
Status: in_force

A compact entered into pursuant to the authority conferred by this chapter shall:

(1) Provide all states the option of joining;

(2) Permit the withdrawal from the compact upon one year written notice to all signatories;

(3) Provide that a state's withdrawal from the compact does not affect its responsibility to continue to provide assistance to those recipients who were receiving assistance pursuant to the compact prior to the effective date of the withdrawal; and

(4) Require that each case of adoption assistance under the compact be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance. [L 1986, c 110, pt of §1]
Haw. Rev. Stat. § 353-11 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-11
Access to correctional facilities and records; instituting of inquiries and securing information.
Status: in_force

(a) The Hawaii paroling authority and every member thereof and the director, at all times, shall have free access to all correctional facilities throughout the State, wherein persons convicted of crime are confined, and to all records and books kept in connection therewith, and may institute inquiries about any committed person whether confined or on parole.

All circuit judges, district judges, prosecuting attorneys, sheriffs, police officers, and other court and corrections officials and employees shall furnish, when called upon by the paroling authority or director, all information that may be possessed concerning any committed person.

(b) Upon the refusal of any person in charge of any such correctional facility to give free access thereto or to any records or books kept in connection therewith, or of any such officer, district judge, sheriff, official, or employee to furnish such information, the paroling authority or director may make informal application in writing to any circuit court, reciting the facts and requesting an order directing the person concerned to give such access, or furnish such information and the court, after such reasonable notice to the person as it shall direct, shall proceed to hear the application and shall make such order as may appear proper. In case of the refusal of a circuit judge to furnish information as is required by this section, the paroling authority or director may apply to the intermediate appellate court for relief in the same manner as in the case of an application to a circuit court provided in this section. The circuit courts and the intermediate appellate court, subject to chapter 602, shall have jurisdiction and all powers necessary for the purposes of this section.

(c) In all investigations made by the paroling authority or director and in all proceedings before it or the director, the paroling authority and each member thereof and the director 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 paroling authority or any member thereof or the director or of any subpoena issued by it or the director or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the paroling authority or a member thereof or the director, shall compel obedience as in case of disobedience of the requirements of a subpoena issued from a circuit court or a refusal to testify therein. The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the circuit court and shall be paid by the State on vouchers approved by the director out of any appropriation or funds available for the expenses of the department. [L 1987, c 338, pt of §3; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2006, c 91, §3]
Haw. Rev. Stat. § 368-5 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-5
Penalties.
Status: in_force

Whoever intentionally resists, prevents, impedes, or interferes with the commission or any of its authorized agents or representatives in the performance of duties pursuant to this chapter, or who in any manner intentionally violates an order of the commission, shall be fined not more than $500, or imprisoned for not more than ninety days, or both.
Haw. Rev. Stat. § 356D-13.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-13.5
[ §356D-13.
Status: in_force

[ §356D-13.5] Housing choice voucher program administration. Any housing choice voucher program voucher issued by the authority shall automatically be returned to the authority upon the death or removal from assistance of the last original household member; provided that, where the original head or co-head of the household is survived by a minor who was subsequently added to the household by birth, adoption, or court order and the family properly reported the birth, adoption, or court order to the authority, the household may retain the voucher until the youngest minor added to the household reaches the age of twenty-one, or reaches the age of twenty-three if the youngest minor is a full-time student at a business school, technical school, college, community college, or university. No legal guardian shall be added to the household to care for the minor or minors unless the legal guardian is also eligible for participation in the housing choice voucher program; provided further that any legal guardian added to the household shall not retain the voucher after the youngest minor has reached the age of twenty-one, or has reached the age of twenty-three if the youngest minor is a full-time student at a business school, technical school, college, community college, or university.
Haw. Rev. Stat. § 346-434 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-434
[ §346-434] Annual report.
Status: in_force

[ §346-434] Annual report. The office shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains a summary of its activities during the preceding year, including:

(1) Actions taken to address issues, unmet needs, and challenges relating to wellness and resilience;

(2) Funds received pursuant to the activities of the office from federal, state, private, and philanthropic sources;

(3) The office's engagement with community entities and other stakeholders; and

(4) Any other findings and recommendations, including any proposed legislation. [L 2023, c 87, pt of §2]
Haw. Rev. Stat. § 346C-1 — HI Code / Division 1 / Title 20 / Chapter 346C / Section 346C-1
Definitions.
Status: in_force

As used in this chapter:

"Activities of daily living" means at least bathing, continence, dressing, eating, toileting, and transferring.

"Board of trustees" means the board of trustees charged with the general administration of this program under section 346C-3.

"Long-term care services" means a broad range of supportive services needed by individuals with physical or mental impairments and have lost or never acquired the ability to function independently.

"Program" means the long-term care financing program set forth in this chapter. [L 2002, c 245, pt of §2]
Haw. Rev. Stat. § 353H-7 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-7
Return of out-of-state inmates.
Status: in_force

(a) The director of corrections and rehabilitation shall return Hawaii inmates held in out-of-state prisons at least one year prior to the inmate's parole or release date in order for these inmates to participate in programs preparing them for reentry on the island where they have the most support; provided that inmates participating in reentry programs at the mainland facility in which they are incarcerated consent to the return.

(b) The provisions of subsection (a) shall not prevent the return of other Hawaii inmates held in out-of-state prisons with less than one year left of their sentence from being returned in preparation for reentry to the island where they have the most support.

(c) The department of corrections and rehabilitation shall provide a report to the legislature at the end of each calendar year on any inmates not returned pursuant to this section with an explanation of the reasoning and circumstances for noncompliance. [L Sp 2007, c 8, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 367-1 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-1
Findings and purpose.
Status: in_force

The legislature finds that the work of the state commission on the status of women, established by the governor by executive order on May 15, 1964, demonstrates the need for a continuing body to aid in the implementation of its recommendations, to develop long-range goals, and to coordinate research planning, programming, and action on the opportunities, needs, problems, and contributions of women in Hawaii. It is the purpose of this chapter to provide for a statewide program, on a permanent and continuing basis, on the status of women in Hawaii.
Haw. Rev. Stat. § 353-6 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-6
Establishment of community correctional centers.
Status: in_force

(a) There shall be a community correctional center for each county under the direction and administration of the director. Any community correctional center may be integrated and operated concurrently with any other correctional facility or facilities. Each center shall:

(1) Provide residential detention for persons who have been arraigned or have made an initial appearance and who have not been admitted to bail, released to appear, or otherwise released;

(2) Provide residential custody and correctional care for committed misdemeanants and for felons committed to indeterminate sentences;

(3) Provide for committed persons, correctional services, including but not limited to, social and psychiatric-psychological evaluation, employment, counseling, social inventory, correctional programming, medical and dental services, and sex abuse education and treatment programs for persons convicted of sexual offenses or who are otherwise in need of these programs;

(4) Provide recreational, educational, and occupational training, and social adjustment programs for committed persons;

(5) Provide referrals to community educational, vocational training, employment, and work study programs; and aftercare, supervisory, and counseling services for persons released from centers.

(b) Each county shall provide residential detention for persons who are prearraignment detainees. [L 1987, c 338, pt of §3; am L 1989, c 350, §1; am L 1995, c 72, §1]
Haw. Rev. Stat. § 352-21 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-21
Youth correctional facilities' benefit fund; disposition of income.
Status: in_force

The director shall establish a youth correctional facilities' benefit fund for the purpose of the welfare and recreation of the persons committed. The director shall deposit all moneys arising from any program activities at the facilities, except those amounts credited to the committed persons' accounts pursuant to section 352-18, to the credit of the youth correctional facilities' benefit fund.
Haw. Rev. Stat. § 367-2 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-2
State commission on status of women: membership.
Status: in_force

(a) There is created a state commission on the status of women for a special purpose within the department of human services for administrative purposes.

(b) The commission shall consist of thirteen members, which shall include:

(1) Ex officio[,] nonvoting members the superintendent of education, the president of the University of Hawaii, the director of labor and industrial relations, the director of human resources development, the director of human services, and the director of health, or their respective designated representative; and

(2) The remaining seven members shall be appointed by the governor in accordance with section 26 - 34, and shall serve as voting members.

(c) Of the appointed seven members there shall be one member from each of the counties of Hawaii, Maui, and Kauai, and four members from Oahu.

(d) The members shall be selected on the basis of their interests and knowledge in, and their ability to make contributions to, the solution of problems relating to the status of women. The chairperson shall be elected annually from the seven appointed members of the commission.

(e) A quorum to do business or to validate any act of the commission shall consist of a majority of the seven appointed members of the commission. [L 1970, c 190, pt of §1; am L 1972, c 162, §1; am L 1980, c 302, pt of §2; am L 1987, c 339, §4; am L 1991, c 46, §2; am L 1994, c 56, §21; am L 1995, c 151, §3; am L 1998, c 74, §1; am L 2005, c 147, §3]
Haw. Rev. Stat. § 353H-32 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-32
Offender reentry; identification documents.
Status: in_force

(a) The department, in collaboration with the department of transportation and the examiner of drivers of each county, shall inform inmates that departmental assistance is available to obtain civil identification cards, in accordance with part XVI of chapter 286, and upon request shall assist inmates in obtaining a civil identification card as soon as practicable but at least one year before the inmate's parole or release date; provided that the department shall assist inmates in obtaining a civil identification card even if the department fails to meet the deadline pursuant to this subsection.

(b) The department, in collaboration with appropriate federal, state, and county agencies, shall also inform inmates of the availability of departmental assistance to obtain the inmate's birth certificate, social security card, and any other relevant identification documents necessary for the inmate to transition into the workforce, access social services, secure or verify applicable medicaid eligibility, and secure housing, and upon request shall assist the inmates in obtaining the identification documents as soon as practicable but at least one year before the inmate's parole or release date; provided that the department shall assist inmates in obtaining the identification documents even if the department fails to meet the deadline pursuant to this subsection.

(c) For an inmate released to work furlough, extended furlough, or community placement programs, the department shall initiate the process of assisting the inmate pursuant to subsections (a) and (b) by providing the forms necessary for the inmate to obtain civil identification cards and other identification documents to the inmate as soon as practicable but at least ninety days before the inmate's release date; provided that the department shall provide the forms necessary for the inmate to obtain civil identification cards and other identification documents even if the department fails to meet the deadline pursuant to this subsection.

(d) Any form the department provides pursuant to this section shall be in the inmate's primary language. [L 2017, c 56, §1; am L 2018, c 78, §1 ; am L 2022, c 103, §1 and c 278, §29; am L 2025, c 263, §1]
Haw. Rev. Stat. § 353-133 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-133
[ §353-133] Satisfaction of victims' rights to notification.
Status: in_force

[ §353-133] Satisfaction of victims' rights to notification. Participation in the system and making offender data available on a timely basis to the system shall be deemed to satisfy the obligations of:

(1) The department to notify the victim of changes in the offender's custodial status pursuant to section 801D-4(a)(7); and

(2) The police and prosecuting attorney to notify the victim of the offender's release from custody pursuant to section 801D-4(a)(1). [L 2012, c 190, pt of §1]
Haw. Rev. Stat. § 354D-4 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-4
Powers and duties of the director.
Status: in_force

Under the supervision of the director or the director's designee, the administrator of the correctional industries program shall:

(1) Develop programs generating revenue that best sustains their operation and allows for capital investment, and reimburses the general fund, when possible, for the expense of correctional services;

(2) Develop programs providing the maximum level of work and training opportunities for qualified, able-bodied inmates;

(3) Develop programs assuming responsibility for training qualified, appropriately screened inmates in applicable work and specific training skills that increase their employment prospects after release;

(4) Develop programs in which inmates can learn skills used in the construction and other industries, while providing low-cost construction, renovation, and repairs of facilities, grounds, furniture, vehicles, and equipment for private, nonprofit social services, health, or education agencies and programs;

(5) Acquire or purchase equipment, materials, supplies, office space, insurance, and services necessary to establish and maintain programs pursuant to this chapter;

(6) Conduct industries or enterprises for the employment of qualified, able-bodied inmates in the manufacture or production of articles and products deemed appropriate for sale by the director and the provision of services for sale to the public or that may be needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by a state and its political subdivisions or the federal government;

(7) Sell uniforms and uniform accessories to state-employed adult corrections officers;

(8) Purchase, lease, trade, exchange, acquire, and maintain personal property; and

(9) Accept grants or loans from the State, the counties, or the federal government. [L 1990, c 341, pt of §1; am L 1991, c 256, §2; am L Sp 1993, c 8, §54; am L 2004, c 216, §39; am L 2007, c 19, §1; am L 2016, c 227, §1]
Haw. Rev. Stat. § 356D-72 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-72
Housing for elders revolving fund.
Status: in_force

There is created a housing for elders revolving fund to be administered by the authority. Notwithstanding any law to the contrary, moneys received or collected by the authority pursuant to this subpart shall be deposited into the revolving fund. Revenues from the fund may be used to pay the expenses of management, operation, and maintenance of housing projects for elders, including but not limited to the cost of insurance, a proportionate share of the administrative expenses of the authority, and the costs of repairs, equipment, and improvements.
Haw. Rev. Stat. § 356D-3 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-3
Board; establishment, functions, duties.
Status: in_force

(a) There is created a board of directors consisting of eleven members, of whom nine shall be public members appointed by the governor as provided in section 26-34. Public members shall be appointed from each of the counties of Honolulu, Hawaii, Maui, and Kauai. At least one public member shall be a person who is directly assisted by the authority under the federal low-rent public housing or federal section 8 tenant-based housing assistance payments program while serving on the board. One public member shall be an advocate for low-income or homeless persons. One public member shall be a person with a disability or an advocate for persons with disabilities. The public members of the board shall serve four-year staggered terms; provided that the initial appointments shall be as follows: four members shall be appointed for four years; three members shall be appointed for three years; and two members shall be appointed for two years. The director of human services, or a designated representative, and a representative of the governor's office, shall be ex officio[,] voting members. The authority shall be headed by the board.

(b) The board of directors shall select a chairperson and vice-chairperson from among its members. The director of human services and the governor's representative shall be ineligible to serve as chairperson of the board.

(c) Six members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the authority. The members shall receive no compensation for services, but shall be entitled to necessary expenses, including travel expenses, incurred in the performance of their duties. [L 2006, c 180, pt of §2; am L 2007, c 249, §34; am L 2010, c 48, §2]
Haw. Rev. Stat. § 346-252 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-252
Advanced age.
Status: in_force

An individual shall not be involuntarily subjected to the provisions of this part solely based on advanced age.
Haw. Rev. Stat. § 346-102 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-102
Public service employment; established.
Status: in_force

(a) The department of human services shall be responsible for providing employment on public works projects as defined in section 346-71, for persons:

(1) Receiving full or partial public assistance from the State;

(2) Receiving unemployment compensation benefits from the State whose benefits thereunder are within the last two weeks of eligibility and who upon termination of unemployment compensation benefits will be eligible for full or partial public assistance from the State; or

(3) Who reside on an island where the primary economic base providing employment for such persons is lost or is in danger of being lost.

Public assistance recipients participating in public service employment shall be considered to be employees of the department; provided however that except for coverage under the workers' compensation law, laws relating to civil service, classification, retirement, vacation, sick leave, and other matters relating to regular public employees shall not apply to such persons.

(b) The department shall promulgate rules under chapter 91 necessary to carry out the purposes of public service employment, including but not limited to the following:

(1) The employment of public assistance recipients shall not displace any state or county employee or any individual performing work for the State or county on a contractual basis;

(2) The minimum period of employment shall not be less than four calendar weeks; and

(3) There shall be no discrimination based on race, color, creed, sex, age, religion, or national origin. [L 1973, c 177, pt of §2; am L Sp 1974, c 1, §2; am L 1975, c 41, §1; am L 1987, c 339, §4]

Revision Note

In subsection (a)(1), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 353-36 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-36
§§353-36 and 353-37 REPEALED.
Status: repealed

§§353-36 and 353-37 REPEALED. L 2016, c 217, §8.
Haw. Rev. Stat. § 346-4.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-4.5
Investigators; authority and access to records.
Status: in_force

(a) The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers and authority of a police officer or of a deputy sheriff, provided that the persons so appointed and commissioned shall not carry any firearms.

(b) Information necessary to investigate fraud and other crimes relating to public assistance, to locate absent parents, to establish paternity, to obtain and enforce court orders of support, and to investigate incidents at the Hawaii youth correctional facilities, and contained within the records of any agency, board, commission, authority, or committee of the State or its political subdivisions shall be made available to any commissioned investigator of the department of human services, notwithstanding any provision for confidentiality. [L 1976, c 83, §1; am L 1979, c 176, §1; am L 1987, c 339, §4; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2009, c 62, §2]
Haw. Rev. Stat. § 346-395 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-395
Eligibility.
Status: in_force

A young adult may continue to receive services under this part if the young adult meets the following criteria:

(1) The young adult was:

(A) Under the permanent custody, foster custody, voluntary foster custody, or court-ordered temporary foster custody of the department at the time the young adult attained the age of eighteen;

(B) A child who was placed in guardianship after attaining the age of sixteen and the legal guardians are no longer willing to provide emotional and financial support; or

(C) A child who was adopted after attaining the age of sixteen and the adoptive parents are no longer willing to provide emotional and financial support;

(2) The young adult voluntarily consents to participate in the young adult voluntary foster care program and meets the program requirements;

(3) The court finds that exercising jurisdiction under this part is in the young adult's best interest; and

(4) The young adult is:

(A) Completing secondary education or a program leading to an equivalent credential;

(B) Enrolled in an institution that provides post-secondary or vocational education;

(C) Participating in a program or activity designed to promote or remove barriers to employment;

(D) Employed for at least eighty hours per month; or

(E) Incapable of doing any of the activities described in subparagraphs (A) to (D) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the young adult. [L 2013, c 252, pt of §2; am L 2016, c 134, §3]
Haw. Rev. Stat. § 346-10 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-10
Protection of records; divulging confidential information prohibited.
Status: in_force

(a) The department and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records concerning any applicant or recipient shall be confidential. The use or disclosure of information concerning applicants and recipients shall be limited to:

(1) Persons duly authorized by the State or the United States in connection with their official duties, when the official duties are directly connected with the administration of any form of public assistance, medical assistance, food stamps, or social services;

(2) Purposes directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any form of public assistance, food stamps, medical assistance, or social services, including disclosure by the department of information and documents to police departments, prosecutors' offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations regarding any aspect of theft, fraud, deception, or overpayment in connection with any aspect of public assistance, food stamps, medical assistance, or social services; provided that disclosure by recipient agencies and personnel shall be permitted under this section to the extent reasonably necessary to carry out the functions for which the information was provided;

(3) Disclosure to the extent necessary to provide services for applicants and recipients, to determine eligibility, or to determine the amount of public assistance, including verification of information provided by the recipient of public assistance, medical assistance, or food stamps, or to determine the type, kind, frequency, and amount of social services, including health and mental health related services needed;

(4) Disclosure to banks, financial institutions, or any other payor of a public assistance warrant or check of any information indicating that a public assistance warrant or check honored by the bank, institution, or payor has been forged or otherwise wrongfully presented for payment;

(5) Federal agencies responsible for the administration of federally assisted programs that provide assistance in cash or in kind for services directly to individuals on the basis of need and the certification of receipt of assistance to needy families with minor dependents to an employer for purposes of claiming tax credit under Public Law 94-12, the Tax Reduction Act of 1975, shall be permitted;

(6) Employees acting within the scope and course of their employment of recognized social welfare organizations as may be approved by the department;

(7) Purposes directly connected with any investigation, prosecution, or criminal proceeding conducted in connection with the licensure or operation of an adult day care center, including disclosure by the department of information and documents to police departments, prosecutors' offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations;

(8) Disclosure to the child support enforcement agency for obtaining or enforcing a child support order under chapter 576D;

(9) Disclosure of a recipient's residence and business address to law enforcement officers who request information if the information is needed for an official administrative, civil, or criminal law enforcement purpose to identify a recipient as a fugitive felon or parole violator, and in cases where the information is needed for an official purpose and where the department has informed the recipient of the circumstances in which the recipient's address may be released under section 92F-19(a)(1), (3), or (4);

(10) Disclosure of reports and records relating to child abuse or neglect to the extent allowed by rules adopted under section 350-1.4; and

(11) Disclosure pursuant to a court order, after an in camera review of the records by the court, upon a showing of good cause by the party seeking the release of the records.

(b) Disclosure to any committee or legislative body (federal, state, or local) of any information that identifies by name and address any such applicant or recipient; and publication of lists or names of applicants and recipients shall be prohibited.

(c) The department shall promulgate and enforce such rules as may be necessary to prevent improper acquisition or use of confidential information. Any information secured pursuant to this section by the officials or employees may be used in connection with their official duties or within the scope and course of their employment but not otherwise, and shall be kept in confidential records or files, which shall not be subject to any other law permitting inspection of government records. The department and its agents shall determine whether or not such inspection is in connection with such official duties or within the scope and course of such employment.

(d) The use of the records, and other communications of the department or its agents by any other agency or department of government to which they may be furnished, shall be limited to the purposes for which they are furnished.

(e) Confidential information shall be released if requested by specific written waiver of the applicant or recipient concerned.

(f) The identity of foster parents, adoptive parents, and foster care facility staff parents, and the location of the foster home, adoptive home, or foster care facility is confidential but may be released with the consent of the foster parent, adoptive parent, or foster care facility staff. If the department determines it is in the best interest of the child and of the adoptive parents, foster parents, or facility, the identity and location of the adoptive parents or foster parents, foster home, or facility may be stricken from the individual's case file or withheld from the child's parents, guardians, or other interested persons. Notwithstanding the above, the department shall release the identity, mailing address, and telephone number of licensed or certified foster parents and approved relative caregivers to any association, agency, or government entity which would be of benefit to the foster parents or relative caregivers or to the foster care program, unless the foster parents or relative caregivers submit to the department a signed statement requesting that such information be kept confidential. To be effective, this statement must be submitted to the department by December 31, 1996, or with the application to the department thereafter. The identity, mailing address, and telephone number of licensed or certified foster parents and approved relative caregivers provided to an association, agency, or government entity shall not be released by the association, agency, or government entity without the consent of the foster parent or relative caregiver.

(g) All reports concerning adult abuse or neglect, as well as all records of such reports, are confidential and any unauthorized disclosure of a report or record of a report shall be a violation. The director of human services may adopt, amend, or repeal rules, pursuant to chapter 91, to provide for the confidentiality of reports and records and for the authorized disclosure of reports and records. [L 1941, c 296, pt of §1; am L 1943, c 113, §1; RL 1945, §4825; am L 1951, c 226, §1; am L 1953, c 153, §2; RL 1955, §108-5; HRS §346-10; am L 1970, c 105, §5; am L 1978, c 105, §2; am L 1983, c 213, §1; am L 1985, c 272, §8; am L 1986, c 332, §6; am L 1987, c 339, §4 and c 345, §2; am L 1991, c 145, §2; am L 1996, c 33, §1; am L 1997, c 200, §§3, 11; am L 1998, c 127, §5; am L 1999, c 34, §1; am L 2012, c 91, §1]
Haw. Rev. Stat. § 351-12 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-12
Tenure and compensation of members.
Status: in_force

(a) The term of office of each member of the commission shall be four years or until the member's successor is appointed, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of the term. Each member shall be eligible for reappointment, subject to section 26-34. A vacancy in the commission shall not affect its powers. If any member is unable to act because of absence, illness, or other sufficient cause, the governor may make a temporary appointment, and the appointee shall have all the powers accorded the regular member for the period of the temporary appointment.

(b) Each member shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. Members shall be paid necessary traveling and subsistence expenses incurred in the discharge of their duties. [L 1967, c 226, pt of §1; HRS §351 - 12; gen ch 1985; am L 1989, c 177, §5; am L 1990, c 136, §2; am L 1992, c 260, §2]
Haw. Rev. Stat. § 346-44 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-44
Recovery of public assistance overpayments.
Status: in_force

All overpayments of public assistance funds, including but not limited to overissuances of financial assistance, food stamp bonuses under a food stamp plan, medicaid assistance, and incorrect vendor payments in behalf of a recipient, shall constitute a debt due and owing to the department by the recipient of such overpayments. In addition to the remedies elsewhere prescribed in this chapter for the recovery of assistance fraudulently obtained, recovery of all overpayments will be made to the extent allowable by federal regulations.

The department shall promulgate and enforce such rules and regulations as may be necessary to effect the maximum recovery of public assistance overpayments, including but not limited to the reduction of future public assistance grants. Departmental rules and regulations for the recovery of overpayments shall prescribe procedures for recourse to the civil courts when required, the filing of liens against the real property of overpaid recipients, and the filing of claims against the estate of a deceased recipient who has received overpayments which have not been recovered. Nothing in this section shall preclude the director of human services from promulgating procedures for waiving the recovery of overpayments in cases of bona fide hardship or where the costs of recovery would exceed the amount expected to be recovered. [L 1979, c 63, §1; am L 1987, c 339, §4]
Haw. Rev. Stat. § 350-5 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-5
Admissibility of evidence.
Status: in_force

The physician-patient privilege, the psychologist-client privilege, the spousal privilege, and the victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report of child abuse or neglect pursuant to this chapter.
Haw. Rev. Stat. § 346-15 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-15
Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed dead human bodies.
Status: in_force

(a) Where the decedent was a medical assistance or financial assistance recipient at the time of death and is ineligible for the Social Security Administration's one-time lump-sum death benefit, the department may issue a lump-sum death benefit in an amount equal to the Social Security Administration's one-time lump-sum death benefit for the year in which the recipient died.

(b) All unclaimed dead human bodies shall undergo cremation as defined in section 531B-2. The department may bear the cost of the mortuary, crematory, or hydrolysis facility services for unclaimed dead human bodies furnished by any licensed provider of these services. Payments for these services shall be made to the extent of the cost, or in the sum of $1,600 in total, whichever is less, for each unclaimed dead human body. Individuals who have possession, charge, or control of any unclaimed dead human body to undergo cremation at public expense shall have sixty days from the date of the deceased's death to submit in writing to the department its determination that the dead human body is unclaimed and its application for payment for cremation. The county medical examiners or coroners shall have no time limitation by which to submit their written determination that the dead human body is unclaimed and their application for payment for cremation.

(c) Any person submitting an application for the lump-sum death benefit described in subsection (a), on behalf of a deceased medical or financial assistance recipient, shall have sixty days from the date of death of the deceased to submit the application to the department.

(d) A person or public or private agency, including the department, shall not be liable for any damage or subject to criminal prosecution for any act done pursuant to and in compliance with this section.

(e) For the purposes of this section, "unclaimed dead human body" means the remains of any deceased person for whom no one has assumed responsibility for disposition and no legally responsible individual has been identified. Pursuant to section 327-32, the department shall review the written description of the efforts used in making the determination that a dead human body is unclaimed and approve the determination for purposes of payment of the mortuary, crematory, or hydrolysis facility services, if it meets the department's requirements.

(f) The department shall adopt rules pursuant to chapter 91 for purposes of administering and implementing this section. [L 1943, c 36, §1; RL 1945, §4828; am L 1945, c 161, §1; am L 1947, c 22, §1; am L 1953, c 153, §4; RL 1955, §108-8; HRS §346-15; am L 1970, c 88, §1 and c 105, §5; am L 1976, c 177, §1; am L 1985, c 34, §1; am L 1987, c 339, §4; am L 1992, c 20, §1; am L 2000, c 101, §2; am L 2001, c 41, §2; am L 2010, c 205, §§5, 9; am L 2012, c 62, §§2 to 5; am L 2022, c 294, §5; am L 2024, c 108, §2]
Haw. Rev. Stat. § 350C-6 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-6
Medical assistance.
Status: in_force

(a) For the purposes of this chapter, a child with special needs shall be eligible for a medical assistance identification document if:

(1) An adoption assistance agreement was entered into on the child's behalf;

(2) A certified copy of the adoption assistance agreement is filed with the department; and

(3) The state that entered into the adoption assistance agreement is a signatory to the compact.

At least once a year, the adoptive parents shall be required to show that the adoption assistance agreement is in force.

(b) A holder of medical assistance identification documents pursuant to this chapter shall be treated the same as any other holder of medical assistance identification documents under the laws of this State.

(c) The department shall reimburse the cost of services for a child who is in another state if:

(1) The child is covered by an adoption assistance agreement made by the department;

(2) The service is not covered by the resident state;

(3) The service would have been covered by the State if the child had remained a resident of the State;

(4) The service is not covered by any insurance or other third party medical contract or arrangement; and

(5) Evidence of payment for the services sought to be reimbursed is submitted to the department.

(d) This section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. [L 1986, c 110, pt of §1]
Haw. Rev. Stat. § 368-1.5 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-1.5
Programs and activities receiving state financial assistance.
Status: in_force

(a) No otherwise qualified individual in the State shall, by reason of the individual's disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by state agencies, or under any program or activity receiving state financial assistance.

(b) As used in this section:

"Disability" means the state of having a physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.

"Program or activity receiving state financial assistance" includes a program or activity that receives federal and state financial assistance.

"State financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State. [L 1989, c 387, §2; am L 1992, c 33, §5; am L 2021, c 164, §2]
Haw. Rev. Stat. § 355D-2 — HI Code / Division 1 / Title 20 / Chapter 355D / Section 355D-2
Commitment or transfer of inmate.
Status: in_force

Any court or other agency or officer of the State having power to commit or transfer an inmate, as defined in article II(d) of the Interstate Corrections Compact, to any institution for confinement may commit or transfer the inmate to any institution within or without the State if the State has entered into a contract or contracts for the confinement of inmates in the institution pursuant to article III of the Interstate Corrections Compact.
Haw. Rev. Stat. § 353E-2 — HI Code / Division 1 / Title 20 / Chapter 353E / Section 353E-2
Interagency coordination.
Status: in_force

(a) To carry out their responsibilities under section 353E-1, the department of corrections and rehabilitation, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agency assigned sex offender oversight responsibilities by law or administrative order, shall establish, by an interagency cooperative agreement, a coordinating body, to be known as the sex offender management team, to oversee the development and implementation of sex offender assessment, evaluation, treatment, and supervision services and programs in the State consistent with section 353E-1(1). The interagency cooperative agreement shall set forth the role of the sex offender management team and the responsibilities of each agency that is a party to the agreement.

(b) The department of corrections and rehabilitation shall be the lead agency for the statewide integrated sex offender treatment program. As the lead agency, the department shall act as facilitator of the sex offender management team by providing administrative support to the sex offender management team.

(c) Notwithstanding any other provision to the contrary, for purposes of sex offender treatment and community supervision, any agency that is part of the interagency cooperative agreement shall provide, upon the request of any other participating agency, all relevant criminal, parole, medical, psychological, or mental health records of any offender receiving supervision or treatment while under custody of the State. Records received by a participating agency under this section shall be confidential and shall be disclosed by the receiving agency only for the purposes and under the circumstances expressly authorized by this section. Any agency providing records under this section shall document the disclosures made under this section, including the name of the agency to which the record is disclosed, the title of the record disclosed, and the date of disclosure.

(d) The sex offender management team may hold meetings closed to the public pursuant to section 92-4 for the purpose of discussing information relating to individual sex offenders where disclosure of the information would be a clearly unwarranted invasion of personal privacy. [L 1992, c 164, pt of §2; am L 1999, c 95, §2; am L 2016, c 36, §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353G-12 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-12
Satisfactory progress in treatment program as mitigating factor.
Status: in_force

A person's satisfactory progress in a treatment program as determined by the treatment program's report shall be considered a mitigating factor and evidence of the person's amenability to treatment for purposes of determining the terms and conditions of parole or other release from a correctional center or facility.
Haw. Rev. Stat. § 354D-14 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-14
Disclosure of interests.
Status: in_force

Any employee, adviser, or any other agent of the correctional industries program who has a direct or indirect interest in any contract or transaction with the correctional industries program shall disclose this interest to the administrator. No employee, adviser, or agent having an interest shall participate on behalf of the correctional industries program in the authorization of any contract or transaction.
Haw. Rev. Stat. § 346-369 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-369
Exemptions.
Status: in_force

(a) Any compensation received by a provider agency for services rendered to homeless families or individuals, or in operating or managing a homeless facility authorized by this part, is exempt from taxation under chapter 237.

(b) Any county mayor may exempt, by executive order, donors and provider agencies from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate the exemptions granted by this subsection.

(c) Any provider agency operating or managing a homeless facility or any other program for the homeless authorized by this part is exempt, for purposes of those facilities or programs, from any requirements contained in part VIII of chapter 346 and chapters 467 and 521. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 346-37.4 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-37.4
§§346-37.
Status: repealed

§§346-37.4 to 346-37.6 REPEALED. L 1986, c 332, §23.
Haw. Rev. Stat. § 353-13.4 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.4
Substance abuse testing of inmates.
Status: in_force

(a) When an inmate under the custody of the department of corrections and rehabilitation is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as provided in chapter 329B. The cost of a confirmatory test shall be paid for by the State; provided that in those instances where a positive test result is confirmed, the inmate shall be charged with the cost of the confirmatory test.

(b) All specimens shall be sealed and coded in the presence of the inmate and the inmate shall sign an approved form acknowledging that the specimen has been sealed and coded in the inmate's presence. The director of the department of corrections and rehabilitation shall establish a chain-of-custody procedure that includes a tracking form documenting the handling and storage of the specimen from collection to final disposition of the specimen.

(c) Positive test results of substance abuse testing and the availability of a confirmatory test shall be provided to the inmate in writing.

(d) A positive test result from a substance abuse test that fails to meet the requirements of this section shall not be reported or recorded. [L 1992, c 201, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 349-6 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-6
State master plan for elders.
Status: in_force

The executive office on aging shall be responsible for the continued development, implementation, and continuous updating of a comprehensive master plan for elders which shall include, but not be limited to, the following:

(1) Compilation of basic demographic data on elders in the State;

(2) Identification of the physical, sociological, psychological, and economic needs of elders in the State;

(3) Establishment of immediate and long-range goals pursuant to programs and services for elders in the State;

(4) Establishment of priorities for program implementation and of alternatives for program implementation; and

(5) Organization of administrative and program structure, including the use of facilities and personnel.

The state master plan for elders shall be developed in accordance with the requirements of the executive budget act. [L 1976, c 217, pt of §2; am L 1990, c 67, §8]
Haw. Rev. Stat. § 348F-4 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-4
Annual report.
Status: in_force

The board shall report on its activities to the governor and the legislature at the end of each fiscal year, and may include recommendations consistent with the purposes of this chapter.
Haw. Rev. Stat. § 356D-33 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-33
Investigatory powers.
Status: in_force

(a) The authority may:

(1) Investigate living, dwelling, and housing conditions and the means and methods of improving the conditions;

(2) Enter upon any building or property to conduct investigations or to make surveys or soundings;

(3) Conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;

(4) Issue subpoenas requiring the attendance of witnesses or the production of books and papers, and order the examination of witnesses who are unable to attend before the authority, are excused from attendance, or by leave of courts as provided by chapter 624, are out of the State; and

(5) Make available to any government agency charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, morals, safety, or welfare.

(b) Investigations or examinations may be conducted by the authority, by a committee appointed by it consisting of one or more members of the board, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any person designated by the authority to conduct an investigation or examination shall have the power to administer oaths, take affidavits, and issue subpoenas or orders for the taking of depositions. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 353-18 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-18
Director to fix committed persons' compensation.
Status: in_force

The director, by rule, may classify, grade, and fix earnings to be paid to committed persons who may be confined in any correctional facility of the State.
Haw. Rev. Stat. § 353G-11 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-11
Escape from residential treatment facility.
Status: in_force

A person placed into a residential treatment facility or program pursuant to this chapter shall be deemed to be subject to official detention for the purposes of a criminal prosecution for violation of section 710-1020 or 710-1021.
Haw. Rev. Stat. § 346-43 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-43
Penalties under other laws.
Status: in_force

Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
Haw. Rev. Stat. § 352D-5 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-5
Appointment of director; powers and duties.
Status: in_force

(a) The office of youth services shall be headed by an executive director who shall be appointed by the governor without regard to chapter 76. The executive director may appoint such other staff as may be necessary to carry out the duties of the office of youth services.

(b) The executive director, for the administration of the Juvenile Justice Delinquency Prevention Act, may employ any other staff without regard to chapter 76. [L 1989, c 375, pt of §1; am L 1993, c 318, §2; am L 2000, c 253, §150]
Haw. Rev. Stat. § 353-69 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-69
Parole when.
Status: in_force

[Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2 deleted by 2017, c 77, §2.] Except as provided in section 706-670, no parole shall be granted unless it appears to the Hawaii paroling authority that there is a reasonable probability that the prisoner concerned will live and remain at liberty without violating the law and that the prisoner's release is not incompatible with the welfare and safety of society.
Haw. Rev. Stat. § 346C- — HI Code / Division 1 / Title 20 / Chapter 346C / Section 346C-
7] Annual audits of the long-term care benefits fund.
Status: in_force

The auditor shall conduct an audit of the long-term care benefits fund annually for the first three years from the date the fund first receives deposits, and every three years thereafter; provided that the auditor may modify the time periods after the first three years as appropriate to the circumstances. The auditor shall publish a report of the results of every audit, including any recommendations.(a) With the advice of the director of finance to ensure investment soundness, the board of trustees shall invest moneys in the long-term care benefits fund solely in:

(1) Obligations of any of the following classes:

(A) Obligations issued or guaranteed as to principal and interest by the United States or by any state thereof or by any municipal or political subdivision or school district of any of the foregoing; provided that the principal of and interest on such obligations are payable in currency of the United States, or sovereign debt instruments issued by agencies of, or guaranteed by foreign governments;

(B) Revenue bonds, whether or not permitted by any other provision hereof, of the State or any political subdivision thereof, including the board of water supply of the city and county of Honolulu, and street or improvement district bonds of any district or project in the State; and

(C) Obligations issued or guaranteed by any federal home loan bank including consolidated federal home loan bank obligations, the Home Owner's Loan Corporation, the Federal National Mortgage Association, or the Small Business Administration;

(2) Obligations eligible by law for purchase in the open market by federal reserve banks;

(3) Securities and futures contracts in which in the informed opinion of the board of trustees it is prudent to invest funds of the system, including currency, interest rate, bond, and stock index futures contracts and options on such contracts to hedge against anticipated changes in currencies, interest rates, and bond and stock prices that might otherwise have an adverse effect upon the value of the system's securities portfolios; covered put and call options on securities; and stock; whether or not the securities, stock, futures contracts, or options on futures are expressly authorized by or qualify under the foregoing paragraphs, and notwithstanding any limitation of any of the foregoing paragraphs; and

(4) Any other investments deemed secure on the advice of the state director of finance.

(b) The board of trustees shall submit to the legislature no later than January 1 of every year, an annual report for the preceding fiscal year. The annual report shall include information concerning:

(1) Investments, including the types and amounts;

(2) Current balance in the fund;

(3) Projected liabilities for the upcoming year;

(4) Current reserve requirements to meet the projected liabilities for the upcoming year;

(5) Amount of claims paid and taxes received in the year immediately preceding the issuance of the report; and

(6) Any other useful information to determine the fiscal soundness of the fund. [L 2002, c 245, pt of §2]
Haw. Rev. Stat. § 346-28.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-28.5
Family self-sufficiency escrow accounts; asset test exemption.
Status: in_force

Moneys within an escrow account established under the family self-sufficiency program of the United States Department of Housing and Urban Development shall be disregarded when determining eligibility for assistance or other benefits under this chapter.
Haw. Rev. Stat. § 350-1 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1
Definitions.
Status: in_force

For the purposes of this chapter, unless the context specifically indicates otherwise:

"Aggravated circumstances" means the same as defined in section 587A-4.

"Child" means a person who is born alive and is less than eighteen years of age.

"Child abuse or neglect" means:

(1) The acts or omissions of any person who, or legal entity which, is in any manner or degree related to the child, is residing with the child, or is otherwise responsible for the child's care, that have resulted in the physical or psychological health or welfare of the child, who is under the age of eighteen, to be harmed, or to be subject to any reasonably foreseeable, substantial risk of being harmed. The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to:

(A) When the child exhibits evidence of:

(i) Substantial or multiple skin bruising or any other internal bleeding;

(ii) Any injury to skin causing substantial bleeding;

(iii) Malnutrition;

(iv) Failure to thrive;

(v) Burn or burns;

(vi) Poisoning;

(vii) Fracture of any bone;

(viii) Subdural hematoma;

(ix) Soft tissue swelling;

(x) Extreme pain;

(xi) Extreme mental distress;

(xii) Gross degradation; or

(xiii) Death; and

such injury is not justifiably explained, or when the history given concerning such condition or death is at variance with the degree or type of such condition or death, or circumstances indicate that such condition or death may not be the product of an accidental occurrence;

(B) When the child has been the victim of sexual contact or conduct, including but not limited to sexual assault as defined in the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 712-1202(1)(b);

(C) When there exists injury to the psychological capacity of a child as is evidenced by an observable and substantial impairment in the child's ability to function;

(D) When the child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision;

(E) When the child is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; provided that this subparagraph shall not apply when such drugs are provided to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240; or

(F) When the child has been the victim of labor trafficking under chapter 707; or

(2) The acts or omissions of any person that have resulted in sex trafficking or severe forms of trafficking in persons; provided that no finding by the department pursuant to this chapter shall be used as conclusive evidence that a person has committed an offense under part VIII of chapter 707 or section 712-1202.

"Department" means the department of human services.

"Electronic medium" means any recording, synthetic media, magnetic disc memory, magnetic tape memory, compact disk, digital video disk, thumb drive, or any other data recording hardware or media used with a computer.

"Harm" means the same as defined in section 587A-4.

"Report" means the initial oral statement and, if required by section 350-1.1(c), the subsequent written account concerning the facts and circumstances which cause a person to have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future.

"Severe forms of trafficking in persons" has the same meaning as provided in title 22 United States Code Annotated section 7102.

"Sex trafficking" has the same meaning as provided in title 22 United States Code Annotated section 7102.

"Threatened harm" means the same as defined in section 587A-4. [L 1982, c 77, §1; am L 1983, c 171, §5; am L 1987, c 204, §3 and c 339, §4; am L 1988, c 141, §29; am L 2013, c 246, §3; am L 2017, c 16, §2; am L 2020, c 35, §2; am L 2022, c 109, §10; am L 2024, c 147, §1]

Revision Note

Pursuant to §23G-15, in:

(1) Paragraphs (1) to (4) of the definition of "child abuse or neglect", "or" deleted; and

(2) The definition of "report", section "350-1.1(c)" substituted for "350-1.1(d)".
Haw. Rev. Stat. § 346-66 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-66
Psychological services.
Status: in_force

When the health care or rehabilitative services authorized under this chapter are services which a psychologist is licensed to render under chapter 465, the department shall not require referral, direction, or prescription of services by another health care practitioner.
Haw. Rev. Stat. § 346-2 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-2
Appointment of personnel.
Status: in_force

The director of human services shall appoint such personnel in conformity with law as the director deems necessary. All employees of the department of human services shall be appointed subject to any civil service law relating to state employees; in the event there is no civil service law in effect, then in accordance with a merit system meeting applicable federal requirement; provided that in the event of any conflict between applicable mandatory federal requirements and any state civil service law or regulations, the former requirements shall prevail.
Haw. Rev. Stat. § 356D-53 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-53
Foreclosure of lien, notice, etc.
Status: in_force

(a) The lien of the authority upon personal property that has been taken and retained by it as provided in section 356D-52 may be foreclosed by the authority by selling the property at public auction:

(1) After first mailing by United States mail, postage prepaid, a notice of the foreclosure addressed to the tenant who owns, or was in possession of, the personal property at the tenant's last address shown on the records of the authority. The notice shall state that, unless the charge or charges then due and owing from the tenant to the authority are paid within ten days from the time of mailing the notice, the personal property will be sold at public auction; and

(2) After first giving public notice of the foreclosure and sale at least two times in the county in which the personal property is located. Each notice shall contain a brief description of the personal property; the name of the tenant, if known; the name of the owner of the personal property, if known; the amount of the charge or charges; and the time and place of the sale. Notices of several foreclosures and sales may be combined in one notice; and whenever so combined and given, the expenses of notice and sale shall be a statutory lien upon the property described in the notice in a ratable proportion according to the amount received for each lot of property so noticed for sale.

(b) If the tenant fails to pay to the authority within ten days after the mailing of the notice of foreclosure the charge or charges, the authority may sell the property at public auction at the time and place stated in the notice, or at a time or times or place or places to which the sale may be postponed or adjourned at the time and place stated in the notice, and may apply the proceeds thereof to the payment of the charge or charges and the expenses of notice and sale. The balance, if any remaining, shall be paid over to the tenant who formerly owned, or was in possession of, the property. If the balance is not claimed by the tenant within thirty days after the sale, then the balance shall be paid over to the director of finance and it shall be kept by the director in a special deposit for a period not to exceed six months. If claimed by the tenant during that period, it shall be paid to the tenant. If no claim is made during the period, the sum shall become a government realization and be paid into the general fund. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-68 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-68
Bridge to hope program; transitional benefits.
Status: in_force

(a) There is created within the department a post-secondary education benefits program, to be known as the bridge to hope program, for heads of households in the first-to-work program.

(b) To receive assistance under this program, the participant shall:

(1) Be enrolled as a student each term in an approved course of study including, but not limited to, vocational education;

(2) Maintain passing grades or better throughout the course of study; and

(3) Meet work activity requirements as defined by the department.

(c) Internships, externships, practicums, or any other work training required by the course of study shall count toward the recipient's work requirement.

(d) The department shall adopt rules in accordance with chapter 91 to carry out the purpose of this section. [L 2000, c 276, §2; am L 2008, c 82, §2]
Haw. Rev. Stat. § 353B-1 — HI Code / Division 1 / Title 20 / Chapter 353B / Section 353B-1
Terms and provisions of compact.
Status: in_force

The interstate compact for the supervision of adult offenders is hereby entered into and enacted into law with all jurisdictions legally joining therein, in form substantially as follows:

ARTICLE I

PURPOSE

The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states, to: provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.

ARTICLE II
Haw. Rev. Stat. § 354D-5 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-5
Advisory committee.
Status: in_force

(a) There is established within the department a committee to be known as the correctional industries advisory committee. This advisory committee shall advise the department of the feasibility of establishing venture agreements with private sector businesses to utilize the services of qualified, able-bodied inmates pursuant to section 354D-13.

(b) The advisory committee shall consist of nine members who shall be appointed by the governor in accordance with section 26-34. The governor shall designate a member to be chairperson of the advisory committee. The director or a designee shall serve as an ex officio[,] nonvoting member of the advisory committee. In establishing the advisory committee, the governor shall appoint at least two members representing private sector businesses and two members representing labor unions. The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, that are necessary for the performance of their duties. [L 1990, c 341, pt of §1; am L 1994, c 194, §1; am L 1996, c 158, §1]
Haw. Rev. Stat. § 353-34 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-34
Probation services fee; assessment.
Status: in_force

Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to section 706-648.
Haw. Rev. Stat. § 346-238 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-238
Service.
Status: in_force

(a) Service of the notice shall be made by delivery of a copy thereof together with a certified copy of the petition to each person or entity to be given notice either by personal service, by certified mail, return receipt requested and addressed to the last known address, by publication, or by other means authorized by the court. Upon a showing of good cause, the court may waive notice to any party except the vulnerable adult.

(b) Service shall be effected at least forty-eight hours prior to the time fixed in the notice for hearing when held pursuant to section 346-232(a), or at least fifteen days prior to the time fixed in the notice for an adjudicatory, disposition, or review hearing, unless the party otherwise was ordered by the court to appear at those hearings. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §19]
Haw. Rev. Stat. § 353-70 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-70
Final discharge.
Status: in_force

Whenever, in its opinion, any paroled prisoner has given such evidence as is deemed reliable and trustworthy that the paroled prisoner will remain at liberty without violating the law and that the paroled prisoner's final release is not incompatible with the welfare of society, the Hawaii paroling authority may grant the prisoner a written discharge from further liability under the prisoner's sentence.

Any paroled prisoner who has been on parole for at least five years shall be brought before the paroling authority for purposes of consideration for final discharge and complete pardon. In the event the prisoner is not granted a final discharge and full pardon, the paroled prisoner shall be brought before the paroling authority for the aforementioned purposes annually thereafter.

Any person, who, while on parole, enters the military service of the United States, may, upon the person's honorable discharge therefrom, petition the paroling authority for a final discharge, and the paroling authority may consider the honorable discharge as grounds for granting a final discharge from parole and recommending to the governor a full pardon. [L 1917, c 103, §7; RL 1925, §1566; am L 1931, c 126, §7; RL 1945, §3963; am L 1949, c 2, §1; RL 1955, §83 - 68; am L 1957, c 308, §4; am L 1963, c 149, §1; HRS §353 - 70; am L 1976, c 92, pt of §8; gen ch 1985]
Haw. Rev. Stat. § 356D-21 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-21
Bonds; authorization.
Status: in_force

(a) The authority, with the approval of the governor, may issue from time to time bonds (including refunding bonds to pay, retire, or provide for the retirement of bonds previously issued by the authority) in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for any of its corporate purposes.

(b) All bonds shall be issued pursuant to part III of chapter 39, except as provided in this part.

(c) The bonds shall be issued in the name of the authority, and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding sixty years from the date of issuance.

(d) The authority may issue bonds as it may determine, including without limitation bonds payable from and secured, in whole or in part, by:

(1) Income and revenues derived from the housing project or projects financed from the proceeds of bonds;

(2) Receipts derived from any grant from the federal government made in aid of a housing project or projects financed from the proceeds of bonds;

(3) Income and revenues derived from a particular designated housing project or projects whether or not financed, in whole or in part, from the proceeds of bonds;

(4) Income and revenues of the authority generally; or

(5) Any combination of paragraphs (1) through (4).

(e) Any pledge made by the authority shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the authority from and after the time that a financing statement with respect to the revenues, moneys, or property so pledged and thereafter received shall be filed with the bureau of conveyances. Upon the filing, the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be prior to the lien of all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this part.

(f) Any housing project or projects authorized by, and undertaken pursuant to, this chapter shall constitute an undertaking within the meaning of that term as defined and used in part III, chapter 39. The authority shall constitute a department and the board shall constitute a governing body within the meaning of those terms as defined and used in part III, chapter 39.

(g) Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. [L 2006, c 180, pt of §2; am L 2025, c 89, §8]
Haw. Rev. Stat. § 347-18 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-18
Penalty.
Status: in_force

Any person who violates section 347-16 or 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both.
Haw. Rev. Stat. § 352-20 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-20
Disposition of inactive accounts.
Status: in_force

Where money in an individual person's account on the books of the Hawaii youth correctional facilities has not been claimed by such person or the person's legal representative within one year after the person has or would have reached the age of majority, the director shall remit to the director of finance all moneys standing to the credit of the person in the account, taking the receipt of the director of finance therefor. All such moneys shall thereupon, become a state realization; provided that at any such time within five years after the payment into the treasury of moneys from any such account, the person or the legal representative of the person, who would have been entitled to receive the same from the director upon making satisfactory proof to the comptroller of the State of such right, shall receive the amount thereof out of any moneys not otherwise appropriated upon warrant drawn by the comptroller.
Haw. Rev. Stat. § 353-40 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-40
Correctional facility and community correctional center deaths; reporting.
Status: in_force

(a) Within forty-eight hours, the director shall report to the governor, and the governor shall report to the legislature, the death of any:

(1) Correctional facility or community correctional center employee who:

(A) Dies on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside; or

(B) Sustains an injury on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; or

(2) Hawaii inmate who is incarcerated by or under the care and custody of:

(A) A state or contracted correctional facility; or

(B) An agent of a state or contracted correctional facility.

Within seven days of the director's submission of the report to the governor, the department shall post a copy of the report on its public website.

(b) The report in subsection (a) shall include the following information:

(1) The name of the decedent;

(2) The gender and age of the decedent;

(3) Whether the decedent was an inmate or an employee;

(4) The location of the death or injury leading to the death;

(5) The date and time of the death;

(6) The cause of death; and

(7) Any indication of sexual assault leading to the death.

(c) When the official cause of death has been determined, the director shall submit a report to the governor, and the governor shall submit the report to the legislature that shall include the following information:

(1) The clinical mortality review conducted in response to the death, including correctional actions to be taken;

(2) The official cause of death; and

(3) Any indication of sexual assault leading to the death.

(d) The information specified in subsection (c)(2) and (3) shall be open to public inspection, unless:

(1) Any federal or state law protects the information from disclosure; provided that the report shall cite the applicable federal or state law; or

(2) The disclosure of the information would materially impair an ongoing criminal investigation. [L 2022, c 278, pt of §18; am L 2023, c 22, §1]
Haw. Rev. Stat. § 353-23 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-23
Disposition of property subject to action for damages.
Status: in_force

No disposition of any estate, either by will or otherwise, after the arrest for crime of which the committed person was convicted, whether the sentence is for life or otherwise, shall have any advantage or preference over the claim of any person entitled to damages for a private injury committed by the criminal, unless the disposition was made for a valuable and equivalent consideration to a person ignorant of the arrest.
Haw. Rev. Stat. § 348-6 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-6
Administrative personnel and administration.
Status: in_force

(a) The department of human services may adopt and promulgate regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services, and the establishment and maintenance of personnel standards, including provisions relating to the tenure, appointment, and qualification of personnel, which shall govern with respect to such matters notwithstanding any other law.

(b) The department shall adopt and promulgate regulations respecting[:]

(1) The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services; and

(2) The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided all eligible handicapped people.

(c) The department may also promulgate regulations with regard to the use of professional personnel of the department in cooperation with the federal government for the purpose of surveying needs and implementing rehabilitation services in any of the federal government's political subdivisions or trust territories, when such actions or services involve no cost to the State. [L 1955, c 231, pt of §2; RL 1955, §42-35; am L Sp 1959 2d, c 1, §18; HRS §348-6; am L 1970, c 105, §5; am L 1979, c 188, §1(5); am L 1987, c 339, §4]

Revision Note

In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2), and in paragraph (1), ending punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 351-35 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-35
Recovery from offender.
Status: in_force

Whenever any person is convicted of an offense that includes any crime enumerated in section 351-32 and an order or the payment of compensation is or has been made under this part for injury or death resulting from the act or omission constituting such offense, the commission may institute a derivative action against the person and against any person liable at law on the person's behalf, in the name of the victim or such of the victim's dependents as have been awarded compensation under this part in the circuit court of the circuit in which any such person resides or is found, for such damages as may be recoverable at common law by the victim or such dependents without reference to the payment of compensation under this part. The court shall have jurisdiction to hear, determine, and render judgment in any such action. The time from the occurrence of the act or omission until conviction of the offense and, thereafter, as long as the offender is in confinement for conviction of the offense, shall not constitute any part of the time limited for the commencement of the action by the commission under the applicable statute of limitations. Any recovery in the action shall belong to the State, provided that the commission shall amend its order of compensation to provide for the payment of any portion of the recovery in excess of the amount of compensation prescribed in the order to any of the persons entitled to receive compensation under section 351-31 in such proportions and upon such terms as the commission shall deem appropriate. If the legislature fails to appropriate funds to pay all or any part of the award of payment made by the commission and there is a recovery of the money from the offender, the commission shall pay all of such recovery to the claimant or such portion thereof, to the claimant as to the commission appears just and equitable, but in no case shall any claimant be given an award in excess of both the recovery and the award.
Haw. Rev. Stat. § 346-432 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-432
[ §346-432] Office of wellness and resilience; established.
Status: in_force

[ §346-432] Office of wellness and resilience; established. (a) There is established within the department for administrative purposes only, the office of wellness and resilience.

(b) The office shall be headed by an executive director, who shall be appointed by the director without regard to chapter 76, and who shall serve at the pleasure of the director.

(c) The executive director may appoint additional staff for the office. Staff appointed pursuant to this subsection shall be exempt from chapters 76 and 89 but shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State.

(d) Department heads may assign additional employees from existing positions within those departments to the office; provided that the employees shall represent their respective department's needs and shall have direct communication with the respective department's leadership during the course of their assignment with the office. [L 2023, c 87, pt of §2]
Haw. Rev. Stat. § 350-1.3 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.3
Any person may report.
Status: in_force

Any person, not otherwise required to report pursuant to section 350-1.1, who becomes aware of facts or circumstances which cause that person to have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, may immediately report the matter orally to the department or to the police department.
Haw. Rev. Stat. § 349-24 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-24
Wilful interference; prohibited.
Status: in_force

Any individual, including any long-term care facility or long-term care facility employee, who wilfully interferes with or impedes the long-term care ombudsman or designee in the performance of the long-term care ombudsman's or designee's duties pursuant to this part shall be guilty of a misdemeanor. Each separate act of wilful interference and each day during which any wilful interference continues shall constitute a separate offense.
Haw. Rev. Stat. § 346D-2 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-2
Establishment of medicaid home and community-based waiver programs.
Status: in_force

(a) Waiver programs shall be established and administered by the department of human services to provide comprehensive home and community-based services for the aged, chronically ill, disabled, developmentally disabled, and individuals with intellectual disabilities, who are certified as requiring acute, skilled nursing, intermediate care facility, or intermediate care facility for individuals with intellectual disabilities level of care.

(b) These services shall be furnished to individuals in the geographic areas of the State identified in the approved waiver program applications.

(c) Medicaid home and community-based waiver program expenditures shall not exceed the amount authorized by the federal Centers for Medicare and Medicaid Services. [L 1983, c 192, §3; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1990, c 324, §3; am L 1991, c 61, §1; am L 1998, c 294, §3; am L 2011, c 43, §11 and c 220, §§5, 11]
Haw. Rev. Stat. § 353B-5 — HI Code / Division 1 / Title 20 / Chapter 353B / Section 353B-5
Execution.
Status: in_force

The governor shall execute the compact on behalf of this State, and perform any other acts which may be deemed requisite to its formal adoption.
Haw. Rev. Stat. § 348-4 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-4
REPEALED.
Status: in_force

L 1979, c 188, §1(4).
Haw. Rev. Stat. § 353-13.8 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.8
Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment.
Status: in_force

(a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and personally or by certified or registered mail, return receipt requested, deliverable to the addressee only , on either the person's legal guardian or emergency contact listed while in the custody of the department, if such person can be located and served. Notice of the hearing shall also be served on the public defender, person's attorney, or other court-appointed attorney, as the case may be. If the person who is the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition if that person can be found within the State. Notice shall also be given to the other persons as the court may designate.

(b) The notice required by subsection (a) shall include:

(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the person who is the subject of the petition, and a statement of the legal standard upon which treatment is authorized;

(2) A copy of the petition;

(3) Written notice, in plain and simple language, that the person may waive the hearing by voluntarily agreeing to the care or treatment proposed;

(4) A completed form indicating the waiver described in paragraph (3) if the person waived the hearing;

(5) Written notice, in plain and simple language, that the person or the person's guardian or representative may apply at any time for a hearing on the issue of the person's need for care or treatment if the person has previously waived a hearing;

(6) Notice that the person is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;

(7) Notice that if the person does not want to be represented by the public defender, the person may contact the person's own attorney; and

(8) Notice, if applicable, that the petitioner intends to present evidence to show that the person is an incapacitated or protected person, or both, under article V of chapter 560, and whether the appointment of a guardian is sought at the hearing. If appointment of a guardian is to be recommended, and a nominee is known at the time the petition is filed, the identity of the nominee shall be disclosed.

(c) If the person who is the subject of the petition executes and files a waiver of the hearing, then upon acceptance by the court following a court determination that the person understands the person's rights and is competent to waive them, the court shall order the person to be given the care or treatment as the court deems to be proper under the circumstance. [L 2011, c 72, pt of §2 ; am L 2016, c 35, §3 ]
Haw. Rev. Stat. § 352-15 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-15
Recreational and program activities.
Status: in_force

The director shall provide the opportunity for the recreation of those persons committed to the facilities. Work programs for such persons shall be established and may include farming, sewing, plant nursery, and animal husbandry.
Haw. Rev. Stat. § 346-366 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-366
Time limits.
Status: in_force

To the extent that appropriations are made available, a provider agency shall provide shelter or any other program assistance authorized by this part to eligible homeless families and homeless individuals not later than three days after a vacancy occurs, or such time as is set by rule, which shall not be later than seven days after they apply and qualify for the shelter or other program assistance. These time limits may be waived at the discretion of the department for a maximum period of fourteen days for the purpose of implementing repairs to the subject shelter that the department deems major or extensive.
Haw. Rev. Stat. § 368-15 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-15
Compliance review.
Status: in_force

At any time in its discretion but not later than one year from the date of a conciliation agreement, predetermination settlement, or after the date of a commission's order to cease an unlawful practice and to take appropriate remedy, the commission shall investigate whether the terms of the agreement, settlement, or order are being complied with by the respondent. Upon a finding that the terms of the agreement, settlement, or the terms of the commission's order, are not being complied with by the respondent, the commission shall take affirmative action as authorized in section 368-3.
Haw. Rev. Stat. § 367-2.5 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-2.5
Executive director.
Status: in_force

The commission shall appoint an executive director for the proper administration and enforcement of this chapter without regard to chapter 76.
Haw. Rev. Stat. § 353-15 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-15
Transfer of committed persons affected with communicable disease.
Status: in_force

Upon written recommendation of the director of health that a committed person determined to have a communicable disease be removed to any hospital, settlement, or place for care and treatment of the communicable disease as designated by the director of health for such specialized care and treatment, the director of corrections and rehabilitation may direct any official having custody of any committed person convicted of a felony and incarcerated in a state correctional facility to cause the committed person to be removed to such a place as designated by the director of health, until discharged under chapter 325 or 326 or until the maximum sentence has been served. Any such committed person who may be discharged before the maximum term of imprisonment shall be returned to the state correctional facility from which the committed person was removed. Any such person who has served the maximum sentence before the committed person is discharged under chapter 325 or 326 shall remain in the custody of the director of health until lawfully discharged or removed by direction or permission. Supervision, care, and treatment of the committed person transferred to any hospital, settlement, or place for the care and treatment of the communicable disease shall be governed by the rules, policies, and procedures of the department of health.
Haw. Rev. Stat. § 346-11 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-11
Unauthorized disclosure or inspection.
Status: in_force

Any person, including any person acquiring information through inspection permitted the person or another under section 346-10, who, knowing the information to have been acquired from the confidential records or files of the department of human services, intentionally divulges the same other than as authorized by law, or who intentionally and knowingly aids or abets in the inspection of such applications or records by any person unauthorized to inspect the same under this chapter or other provisions of law, shall be guilty of a violation.
Haw. Rev. Stat. § 346-59.7 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.7
Enforcement of decisions regarding medicaid overpayment recovery; judgment rendered thereon.
Status: in_force

(a) The director may file in the circuit court in the jurisdiction in which the medicaid overpayment occurred a certified copy of:

(1) A decision of the director assessing a medicaid overpayment against a provider from which no appeal has been taken within the time allowed therefor;

(2) A decision of the director assessing a medicaid overpayment against a provider from which an appeal has been taken but in which no order has been made by the director, the administrative appeals officer, or the court that the appeal shall operate as a supersedeas or stay;

(3) A decision of the administrative appeals officer assessing a medicaid overpayment against a provider from which no appeal has been taken within the time allowed therefor; or

(4) A decision of the administrative appeals officer assessing a medicaid overpayment against a provider from which an appeal has been taken but in which no order has been made by the administrative appeals officer or the court that the appeal shall operate as a supersedeas or stay.

The court shall render a judgment in accordance with the decision and notify the parties thereof. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court, except that there shall be no appeal therefrom.

(b) In all cases in which an appeal from the decision has been taken within the time provided, but in which the director, the administrative appeals officer, or the court has not issued an order that the appeal shall operate as a supersedeas or stay, the decree or judgment of the circuit court shall provide that the decree or judgment shall become void if the decision or award of the director or administrative appeals officer, as the case may be is later set aside.

(c) As used in this section, the term "administrative appeals officer" means the director's designated subordinate appointed to contested case hearings pursuant to chapter 91, and this chapter. [L 1998, c 293, §2]
Haw. Rev. Stat. § 351-82 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-82
Effect of conviction upon contract; deposit of monetary compensation with the commission.
Status: in_force

If the person indicted or charged is subsequently convicted, the person, firm, corporation, partnership, association, or other legal entity which entered into a contract of the type identified in section 351-81 shall:

(1) Deposit fifty per cent of the monetary compensation paid under such contract into a collection account established by the commission pursuant to section 351 - 83 and deposit the other fifty per cent of such monetary compensation in a special account established by the commission pursuant to section 351 - 84 if a timely appeal from the conviction is filed and the contract provides that monetary compensation is payable to the convicted person; or

(2) Deposit all monetary compensation paid under such contract with the commission to a special account established pursuant to section 351 - 84, if a timely appeal from the conviction is:

(A) Filed and the contract provides that the monetary compensation is payable to a person other than the convicted person;

(B) Filed, the conviction is affirmed on appeal, and no further appellate action is allowed; or

(C) Not filed. [L 1986, c 155, pt of §1; am L 1998, c 240, §5]
Haw. Rev. Stat. § 367D-6 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-6
Female adjudicated youth.
Status: in_force

The office of youth services shall collaborate with the departments of human services, health, labor and industrial relations, and education, as well as with representatives of the private sector, to develop a comprehensive continuum of care to address the gender-responsive needs of female adjudicated youth.
Haw. Rev. Stat. § 353-16.37 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16.37
Community partnering.
Status: in_force

Regardless of the method for funding new prison facilities, the department of corrections and rehabilitation shall develop and implement a community partnering process to be incorporated into the request for proposal; this partnering process shall include a community hearing for the purpose of soliciting community input. Further, a community benefit and enhancement package shall be developed by the department and the affected community to mitigate the negative aspects of building a correctional facility in the community. The benefit and enhancement package may include but is not limited to:

(1) Infrastructure improvements;

(2) Job training programs or improvements to schools and health care facilities;

(3) Social programs; and

(4) Other government functions. [L 1998, c 227, pt of §5; am L 1999, c 134, §4; am L 2022, c 278, §29]
Haw. Rev. Stat. § 356D-17 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-17
Public works contracts.
Status: in_force

The authority may make, execute, and carry out contracts for, or in connection with, any public housing project in the manner provided in chapter 103D and section 103-53; and, with regard to the contracts, the term "procurement officer", as used in chapter 103D, shall mean the authority or officer authorized by the authority to act as its contracting officer. Unless made and executed in the name of the State, each contract made and executed as authorized in this section shall state therein that it is so made and executed.
Haw. Rev. Stat. § 346-56 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-56
State reimbursement.
Status: in_force

The department of human services shall comply with all federal requirements pertaining to methods and standards of administration and shall make such rules and regulations and follow such procedures as may be required for the receipt from the federal government of grants or grants-in-aid for public assistance and such administrative costs as are provided in connection therewith.
Haw. Rev. Stat. § 351-84 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-84
Special account, creation, disbursements.
Status: in_force

(a) Monetary compensation received by the commission pursuant to section 351-82(2) shall be deposited into a special account established by the commission. The moneys deposited into the special account including interest earned shall be retained or disbursed by the commission pursuant to this section.

(b) Moneys deposited into the special account shall be used first as provided in section 351 - 83, if necessary, and then to reimburse the crime victim compensation special fund for payments made pursuant to this chapter for the crime committed by the convicted person.

(c) Moneys remaining after disbursement under subsection (b) shall be disbursed to a judgment creditor, for the purpose of satisfying a judgment, from the special account if:

(1) The judgment creditor is a victim, a victim's representative, or other person specified in section 351 - 31, or a person who is not specified in section 351 - 31 but is the victim of a crime subject to this part;

(2) The judgment is for the damages arising out of the criminal act of the convicted person;

(3) A certified copy of the judgment is presented to the commission; and

(4) There is no order staying the judgment or enjoining disbursement.

Judgment creditors shall be paid out of the special account in the order in which certified copies of the judgments are presented to the commission. [L 1986, c 155, pt of §1; am L 1988, c 141, §30; am L 1998, c 240, §7; am L 1999, c 18, §11]
Haw. Rev. Stat. § 346-378 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-378
Housing first programs.
Status: in_force

(a) The department of human services, in consultation with the United States Department of Housing and Urban Development, as necessary, shall implement housing first programs and services, as the department deems appropriate for clientele who would most likely benefit from and succeed with the implementation of housing first programs and services, and subject to the availability of existing funds.

(b) The principles of housing first include:

(1) Moving chronically homeless individuals into housing directly from streets and shelters, without a precondition of accepting or complying with treatment; provided that the department may condition continued tenancy through a housing first program on participation in treatment services;

(2) Providing robust support services for program participants, predicated on assertive engagement instead of coercion;

(3) Granting chronically homeless individuals priority as program participants in housing first programs;

(4) Embracing a harm-reduction approach to addictions, rather than mandating abstinence, while supporting program-participant commitments to recovery; and

(5) Providing program-participants with leases and tenant protections as provided by law.

The department of human services may contract with housing first consultants to effectuate the purposes of this section.

(c) Housing first programs shall incorporate the following:

(1) Identification of target populations, specifically chronically homeless individuals;

(2) Developing assessments for the chronically homeless population;

(3) Developing service components, including:

(A) Financial assistance;

(B) In-home case management services;

(C) Affordable housing requirements;

(D) Landlord cultivation;

(E) Housing-placement requirements; and

(F) Support services to move program-participants toward self-sufficiency.

(d) 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, beginning with the regular session of 2011. The annual report shall include:

(1) The total number of participants in housing first programs;

(2) The annual costs of the programs;

(3) The types of support services offered; and

(4) Information regarding the duration of services required for each participant.

(e) As used in this section, "chronically homeless individual" means:

(1) A homeless individual having a mental illness, addiction, or physical disability who:

(A) Lives in a place not meant for human habitation, a safe haven, or an emergency shelter; and

(B) Has been homeless and living as described in subparagraph (A) continuously for at least twelve months or on at least four separate occasions in the last three years; provided that the combined occasions equal at least twelve months and each break in homelessness separating the occasions included at least seven consecutive nights of not living in places as described in subparagraph (A); provided further that stays in institutional care facilities for fewer than ninety days shall not constitute a break in homelessness, but shall be included in the twelve-month total if the individual was living in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility;

(2) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than ninety days and met all of the criteria in paragraph (1) before entering that facility; or

(3) A family with an adult head of household, or a minor head of household if there is no adult in the family, who meets all of the criteria in paragraph (1) or (2), including a family whose composition has fluctuated while the head of household has been homeless. [L 2010, c 212, pt of §2, §5; am L 2016, c 42, §6; am L 2020, c 65, §2]

Revision Note

In subsections (a), (b), and (d), "the department of human services" was substituted for "the Hawaii public housing authority, in collaboration with the department of human services" pursuant to §23G-15.
Haw. Rev. Stat. § 356D-102 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-102
Facilities and services by counties to authority and tenants.
Status: in_force

Each county within which the authority may own, operate, or administer any public housing project or complex and to which, or for whose benefit, the authority or its predecessors in interest has made (by payment to the county) or may hereafter make, gifts or donations including any payment in lieu of taxes, upon request of the authority, shall provide and furnish to the authority in regard to every public housing project or complex, and to the tenants and other occupants of the public housing project, free of charge and without condition or other requirement, all the facilities, services, and privileges as it provides or furnishes, with or without charge or other consideration, to any person or persons. The facilities and services may include police protection, fire protection, street lighting, paving maintenance, traffic control, garbage or trash collection and disposal, use of streets or highways, use of county incinerators or garbage dumps, storm drainage, and sewage disposal. In addition, each county, upon request of the authority and free of charge and without condition or other requirement, shall open or close, but not construct or reconstruct, streets, roads, highways, alleys, or other facilities within any public housing project or complex within the county. Nothing in this section shall be construed to restrict or limit the power of the authority to agree to pay, or to pay, for any and all of the facilities, services, and privileges, if in its discretion it deems the payment advisable.
Haw. Rev. Stat. § 353-103 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-103
Validity of existing contracts.
Status: in_force

All existing contracts with the federal government relating to imprisonment, subsistence, care, and proper employment of federal and military prisoners are hereby ratified by the State and shall continue in effect until they expire by their own terms. This part shall not be construed to invalidate such contracts. [L Sp 1959 1st, c 3, §3; Supp, §83-92; HRS §353-103]
Haw. Rev. Stat. § 352-2.1 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-2.1
Purpose.
Status: in_force

(a) This chapter creates within the department of human services, and places within the office of youth services under the supervision of the director and such other subordinates as the director shall designate, the Hawaii youth correctional facilities, to provide for the custody, rehabilitation, and institutional care and services to prepare for reentry into their communities and families, youth committed by the courts of the State.

(b) This chapter further creates within the department of human services, and places within the office of youth services under the supervision of the director and such other subordinates as the director shall designate, and under the supervision of the Hawaii youth correctional facilities, the Kawailoa youth and family wellness center, to provide prevention, rehabilitation, and treatment services and programs for youth at risk and young adults at risk, to prevent delinquency and reduce the incidence of recidivism among youth and young adults in the State.

(c) The policy and purpose of this chapter is to harmonize the sometimes conflicting requirements of public safety, secure placement, and individualized services for law violators in the custody and care of the director. To that end, the director shall provide the opportunity for intelligence and aptitude evaluation, psychological testing and counseling, prevocational and vocational training, and employment counseling to all persons committed to the Hawaii youth correctional facilities and to all youth and young adults admitted to the Kawailoa youth and family wellness center. Counseling services shall be available to the committed or admitted person's family during the term of commitment to the Hawaii youth correctional facilities or admission to the Kawailoa youth and family wellness center. The director shall coordinate services provided to the facilities by other departments and agencies, to realize these policies and purposes.

(d) For purposes of this section, "youth at risk", "young adult at risk", and "young adult" have the same meaning as in section 352D-3. [L 1985, c 156, §3; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 1991, c 114, §3; am L 2007, c 33, §1; am L 2018, c 208, §3]
Haw. Rev. Stat. § 350-1.5 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.5
[ §350-1.
Status: in_force

[ §350-1.5] Authorization for color photographs, x-rays, and radiological or other diagnostic examination. (a) Any health professional or paraprofessional, physician licensed or authorized to practice medicine in this State, registered nurse or licensed practical nurse, hospital or similar institution's personnel engaged in the admission, examination, care, or treatment of patients, and any medical examiner, coroner, social worker, or police officer, who has before the person a child the person reasonably believes has been harmed, shall make every good faith effort to take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, such person may take or cause to be taken x-rays of the child or cause a radiological or other diagnostic examination to be performed on the child.

(b) Color photographs, x-rays, radiological, or other diagnostic examination reports that show evidence of imminent harm, harm, or threatened harm to a child shall immediately be forwarded to the department. [L 2010, c 135, pt of §3]
Haw. Rev. Stat. § 353-10.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-10.5
Intermediate sanctions; eligibility; criteria and conditions.
Status: in_force

(a) The department of corrections and rehabilitation shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration.

(b) Pretrial detainees may be considered for placement in alternative programs if they:

(1) Have been admitted to bail and are not charged with a non-probationable class A felony; and

(2) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.

(c) Sentenced offenders and other committed persons may be considered for placement in alternative programs as a condition of furlough or release, provided that the person is otherwise eligible for or has been granted furlough or release pursuant to section 353-8 or 353-17.

(d) As used in this section, "alternative programs" mean programs that are created and funded by legislative appropriation or federal grant naming the department of corrections and rehabilitation or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:

(1) Home detention, curfew, or both;

(2) Supervised release, graduated release, furlough, and structured educational or vocational programs;

(3) Similar programs created and designated as alternative programs by the legislature or the director of corrections and rehabilitation for inmates who do not pose significant risks to the community; and

(4) The use of electronic monitoring and surveillance. [L Sp 1995, c 25, §2; am L 2016, c 231, §60; am L 2017, c 74, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-2.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-2.5
Background checks.
Status: in_force

(a) The department shall develop procedures for obtaining verifiable information regarding the criminal history of any person who is employed or seeking employment, including a contractor and its employees or subcontractor and its employees if prior authority to access federal tax information has been provided by the United States Department of the Treasury, if the person will require access to federal tax information. The procedures shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department for the purpose of determining whether a person is suitable for accessing federal tax information in accordance with applicable federal laws.

(b) The department may terminate or deny employment to any current or prospective employee or terminate or refuse to secure the services of a contractor and its employees or subcontractor and its employees authorized under subsection (a), if the department finds by reason of the nature and circumstances of the background investigation conducted under subsection (a) that the current or prospective employee, contractor, contractor's employees, subcontractor, or subcontractor's employees pose a risk to the security of federal tax information. Termination or denial of employment or refusal to secure services under this subsection shall only occur after appropriate notification to the current or prospective employee, contractor, or subcontractor of the findings of the background investigation, and after the current or prospective employee, contractor, or subcontractor is given an opportunity to respond to the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the department.

(c) The department shall develop procedures for obtaining verifiable information regarding the criminal history, and information confirming the reputable and responsible character, of any current or prospective employee, volunteer, contractor, contractor's employee or volunteer, subcontractor, or subcontractor's employee or volunteer, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults who are receiving from the department:

(1) Child welfare services;

(2) Social services;

(3) Services intended to prevent abuse or neglect; or

(4) Services intended to assist youth aging out of foster care with obtaining and maintaining independent living skills.

(d) Any current or prospective employee, volunteer, contractor, contractor's employee or volunteer , subcontractor, or subcontractor's employee or volunteer, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults as described in subsection (c) shall:

(1) Be fingerprinted for purposes of a criminal history record check;

(2) Submit to a criminal history record check in accordance with section 846-2.7;

(3) Consent to the department obtaining other criminal history records for verification; and

(4) Consent to the department conducting searches of the state adult protective services central registry of reported cases established in section 346-224 and child abuse and neglect registry;

provided that a new department employee or volunteer shall be fingerprinted before beginning employment or volunteer work; provided further that the information obtained pursuant to this subsection and subsection (e) shall be used exclusively by the department to determine whether it is appropriate for the person to work in close proximity to minors, young adults, or vulnerable adults.

(e) The department may periodically obtain criminal history information on all persons who are subject to this section through the Hawaii criminal justice data center.

(f) The department may terminate or deny employment to a current or prospective employee or volunteer, or terminate or refuse to secure the services of a contractor or the contractor's employees or volunteers, or a subcontractor or the subcontractor's employees or volunteers, if the department finds, based on the results of the background investigation conducted pursuant to subsections (d) and (e), that the current or prospective employee, volunteer, contractor, contractor's employee or volunteer, subcontractor, or subcontractor's employee or volunteer may pose a risk to the health, safety, security, or well-being of minors, young adults, or vulnerable adults as described in subsection (c). Termination or denial of employment or termination or refusal to secure services under this subsection shall occur only after the department notifies the current or prospective employee, contractor, or subcontractor of the findings of the background investigation, and after the current or prospective employee, contractor, or subcontractor is given an opportunity to respond to the findings. Nothing in this subsection shall abrogate any applicable rights to appeal under chapters 76 and 89 or the administrative rules of the department.

(g) The department shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91.

(h) For purposes of this section:

"Vulnerable adult" has the same meaning as defined in section 346-222.

"Young adult" means a person between the ages of eighteen and twenty-one or a person authorized by the Foster Care Independence Act of 1999, P.L. 106-169, or other applicable law, regardless of age, to receive benefits and services aimed at assisting youth aging out of foster care in the United States in obtaining and maintaining independent living skills. [L 2017, c 132, §3; am L 2023, c 88, §3]
Haw. Rev. Stat. § 353-1.2 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-1.2
Director of corrections and rehabilitation; powers and duties.
Status: in_force

(a) The director shall be responsible for the formulation and implementation of state goals and objectives for correctional programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities. In the administration of these programs, the director may:

(1) Train, equip, maintain, and supervise correctional personnel and other employees of the department;

(2) Perform other duties as may be required by law;

(3) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of corrections; and

(4) Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department, including contracts for the custody and care of Hawaii inmates housed outside of the State.

(b) The department of corrections and rehabilitation shall report to the legislature not later than twenty days prior to the commencement of the regular session of 2024, and every session thereafter, with its achievements, continuing improvements, and ongoing problems in providing the appropriate mental health care to committed persons under its jurisdiction. [L 2022, c 278, pt of §18]
Haw. Rev. Stat. § 353-1.3 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-1.3
Deputy directors; appointment.
Status: in_force

The director shall appoint, without regard to chapter 76, three deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the correctional institutions of the department including prisons and jails within the State and any contracts for the custody and care of Hawaii inmates housed outside of the State, one deputy director shall oversee the rehabilitation services and programs of the department, and one deputy director shall oversee administration of the department.
Haw. Rev. Stat. § 346-17.6 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-17.6
Consent to no cost emergency shelter and related services.
Status: in_force

(a) A provider may provide no cost emergency shelter and related services to a consenting minor if the provider reasonably believes that:

(1) The minor understands the significant benefits, responsibilities, risks, and limits of the shelter and services and can communicate an informed consent;

(2) The minor understands the requirements and rules of the shelter and services; and

(3) The shelter and services are necessary to ensure the minor's safety and well-being;

and the provider has conducted an assessment and determined that the minor does not pose a danger to the minor's self or to other persons at the same location. If the provider determines that admitting the minor poses a danger, the provider shall report the matter to an appropriate agency.

(b) A minor may consent to no cost emergency shelter and related services if the minor understands the benefits, responsibilities, risks, and limits of the shelter and services, and the minor agrees to adhere to the provider's rules and cooperate and participate in those services recommended by the provider; provided that:

(1) The provider has not, despite reasonable efforts, been able to contact the minor's parent, legal guardian, or legal custodian;

(2) The provider has made contact with the minor's parent, legal guardian, or legal custodian, and the minor's parent, legal guardian, or legal custodian has refused to give consent and, based on the information available to the provider, the provider reasonably believes that the minor would incur harm, or would be subject to threatened harm, if the minor returned immediately to the home of the parent, legal guardian, or legal custodian; or

(3) The minor has refused to provide contact information for the minor's parent, legal guardian, or legal custodian, and the provider reasonably believes that the minor would incur harm, or would be subject to threatened harm, if the minor returned immediately to the home of the parent, legal guardian, or legal custodian.

(c) Any consent given by a minor under this section shall, for the duration of the period of shelter and with respect to all services, including medical services, be valid and binding as if the minor had reached the age of majority.

(d) The consent given under this section shall not be subject to later disaffirmance by reason of the minor's minority.

(e) [Repeal and reenactment on June 30, 2029. L 2024, c 145, §3.] Any provider who renders no cost emergency shelter and related services to a minor pursuant to subsections (a) and (b) and can demonstrate compliance with this section shall be immune from any civil or criminal liability based on the provider's determination to provide the shelter and related services; provided that if a provider's assessment and determination, or conduct in providing no cost emergency shelter and related services, is the result of the provider's gross negligence or wilful or wanton acts or omissions, the provider may be held liable for the provider's gross negligence or wilful or wanton acts or omissions.

(f) A provider who renders emergency shelter and related services to a minor shall document in writing the efforts made to contact the minor's parent, legal guardian, or legal custodian.

(g) The provider shall report any suspected child abuse or neglect to the department or the police department in accordance with section 350-1.1.

(h) [Repeal and reenactment on June 30, 2029. L 2024, c 145, §3.] For purposes of this section:

"Minor" means a person less than eighteen years of age.

"No cost emergency shelter and related services" means accommodation at no cost for a continuous period of no more than thirty days, unless extended for emergency purposes and in compliance with subsection (b), including beds, meals, individual showering facilities, transportation to and from the place of shelter, and any of the following services as deemed appropriate by the provider:

(1) Assistance with reunification with the family, legal guardian, or legal custodian of the minor;

(2) Referral to safe housing;

(3) Individual, family, and group counseling;

(4) Assistance in obtaining clothing;

(5) Access to medical and dental care, and mental health counseling;

(6) Education and employment services;

(7) Recreational activities;

(8) Case management, advocacy, and referral services;

(9) Independent living skills training; and

(10) Aftercare services, as those services are defined in title 45 Code of Federal Regulations section 1351.1.

"Provider" means any child placing organization, or child caring institution authorized by the department under section 346-17 to receive or place minor children for care and maintenance and to provide related services, health care, or supplies to these minors. "Provider" includes an organization that is not a child placing organization or child caring institution that:

(1) Conducts criminal history clearances, child abuse and neglect (CA/N) registry checks, background, employment, and any other checks as may be required by state or federal law on an annual basis for all employees and volunteers;

(2) Maintains separate sleeping areas for unrelated adults and minor children;

(3) Serves no more than five minor children per day;

(4) Keeps a current register of all minors admitted; and

(5) Coordinates with the department to provide shelter or other services for a minor child. [L 2011, c 179, §1; am L 2021, c 23, §§1, 3; am L 2024, c 145, §1]
Haw. Rev. Stat. § 346-247 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-247
Payment for service or treatment provided to a party.
Status: in_force

Whenever service, treatment, care, or support of a vulnerable adult is provided under this part, the persons or legal entities who may be legally obligated to pay for the service, treatment, care, or support of the vulnerable adult, may be ordered by the court to pay the cost of the service, care, support, or treatment provided to the vulnerable adult in whole or in part, after notice and hearing.
Haw. Rev. Stat. § 353-13.7 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.7
Initiation of proceeding for involuntary medical treatment.
Status: in_force

(a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment under section 353-13.6. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public and shall be filed in the circuit court of the circuit wherein the person who is the subject of the petition is in custody. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by an affidavit or declaration of the licensed physician or psychologist who has examined the person within five days prior to submission of the petition, unless the person whose treatment is sought has refused to submit to a medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The affidavit or declaration shall set forth the signs and symptoms relied upon by the physician or psychologist to determine whether the person is in need of treatment, whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment, and the recommended treatment. If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request such further evaluation.

(b) If the person has been given an examination, evaluation, or treatment in a psychiatric facility or by the department within five days before the filing of the petition, and treatment is recommended by the staff of the facility or the department, the petition may be accompanied by an affidavit or declaration of the department's medical director or the mental health administrator in lieu of a physician's or psychologist's affidavit or declaration . [L 2011, c 72, pt of §2 ; am L 2016, c 35, §2 ]
Haw. Rev. Stat. § 346-69 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-69
Welfare safety net program; department of human services.
Status: in_force

The department of human services may create a welfare safety net program entitled "Keeping Hope Alive" to assist working families that will be disqualified from receiving further public assistance as a consequence of reaching the five-year time limit set by the federal Personal Responsibility and Work Opportunity [Reconciliation] Act of 1996.
Haw. Rev. Stat. § 346-64.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-64.5
Eligibility for chore services.
Status: in_force

(a) An applicant for chore services shall be eligible when the applicant meets program requirements for chore services and income eligibility standards as established by the department of human services. Income eligibility standards shall include individuals who have been found eligible for medical assistance under the department's medicaid program.

(b) For the purposes of this section, "chore services" means essential housecleaning and related activities such as marketing, cooking, and cleaning. [L 1988, c 208, §1]
Haw. Rev. Stat. § 353-13.9 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.9
Hearing on petition.
Status: in_force

(a) The court may adjourn or continue a hearing for failure to timely notify either the person's legal guardian or emergency contact listed while in the custody of the department, or other person determined by the court to be entitled to notice, or for failure by the person who is the subject of the petition to contact an attorney as provided in section 353-13.8, if the court determines that an adjournment or continuance is in the interest of justice.

(b) Unless the hearing is waived, the court shall hear the petition as soon as possible and no later than ten days after the date the petition is filed unless a reasonable delay is sought for good cause shown by the person who is the subject of the petition, the person's attorney, the petitioner, the guardian or guardian ad litem, or those persons entitled to receive notice of the hearing under section 353-13.8.

(c) The person who is the subject of the petition shall be present at all hearings unless the person waives the right to be present, is unable to attend, or creates conditions that make it impossible to conduct the hearing in a reasonable manner as determined by the court. A waiver is valid only upon acceptance by the court following a judicial determination that the person understands the person's rights and is competent to waive them, or is unable to participate. At any point during the proceedings and after the filing of the petition, the court may appoint a guardian ad litem or a temporary guardian, as provided in article V of chapter 560, to represent the person throughout the proceedings, if the court finds that the person is unable to participate or that other good cause exists.

(d) Hearings may be held at a convenient location within the circuit where the person who is the subject of the petition resides or any other circuit deemed appropriate by the court. The person or any interested person may request a hearing in another circuit because of convenience to the parties, witnesses, or the court, or because of the person's mental or physical condition.

(e) The attorney general, the attorney general's deputy, special deputy, or appointee shall present the case for hearings convened under this section.

(f) Counsel for the person who is the subject of the petition shall be allowed adequate time for investigation of the matters at issue and for preparation, and shall be permitted to present evidence that the counsel believes necessary to a proper disposition of the proceedings.

(g) No person who is the subject of the petition shall be found to require care or treatment unless at least one physician or psychologist who has personally examined or attempted to examine the person testifies in person at the hearing. This testimony may be waived by the person. If the subject has refused to be examined by a licensed physician or psychologist, the person may be examined by a court-appointed licensed physician or psychologist. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, the person's refusal shall be treated as a denial that the person is in need of involuntary medical treatment. Nothing in this section shall limit the person's privilege against self-incrimination.

(h) The person who is the subject of the petition in a hearing under this section has the right to secure an independent medical or psychological evaluation at the person's own expense and present evidence thereon.

(i) If the court finds that the criteria for involuntary medical treatment under section 353-13.6 have been met by clear and convincing evidence, the court may issue an order to authorize the department to involuntarily medically treat the person for a period of up to one year unless the person is sooner released or sooner determined to no longer be in need of treatment. If so specified by the court, however, the order may remain in effect if the person who is the subject of the petition is released but returns to custody during the maximum period of the order, if the underlying criminal case is still active or the sentence has not been fully served, unless the person is sooner determined to no longer be in need of treatment.

(j) The court may find that the person who is the subject of the petition is an incapacitated or protected person, or both, under article V of chapter 560, and may appoint a guardian or conservator, or both, for the person under the terms and conditions as the court shall determine.

(k) Prior to the expiration of an existing involuntary treatment order, the department may move for an extension of the order for a period of up to one year. An extension may be ordered by the court upon a showing that the subject of the order continues to meet the criteria set forth in section 353-13.6. Any extension request shall follow the notice requirements set forth in section 353-13.8. [L 2011, c 72, pt of §2 ; am L 2016, c 35, §4 ]
Haw. Rev. Stat. § 346-29.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-29.5
Real property liens.
Status: in_force

(a) The department of human services may require of any person applying for or currently receiving assistance under the department's programs, including but not limited to social service payments, financial assistance, medical assistance, and food stamps, who owns or has any interest in real property, that the person shall enter into an agreement with the department that future grants of assistance shall be and constitute a lien against the interest in real property, and shall remain a lien until satisfied and discharged, with the exception of home property lived on by the assistance household.

(b) The department may also place a lien against the real property of any recipient receiving medical assistance who is an inpatient in a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution, after a state determination, pursuant to notice and hearing requirements of chapter 91, that the recipient cannot reasonably be expected to be discharged from the medical institution and returned home. The written notice of lien shall be accompanied by 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, and shall be provided 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 to be valid. There is a rebuttable presumption that the recipient cannot reasonably be expected to be discharged from the facility and return home if the recipient or a representative of the recipient declares that there is no intent to return home or if the recipient has been institutionalized for six months or longer without a discharge plan.

(1) The department may not place a lien on the recipient's home if the recipient's:

(A) Spouse;

(B) Minor, blind, or disabled child; or

(C) Sibling who has an equity interest in the home and who was residing in the home for a period of at least one year immediately before the date of the recipient's admission to the medical institution;

is lawfully residing in the home.

(2) The department shall not recover funds from the lien on the recipient's home when:

(A) A sibling who was residing in the home for a period of at least one year immediately before the date of the recipient's admission to the medical institution; or

(B) A son or daughter who was residing in the recipient's home for a period of at least two years immediately before the date of the recipient's admission to the medical institution, and who establishes to the satisfaction of the State that he or she provided care to the recipient that permitted the recipient to reside at home rather than in an institution;

lawfully resides in the home and has lawfully resided in the home on a continuous basis since the date of the recipient's admission to the medical institution.

(3) The department also shall not recover funds from the lien if the recipient has a surviving spouse; or surviving minor, blind, or disabled child.

(4) Any lien imposed with respect to this subsection shall be dissolved upon the individual's discharge from the medical institution and return home.

(c) The agreement in subsection (a) or the lien in subsection (b) shall be recorded in the bureau of conveyances, or filed in the office of the assistant registrar of the land court. When the agreement or lien is recorded in the bureau of conveyances, the registrar shall forthwith cause the same to be indexed in the general indexes of the bureau of conveyances. From and after the recording in the bureau of conveyances the liens shall attach to all interests in real property then owned by the person and not registered in the land court, and from and after the filing thereof in the office of the assistant registrar of the land court, the liens shall attach to any such interest in land then registered therein. The liens shall be for all amounts of assistance, unless otherwise provided by rules adopted pursuant to chapter 91, then or thereafter paid in accordance with the programs from which the person receives assistance. The department shall be obligated to annually update, as an accounting measure, the actual amount of the liens recorded in the bureau of conveyances.

(d) The department shall issue certificates of release or partial release upon satisfaction or partial satisfaction of the liens. Certificates of release or partial release of any real property lien issued by the director or the director's authorized representative shall be recorded in the bureau of conveyances. The director shall consider issuing conditional certificates of release in cases of extreme hardship as set out in rules adopted under chapter 91. The registrar shall forthwith cause the same to be indexed in the general indexes in a like manner as the original liens. No fee shall be charged for any of the recording. The liens herein provided for shall take priority over any other lien subsequently acquired or recorded except tax liens and except that, in the estate of a beneficiary, the actual funeral expenses, the expenses of the last sickness, the cost of administration of the estate, and any allowance made to the surviving spouse and children for their support during administration of the estate, shall have priority and preference over the liens herein imposed, and over any claim against an estate filed under section 346-37.

The liens shall be enforceable by the department by suit in the appropriate court or shall be enforceable as a claim against the estate of the recipient under section 346-37, having priority over all other debts except taxes, the actual funeral expenses, the expenses of last sickness, the cost of administration of the estate, and any allowance made to the surviving spouse and children for their support during administration of the estate.

The liens shall be enforceable as a claim under section 346-37 against the estate of a recipient under any circumstances if the estate is admitted to probate at the instance of any interested party.

Whenever the department is satisfied that the collection of the amount of assistance paid a recipient will not be jeopardized or that the release or waiver of the priority of the liens against the recipient's property, in whole or in part, is necessary to provide for the maintenance or support of the recipient, the recipient's spouse, or any minor or incapacitated child, it may release or waive the priority of the liens with respect to all or any part of the real property.

The recipient, the recipient's heirs, personal representatives, or assigns may discharge the liens at any time by paying the amount thereof to the department which shall execute a satisfaction thereof. The department may at its discretion compromise the collection of any such liens, but such compromise shall be made only when the recipient, the recipient's heirs, personal representatives, or assigns prove that the collection of the full amount of the liens or claim would cause undue hardship or the liens or claim are otherwise uncollectible.

The proceeds from the enforcement, payment, or compromise of the liens shall be paid into the treasury of the State. If the amount of assistance reflected by the proceeds was paid in part by federal funds, the proper portion of these funds shall be paid by the director of finance to the treasury of the United States. The director of finance shall thereupon report such payment to the department. If the federal funds are not paid directly into the treasury of the United States, these federal funds shall be credited by the director of finance to the department for expenditure for assistance without need for further appropriation.

If at any time the federal government, or any agency or instrumentality thereof, requires, as a condition to any grant of assistance, the performance of conditions inconsistent with this section, or desisting from actions provided by this section, the governor may suspend, upon a finding to that effect and to the extent of such requirement, any provisions of this section to the end that such federal assistance may be received.

The department shall submit an annual report to the legislature, which shall include a list of liens held by the department on real property. This report shall include but not be limited to a description of the value of the liens, the legal status of the liens, and when the liens were initiated.

The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 1980, c 16, §1; gen ch 1985; am L 1987, c 339, §4; am L 1988, c 82, §1; am L 1994, c 187, §2; am L 1997, c 65, §1; am L 2001, c 150, §2; am L 2011, c 220, §11; am L 2012, c 211, §3]
Haw. Rev. Stat. § 351-85 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-85
Collection, special accounts to be interest bearing.
Status: in_force

All moneys deposited into the collection account or special account under this part shall be deposited into federally-insured interest-bearing accounts.
Haw. Rev. Stat. § 352-3 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-3
Contracting with private agencies for residential youth facilities.
Status: in_force

The department may contract with private agencies to provide residential youth facilities.
Haw. Rev. Stat. § 346-65 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-65
Child abuse and neglect discretionary emergency assistance.
Status: in_force

(a) The department may grant funds to a family for child abuse and neglect discretionary emergency assistance in accordance with this section. The purpose of these grants is to assist children and families when an emergency situation arises or is imminent which may cause child abuse or neglect or has caused children and families to need assistance from the department pursuant to chapter 587A, and the financial assistance may prevent the abuse or neglect, prevent the removal of a child from a family, or would meet the immediate needs of a child who has been removed from a family.

(b) Emergency assistance shall be authorized when:

(1) A situation arises or is imminent which presents an immediate or imminent threat of child abuse or neglect or has caused children and families to need assistance from the department pursuant to chapter 587A;

(2) The family is eligible for public assistance or has no available financial resources;

(3) Financial assistance may eliminate or alleviate the situation and remove the immediate or imminent threat of child abuse or neglect; and

(4) No other financial resources are available from within the family or from other public or private source which could be used to eliminate or alleviate the situation.

(c) Emergency assistance may be used for shelter, respite child care, clothing, transportation, medical costs, utilities, food, repairs, essential equipment, and other goods or services which in the discretion of the department are necessary to eliminate or alleviate the emergency situation.

(d) A family shall not be granted more than $1,000 in emergency assistance during one fiscal year; except that under an exceptional situation as determined by the director, a family may be granted not more than $2,000 during one fiscal year.

(e) For the purposes of this chapter only, emergency assistance shall not be considered income to the head of household or family nor as part of the family's assistance allowance. [L 1986, c 160, §1; am L 1988, c 327, §4; am L 2010, c 135, §7]
Haw. Rev. Stat. § 368-13 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-13
Investigation and conciliation of complaint.
Status: in_force

(a) After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission's executive director shall make an investigation in connection therewith. At any time after the filing of a complaint but prior to the issuance of a determination as to whether there is or is not reasonable cause to believe that part I of chapter 489, chapter 515, part I of chapter 378, or this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.

(b) The executive director shall issue a determination of whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred within one-hundred and eighty days from the date of filing a complaint unless the commission grants an extension of time to issue a determination.

(c) If the executive director makes a determination that there is no reasonable cause to believe that an unlawful discriminatory practice has occurred in a complaint filed, the executive director shall promptly notify the parties in writing. The notice to complainant shall indicate also that the complainant may bring a civil action as provided under section 368-12.

(d) When the executive director determines after the investigation that there is reasonable cause to believe that an unlawful discriminatory practice within the commission's jurisdiction has been committed, the executive director shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion.

(e) Where the executive director has determined that there is reasonable cause to believe that an unlawful discriminatory practice has occurred and has been unable to secure from the respondent a conciliation agreement acceptable to the commission within one-hundred and eighty days of the filing of the complaint unless the commission has granted an extension of time, the executive director shall demand that the respondent cease the unlawful discriminatory practice. The executive director's determination that a final conciliation demand is to be made shall be subject to reconsideration by the commission on its own initiative but shall not be subject to judicial review. The executive director may demand appropriate affirmative action as, in the judgment of the executive director, will effectuate the purpose of this chapter, and include a requirement for reporting on the manner of compliance. [L 1989, c 386, pt of §1; am L 1991, c 252, §4; am L 2001, c 55, §17(4)]
Haw. Rev. Stat. § 353C-3 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-3
Deputy directors; appointment.
Status: in_force

The director shall appoint, without regard to chapter 76, two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the law enforcement programs of the department, and one deputy director shall oversee administration of the department.
Haw. Rev. Stat. § 348-5 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-5
Federal employees.
Status: in_force

Rehabilitation services provided under the state plan shall be available to any civil employee of the United States disabled while in the performance of the employee's duty, on the same terms and conditions as apply to other persons.
Haw. Rev. Stat. § 346-227 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-227
Investigation.
Status: in_force

Upon receiving a report that abuse of a vulnerable adult has occurred or is in danger of occurring if immediate action is not taken, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriate.
Haw. Rev. Stat. § 352D-4 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-4
Establishment; purpose.
Status: in_force

There is established within the department of human services for administrative purposes only the office of youth services. The office of youth services is established to provide services and programs for youth at risk under one umbrella agency in order to facilitate optimum service delivery, to prevent delinquency, and to reduce the incidence of recidivism among juveniles through the provision of prevention, rehabilitation, and treatment services. The office shall also be responsible for program planning and development, intake/assessment, oversight, as well as consultation, technical assistance, and staff training relating to the delivery of services.

The office shall provide a continuum of services as follows:

(1) An integrated intake/assessment and case management system;

(2) The necessary educational, vocational, social counseling and mental health services; provided that the department of education shall be the only provider of standards-based education services for all youth at risk and young adults identified with special education needs or actively receiving special education services, in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and all applicable federal and state educational requirements;

(3) Community-based shelter and residential facilities;

(4) Oversight of youth services; and

(5) Other programs that encourage the development of positive self-images and useful skills in youth.

The executive director of the office of youth services shall submit annual reports to the legislature no later than twenty days prior to the convening of each regular session, reporting the services or programs funded pursuant to this section, the number of youth served by each service or program, and the results of the services or programs funded.

To this end, on July 1, 1991, this office shall assume the responsibilities for juvenile corrections functions, which were temporarily placed in the department of corrections pursuant to Act 338, Session Laws of Hawaii 1987. These functions shall include but not be limited to all responsibilities, under chapter 352, for the Hawaii youth correctional facilities. [L 1989, c 375, pt of §1; am L 2014, c 201, §5; am L 2018, c 208, §5; am L 2019, c 111, §14]
Haw. Rev. Stat. § 350B-1 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-1
Definitions.
Status: in_force

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

"Advisory committee" means the component of the Hawaii children's trust fund coalition that serves in an advisory capacity to the trust fund and the department of health.

"Board" means the Hawaii children's trust fund advisory board.

"Child abuse and neglect" has the same meaning as "child abuse or neglect" as defined in section 350-1.

"Coalition" means the Hawaii children's trust fund coalition.

"Primary prevention" means efforts targeting the general population designed to promote the general welfare of children and families prior to any occurrence of abuse or neglect.

"Secondary prevention" means efforts targeting children and families that are considered, because of their life situations, to be at risk of abuse or neglect.

"Trust fund" or "fund" means the Hawaii children's trust fund. [L 1993, c 336, pt of §2]
Haw. Rev. Stat. § 350C-2 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-2
Definitions.
Status: in_force

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

"Adoption assistance" means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to this chapter.

"Adoption assistance state" means the state that is a signatory to an adoption assistance agreement in a particular case.

"Child" means a person less than eighteen years of age, or a person less than twenty-one years of age who has mental or physical handicaps that warrant the continuation of assistance beyond the age of eighteen.

"Child with special needs" means a child for whom the department has determined that:

(1) The child cannot or should not be returned to the parent's home;

(2) There exists a specific factor or condition, including but not limited to, ethnic background, age, membership in a minority or sibling group, or physical, emotional or mental handicaps, which make it likely that the child could not be placed with adoptive parents without providing adoption assistance; and

(3) A reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance, provided that no attempt need be made when it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child.

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

"Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.

"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States. [L 1986, c 110, pt of §1; am L 1987, c 339, §4]
Haw. Rev. Stat. § 347-10 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-10
Donations and examinations for sight conservation.
Status: in_force

(a) Donations. The department of human services in its sight conservation program may accept and expend or distribute donations, eye glasses, and other services for sight conservation and for assistance to blind and visually handicapped persons; provided that any donations of money so received shall be deposited in the state treasury and disbursed therefrom for such purposes pursuant to this chapter.

(b) Cause and prevention of blindness, examinations. The department of human services, in consultation and cooperation with the department of health, shall make investigation of the causes of blindness, learn what proportion of the cases are preventible, and inaugurate and cooperate in any such preventive measures as may seem advisable for the State. They, or either of them, may arrange for the examination of the eyes of the individual blind or visually handicapped persons and may provide or secure medical and surgical treatment of such persons whenever, in its judgment, the sight of the persons may be benefited thereby. [L 1941, c 296, pt of §1; RL 1945, §4862, ren §4877; am L 1945, c 113, §5; RL 1955, §109-11; am L 1959, c 129, §1 and c 246, §8; am L 1965, c 246, §4; HRS §347-10; am L 1970, c 105, §5; am L 1987, c 339, §4]
Haw. Rev. Stat. § 347-4 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-4
Vocational rehabilitation of blind.
Status: in_force

The department of human services shall provide vocational rehabilitation for blind and visually handicapped persons in accordance with the provisions of the federal Vocational Rehabilitation Act and the Randolph-Sheppard Act and in accordance with chapter 348, to the extent permitted by the amount appropriated, funds available from the federal government, and other donations, and grants.
Haw. Rev. Stat. § 356D-45 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-45
State low-income housing revolving fund.
Status: in_force

There is established a revolving fund to be known as the state low-income housing revolving fund. Notwithstanding any law to the contrary, moneys received by the authority under or pursuant to this subpart, including refunds, reimbursements, rentals, fees, and charges received from tenants, shall be deposited in the state low-income housing revolving fund. Except as otherwise provided in this chapter, the state low-income housing revolving fund may be expended by the authority for any and all of the purposes of this subpart, including without prejudice to the generality of the foregoing, the expenses of management, operation, and maintenance of state low-income housing projects, including but not limited to:

(1) The cost of insurance, a proportionate share of the administrative expenses of the authority, and the cost of repairs, equipment, and improvement;

(2) The acquisition, clearance, and improvement of property;

(3) The construction and reconstruction of building sites;

(4) The construction, reconstruction, repair, remodeling, extension, equipment, and furnishing of any state low-income housing project;

(5) Administration and other expenses;

(6) The payment of rentals; and

(7) The development and administration of any state low-income housing project. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 352-11 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-11
Commitments directed, how.
Status: in_force

All commitments from the family courts of the State shall be directed to the director and may specify the appropriate facility for placement purposes. The committing court or judge shall designate a juvenile probation officer, police officer, or any qualified person to deliver the committed person to a youth correctional facility. The officer or person designated to deliver the committed person to the designated facility shall be charged by such commitment with the execution of all orders for the custody and safekeeping of the person committed to the director until delivered to the director or the director's duly authorized agent. All direct expenses excluding salaries or wages attending the delivery of such committed persons to their places of destination shall be paid by the court. The director shall be charged by such commitments with the execution of all orders for the custody, placement, and safekeeping of the committed persons.
Haw. Rev. Stat. § 348F-5 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-5
Staff.
Status: in_force

The board may hire an executive director, who may hire staff to assist in the performance of the board's duties. The staff shall be hired without regard to chapter 76; provided that the executive director and staff shall be eligible for participation in state employee benefit plans.
Haw. Rev. Stat. § 346-145 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-145
Transportation assistance.
Status: in_force

The director shall adopt rules under chapter 91 to determine the transportation and administrative costs which are required for the return of a qualified person to the qualified person's homeland. The amount of such costs shall be considered the transportation assistance.
Haw. Rev. Stat. § 346-182 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-182
Preschool open doors special fund.
Status: in_force

(a) There is established within the state treasury the preschool open doors special fund, to be administered by the department's child care assistance program, into which shall be deposited all moneys received by the department's child care assistance program in the form of:

(1) Fees;

(2) Grants;

(3) Donations;

(4) Appropriations made by the legislature to the fund;

(5) Revenues regardless of their source; and

(6) Earnings on moneys in the fund.

Moneys in the fund shall be used for the procurement of health and human services under the preschool open doors program. Expenditures from the fund may be made by the department without allotment but shall not be made for capital improvement projects.

(b) The department shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the sources of moneys deposited into the fund and expenditures of moneys in the fund. [L 2020, c 46, pt of §7; am L 2022, c 128, §2]
Haw. Rev. Stat. § 356D-23 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-23
Trustee; designation, duties.
Status: in_force

(a) The authority may designate a trustee for each issue of bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance.

(b) The trustee shall be authorized by the authority to receive and receipt for, hold, and administer the proceeds of the bonds, and to apply the proceeds to the purposes for which the bonds are issued.

(c) The trustee shall also be authorized by the authority to receive and receipt for, hold, and administer the revenues derived by the authority from any housing project or projects for which the bonds are issued or the projects pledged to the payment of the bonds, and to apply the revenues to the payment of the cost of administering, operating, and maintaining the housing project or projects, to pay the principal of and the interest on the bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the bonds.

(d) Notwithstanding section 39-68, the director of finance may appoint the trustee to serve as fiscal agent for:

(1) The payment of the principal of and interest on the bonds; and

(2) The purchase, registration, transfer, exchange, and redemption of the bonds.

(e) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the bonds and coupons, if any, that have been paid and the supervision of their destruction in accordance with law.

(f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36‑3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 2006, c 180, pt of §2; am L 2016, c 42, §10; am L 2025, c 89, §10]
Haw. Rev. Stat. § 352-9 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-9
Period committed.
Status: reserved

(a) All persons committed to the Hawaii youth correctional facilities shall be committed for the period of their minority or as otherwise ordered by the court. Such persons may be placed on furlough or parole if deemed appropriate. The power to discharge a person committed to a youth correctional facility is reserved to the director; provided that the director shall give a thirty-day notice of such intended discharge to the appropriate court and to the prosecutor's office of the appropriate county. Prior court approval for furlough, parole, or discharge of all minors, committed by the family court to a youth correctional facility for the period of their minority or otherwise, shall be obtained when such is specifically required in the commitment order. In any case, no person nineteen years or older shall be incarcerated in a youth correctional facility.

(b) In those cases where the term of commitment to a youth correctional facility extends beyond the person's nineteenth birthday, the person shall be placed on juvenile parole pursuant to the original family court order for the balance of the person's term of commitment; provided that such term does not extend beyond the person's twentieth birthday unless earlier terminated. [L 1980, c 303, pt of §8(1); am L 1990, c 92, §1; am L 1997, c 325, §1; am L 1998, c 190, §1]
Haw. Rev. Stat. § 346-19.6 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-19.6
REPEALED.
Status: in_force

L 2003, c 95, §9(3).
Haw. Rev. Stat. § 353H-3 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-3
Offender reentry system plan; creation.
Status: in_force

(a) The department of corrections and rehabilitation shall develop a comprehensive and effective offender reentry system plan for adult offenders exiting the prison system.

(b) The department of corrections and rehabilitation shall develop comprehensive reentry plans and curricula for individuals exiting correctional facilities in order to reduce recidivism and increase a person's successful reentry into the community. The reentry plans shall include, but not be limited to:

(1) Adopting an operational philosophy that considers that offender reentry begins on the day an offender enters the correctional system. Each offender entering the system shall be assessed to determine the offender's needs in order to assist the individual offender with developing the skills necessary to be successful in the community;

(2) Providing appropriate programs, including, but not limited to, education, substance abuse treatment, cognitive skills development, vocational and employment training, and other programs that help to meet the assessed needs of each individual;

(3) Developing a comprehensive network of transitional programs to address the needs of individuals exiting the correctional system;

(4) Ensuring that all reentry programs are gender-responsive;

(5) Issuing requests for proposals from community-based nonprofit programs with experience with offenders in the area of reentry; and

(6) Instituting model reentry programs for adult offenders. [L Sp 2007, c 8, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-14 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-14
Duties generally.
Status: in_force

Except as otherwise provided by law, the department of human services shall:

(1) Establish and administer programs and standards, and adopt rules as deemed necessary for all public assistance programs;

(2) Establish, extend, and strengthen services for the protection and care of abused or neglected children and children in danger of becoming delinquent to make paramount the safety and health of children who have been harmed or are in life circumstances that threaten harm;

(3) Establish and administer programs, and adopt rules as deemed necessary, for the prevention of domestic and sexual violence and the protection and treatment of victims of domestic and sexual violence;

(4) Assist in preventing family breakdown;

(5) Place, or cooperate in placing, abused or neglected children in suitable private homes or institutions and place, or cooperate in placing, children in suitable adoptive homes;

(6) Have authority to establish, maintain, and operate receiving homes for the temporary care and custody of abused or neglected children until suitable plans are made for their care; and accept from the police and other agencies, for temporary care and custody, any abused or neglected child until satisfactory plans are made for the child;

(7) Administer the medical assistance programs for eligible public welfare and other medically needy individuals by establishing standards, eligibility, and health care participation rules, payment methodologies, reimbursement allowances, systems to monitor recipient and provider compliance, and assuring compliance with federal requirements to maximize federal financial participation;

(8) Cooperate with the federal government in carrying out the purposes of the Social Security Act and in other matters of mutual concern pertaining to public welfare, public assistance, and child welfare services, including the making of reports, the adoption of methods of administration, and the making of rules as are found by the federal government, or any properly constituted authority thereunder, to be necessary or desirable for the efficient operation of the plans for public welfare, assistance, and child welfare services or as may be necessary or desirable for the receipt of financial assistance from the federal government;

(9) Carry on research and compile statistics relative to public and private welfare activities throughout the State, including those dealing with dependence, defectiveness, delinquency, and related problems;

(10) Develop plans in cooperation with other public and private agencies for the prevention and treatment of conditions giving rise to public welfare problems;

(11) Adopt rules governing the procedure in hearings, investigations, recording, registration, determination of allowances, and accounting and conduct other activities as may be necessary or proper to carry out this chapter;

(12) Supervise or administer any other activities authorized or required by this chapter, including the development of the staff of the department through in-service training and educational leave to attend schools and other appropriate measures, and any other activities placed under the jurisdiction of the department by any other law;

(13) Make, prescribe, and enforce policies and rules governing the activities provided for in section 346-31 it deems advisable, including the allocation of moneys available for assistance to persons assigned to work projects among the several counties or to particular projects where the apportionment has not been made pursuant to other provisions of law, if any, governing expenditures of the funds;

(14) Determine the appropriate level for the Hawaii security net, by developing a tracking and monitoring system to determine what segments of the population are not able to afford the basic necessities of life, and advise the legislature annually regarding the resources required to maintain the security net at the appropriate level;

(15) Subject to the appropriation of state funds and availability of federal matching assistance, expand optional health care to low-income persons as follows:

(A) Pregnant women and infants under one year of age living in families with incomes up to one hundred eighty-five per cent of the federal poverty level and without any asset restrictions;

(B) Children under six years of age living in families with incomes up to one hundred thirty-three per cent of the federal poverty level and without any asset restrictions;

(C) Older children to the extent permitted under optional federal medicaid rules;

(D) Elder persons;

(E) Aliens;

(F) The homeless; and

(G) Other handicapped and medically needy persons; and

(16) Subject to the appropriation of state funds and availability of federal matching assistance, establish the income eligibility level for the medically needy program at one hundred thirty-three per cent of the assistance allowance. [L 1941, c 296, pt of §1; am L 1943, c 213, pt of §1; RL 1945, §4827; am L 1945, cc 113, 157, §1; am L 1953, c 153, §3; RL 1955, §108-7; am L 1961, c 128, §6; HRS §346-14; am L 1970, c 104, §1 and c 105, §5; am L 1971, c 20, §1; am L 1978, c 107, §5; am L 1979, c 11, §1; am L 1983, c 297, §2; am L 1987, c 339, §3; am L 1988, c 296, §1; am L 1989, c 393, §2; am L 1990, c 67, §8 and c 202, §4; am L 1996, c 167, §1; am L 1998, c 92, §2]
Haw. Rev. Stat. § 356D-6 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-6
Nomination of resident board member.
Status: in_force

(a) If a vacancy occurs for the resident member seat on the board, the resident advisory board shall compile a list of no less than three but no more than five individuals for the governor's consideration for appointment to the board; provided the nominees to the board shall be:

(1) Participants who are directly assisted by the authority under the federal public housing or section8 tenant-based programs and who need not be members of the resident advisory board;

(2) At least eighteen years of age; and

(3) Authorized members of the assisted household.

(b) Any individual satisfying the requirements of subsection (a) may also submit that individual's name for the governor's consideration for appointment to the board of directors. [L 2006, c 180, pt of §2; am L 2012, c 19, §2]
Haw. Rev. Stat. § 352-16 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-16
Establishment of work release.
Status: in_force

(a) The director, in accordance with rules and regulations adopted by the director, may establish a work release plan for persons who are committed to the director's care and who are receiving care and treatment in a youth correctional facility; provided that such a plan shall not interfere with any educational program in which such persons may be enrolled.

(b) Under such a work release plan, any such person may be authorized to secure or continue in suitable employment outside of such youth correctional facility, and unless otherwise authorized by the department with respect to specific cases, return to and remain in such facility during non-working hours.

(c) Employment under such a work release plan may be at a wage less than the minimum wage authorized in chapter 387; provided that no more than five hours of a person's workweek shall be paid at wages less than the minimum wage.

(d) It shall be the duty of the employer of a person participating in a work release plan to transmit to the director the earnings of such persons. The transmission to the director of the earnings of such person shall operate to discharge such employer from any further obligation to such person except with respect to any taxes lawfully withheld from the wages of such person.

(e) The earnings transmitted to the director by a person's employer under a work release plan shall be held to the account of such person. [L 1980, c 303, pt of §8(1); am L 1981, c 224, §1]
Haw. Rev. Stat. § 347-20 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-20
Legislative findings.
Status: in_force

[§347-20 Legislative findings.] The legislature finds that it is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment. The legislature also finds that the blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places. The legislature declares that it is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the state service, in the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
Haw. Rev. Stat. § 352-31 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-31
Costs.
Status: in_force

All costs incurred under section 352-28 shall be paid by the director out of any funds appropriated for the Hawaii youth correctional facilities.
Haw. Rev. Stat. § 350E-9 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-9
Executive head.
Status: in_force

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor may appoint a compact administrator in accordance with the terms of Article VII.
Haw. Rev. Stat. § 351-33 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-33
Award of compensation.
Status: in_force

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

(1) Expenses actually and reasonably incurred during the period of the injury or death of the victim;

(2) Loss to the victim of earning power as a result of total or partial incapacity;

(3) Pecuniary loss to the dependents of the deceased victim;

(4) Pain and suffering to the victim;

(5) Any other pecuniary loss directly resulting from the injury or death of the victim that the commission determines to be reasonable and proper;

(6) Expenses actually and reasonably incurred for mental health services in the case of a mass casualty incident;

(7) Expenses actually and reasonably incurred for mental health services to or for the benefit of the surviving relatives in the case of a deceased victim; and

(8) Expenses actually and reasonably incurred for mental health services for a child witness in the case of a crime of abuse of family or household member. [L 1967, c 226, pt of §1; HRS §351-33; am L 1995, c 182, §4; am L 1998, c 240, §5; am L 2000, c 57, §5; am L 2019, c 237, §2]
Haw. Rev. Stat. § 353H-5 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-5
Children of incarcerated parents; families.
Status: in_force

The director of corrections and rehabilitation shall:

(1) Establish policies or rules that parent inmates be placed in correctional facilities, consistent with public safety and inmate security, in the best interest of the family, rather than on economic or administrative factors;

(2) Consider as a factor an offender's capacity to maintain parent-child contact when making prison placements of offenders;

(3) Conduct, coordinate, or promote research that examines the impact of a parent's incarceration on the well-being of the offender's child that shall include both direct contact with an offender's child, as well as reports of caregivers; and

(4) Conduct, coordinate, or promote research that focuses on the relationship of incarcerated fathers with their children and the long-term impact of incarceration on fathers and their children. [L Sp 2007, c 8, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 356D-64 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-64
Eviction.
Status: in_force

(a) If the eviction board finds cause to terminate a lease, rental agreement, permit, or license and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy. The written notice shall inform the tenant that a writ of possession may be issued by the authority within ten business days. The written notice shall also inform the tenant whether the grounds for eviction are curable and, if so, specify the methods to remedy the grounds, timeframe for completion, and documentation required to prove to the authority that the grounds have been remedied.

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

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

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

(e) Upon eviction, the household goods and personal effects of the tenant against whom the order is entered, and those of any persons using the premises incident to the tenant's holding, may be removed from the premises and stored by the authority. If the action is taken, the authority shall have a lien on the property taken for the expenses incurred by the authority in moving and storing the property, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days. [L 2018, c 204, pt of §1]
Haw. Rev. Stat. § 346-363 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-363
Exception to liability for donors.
Status: in_force

(a) Any donor who gives money to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation.

(b) Any donor who gives land and improvements, or who leases land and improvements at a nominal consideration, to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation, except as may result from the donor's gross negligence or wanton acts or omissions; provided that if the donor at the time of donation gave the department a full disclosure of all the dangers concerning the land and improvements known to the donor, the donor shall not be liable for any civil damages resulting from the donation.

(c) Any donor who, in good faith and without remuneration or expectation of remuneration, provides services or materials used to build and construct a facility for the homeless, or who renovates, repairs, or maintains an existing or acquired facility for the homeless, or who provides shelter to homeless persons, shall not be liable for any civil damages resulting from the donor's acts or omissions, except for damages resulting from the donor's gross negligence relating to the donation.

(d) The department shall be responsible for inspecting, reviewing, analyzing, qualifying, and determining that the land, structures, materials, or services donated to the department for use by the department in facilities for the homeless are reasonably safe for public use. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 350B-3 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-3
Receipt of funds.
Status: in_force

The fund may accept contributions, grants, or gifts from corporations or other businesses, foundations, government, individuals, and other interested parties.
Haw. Rev. Stat. § 349-14.1 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-14.1
[ §349-14.
Status: in_force

[ §349-14.1] The Hawaii state health insurance assistance program; annual report. The executive office on aging shall submit to the legislature a progress report on the Hawaii state health insurance assistance program no later than twenty days prior to the convening of each regular session. The report shall include but not be limited to:

(1) The number of persons in the State's medicare population served by outreach programs;

(2) The number of previously uninsured persons who received assistance with enrollment in medical or prescription drug coverage; and

(3) The number of persons assisted by the Hawaii state health insurance assistance program with enrollment in low-income subsidy programs. [L 2023, c 252, §3]
Haw. Rev. Stat. § 356D-107 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-107
Regulation of traffic within public housing projects in the various counties.
Status: in_force

(a) Any law to the contrary notwithstanding, the council of the city and county of Honolulu may regulate traffic within the various public housing projects of the authority in that county by ordinance.

(b) Any law to the contrary notwithstanding, the county councils of the counties of Hawaii, Maui, and Kauai may regulate traffic within the various public housing projects of the authority within their respective counties by ordinance.

(c) No ordinance or regulations enacted by the council of any county regulating traffic within the public housing projects of the authority within the county shall be valid or effective unless prior thereto, the authority has entered into a written contract with the county absolving the county from any and all responsibility or liability for the construction, maintenance, and repair of any streets, lanes, alleys, or highways or street markers, traffic signs, or signal devices within the public housing projects of the authority. [L 2006, c 180, pt of §2]