Haw. Rev. Stat. § 356D-16 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-16
Contracts with the federal government.
Status: in_force

(a) The authority may:

(1) Borrow money or accept grants from the federal government for or in aid of any public housing project that the authority is authorized to undertake;

(2) Take over any land acquired by the federal government for the construction or operation of a public housing project;

(3) Take over, lease, or manage any public housing project constructed or owned by the federal government, and to these ends, enter into contracts, mortgages, leases, or other agreements as the federal government may require, including agreements that the federal government shall have the right to supervise and approve the construction, maintenance, and operation of the public housing project;

(4) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any public housing project;

(5) Agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages, payment of not less than prevailing salaries or wages, or compliance with labor standards, in the development or administration of public housing projects, and include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor;

(6) Comply with any conditions required by the federal government in any contract for financial assistance; and

(7) Execute contracts with the federal government.

(b) In any contract for annual contributions with the federal government, the authority may obligate itself to convey to the federal government possession of or title to the public housing project to which the contract relates, if a substantial default, as defined by contract, occurs. Notwithstanding any other law to the contrary, this obligation shall be specifically enforceable and shall not constitute a mortgage.

The contract may provide further that if a conveyance occurs, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.

(c) It is the purpose and intent of this section to authorize the authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any public housing project that the authority is empowered to undertake. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 352D-2 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-2
Policy for youth.
Status: in_force

A policy for youth is established for the State as follows:

(1) It shall be the policy of this State to concentrate on the prevention of delinquency as an important strategy which can be planned and implemented on behalf of youth and their families. The State shall encourage community involvement in the provision of services for youth including, as an integral part, local government, public and private voluntary groups, public and private nonprofit groups, and private-for-profit groups in order to encourage and provide innovative strategies for these services. To maximize resources and services to youth in need of services, agencies shall develop standards of care, methods to coordinate services, and evaluate and monitor these activities. For youth with special needs, the furtherance of this policy requires all agencies to recognize that their jurisdiction in meeting these youths' needs are not mutually exclusive and that they will work jointly under the coordination of the office of youth services;

(2) When youth at risk or their families request help, state and local government resources shall be utilized to complement community efforts to help meet the needs of youth by aiding in the prevention and resolution of their problems. The State shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of youth. To this end, the State shall assist and encourage families to utilize all available resources. For youth in need of services, the State shall secure those services as are needed to serve the emotional, mental, and physical welfare of youth and the best interests of the community, preferably in the youth's home or in the least restrictive environment possible. When youths must be placed in care away from their homes, the State shall ensure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their youth; and

(3) This policy for youth shall be implemented through the cooperative efforts of state and county legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those youth in greatest need. [L 1989, c 375, pt of §1]
Haw. Rev. Stat. § 356D-47 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-47
Government aid; political subdivisions.
Status: in_force

Any political subdivision may appropriate moneys for the purposes of meeting any local participation in housing costs or expenses required to obtain assistance from the federal government in the development and administration of state low-income housing projects and programs under this subpart, or of providing funds for use by the authority in developing and administering state low-income housing projects.
Haw. Rev. Stat. § 356D-13 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-13
Administration of federal programs.
Status: in_force

(a) The authority may carry out federal programs designated to be carried out by a public housing agency, or entity designated by the authority.

(b) The authority shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the program, to carry out any federal program in subsection (a).

(c) All fees collected for administering the program may be deposited into an appropriate special fund of the authority and may be used to cover the administrative expenses of the authority. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 349-8 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-8
Powers of other departments and agencies; cooperation with the executive office on aging.
Status: in_force

It shall be the duty and responsibility of every state department and county agency providing programs and services to the aging, in actively working toward the goals and objectives articulated in the state comprehensive master plan for elders, to coordinate with the executive office on aging the development of its program plans and clear its final plans with the office prior to implementation of such plans. The executive heads of all such departments and agencies shall cooperate with the executive office on aging in providing information as the office deems necessary for the effective discharge of its duties under sections 349-3, 349-5, 349-6, and 349-7. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of this State, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers, and duties. Each department, agency, officer, and employee of the State and of the counties shall cooperate and assist the executive office on aging in the performance of the function, powers, and duties of the office.
Haw. Rev. Stat. § 346-402 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-402
Court-appointed attorneys.
Status: in_force

The court may appoint an attorney sua sponte or at the request of any party to represent a young adult who is eligible under section 346-395 and has signed the voluntary care agreement as described in section [346-396] if it is deemed by the court to be in the young adult's best interest. Attorneys who are appointed by the court to represent a qualifying young adult may be paid by the court, unless the young adult for whom counsel is appointed has an independent estate sufficient to pay fees and costs.
Haw. Rev. Stat. § 353-7 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-7
High security correctional facility.
Status: in_force

(a) The director shall maintain a high security correctional facility for the residential care, correctional services, and control of high custodial risk convicted felons or the temporary detention of high custodial risk persons awaiting trial. The high security correctional facility may be integrated and operated concurrently with any other correctional facility or facilities.

(b) The facility shall:

(1) Provide extensive control and correctional programs for categories of persons who cannot be held or treated in other correctional facilities including, but not limited to:

(A) Individuals committed because of serious predatory or violent crimes against the person;

(B) Intractable recidivists;

(C) Persons characterized by varying degrees of personality disorders;

(D) Recidivists identified with organized crime; and

(E) Violent and dangerously deviant persons;

(2) Provide correctional services including, but not limited to, psychiatric and psychological evaluation, social inventory, correctional programming, and medical and dental services; and

(3) Provide recreational, educational, occupational training, and social adjustment programs. [L 1987, c 338, pt of §3; am L 1989, c 41, §1]
Haw. Rev. Stat. § 346-186 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-186
Prior early learning program information.
Status: in_force

(a) The department shall establish or augment an existing database to collect and analyze information it receives from the department of education pursuant to sections 302A-1165 and 302A-1166 and the state public charter school commission pursuant to sections 302D-37 and 302D-38 and any other information the department may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.

(b) To the extent not prohibited by administrative rule or law, the department, department of education, state public charter school commission, and executive office on early learning shall share any information gathered pursuant to sections 302A-1165, 302A-1166, 302D-37, and 302D-38 with each other, along with any other information the department, department of education, or state public charter school commission may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.

(c) An organization whose mission is to strengthen the education pipeline from early childhood through postsecondary education and training with data-informed decision making, advocacy, and policy coordination may include, in the state longitudinal system, prior early learning program information from the department, executive office on early learning, department of education, Hawaii state public charter school commission, and department of health.

(d) Any procurement executed pursuant to this section shall be exempt from chapters 103D and 103F. [L 2020, c 46, §8; am L 2021, c 210, §9 and c 230, §8]
Haw. Rev. Stat. § 368-17 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-17
Remedies.
Status: in_force

(a) The remedies ordered by the commission or the court under this chapter may include compensatory and punitive damages and legal and equitable relief, including, but not limited to:

(1) Hiring, reinstatement, or upgrading of employees with or without back pay;

(2) Admission or restoration of individuals to labor organization membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, with the utilization of objective criteria in the admission of persons to those programs;

(3) Admission of persons to a public accommodation or an educational institution;

(4) Sale, exchange, lease, rental, assignment, or sublease of real property to a person;

(5) Extension to all persons of the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent;

(6) Reporting as to the manner of compliance;

(7) Requiring the posting of notices in a conspicuous place that the commission may publish or cause to be published setting forth requirements for compliance with civil rights law or other relevant information that the commission determines necessary to explain those laws;

(8) Payment to the complainant of damages for an injury or loss caused by a violation of part I of chapter 489, chapter 515, part I of chapter 378, or this chapter, including a reasonable attorney's fee;

(9) Payment to the complainant of all or a portion of the costs of maintaining the action before the commission, including reasonable attorney's fees and expert witness fees, when the commission determines that award to be appropriate; and

(10) Other relief the commission or the court deems appropriate.

(b) Section 386-5 notwithstanding, a workers' compensation claim or remedy does not bar relief on complaints filed with the commission. [L 1989, c 386, pt of §1; am L 1991, c 252, §7; am L 2001, c 55, §17(5)]
Haw. Rev. Stat. § 368-12 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-12
Notice of right to sue.
Status: in_force

The commission may issue a notice of right to sue upon written request of the complainant. Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The commission may intervene in a civil action brought pursuant to this chapter if the case is of general importance.
Haw. Rev. Stat. § 353-66.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-66.5
Suspension or revocation; arrest warrants arising from traffic violations.
Status: in_force

In the event of suspension or revocation of parole, the Hawaii paroling authority shall inform the appropriate courts and arresting authorities of all outstanding traffic warrants issued against the parolee so that the warrants may be served on the parolee in a timely manner.
Haw. Rev. Stat. § 356D-18 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-18
Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.
Status: in_force

An obligee of the authority shall have the right, in addition to all other rights that may be conferred on the obligee subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior rights of others:

(1) By mandamus, suit, action, or proceeding in law or equity to compel the authority, and the members of the board, officers, agents, or employees thereof to perform each and every item, provision, and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter;

(2) By suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the authority;

(3) By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any public housing project or any part thereof to be surrendered to any obligee having the right to possession pursuant to any contract of the authority;

(4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the authority), to obtain the appointment of a receiver for any public housing project of the authority or any part or parts thereof. If a receiver is appointed, the receiver may enter and take possession of the public housing project or any part or parts thereof, operate and maintain the project, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the authority itself might do and shall keep the moneys in a separate account or accounts and apply the moneys in accordance with the obligations of the authority as the court shall direct; and

(5) By suit, action, or proceeding in any court of competent jurisdiction to require the authority and the members of the board thereof to account as if it and they were the trustees of an express trust. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 353-32 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-32
Gifts.
Status: in_force

(a) Notwithstanding any other law to the contrary, the department may receive, use, manage, and invest moneys or property, real, personal, or mixed, which may be given, bequeathed, devised, or in any other manner provided from sources other than the legislature or the federal government, for any purpose authorized by this chapter and not inconsistent with any terms or conditions imposed by the donor, subsection (b), or chapter 84.

(b) A gift of money shall be deposited by the director of finance in a separate account in the state treasury and expended in accordance with law and any terms and conditions that may pertain to the gift. Unless otherwise specified as a term or condition, the department may convert a gift of property into money. Income derived from property or the conversion of property may be used to pay for the storage, handling, and distribution of other properties held by the department.

(c) All expenditures made pursuant to this section shall be subject to the approval of the director of corrections and rehabilitation.

(d) The department shall maintain records of each gift, the essential facts of the management thereof, details relating to expenditures of all moneys made pursuant to this section, and the current disposition, use, and condition of each gifted property held by the department. This information shall be compiled and transmitted annually to the legislature and the governor, and shall be made available to the general public free of charge. [L 1992, c 100, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-244 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-244
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 pursuant to this part.
Haw. Rev. Stat. § 352-29 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-29
Termination of director's right to supervise person.
Status: in_force

(a) The authority of the director to supervise the conduct of a person who has been committed to the director's care, unless such authority shall be sooner terminated pursuant to this chapter or chapter 571, shall cease:

(1) At the time of sentencing for any subsequent offense for which the committed person has been waived pursuant to section 571 - 22 and has been convicted by a court of competent criminal jurisdiction;

(2) At the expiration date of the order of commitment issued unless the director has, prior to such expiration date, sought and obtained from the court an extension of such order;

(3) Whenever the director, prior to the termination otherwise of such order, determines that the purposes of such order have been achieved in the case of a person under age eighteen; provided that if the commitment order reserves the prior approval of the family court for any discharge before termination, the director shall obtain approval of the court for a discharge; or

(4) Whenever the director, prior to the termination otherwise of such order, determines that the purposes of such order have been achieved in the case of a person committed to a term extending beyond the person's eighteenth birthday and obtains court approval prior to discharge.

(b) The director, in each case described in subsection (a)(2), (3) and (4) of this section, shall immediately notify the person, the court, the police department of the county where the committed person resided before commitment, and, if a minor, the person's parent or guardian of the termination of the director's supervision over such person, provided that in cases covered by subsection (a)(1), the sentencing court shall provide such notification including notice to the director. [L 1980, c 303, pt of §8(1); am L 1981, c 134, §1; am L 1997, c 325, §4]

Revision Note

In subsection (a)(1) and (2), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 356D-57 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-57
Disposition of surplus proceeds.
Status: in_force

After the sale, the authority shall apply the proceeds as provided in section 356D-56. The balance, if any remaining, shall be paid over to the former resident or occupant. If the balance is not claimed by the former resident or occupant within thirty days after the sale thereof, then the balance shall be paid over to the director of finance and shall be kept by the director in a special deposit for a period not to exceed six months. If claimed by the former resident or occupant during that period, it shall be paid to the former resident or occupant. If no claim is made during the period, the sum shall become a government realization and shall be paid into the general fund.
Haw. Rev. Stat. § 368-2 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-2
Civil rights commission established.
Status: in_force

(a) There is established a civil rights commission composed of five members nominated and, by and with the advice and consent of the senate, appointed by the governor for staggered terms in accordance with section 26-34. The members appointed to the commission shall be selected on the basis of their knowledge and experience in civil rights matters and on the basis of a demonstrated commitment to the preservation of the civil rights of all individuals. The governor shall designate one of the commissioners as the chair of the commission.

(b) Any action taken by the commission shall be by a simple majority of the members of the commission. All decisions of the commission shall be reduced to writing and shall state separately its findings of fact and conclusions. Any vacancy in the commission shall not impair the authority of the remaining members to exercise all the powers of the commission. The governor may appoint an acting member of the commission during the temporary absence from the State or the illness of any regular member. An acting member, during the acting member's term of service, shall have the same powers and duties as the regular member.

(c) The members shall serve without compensation but shall be paid per diem and travel expenses when attending meetings of the commission. The commission shall be within the department of labor and industrial relations for administrative purposes only. [L 1988, c 219, pt of §1; am L 1989, c 386, §5]
Haw. Rev. Stat. § 353-19 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-19
Compensation for labor or training by committed persons.
Status: in_force

Every committed person, who is working within a state correctional facility or who is in such training or educational programs as the director or a designated agent pursuant to law prescribes, may be allowed such graduated sums of money as the director by policy determines. Any committed person, other than persons on work furlough, engaged in work, training, or education pursuant to this section or work pursuant to this chapter or chapter 354D shall not be considered an employee or in employment.
Haw. Rev. Stat. § 353-6.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-6.5
Gender-responsive, community-based programs for women offenders.
Status: in_force

The department of corrections and rehabilitation shall develop and make available gender-responsive, community-based programs, including a community-based work furlough program, for women offenders by providing women offenders the appropriate range of opportunities to ensure that their needs are met. Program models designed to address the needs of women offenders shall include but are not limited to:

(1) Appropriate treatment, including substance abuse and mental health treatment;

(2) Individualized case management to help women offenders set and achieve goals;

(3) Life skills development workshops, including budgeting, money management, nutrition, and exercise;

(4) Development of self-determination through education; employment training; community-based work furlough programs; special education for the learning disabled; and social, cognitive, communication, and life skills training;

(5) Family-focused programming, including issues relating to pregnancy and single parenthood;

(6) Peer support and the development of peer networks;

(7) Transitional support for women offenders and their families to promote successful reentry into their families and communities;

(8) Highly skilled staff experienced in working with women offenders and their concerns;

(9) Formal recognition of participant achievement;

(10) Ongoing attention to building community-based support;

(11) Assistance for women offenders who need to develop a marketable job skill and a career plan;

(12) Geographical proximity to children and family; and

(13) The goal of providing a gender-responsive continuum of care. [L 2006, c 258, §4; am L 2022, c 245, §2 and c 278, §29]
Haw. Rev. Stat. § 356D-156 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-156
Rules.
Status: in_force

The authority may adopt under chapter 91 all rules necessary to carry out the purpose of this part, including rules relating to determining preference among applicants for state rent supplements.
Haw. Rev. Stat. § 351-2 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-2
Definitions.
Status: in_force

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

"Child" means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child.

"Commission" means the crime victim compensation commission established by this chapter.

"Crime" means those under section 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 United States Code section 2331, against a resident of this State.

"Dependents" mean such relatives of a deceased victim who were wholly or partially dependent upon the victim's income at the time of the victim's death or would have been so dependent but for the incapacity due to the injury from which the death resulted and includes the child of the victim born after the victim's death.

"Designated person" means a person who made payments for funeral, burial, and medical expenses on behalf of a victim.

"Injury" means actual bodily harm and, in respect of a victim, includes pregnancy and mental or nervous shock; and "injured" has a corresponding meaning.

"Mass casualty incident" means an incident with multiple victims killed during a continuous course of criminal conduct.

"Private citizen" means any natural person other than a police officer who is actively engaged in the performance of the police officer's official duties.

"Relative" means a victim's spouse or reciprocal beneficiary, parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half brother, half sister, stepbrother, stepsister, spouse's or reciprocal beneficiary's parents, niece, nephew, or person residing in the same dwelling unit as the victim.

"Resident" means every individual who:

(1) Intends to permanently reside in this State;

(2) Has a permanent abode in this State;

(3) Is a student at any institution of learning and claimed as a dependent of a Hawaii resident;

(4) Files a Hawaii income tax return; or

(5) Is registered to vote in this State.

"Victim" means:

(1) A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;

(2) Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in section 351-32; or

(3) A person who is a resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in title 18 United States Code section 2331. [L 1967, c 226, pt of §1; HRS §351-2; am L 1972, c 2, §13 and c 61, §1a; am L 1977, c 191, §2; am L 1983, c 124, §15; gen ch 1985; am L 1989, c 177, §§1 to 3; am L 1995, c 182, §1; am L 1997, c 383, §49; am L 1998, c 239, §1 and c 240, §3; am L 2000, c 57, §§2, 3]

Revision Note

Punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 346-188 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-188
Child care accreditation program; established.
Status: in_force

(a) The department shall establish and implement a child care accreditation program.

(b) The department shall develop standards, policies, and procedures for the administration of the child care accreditation program, which shall, at minimum:

(1) Provide upfront grant funding to cover the cost of accreditation by one of the national early learning accrediting organizations, as approved by the director;

(2) Provide grant funding for technical assistance to assist an eligible child care provider through the accreditation process; and

(3) Be available to licensed group child care centers, licensed group child care homes, licensed infant and toddler child care centers, and registered family child care homes.

(c) Requests for grants shall be submitted to the department in accordance with administrative rules adopted by the department to administer the grant program. Each request shall at a minimum state:

(1) The name of the child care provider requesting grant funds;

(2) The expenses that are necessary for the child care provider to obtain the accreditation; and

(3) The age range of the children the child care provider serves.

(d) Each applicant for a grant shall provide proof that the applicant:

(1) Has United States citizenship or permanent United States resident alien status and is a resident of the State at the time of application;

(2) Is currently licensed or registered as a child care provider, or is an exempt provider approved by the department;

(3) Provides child care at the time of application;

(4) Complies with all other federal, state, or county statutes, rules, or ordinances necessary to conduct the activities or provide the services for which a grant is awarded;

(5) Complies with all applicable federal and state laws prohibiting discrimination against a person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;

(6) Agrees not to use state funds for entertainment or lobbying activities;

(7) Allows the department, legislative committees and their staff, and the auditor full access to the applicant's records, reports, files, and other related documents and information for the purposes of monitoring, measuring the effectiveness of, and ensuring the proper expenditure of the grant;

(8) Is not employed by a child care facility that is part of, owned or operated by, or owned or operated as a private educational institution; provided that an organization or individual that owns or operates both a private educational institution and a child care facility may apply only if the organization or individual can provide evidence that the operations and finances of the private educational institution are completely separate from the operations and finances of the child care facility such that it is clear a grant awarded under this section would not support or benefit the private educational institution in violation of article X, section 1 of the Hawaii State Constitution;

(9) Satisfies any other standards that may be required by the source of funding; and

(10) Meets all other standards prescribed in rules adopted by the department to implement the grants awarded under this section.

(e) Each child care provider who, after meeting the requirements of subsection (d), receives grant funds from the department shall be required to obtain accreditation and continue to provide child care for three years after receiving accreditation.

(f) Each request for grant funds shall be submitted to the department on an application form provided by the department and shall at a minimum contain the information required by subsection (d). The department shall review each request to determine whether the applicant is eligible to receive grant funds and shall make a final decision on each request. The department shall inform each grant applicant of the disposition of the applicant's request. The department shall adopt rules to establish an appeals process for any denial of a request.

(g) The department shall not release the public funds approved for a grant under this section unless a contract is entered into between the department and the grant recipient. The department shall develop and determine, in consultation with and subject to review and approval of the department of the attorney general, the specific contract form to be used.

(h) Appropriations for grants made under this section shall be subject to the allotment system generally applicable to all appropriations made by the legislature.

(i) Each grant contract executed pursuant to this section shall be monitored by the department to ensure compliance with this section, and shall be evaluated annually to determine whether the grant attained the intended results in the manner contemplated.

(j) Any grant recipient who withholds or omits any material fact or deliberately misrepresents facts to the department shall be in violation of this section and, in addition to other penalties provided by law, any recipient found to have violated this section or the terms of any contract executed pursuant to this section shall be prohibited from applying for any grants awarded by the department for a period of five years from the date of termination.

(k) The child care accreditation program may provide grant funding to cover incidental expenses to allow a child care provider to receive accreditation, including but not limited to expenses for furniture, equipment, or minor renovations.

(l) The department may contract with a service provider in accordance with chapters 103D and 103F, as applicable, to operate the child care accreditation program.

(m) The department shall adopt rules without regard to chapter 91 to administer the child care accreditation program.

(n) The department shall report to the legislature no later than twenty days prior to the convening of each regular session with the number and general location of programs applying for and participating in the child care accreditation program, an aggregated breakdown of the type and amount of costs the program covered for providers, and the percentage of providers receiving preschool open doors program funds that have begun the accreditation process or are currently accredited.

(o) For the purposes of this section:

"Grant" means an award of state funds to a specified recipient to support the activities of the recipient and permit the community to benefit from those activities.

"Private educational institution" means a nonpublic entity that provides:

(1) Educational services for any grades from kindergarten through grade twelve;

(2) Post-secondary education; or

(3) Pre-kindergarten level services that are provided by an entity that holds itself out to the public as a school or educational institution, or that are identified by the entity as educational services rather than solely as child care services.

"Recipient" means a child care provider receiving a grant. [L 2023, c 169, §3; am L 2025, c 203, §3]
Haw. Rev. Stat. § 346-19.7 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-19.7
Prospective adoptive parents; standards and home studies.
Status: in_force

(a) The department shall develop standards to ensure the reputable and responsible character of prospective adoptive parents as defined in this chapter.

(b) The department shall develop procedures for obtaining verifiable information regarding the criminal history and child abuse and neglect registry information of persons who are seeking to become adoptive parents. The department or its designee shall obtain criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7, and child abuse record information from the department in accordance with departmental procedures.

(c) Except as otherwise specified, any person who seeks to become an adoptive parent, including all adults residing in the prospective adoptive home, shall:

(1) Meet all standards and requirements established by the department;

(2) Be subject to criminal history record checks in accordance with section 846-2.7, and child abuse and neglect registry checks in accordance with departmental procedures; and

(3) Provide consent to the department to obtain criminal history record and child abuse and neglect registry information.

Information obtained pursuant to subsection (b) and this subsection shall be used by the department for the purpose of determining whether or not a person is suitable to be an adoptive parent. All decisions shall be subject to federal laws and regulations.

(d) The department may deny a person's application to adopt a child if either of the prospective adoptive parents or any adult residing in the prospective adoptive home was convicted of an offense for which incarceration is a sentencing option, and if the department finds by reason of the nature and circumstances of the crime that either of the prospective adoptive parents, or any adult residing in the prospective adoptive home, poses a risk to the health, safety, or well-being of the child. A denial shall occur only after appropriate investigation, notification of results and planned action, and opportunity to meet and rebut the finding, all of which need not be conducted in accordance with chapter 91.

(e) The department may deny a person's application to adopt a child if either of the prospective adoptive parents or any adult residing in the prospective adoptive home has a history of confirmed child abuse or neglect, or both, revealed by the child abuse and neglect registry check, and if the department finds by reason of the nature and circumstances of the abuse or neglect, or both, that either of the prospective adoptive parents or any adult residing in the prospective adoptive home poses a risk to the health, safety, or well-being of the child. A denial shall occur only after an appropriate investigation, notification of results and planned action, and an opportunity to meet and rebut the finding, all of which need not be conducted in accordance with chapter 91.

(f) The department may authorize or contract for home studies of prospective adoptive parents for children under the department's custody by experienced social workers with specialized adoption experience. [L 2000, c 108, §1; am L 2003, c 95, §9(4); am L 2007, c 46, §2; am L 2008, c 136, §2]
Haw. Rev. Stat. § 355D-4 — HI Code / Division 1 / Title 20 / Chapter 355D / Section 355D-4
Hearings.
Status: in_force

The director of corrections and rehabilitation and the director's authorized subordinates and agents shall hold such hearings as may be requested by any other party state pursuant to article IV(f) of the Interstate Corrections Compact.
Haw. Rev. Stat. § 346-60 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-60
Group therapy; reimbursement for services.
Status: in_force

(a) The department shall establish rules pursuant to chapter 91 to permit payment to providers of group therapy services to recipients under this chapter.

(b) For the purposes of this section, "group therapy" shall be defined as psychotherapeutic treatment delivery in which a patient receives treatment as a member of a group of patients receiving similar treatment, involving interaction both between the patient and the practitioner and among patients, and which is supervised by a practitioner licensed under chapters 453 or 465. [L 1976, c 236, §2]
Haw. Rev. Stat. § 354D-6 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-6
Required programs.
Status: in_force

(a) The administrator shall establish programs that provide essential products and services for each of the State's correctional facilities, for other state agencies, and for the counties, as may be required.

(b) To the extent that inventories and equipment for specific services may be dedicated to the development of correctional industries, the director may transfer the supervision of inventory and equipment to the administrator.

(c) A portion of real property at each correctional facility shall be designated by the director as an industry area. The director may assign these facilities to the administrator who shall be responsible for the maintenance and upkeep of the areas.

(d) The director or a designated representative may consult with the administrator of the state procurement office to identify goods or services which the correctional industries program may produce or provide to any state agency. The administrator of the state procurement office shall provide a list of goods and services available from the correctional industries program and any state agency may purchase these goods and services from the correctional industries program. [L 1990, c 341, pt of §1; am L 1998, c 140, §1]
Haw. Rev. Stat. § 346-165 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-165
Visitation and inspection of group child care home, group child care center.
Status: in_force

The department of human services shall visit and inspect each group child care home and group child care center as frequently as it deems necessary for the proper operation, sanitation, and safety of the home or center, as the case may be. The visits and inspections shall be made at least once annually. Every group child care home and group child care center licensed under this subpart shall be open to visitation and inspection by representatives of the department of human services, the department of education, and the department of health, and by designated representatives of the respective county fire departments at all times.
Haw. Rev. Stat. § 346-67 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-67
Medical foods and low-protein modified food products; treatment of inborn error of metabolism; notice.
Status: in_force

(a) Public assistance recipients in this State who receive medical assistance pursuant to this chapter shall be allowed coverage for medical foods and low-protein modified food products for the treatment of an inborn error of metabolism; provided that the medical food or low-protein modified food product is:

(1) Prescribed as medically necessary for the therapeutic treatment of an inborn error of metabolism; and

(2) Consumed or administered enterally under the supervision of a physician or osteopathic physician licensed under chapter 453.

The department shall adopt rules pursuant to chapter 91 to effectuate this subsection.

(b) All health maintenance organizations and prepaid health plans with which the department executes risk contracts for the provision of medical care to eligible public assistance recipients shall provide notice to their members regarding the coverage required by this section. The notice shall be in writing and prominently placed in any literature or correspondence sent to members and shall be transmitted to members within calendar year 2000 when annual information is made available to members, or in any other mailing to members, but in no case later than December 31, 2000.

(c) For the purposes of this section:

"Inborn error of metabolism" means a disease caused by an inherited abnormality of the body chemistry of a person that is characterized by deficient metabolism, originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate, or fat.

"Low-protein modified food product" means a food product that:

(1) Is specially formulated to have less than one gram of protein per serving;

(2) Is prescribed or ordered by a physician or osteopathic physician as medically necessary for the dietary treatment of an inborn error of metabolism; and

(3) Does not include a food that is naturally low in protein.

"Medical food" means a food that is formulated to be consumed or administered enterally under the supervision of a physician or osteopathic physician and is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. [L 1999, c 86, §1; am L 2009, c 11, §45]
Haw. Rev. Stat. § 346-231 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-231
Order for immediate protection.
Status: in_force

(a) If the department believes that a person is a vulnerable adult and it appears probable that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the vulnerable adult does not consent and there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult's person, the department may seek an order for immediate protection in accordance with this section.

(b) A finding of probable cause may be based in whole or in part upon hearsay evidence when direct testimony is unavailable or when it is demonstrably inconvenient to summon witnesses who will be able to testify to facts from personal knowledge.

(c) Upon finding that the person is a vulnerable adult and that there is probable cause to believe that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the vulnerable adult does not consent and there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult's person, the court shall issue an order for immediate protection. This order may include:

(1) An authorization for the department to transport the person to an appropriate medical or care facility;

(2) An authorization for medical examinations;

(3) An authorization for emergency medical treatment; and

(4) Any other matters as may prevent immediate abuse, pending a hearing under section 346-232.

(d) The court may also make orders as may be appropriate to third persons, including temporary restraining orders, enjoining them from:

(1) Removing the vulnerable adult from the care or custody of another;

(2) Actions that would result in abuse of the vulnerable adult;

(3) Living at the vulnerable adult's residence;

(4) Contacting the vulnerable adult in person or by telephone;

(5) Selling, removing, or otherwise disposing of the vulnerable adult's personal property;

(6) Withdrawing funds from any bank, savings and loan association, credit union, or other financial institution, or from a stock account in which the vulnerable adult has an interest;

(7) Negotiating any instruments payable to the vulnerable adult;

(8) Selling, mortgaging, or otherwise encumbering any interest that the vulnerable adult has in real property;

(9) Exercising any powers on behalf of the vulnerable adult by representatives of the department, any court-appointed guardian or guardian ad litem, or any official acting on the vulnerable adult's behalf; and

(10) Engaging in any other specified act that, based upon the facts alleged, would constitute harm or present a danger of immediate harm to the vulnerable adult or would cause the loss of the vulnerable adult's property.

(e) Court orders under section 346-232 and this section may be obtained upon oral or written application by the department, without notice and without a hearing. Any oral application shall be reduced to writing within twenty-four hours. The court may issue its order orally; provided that it shall reduce the order to writing as soon as possible thereafter and in any case not later than twenty-four hours after the court received the written application. Certified copies of the application and order shall be personally served upon the vulnerable adult and any other person or entity affected by the order together with the notice of the order to show cause hearing in section 346-232.

(f) If a written order for immediate protection is issued, the department shall file a petition invoking the jurisdiction of the court under this part within twenty-four hours. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §4; am L 2008, c 154, §13; am L 2016, c 22, §1]
Haw. Rev. Stat. § 346-302 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-302
Equal benefits.
Status: in_force

The adoption assistance program referred to in section 346-301 shall provide equal benefits for children regardless of whether federal matching funds for adoption assistance are received by the State.
Haw. Rev. Stat. § 346-232 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-232
Order to show cause hearing.
Status: in_force

(a) When a written order for immediate protection is issued, the court shall hold a hearing on the application for immediate protection, no later than seventy-two hours after issuance of the written order, excluding any Saturday or Sunday, requiring cause to be shown why the order or orders should not continue. The department shall make arrangements to have the vulnerable adult attend the hearing or show cause why the vulnerable adult cannot attend.

(b) When the court finds that there is probable cause to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken, and the vulnerable adult consents, or if the vulnerable adult does not consent and the court finds that there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult's person, the court may continue or modify any order pending an adjudicatory hearing on the petition. These orders may include orders for the vulnerable adult's temporary placement and ordinary medical care.

(c) The parties personally or through counsel may stipulate to the entry or continuance of such orders as the court deems to be in the best interest of the vulnerable adult, and the court shall set the case for an adjudicatory hearing as soon as it is practical. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §5; am L 2008, c 154, §14]
Haw. Rev. Stat. § 352D-7 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-7
Youth services centers; creation.
Status: in_force

(a) Beginning July 1, 1991, the office of youth services shall create, develop, and operate youth service centers throughout the State, including one or more in each county and including the Kawailoa youth and family wellness center created pursuant to section 352D-7.5. This may be done either directly or by contract with private parties. Delinquency prevention shall be a primary objective of these centers. The population eligible for services at the centers shall be all youths in need of services and all young adults at risk. All referrals and admissions to a youth services center shall be voluntary. Centers shall also develop individualized intake capabilities, program plans, delivery of services, and a comprehensive referral network. The objectives of the youth service centers shall be to:

(1) Develop and implement programs in delinquency prevention;

(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system;

(3) Develop an improved system of intake, assessment, and follow-up for youths including youth at risk, and for young adults at risk; and

(4) Provide better coordination of juvenile justice and nonjuvenile justice services in order to reduce overlaps and gaps in services.

(b) Each center shall:

(1) Be responsible for coordinating all services, justice system or non-justice system, both public and private, to the youth and young adults referred to it; and

(2) Be responsive to the needs of its immediate community and offer an array of services that are tailored to the needs of its constituents.

(c) Every youth and young adult referred to a youth services center shall be appropriately placed with a service provider and provided services as soon as possible. The center shall develop procedures that will ensure that appropriate service providers are available on a twenty-four hour basis for each youth and young adult. The center may contract with service providers for provision of services.

(d) Each youth service center shall maintain a registry of every youth and young adult referred to it and shall monitor and supervise the follow-up services that are provided to the youth or young adult. Each center shall be primarily responsible to ensure that each youth is fully diverted from the juvenile justice system. [L 1989, c 375, pt of §1; am L 2001, c 253, §2; am L 2018, c 208, §6]
Haw. Rev. Stat. § 352-32 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-32
Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority.
Status: in_force

(a) The Hawaii youth correctional facilities may operate and maintain the Kawailoa youth and family wellness center within the scope of the authority granted by the office of youth services pursuant to section 352D-7.5, using funds appropriated or approved by the legislature for this purpose.

(b) Persons committed to the Hawaii youth correctional facilities shall be segregated from youth and young adults admitted to the Kawailoa youth and family wellness center. For purposes of this section, "young adult" has the same meaning as in section 352D-3. [L 2018, c 208, §1]
Haw. Rev. Stat. § 347-16 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-16
Canes, use in public places.
Status: in_force

No person, unless blind or visually handicapped and authorized by the department of human services so to do, shall carry or use on any street or highway, or in any other public place, an exposed cane or walking stick which is painted white in color or painted white tipped with red.
Haw. Rev. Stat. § 346-243 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-243
Appeal.
Status: in_force

Any party aggrieved by an order or decree of the court may appeal as provided by section 571-54.
Haw. Rev. Stat. § 354D-11 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-11
Provisions for qualified, able-bodied inmates; employment.
Status: in_force

(a) The director or a designated representative shall make all qualified, able-bodied inmate work assignments with the correctional industries program and establish the rate of compensation for the assignments. A portion of the compensation shall be paid to the qualified, able-bodied inmate in relation to the number of hours worked, type of work assignment, and quality of work performed. Payment rates shall be established on an annual basis after review by the advisory committee.

(b) The department shall recommend a possible reduction in the minimum term to the Hawaii paroling authority for any offender satisfactorily participating in the correctional industries program for a minimum of one year or for any period the equivalent of one-half of the balance of the term remaining to the tentative parole date. The possible reduction in the minimum term shall be determined by the performance and evaluation of the offender by the correctional industries program as recommended to the director or the director's designee.

(c) The department is authorized to adopt rules governing the employment, conduct, and management of qualified, able-bodied inmates while assigned to programs. All rules pertaining to the payment, employment, conduct, and management of qualified, able-bodied inmates shall be published and posted for inmates. [L 1990, c 341, pt of §1; am L 1991, c 256, §5]
Haw. Rev. Stat. § 353-13.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.5
Election of private medical or psychological care by prisoners.
Status: in_force

The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition to such care as may be provided by the department; provided that any fees or other costs charged by a private medical doctor or psychologist for such care shall be the sole responsibility of the prisoner and that such care shall not put the correctional facility to any hazard and that such care shall conform to the department's rules and established practices including any requirements concerning advance notice of visits with the prisoner. Medical doctors or psychologists who provide such care shall provide timely reports to the department as to the physical or psychological progress of the prisoner. If the private care is discontinued, the department shall be notified immediately by the private medical doctor or psychologist. In no event shall the department or the State incur any civil liability whatsoever as a result of any private medical or psychological care administered under this section.
Haw. Rev. Stat. § 367D-3 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-3
Contracts.
Status: in_force

To encourage cooperation and assist private agencies that have existing programs designed specifically for female offenders and to encourage private agencies to develop and implement new programs, the director of corrections and rehabilitation shall make contracts available to private agencies electing to participate in the contract program, subject to chapter 103F.