Haw. Rev. Stat. § 353-66 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-66
Terms and conditions of parole; suspension and revocation.
Status: in_force

(a) Every parole granted under this part to any prisoner shall be subject to the express condition, to be set forth in the official written notification of parole to the prisoner, but to be binding upon the prisoner in any event, that all or any portion of the prisoner's credits earned or to be earned may be forfeited by order of the Hawaii paroling authority in the event that the prisoner breaks the prisoner's parole or violates any law of the State or rule of the paroling authority or any of the terms or conditions of the prisoner's parole.

(b) No parole shall be revoked and no credits forfeited without cause, which cause must be stated in the order revoking the parole, or forfeiting the credits after notice to the paroled prisoner of the paroled prisoner's alleged offense and an opportunity to be heard; provided that when a person is convicted in the State of a crime committed while on parole and is sentenced to imprisonment, or when it is shown by personal investigation that a parolee has left the State without permission from the paroling authority and due effort is made to reach the parolee by registered mail directed to the parolee's last known address, no hearing shall be required to revoke the parolee's parole; and provided further that when any duly licensed psychiatrist or licensed psychologist finds that continuance on parole will not be in the best interests of a parolee or the community, the paroling authority, within the limitations of the sentence imposed, shall order the detention and treatment of the prisoner until such time as the prisoner shall be found by any duly licensed psychiatrist or licensed psychologist to be eligible for continuance on parole.

(c) If any paroled prisoner leaves the State without permission from the paroling authority, or if the whereabouts of any paroled prisoner is not known to the paroling authority because of the neglect or failure of the prisoner to so inform it, the paroling authority may order the parole suspended pending apprehension. From and after the suspension of the parole of any paroled prisoner and until the paroled prisoner's return to custody, the paroled prisoner shall be deemed an escapee and a fugitive from justice, and no part of the time during which the paroled prisoner is an escapee and a fugitive from justice shall be part of the paroled prisoner's term.

(d) The paroling authority may at any time order the arrest and temporary return to custody of any paroled prisoner, as provided in section 353-65, for the purpose of ascertaining whether or not there is sufficient cause to warrant the paroled prisoner's reimprisonment or the revoking of the paroled prisoner's parole or other action provided for by this part.

(e) [Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2, as shown in the main volume, deleted by 2017, c 77, §2.] Any paroled prisoner retaken and reimprisoned as provided in this chapter shall be confined according to the paroled prisoner's sentence for that portion of the paroled prisoner's term remaining unserved at time of parole, but successive paroles may, in the discretion of the paroling authority, be granted to the prisoner during the life and in respect of the sentence. If the paroled prisoner is retaken and reimprisoned for violating a condition of parole but has not:

(1) Been charged with a new felony offense or a new misdemeanor offense under chapter 134, chapter 707, or section 709-906;

(2) Absconded or left the State without permission from the paroling authority;

(3) Violated conditions applicable to sex offenders, such as registering as a sex offender or conditions related to proximity to specified locations or persons; or

(4) Been previously reimprisoned for violating the conditions of parole on the current offense,

the paroled prisoner shall be confined for no more than six months or for that portion of the paroled prisoner's term remaining unserved at the time of parole, whichever is shorter, so long as the paroling authority has approved a parole plan as set forth under section 706-670(3) and (4). The minimum term of imprisonment shall be as determined by the court or the paroling authority, as the case may be. The prisoner shall be given credit for time served in custody pending a hearing on revocation of parole as it relates to the six-month parole revocation. No prisoner shall be incarcerated beyond the expiration of the prisoner's maximum terms of imprisonment.

(f) The Hawaii paroling authority may require a paroled prisoner to undergo and complete a substance abuse treatment program when the paroled prisoner has committed a violation of the terms and conditions of parole involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the paroled prisoner fails to complete the substance abuse treatment program or the Hawaii paroling authority determines that the paroled prisoner cannot benefit from any substance abuse treatment program, the paroled prisoner shall be subject to revocation of parole and return to incarceration. As a condition of parole, the Hawaii paroling authority may require the paroled prisoner to:

(1) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index;

(2) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program;

(3) Contribute to the cost of the substance abuse treatment program; and

(4) Comply with any other terms and conditions for parole.

As used in this subsection, "substance abuse treatment program" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with having substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.

Nothing in this subsection shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider. [L 1917, c 103, §3; RL 1925, §1562; am L 1931, c 126, §3; RL 1945, §3960; am L 1949, c 13, §1; RL 1955, §83-65; am L 1957, c 308, §2; am L 1967, c 100, §1; HRS §353-66; am L 1976, c 92, pt of §8; gen ch 1985; am L 1988, c 305, §2; am L 2002, c 161, §4; am L 2004, c 44, §10; am L 2005, c 22, §23; am L 2012, c 139, §§7, 14(4); am L 2016, c 34, §1 and c 231, §69]
Haw. Rev. Stat. § 353G-6 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-6
Use of drug test or assessment results.
Status: in_force

(a) Except as provided by law, the results of an inmate's drug test required or ordered under this chapter shall be used only to determine:

(1) Whether the department of corrections and rehabilitation shall order treatment or an assessment;

(2) Appropriate conditions of parole or other release from a correctional center or facility; or

(3) An appropriate sanction for violation of a term or condition of the person's participation in a treatment program imposed pursuant to section 353G - 9 or any other law.

(b) Except as provided by law, an assessment shall be used only for the purposes listed in subsection (a)(2) or (a)(3) and to provide background information about an inmate to any person or agency conducting a prerelease assessment pursuant to section 353G-4.

(c) Except as provided in this chapter, any information obtained as a result of an assessment program or a treatment program, including positive drug tests, shall be kept confidential in accordance with the requirements of title 42 United States Code section 290dd-2. [L 1998, c 152, pt of §2; am L 2011, c 43, §21 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 347-14 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-14
Penalty.
Status: in_force

Any person, business, or agency who violates section 347-13 and any common or public carrier which, and any officer or employee of any common carrier who violates, or causes such carrier to violate, section 347-13 shall be fined not more than $1,000.
Haw. Rev. Stat. § 346-59.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.5
Enforcement of contracts.
Status: in_force

(a) The director may monitor a health plan's performance during any contract period.

(b) In addition to any other administrative or judicial remedy, the director may impose civil or administrative monetary penalties not to exceed the maximum amount established by federal statutes and regulations if the health plan:

(1) Fails to provide medically necessary items and services that are required under law or under contract;

(2) Imposes upon beneficiaries excess premiums and charges;

(3) Acts to discriminate among enrollees;

(4) Misrepresents or falsifies information;

(5) Violates marketing guidelines; or

(6) Violates other contract provisions and requirements.

(c) The director may appoint temporary management to oversee compliance efforts if a health plan continues to engage in violations of contract, law or rules, or if there is a substantial risk to the health of enrollees.

(d) Pursuant to chapter 91, the director may adopt and enforce such rules as may be necessary to carry out the purposes of this section.

(e) The director shall notify the insurance commissioner whenever a sanction under this section is contemplated. [L 1998, c 94, §1]
Haw. Rev. Stat. § 353-16.36 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16.36
Contracts for construction of correctional facilities by private entities.
Status: in_force

The governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or purchase correctional facilities on public or private lands for the benefit of the State.
Haw. Rev. Stat. § 346-435 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-435
Wellness and resilience advisory board; establishment; members; roles.
Status: in_force

(a) There is established within the department for administrative purposes only, a wellness and resilience advisory board to advise the office in implementing this part. The board shall consist of the following members:

(1) The director of health, or the director's designee, who shall serve as the chairperson of the advisory board;

(2) The director of human services, or the director's designee;

(3) The superintendent of education, or the superintendent's designee;

(4) The director of corrections and rehabilitation, or the director's designee;

(5) The director of the executive office on early learning, or the director's designee;

(6) A member of the judiciary, to be appointed by the chief justice of the supreme court; and

(7) A faculty member from the University of Hawaii John A. Burns school of medicine, to be appointed by the dean of the University of Hawaii John A. Burns school of medicine.

(b) The chairperson shall also invite the following persons to serve as members of the board:

(1) The chief executive officer of Kamehameha Schools, or the chief executive officer's designee;

(2) A member of the law enforcement community;

(3) A member of the non-profit sector; and

(4) A community member or non-profit representative from the Compact of Free Association islander community.

(c) The wellness and resilience advisory board shall advise on wellness and resilience through trauma‑informed care in the State. Specifically, the advisory board shall:

(1) Create, develop, and adopt a statewide framework for trauma-informed and responsive practice. The framework shall include:

(A) A clear definition of "trauma-informed and responsive practice";

(B) Principles of trauma-informed and responsive care that may apply to any school, health care provider, law enforcement agency, community organization, state agency, or other entity that has contact with children or youth;

(C) Clear examples of how individuals and institutions may implement trauma-informed and responsive practices across different domains, including organizational leadership, workforce development, policy and decision-making, and evaluation;

(D) Strategies for preventing and addressing secondary traumatic stress for all professionals and providers working with children and youth and their families who have experienced trauma;

(E) Recommendations to implement trauma-informed care professional development and strategy requirements in county and state contracts; and

(F) An implementation and sustainability plan, consisting of an evaluation plan with suggested metrics for assessing ongoing progress of the framework;

(2) Identify best practices, including those from Native Hawaiian cultural practices, with respect to children and youth who have experienced or are at risk of experiencing trauma, and their families;

(3) Provide a trauma-informed care inventory and assessment of public and private agencies and departments;

(4) Identify various cultural practices that build wellness and resilience in communities;

(5) Convene trauma-informed care practitioners so that they may share research and strategies in helping communities build wellness and resilience;

(6) Seek ways in which federal funding may be used to better coordinate and improve the response to families impacted by coronavirus disease 2019 (COVID-19), substance use disorders, domestic violence, poverty, and other forms of trauma; and make recommendations, as necessary, for a government position to communicate with federal agencies to seek and leverage federal funding with county and state agencies and philanthropical organizations; and

(7) Coordinate data collection and funding streams to support the efforts of the board.

(d) The nongovernmental members of the wellness and resilience advisory board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2023, c 87, pt of §2; am L 2025, c 21, §12]
Haw. Rev. Stat. § 346-388.1 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-388.1
Kauhale projects; requirements.
Status: in_force

(a) Any kauhale projects constructed or developed using state funds shall be connected to public utilities, including water, sewer, and electricity.

(b) The monthly rent charged to any resident of a kauhale shall not exceed thirty per cent of the area median income.

(c) If funds appropriated for construction and development of a kauhale project are used to contract for the procurement of building services and projects related to the kauhale initiative, there shall be at least two bidders for any kauhale project estimated to be over $1,000,000.

(d) The office shall conduct and complete a community consultation process prior to the construction and development of any kauhale project.

(e) Should any portion of the funds appropriated for the construction of a kauhale project be used for purposes inconsistent with the intent of the kauhale initiative or the construction is phased out and the kauhale project is contracted with a private entity, the State shall have the first right to recoup and reclaim all or a portion of the appropriated funds. [L 2025, c 309, pt of §1]
Haw. Rev. Stat. § 346-33 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-33
Assistance payments inalienable.
Status: in_force

Assistance payments and compensation paid by the department of human services to blind persons and other persons for work performed in their homes or in workshops shall be inalienable by any assignment, sale, attachment, garnishment, execution, or otherwise.
Haw. Rev. Stat. § 346-405 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-405
Reestablishing jurisdiction.
Status: in_force

A young adult who was previously under the jurisdiction of the court under this part and who was terminated from the young adult voluntary foster care program may reestablish jurisdiction by signing a new voluntary foster care agreement at which time the department and the court shall proceed pursuant to section 346-398.
Haw. Rev. Stat. § 351-87 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-87
Lien in favor of State.
Status: in_force

The failure of any person, firm, corporation, partnership, association, or legal entity to pay moneys over to the commission in accordance with this part shall create a debt owing to the commission from that person, firm, corporation, partnership, association, or legal entity and shall constitute a preferential lien in favor of the State which may be collected by the commission by civil process.
Haw. Rev. Stat. § 353C-13 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-13
Statewide law enforcement training center; law enforcement complex.
Status: in_force

There is established within the department a department of law enforcement training center. The center shall provide training and administer certification requirements of all state department of law enforcement personnel who exercise police powers in the State, and be available for all county law enforcement agencies. Such training shall conform to uniform statewide standards set by the law enforcement standards board pursuant to chapter 139. The center shall operate and maintain such facilities as are necessary to conduct training and certification under this section. A new law enforcement complex at the Mililani technology park, Oahu, is also established, to be administered by the department of law enforcement for multi-purpose law enforcement use to consolidate and support:

(1) The respective headquarters and administrative services of the affected functions involved;

(2) Training; and

(3) Related support services and facilities,

as required by law for the department of law enforcement to operate and function. [L 2022, c 278, §7]
Haw. Rev. Stat. § 356D-54 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-54
Sheriff or police to assist.
Status: in_force

The authority, in taking, seizing, holding, retaining, or selling any personal property pursuant to sections 356D-52 and 356D-53, may require the assistance of the sheriff or any authorized police officer of any county. Any sheriff or officer, when required, shall assist the authority.
Haw. Rev. Stat. § 346-7 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-7
Acceptance of grants-in-aid or outright grants.
Status: in_force

(a) The department of human services may accept, at any time, grants-in-aid or outright grants from the federal government or any department thereof for general assistance, medical assistance, care of transients, and other nonresidents, and cooperate with the federal government in connection therewith.

(b) The department shall submit a report detailing all funds received under this section to the legislature no later than twenty days prior to the convening of each regular session. [L 1941, c 296, pt of §1; RL 1945, §4823; RL 1955, §108-3; HRS §346-7; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 280, §58]
Haw. Rev. Stat. § 346-37.2 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-37.2
Department subrogated to rights.
Status: in_force

The department shall be subrogated to the right of such child or children or person having the care, custody, and control of such child or children to the debt created under section 346-37.1. Any judicial or administrative action to collect the debt for the department shall be undertaken by the child support enforcement agency under chapter 576D.
Haw. Rev. Stat. § 367-4 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-4
County committees on status of women, membership, organization, etc.
Status: in_force

The mayor of each county shall appoint a county committee on the status of women charged with the duty and responsibility of developing information as the state commission on the status of women requires or as the committee deems advisable concerning the status of women within the respective counties; and other appropriate duties and responsibilities as may be deemed necessary by each county. The committees shall submit to the state commission, plans and proposals affecting the status of women in the several counties. Each county committee shall endeavor to secure the widest possible citizen participation in its efforts and, for this purpose, may utilize existing public or private organizations. The membership of each county committee shall include, ex officio, the county attorney or corporation counsel and the county representative of the commission on the status of women. The other members shall be selected on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the status of women within the county and their knowledge of local conditions. The chairperson shall be elected annually from the nongovernmental members of the committee. The terms of office of each member shall be four years. Each county committee shall meet at least four times a year. The members of the county committees shall receive no compensation for their services. The respective county legislative bodies are authorized to make appropriations to meet the necessary expenses of the committees.
Haw. Rev. Stat. § 354D-7 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-7
Pricing.
Status: in_force

(a) The administrator, with the approval of the director, shall determine the prices at which all goods and services produced are sold. The prices shall be as near to the prevailing market prices for similar goods and services as practicable.

(b) The administrator shall prepare catalogs containing the description of all goods and services produced with the price of each item. Copies of the catalogs shall be made available to the State, the counties, and the federal government.

(c) The administrator shall ensure that the quality of goods and services produced is comparable to similar goods and services available from the private sector. For sales to the State or the counties, the quality of the goods or services shall be consistent with the specifications for the goods or services requested. [L 1990, c 341, pt of §1]
Haw. Rev. Stat. § 346-53 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53
Determination of amount of assistance.
Status: in_force

(a) This subsection does not apply to general assistance to households without minor dependents. The standard of need shall equal the poverty level established by the federal government in 2006, prorated over a twelve-month period based on family size.

The assistance allowance provided shall be based on a percentage of the standard of need. For other work eligible households and non-work eligible households and households in which all caretaker relatives are minors, living independently with minor dependents and attending school, the assistance allowance shall be set no higher than sixty-two and one-half per cent and no lower than forty-four per cent of the standard of need. For all other households, the assistance allowance shall be set no higher than sixty-two and one-half per cent of the standard of need and set no lower than thirty-four per cent of the standard of need. The standard of need shall be determined by dividing the 2006 federal poverty level by twelve and rounding down the quotient. The remaining quotient shall be multiplied by the per cent as set by the director by rules pursuant to chapter 91, and the final product shall be rounded down to determine the assistance allowance; provided that:

(1) The department may increase or reduce the assistance allowance as determined in this subsection for work eligible households for the purpose of providing work incentives or services under part XI;

(2) No reduction shall be allowed that jeopardizes eligibility for or receipt of federal funds;

(3) Reductions in the assistance allowance shall be limited to no more than one per year; and

(4) No work eligible household, which includes an adult who has received sixty cumulative months of temporary assistance to needy families with minor dependents, shall be eligible for an assistance allowance, unless authorized by federal regulations.

(b) The director shall determine the allowance for general assistance to households without minor dependents based upon the total amount appropriated for general assistance to households without minor dependents, among other relevant factors.

(c) The director, pursuant to chapter 91, shall determine the rate of payment for domiciliary care, including care provided in licensed developmental disabilities domiciliary homes, community care foster family homes, and certified adult foster homes, to be provided to recipients who are eligible for federal supplemental security income or public assistance, or both. The director shall provide for level of care payment and needs allowance as follows:

(1) For adult residential care homes classified as facility type I, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, the state supplemental payment, which includes the care rate and needs allowance, shall not exceed $829; and

(2) For adult residential care homes classified as facility type II, the state supplemental payment, which includes the care rate and needs allowance, shall not exceed $937.

If the operator does not provide the quality of care consistent with the needs of the individual to the satisfaction of the department, the department may remove the recipient to another facility.

The department shall handle abusive practices under this section in accordance with chapter 91.

Nothing in this subsection shall allow the director to remove a recipient from an adult residential care home or other similar institution if the recipient does not desire to be removed and the operator is agreeable to the recipient remaining, except where the recipient requires a higher level of care than provided or where the recipient no longer requires any domiciliary care.

(d) On July 1, 2006, and thereafter, as the department determines a need, the department shall authorize a payment, as allowed by federal law, for resident clients receiving supplemental security income in adult residential care home type I and type II facilities, licensed developmental disabilities domiciliary homes as defined under section 321-15.9, community care foster family homes as defined under section 321-481, and certified adult foster homes as defined under section 321-11.2, when state funds appropriated for the purpose of providing payments under subsection (c) for a specific fiscal year are not expended fully within a period that meets the requirements of the department's maintenance of effort agreement with the Social Security Administration.

The payment shall be made with that portion of state funds identified in this subsection that has not been expended.

The department shall determine the rate of payment to ensure compliance with its maintenance of effort agreement with the Social Security Administration.

(e) The department shall pay rental and utility (to include gas, electricity, and water only) deposits once only for any person eligible for financial assistance by the department. However, under extraordinary circumstances as determined by the department, an additional rental deposit, utility deposit, or both, may be granted.

(f) Any recipient may petition the department for additional assistance when the recipient's need is due to emergencies caused by seismic wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, flood, or fire determined by the director to have caused losses as to require and justify additional assistance from the State. In addition, any recipient may petition the department for additional assistance for the replacement or repair of household appliances. The additional assistance shall be paid on an emergency basis, as determined by the department, to meet the cost of replacing or repairing household appliances. If the cost of repairs of household appliances is less than one-half the unit cost of the item, the department shall pay for the cost of repairs. If the cost of repairs of household appliances is one-half the unit cost of the item or more, the department shall replace the household appliance; provided that the replacement cost shall not exceed $350. For the purposes of this subsection, "household appliances" means a refrigerator or a range.

The department shall establish an emergency fund, not to exceed one per cent of total financial assistance from state funds required by this chapter in the previous fiscal year. The director shall adopt rules pursuant to chapter 91 for determining in which cases to grant lump sum payments to recipients petitioning for additional assistance.

(g) The department shall include protective child care payment as a special needs item in the financial assistance standard for cases of child neglect or abuse requiring placement of a child in child care. The referral for protective child care payment shall be from the department's child welfare program and the rate of payment shall be set by the department.

(h) The director shall adopt rules pursuant to chapter 91 to implement this section. [L 1975, c 145, pt of §1(3); am L 1976, c 73, §3; am L 1978, c 104, §1 and c 107, §6; am L 1979, c 52, §§3, 5; am L 1980, c 120, §3; am L 1983, c 196, §2; am L 1985, c 272, §9; gen ch 1985; am L 1987, c 25, §1 and c 344, §2; am L 1988, c 213, §1 and c 327, §2; am L 1989, c 154, §2, c 233, §1, and c 379, §1; am L 1990, c 321, §2; am L 1993, c 356, §2; am L 1995, c 70, §1 and c 166, §1; am L 1996, c 300, §§4, 6; am L 1997, c 200, §§5, 9, 11 and c 340, §2; am L 1998, c 127, §§4, 5; am L 2000, c 80, §1; am L 2005, c 168, §3; am L 2006, c 265, §§1, 2 and c 287, §2; am L 2007, c 237, §4; am L 2008, c 220, §12 as superseded by L Sp 2008, c 11, §12; am L 2009, c 101, §2; am L 2012, c 93, §3; am L 2024, c 20, §1; am L 2025, c 45, §2]
Haw. Rev. Stat. § 356D-67 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-67
Appeals.
Status: in_force

An aggrieved party may secure a review of any final judgement of the circuit court under this subpart by appeal to the appellate courts, subject to chapter 602. The appeal shall be taken in the manner provided in the rules of court.
Haw. Rev. Stat. § 353G-3 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-3
Mandatory drug testing of repeat offenders.
Status: in_force

(a) Any inmate who has been convicted of an offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to submit to drug testing.

(b) Drug tests shall be administered by the department of corrections and rehabilitation, in accordance with drug testing standards or rules adopted by the department of health that ensure fair, accurate, and reliable testing and confirmatory procedures and protect the chain of custody as required by section 329B - 2.5(4). The sample or specimen used in the drug test shall be provided by or taken from the inmate in a medically safe and appropriate manner.

(c) The test shall be performed as soon as practicable after conviction and prior to the release of the inmate. If an inmate has not undergone a drug test prior to the time of release, submission to a drug test shall be a condition of the inmate's release pursuant to section 353G - 7. [L 1998, c 152, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 363-3.5 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-3.5
Advisory board on veterans' services; appointment; duties.
Status: in_force

(a) There shall be a policy advisory board on veterans' services within the office of veterans' services. The board shall consist of nine members appointed by the governor as provided in section 26-34. Five members shall be veterans, and there shall be at least one member residing in each of the counties of Maui and Kauai. The county of Hawaii shall be represented by two members, one member shall reside in east Hawaii and one member shall reside in west Hawaii. Four members shall reside in the city and county of Honolulu. At least three members shall be women. The director of health, the director of human services, the director of labor and industrial relations, and the adjutant general shall serve as ex officio[,] nonvoting members. The director for the office of veterans' services shall serve as an ex officio[,] voting member. The chairperson of the board shall be elected by the majority of the board. The members shall serve without compensation but shall be allowed their actual and necessary expenses incurred in the performance of their duties.

(b) The advisory board shall advise the director in, but not limited to, the following areas:

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

(2) The development of position statements and papers;

(3) Advocacy and legislative actions; and

(4) Program development and operations. [L 1988, c 115, §7; am L 2007, c 12, §2; am L 2009, c 71, §1]
Haw. Rev. Stat. § 363-11 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-11
Special housing for disabled veterans.
Status: in_force

The office shall develop rules to specify the amount to be provided a veteran for the purpose of bearing the cost not borne by the federal government for a specially designed home for disabled veterans. The veteran must have been a bona fide resident of the State before entering active service with the armed forces and must qualify for a federal grant under the Department of Veterans Affairs' Specially Adapted Housing program. In no event shall the State pay a qualified veteran a share greater than the federal government toward the purchase or remodeling of such home.

The moneys provided shall be expended only on vouchers drawn by the comptroller based on application therefor approved by the office in accordance with this section, to the extent permitted by the applicable appropriation. [L 1949, c 225, §§1, 2; am L 1953, c 106, §4; am L 1955, c 228, §1; RL 1955, §348-7; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §20; HRS §363-11; am L 1970, c 105, §5; am L 1981, c 223, §2; am L 1987, c 339, §4; am L 1988, c 115, §6; am L 2017, c 12, §1]
Haw. Rev. Stat. § 352-23.5 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-23.5
Gender-responsive, community-based programs for female adjudicated youth.
Status: in_force

Subject to funding by the legislature, the office of youth services shall develop and make available gender-responsive, community-based programs for female adjudicated youth by providing female adjudicated youth the appropriate range of opportunities to ensure that their needs are met. Program models designed to address the needs of female adjudicated youth shall include but are not limited to:

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

(2) Individualized case management to help female juvenile 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; 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 female adjudicated youth and their families to promote successful reentry into their families, schools, and communities;

(8) Highly skilled staff experienced in working with female adjudicated youth and their concerns;

(9) Formal recognition of participant achievement;

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

(11) Assistance for female adjudicated youth who need to develop a marketable job skill and a career plan;

(12) Geographical proximity to children and family;

(13) Preparation of female adjudicated youth for the resumption of their education; and

(14) The goal of providing a gender-responsive continuum of care. [L 2006, c 258, §3]
Haw. Rev. Stat. § 356D-20 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-20
Duty to make reports.
Status: in_force

Except as otherwise provided by law, the authority shall be responsible for the following reports:

(1) The authority shall file at least once a year with the governor a report of its activities for the preceding fiscal year;

(2) The authority shall report to the comptroller on moneys deposited in depositories other than the state treasury under section 40-81, and rules adopted thereunder; and

(3) The authority shall submit an annual report to the legislature on all authority program areas and funds organized by program area, and by fund within each program area, no later than twenty days prior to the convening of each regular session, that shall provide the following information on the status of its programs and finances:

(A) A description of programs being developed in the current fiscal biennium, including a summary listing of the programs, the status of each program, the methods of project financing or loans, and other information deemed significant;

(B) A description of programs planned for development during the two ensuing fiscal bienniums, including a summary listing of the proposed programs, the methods of project financing or loans, and other information deemed significant;

(C) A status report of actual expenditures made in the prior completed fiscal year from each fund and agent established under this chapter, estimated expenditures anticipated for the current fiscal year, and projected expenditures for the ensuing fiscal years to be described in relation to specific projects developed to implement the purposes of any program, fund, or agent established under this chapter;

(D) A financial audit and report conducted on an annual basis by a certified public accounting firm; and

(E) Recommendations with reference to any additional legislation or other action that may be necessary to carry out the purposes of this chapter. [L 2006, c 180, pt of §2; am L 2025, c 155, §2]
Haw. Rev. Stat. § 356D-35 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-35
§§356D-35 to 356D-39 Reserved.
Status: reserved

§§356D-35 to 356D-39 Reserved.
Haw. Rev. Stat. § 356D-63 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-63
Hearings.
Status: in_force

(a) When the authority proposes to terminate a lease, rental agreement, permit, or license and evict a tenant under section 356D-62, a hearing shall be held to determine whether cause exists for the action. The authority shall give written notice to the tenant specifying the reason for the eviction and the date, time, and place of the hearing. The written notice shall further inform the tenant of the right to inspect and copy the tenant's file at the tenant's expense before the hearing is held. The written notice shall be given at least five days before the date of the hearing. At the hearing, before final action is taken, the tenant shall be entitled to be heard in person or through counsel, and granted a full and fair hearing in accordance with the requirements of a contested case hearing under sections 91-9 and 91-10 to 91-13. This full and fair hearing shall be deemed to be a contested case hearing before the authority pursuant to chapter 91.

(b) Hearings shall be conducted by an eviction board appointed by the authority. The eviction board shall consist of no fewer than two persons, and no more than three persons, of which one member shall be a tenant. If feasible, the eviction board may conduct hearings using video conferencing technology; provided that these hearings shall be conducted pursuant to chapter 91. The findings, conclusions, decision, and order of the eviction board shall be final unless an appeal is taken pursuant to section 91-14.

(c) The eviction board shall have the same powers with respect to administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as those of the circuit courts. In case of a violation by any person of any order of the eviction board, or of any subpoena issued by the eviction board, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, a circuit court judge, upon application by the eviction board, may compel compliance with the order or subpoena, or compel testimony. [L 2018, c 204, pt of §1]
Haw. Rev. Stat. § 350-6 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-6
§§350-6 and 350-7 REPEALED.
Status: repealed

§§350-6 and 350-7 REPEALED. L 1987, c 204, §§9, 10.
Haw. Rev. Stat. § 348-1 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-1
State vocational rehabilitation; policy and scope.
Status: in_force

(a) Vocational rehabilitation services shall be provided to handicapped individuals throughout the State in accordance with this chapter and within the limits of available federal, state, and private funds. The vocational rehabilitation plan, formulated in conformance with the Federal Vocational Rehabilitation Act, as amended, and adopted pursuant to this chapter, shall be in effect in all political subdivisions of the State.

(b) The acceptance of federal funds, donations, grants-in-aid, and outright grants, for use in carrying out the purposes of this chapter, is authorized, provided restrictions imposed by the donor are not inconsistent with this chapter. [L 1955, c 231, pt of §2; RL 1955, §42-30; HRS §348-1; am L 1969, c 53, §1; am L 1979, c 188, §1(1)]
Haw. Rev. Stat. § 350-1.2 — HI Code / Division 1 / Title 20 / Chapter 350 / Section 350-1.2
Nonreporting; penalty.
Status: in_force

Any person subject to section 350-1.1(a) who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by section 350-1.1(c) or (d), shall be guilty of a petty misdemeanor.
Haw. Rev. Stat. § 363-3 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-3
Activities of the office.
Status: in_force

Except as otherwise provided by law, the office shall:

(1) Maintain or cause to be maintained, subject to the control and supervision of the office, a center to which veterans, including their families and dependents, may come for information, counsel, aid, and assistance, and by which they may be directed or referred to any agency in the community whose function it is, by law or otherwise, to provide the services, assistance, or benefits which in each instance appear necessary or appropriate. Agencies to which any referrals may be made shall include, but are not limited to, departments and divisions of the federal and state governments, veterans' organizations, and so-called "private" social agencies;

(2) Assume the initiative, in cooperation with agencies in the community, for coordinating all services now available, and which hereafter may become available, for the use and benefit of veterans, including their families and dependents, to the end that maximum effectiveness of the services may be realized, and overlapping and duplication of effort as between agencies may be minimized;

(3) Assemble, analyze, compile, and disseminate factual, up-to-date information with respect to:

(A) Benefits, rights, and services of whatever nature to which veterans, including their families and dependents, are entitled, or which may be available to them; and

(B) The structure, functions, area of service, and other pertinent information regarding each agency and organization participating in the veterans' assistance program in the State;

(4) Cooperate with federal departments and other agencies which, by law, have responsibility for the administration of rights and benefits granted by the federal government to veterans, including their families and dependents;

(5) As soon as possible after the close of each fiscal year, compile and submit to the governor, for such use or distribution as the governor may deem appropriate, a comprehensive report of the activities and operations of the office, and of all disbursements and expenditures authorized by the office under this section;

(6) Inspect every three years all state war memorials and veterans' cemeteries for repair and maintenance deficiencies, and report all repair and maintenance problems at these memorials and cemeteries to the adjutant general, the comptroller, and the legislature prior to the start of the next regular session; and

(7) Organize, coordinate, and conduct a biennial Hawaii veterans summit. The summit shall assemble any department or division of the federal or state government, veterans' organizations, or any other entity in the community whose function is, by law or otherwise, to provide services, assistance, or benefits to assist veterans and their families and dependents, to discuss and collaborate on issues affecting veterans and their families and dependents. The issues to be addressed shall include benefits, rights, and services available to veterans, and any other pertinent information on assistance for veterans and their families and dependents. [L 1951, c 75, §6; RL 1955, §349-6; am L Sp 1959 2d, c 1, §20; HRS §363-3; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4; am L 1988, c 115, §5; am L 1995, c 63, §2; am L 1997, c 360, §1; am L 2018, c 52, §1]
Haw. Rev. Stat. § 346-166 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-166
Records.
Status: in_force

Every group child care home and group child care center shall keep such records and shall file with the department of human services such reports as required by rules adopted by the department. All records and all information obtained concerning children or their parents or relatives shall be kept confidential by the provider and by members of any department herein named.
Haw. Rev. Stat. § 346-164 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-164
Suspension and revocation of licenses and permits; reissuance.
Status: in_force

Any license or temporary permit issued under this subpart may be suspended or revoked by the department of human services after due notice and hearing, the provisions for which shall be made in the rules. However, upon a determination by the department that conditions exist which constitute an imminent danger to the health, welfare, or safety of the children cared for, a license or temporary permit may be immediately suspended pending a hearing by the department as herein provided. The department, in its discretion, may reissue a license or temporary permit which has been suspended or revoked upon satisfying itself that minimum standards have been or will be met.
Haw. Rev. Stat. § 346-230 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-230
Termination of services.
Status: in_force

(a) The department shall act only with the consent of the vulnerable adult, unless the department obtains court authorization to provide necessary services, as provided in section 346-231. Investigation and services provided under this part shall be immediately terminated if:

(1) The vulnerable adult has the capacity to consent and either does not consent or withdraws consent to the receipt of protective services;

(2) The department determines that protection is no longer needed under this part; or

(3) The court so orders.

(b) Upon the department's determination that protective services are no longer needed, the vulnerable adult shall be referred to the agency responsible for follow-up services. For the mentally ill or adults with developmental or intellectual disabilities, the state agency designated to provide services shall be the department of health. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; amL 1992, c 62, §2; am L 2008, c 154, §12; am L 2011, c 220, §4]
Haw. Rev. Stat. § 356D-2 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-2
Hawaii public housing authority; establishment, staff.
Status: in_force

(a) There is established the Hawaii public housing authority to be placed within the department of human services for administrative purposes only. The authority shall be a public body and a body corporate and politic.

(b) The authority shall employ, exempt from chapter 76 and section 26-35(a)(4), an executive director, an executive assistant, a chief financial management advisor, a property management branch chief, a chief planner, and a redevelopment officer, whose salaries shall be set by the board established under section 356D-3; provided that no salary shall exceed the governor's salary. The authority may employ, subject to chapter 76, technical experts and officers, agents, and employees, permanent or temporary, as required. The authority may also employ officers, agents, and employees; prescribe their duties and qualifications; and fix their salaries, not subject to chapter 76, when in the determination of the authority, the services to be performed are unique and essential to the execution of the functions of the authority; provided that if the authority hires an officer, agent, or employee in a capacity not subject to chapter 76, the authority shall include in an annual report to the legislature, to be submitted not later than twenty days prior to the convening of each regular session, the position descriptions and reasons for hiring the personnel in a civil service exempt capacity. The authority may call upon the attorney general for legal services as it may require. The authority may delegate to one or more of its agents or employees the powers and duties it deems proper. [L 2006, c 180, pt of §2; am L 2013, c 152, §1]
Haw. Rev. Stat. § 351-62 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-62
Limitations upon award of compensation.
Status: in_force

(a) No order for the payment of compensation shall be made under this chapter unless the application has been made within eighteen months after the date of injury, death, or property damage; provided that upon a showing of good cause, the commission may consider applications filed beyond this time period.

(b) No compensation shall be awarded under this chapter in an amount in excess of $10,000; provided that, if a case involves compensable medical expenses in excess of $10,000, no compensation shall be awarded in excess of $20,000 or the actual amount of compensable medical expenses, whichever is lower. In determining the amount of compensable medical expenses to be awarded, the commission shall deduct amounts or benefits as provided under section 351-63. [L 1967, c 226, pt of §1; HRS §351 - 62; am L 1989, c 177, §10; am L 2002, c 97, §1]
Haw. Rev. Stat. § 346D-4.5 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-4.5
Needs allowance; waiver program individuals.
Status: in_force

(a) There may be established a monthly needs allowance for individuals living in:

(1) Adult residential care home type I and type II facilities;

(2) Licensed developmental disabilities domiciliary homes as defined in section 321-15.9;

(3) Community care foster family homes as defined in section 321-481;

(4) Certified adult foster homes as defined in section 321-11.2;

(5) Domiciliary care as defined in section 346-1;

(6) A nursing facility; or

(7) A community-based residence as part of the residential alternatives community care program.

(b) The needs allowance may be administered by the department of human services to pay for clothing and other personal miscellaneous needs, such as bus fare, personal postage costs, haircuts, and other costs of day-to-day living.

(c) The State's supplemental payment, as authorized by section 346-53(c)(1) and (2), for a needs allowance under subsection (a) shall be increased by an amount necessary to bring the allowance up to $75 per month. The payment under this section shall be afforded to an individual notwithstanding that the individual is incapacitated; provided that the moneys may be spent on behalf of the client, with a written accounting, by the operator of the residence or facility.

(d) The needs allowance is not intended to replace or affect the funds received from the federal supplemental security income program and shall be supplemental to any funds provided to a recipient by the federal supplemental security income program.

(e) The operators of facilities identified in subsection (a) shall pay for generic toiletries, including toilet paper, hand soap, and paper towels; linens, including bedding, sheets, blankets, towels, and bath towels; and meals and snacks for outings; provided that operators shall not use the needs allowance without the consent of the individual receiving the needs allowance.

(f) The needs allowance shall apply to persons otherwise eligible to receive monthly income pursuant to state law or rules and federal laws or regulations and is not intended to affect the classifications of, or number of, persons eligible to receive these funds. [L 2007, c 96, §2; am L 2012, c 93, §5; am L 2023, c 109, §4; am L 2024, c 18, §2; am L 2025, c 45, §3]
Haw. Rev. Stat. § 356D-108 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-108
§§356D-108 to 356D-119 Reserved.
Status: reserved

§§356D-108 to 356D-119 Reserved.
Haw. Rev. Stat. § 350E-7 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-7
Chapters not applicable.
Status: in_force

The provision under any other chapter shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.
Haw. Rev. Stat. § 355D-5 — HI Code / Division 1 / Title 20 / Chapter 355D / Section 355D-5
Contracts.
Status: in_force

The director of corrections and rehabilitation may enter into such contracts on behalf of the State as may be appropriate to implement the participation of the State in the Interstate Corrections Compact pursuant to article III thereof. No such contract shall be of any force or effect until approved by the governor and comptroller.
Haw. Rev. Stat. § 346-3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-3
Compensation of employees.
Status: in_force

The compensation of all personnel in the department of human services shall be fixed by the director of human services pursuant to any applicable classification law.
Haw. Rev. Stat. § 356D-44 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-44
Administration of state low-income public housing projects and programs.
Status: in_force

(a) The authority shall construct, develop, and administer property or housing for the purpose of state low-income public housing projects and programs.

(b) The authority shall offer any decommissioned low-income public housing project, except for federal housing projects, to nonprofit or for-profit organizations or government agencies for rehabilitation into emergency or transitional shelter facilities for the homeless or rehabilitation into rental units that set aside at least fifty per cent of the units to persons or families with incomes at or below fifty per cent of the area median family income; provided that:

(1) The housing project is wholly owned by the State on either state-owned or ceded lands;

(2) The authority has determined that the housing project is not eligible for rehabilitation using the authority's current resources; and

(3) The nonprofit or for-profit organization or government agency demonstrates expertise in rehabilitation of housing projects and has community, public, and private resources to substantially pay for the rehabilitation.

The land and improvements may be leased to the nonprofit or for-profit organization or government agency for a period not to exceed ninety-nine years for a sum of $1 per year.

(c) The authority shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the state low-income housing projects or programs and to carry out any state program under subsection (a). [L 2006, c 180, pt of §2; am L 2007, c 249, §35; am L 2017, c 114, §2]
Haw. Rev. Stat. § 356D-70 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-70
Renumbered as §356D-60.
Status: in_force

§356D-70 Renumbered as §356D-60.
Haw. Rev. Stat. § 368-4 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-4
Records; confidentiality; disclosure; reporting requirements.
Status: in_force

(a) All records of the investigation arising from a complaint filed with the commission shall be kept confidential and shall not be disclosed to anyone; provided that any factual matters provided to the commission during the intake and investigation of the complaint, including complainant and respondent statements and documents, pre-complaint questionnaires, witness statements for which the witness has not requested confidentiality or for whom the commission has not approved confidentiality pursuant to subsection (c), other documents received from witnesses, and correspondence with parties and witnesses may be disclosed:

(1) As may be required by order of a court with jurisdiction in a case arising from a complaint filed with the commission; or

(2) As may be requested by a party in a complaint filed with the commission, if a complainant verifies in writing that the complainant has received a notice of right to sue pursuant to section 368 - 12 and a civil action has been filed or the right to sue has not expired, or if a respondent verifies in writing that the complainant has filed a civil action.

(b) All records of non-factual matters relating to the investigation and arising from a complaint filed with the commission, including:

(1) Settlement discussions;

(2) Financial records;

(3) Commission attorney communications and work products;

(4) Confidential witness statements; and

(5) Commission investigatory procedures, including but not limited to:

(A) Training and educational discussions between staff;

(B) The case analysis manual;

(C) Procedures and standards used in case analysis;

(D) Investigatory directives;

(E) Investigative plans, strategies, or goals;

(F) Case reviews; and

(G) Investigator notes, impressions, recommendations, and reports;

shall be considered confidential records except as otherwise provided by law.

(c) In making a determination to approve or deny a request that a witness' identity or statement be kept confidential, the commission shall consider:

(1) The relevance, materiality, and importance of the witness' statement;

(2) The likelihood that the witness' statement could not be obtained without approval of a request that the witness' identity or statement be kept confidential; and

(3) A reasonable and clearly definable fear by the witness that the witness or any other clearly identified person would suffer serious bodily or economic harm, retaliation, or termination of employment, if the witness' identity or statement were not kept confidential.

(d) The disclosure of records that are not related to the investigation arising from a complaint filed with the commission shall be subject to chapter 92F.

(e) The commission shall maintain complete records of all complaints filed with the commission and shall compile annual statistical data on the number of complaints filed and the status or disposition of those complaints by types of complaints.

(f) As used in this section, a "confidential witness statement" means:

(1) A statement from a person who is not a complainant or respondent to a complaint filed with the commission;

(2) Who requests their identity or statement be kept confidential; and

(3) The commission approves the request for confidentiality pursuant to subsection (c).

(g) The commission shall provide to the governor and the legislature a report of that statistical data compiled pursuant to subsection (e) on an annual basis, not less than thirty days prior to the convening of the legislative session. [L 1988, c 219, pt of §1; am L 1989, c 386, §7; am L 1994, c 139, §1; am L 2010, c 139, §3]
Haw. Rev. Stat. § 346-59 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59
Medical care payments.
Status: in_force

(a) The department shall adopt rules under chapter 91 concerning payment to providers of medical care. The department shall determine the rates of payment due to all providers of medical care, and pay such amounts in accordance with the requirements of the appropriations act and the Social Security Act, as amended. Payments to critical access hospitals for services rendered to medicaid beneficiaries shall be calculated on a cost basis using medicare reasonable cost principles.

(b) [Subsection effective prior to approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. For subsection effective upon approval of the Hawaii Medicaid state plan, see below.] Rates of payment to providers of medical care who are individual practitioners, including doctors of medicine, dentists, podiatrists, psychologists, osteopaths, optometrists, and other individuals providing services, shall be based upon the Hawaii medicaid fee schedule. The amounts paid shall not exceed the maximum permitted to be paid individual practitioners or other individuals under federal law and regulation, the medicare fee schedule for the current year, the state limits as provided in the appropriation act, or the provider's billed amount.

The appropriation act shall indicate the percentage of the medicare fee schedule for the year 2000 to be used as the basis for establishing the Hawaii medicaid fee schedule. For any subsequent adjustments to the fee schedule, the legislature shall specify the extent of the adjustment in the appropriation act.

(b) [Subsection effective upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. For subsection effective prior to approval of the Hawaii medicaid state plan, see above.] Rates of payment to providers of medical care who are individual practitioners, including doctors of medicine, dentists, podiatrists, psychologists, osteopaths, optometrists, pharmacists, and other individuals providing services, shall be based upon the Hawaii medicaid fee schedule. The amounts paid shall not exceed the maximum permitted to be paid individual practitioners or other individuals under federal law and regulation, the medicare fee schedule for the current year, the state limits as provided in the appropriation act, or the provider's billed amount.

The appropriation act shall indicate the percentage of the medicare fee schedule for the year 2000 to be used as the basis for establishing the Hawaii medicaid fee schedule. For any subsequent adjustments to the fee schedule, the legislature shall specify the extent of the adjustment in the appropriation act.

(c) In establishing the payment rates for other noninstitutional items and services, the rates shall not exceed the current medicare payment, the state limits as provided in the appropriation act, the rate determined by the department, or the provider's billed amount.

(d) Payments to 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 may be made on a prepaid basis. The rate of payment per participating recipient shall be fixed by contract, as determined by the department and the health maintenance organization or the prepaid health plan, but shall not exceed the maximum permitted by federal rules and shall be less than the federal maximum when funds appropriated by the legislature for such contracts require a lesser rate. For purposes of this subsection, "health maintenance organizations" are entities approved as such, and "prepaid health plans" are entities designated as such by the Department of Health and Human Services; and "risk" means the possibility that the health maintenance organization or the prepaid health plan may incur a loss because the cost of providing services may exceed the payments made by the department for services covered under the contract.

(e) The department shall prepare each biennial budget request for a medical care appropriation based upon the most current Hawaii medicaid fee schedule available at the time the request is prepared.

The director shall submit a report to the legislature on or before January 1 of each year indicating an estimate of the amount of money required to be appropriated to pay providers at the maximum rates permitted by federal and state rules in the upcoming fiscal year. [L 1976, c 150, §2; am L 1979, c 220, §1; am L 1983, c 252, §1; am L 1986, c 107, §1; am L 1987, c 290, §2; am L 1988, c 308, §1; am L 1990, c 263, §§2, 3; am L 2000, c 226, §§4, 9; am L 2001, c 29, §§2, 4; am L 2002, c 16, §28; am L 2004, c 148, §2; am L 2025, c 220, §5]
Haw. Rev. Stat. § 353-21 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-21
Withdrawals; forfeitures; etc.
Status: in_force

The department shall allow any committed person under its direction to draw from funds in the committed person's account such amounts and for such purpose as it may deem proper. Upon the parole or discharge of a committed person, the department shall pay the committed person any money to which the committed person may be entitled under this chapter. Upon the death of any committed person during incarceration, all funds to which the committed person may have been entitled shall be distributed as provided by law in the same manner as the committed person's other property; provided that the funds shall first be used to satisfy any restitution order in that committed person's name or any reimbursements to the State the director has determined is owed by the committed person.
Haw. Rev. Stat. § 346-42 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-42
Administrative inspections and warrants.
Status: in_force

(a) Issuance and execution of administrative inspection warrants shall be as follows:

(1) A judge of the circuit court, or any district judge within the judge's jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder, and seizures of the property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify administrative inspection of the area, premises, building, conveyance or records in the circumstances specified in the application for the warrant;

(2) A warrant shall issue only upon an affidavit of an individual having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the issuance exist or that there is probable cause to believe they exist, the judge shall issue a warrant identifying the area, premises, building, conveyance or records to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:

(A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

(B) Be directed to a person authorized by the attorney general or the director of human services to execute it;

(C) Command the person to whom it is directed to inspect the area, premises, building, conveyance or records identified for the purpose specified and, if appropriate, use reasonable force in conducting the inspection authorized by the warrant and direct the seizure of the property specified;

(D) Identify the item or types of property to be seized, if any;

(E) Direct that it be served during normal business hours and designate the judge to whom it shall be returned;

(3) A warrant issued pursuant to this section must be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;

(4) The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the issuing court.

(b) The designated representative of the attorney general or the department may make administrative inspections of provider premises in accordance with the following provisions:

(1) For purposes of this section only, "provider premises" means:

(A) Places where providers are required to keep records; and

(B) Places where providers conduct business related to their receipt of payments from the medicaid program for health care, service or supplies.

(2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) the representative upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter providers premises for the purpose of conducting an administrative inspection.

(3) When authorized by an administrative inspection warrant, the representative may:

(A) Inspect and copy records required by this chapter to be kept;

(B) Retain records required by this chapter to be kept for a reasonable period of time, not to exceed forty-eight hours, for the purpose of examination, audit, copying, testing or photographing;

(C) Inspect, examine and test diagnostic devices used in the provision of health care, service or supplies to a medicaid recipient;

(D) Inventory any stock of any substance used in the provision of health care, service or supplies to a medicaid recipient and to obtain samples thereof;

(E) Inspect, examine and test, within reasonable limits and in a reasonable manner, provider premises and equipment as necessary to assure compliance with this chapter.

(4) This section does not prevent the inspection without a warrant of property, books and records pursuant to an administrative subpoena issued in accordance with law, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

(A) If the owner, operator, or agent in charge of the provider premises consents;

(B) In situations presenting imminent danger to health or safety;

(C) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(D) In all other situations in which a warrant is not constitutionally required. [L 1978, c 105, §8; gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 346-387 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-387
Administration.
Status: in_force

(a) The office shall be headed by the coordinator on homelessness, appointed pursuant to section 346-381.5, for the proper administration and enforcement of this subpart.

(b) The coordinator shall report directly to the director and appoint staff as may be necessary.

(c) The employees of the office shall be appointed without regard to chapter 76. [L 2022, c 252, pt of §2; am L 2025, c 309, §12]
Haw. Rev. Stat. § 352-13 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-13
Evaluation, counseling, training.
Status: in_force

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 youth correctional facilities. Counseling services shall be available for the committed person's family including a reciprocal beneficiary, during the term of commitment.
Haw. Rev. Stat. § 356D-10 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-10
Agents, including corporations.
Status: in_force

The authority may exercise any or all of the powers conferred upon it, either generally or with respect to any specific housing project through an agent that it may designate, including any corporation that is formed under the laws of this State, and for those purposes the authority may cause one or more corporations to be formed under the laws of this State or may acquire the capital stock of any corporation. Any for profit corporate agent, all of the stock of which shall be owned by the authority or its nominee, may to the extent permitted by law, exercise any of the powers conferred upon the authority in this chapter.
Haw. Rev. Stat. § 353D-2 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-2
Definitions.
Status: in_force

As used in this chapter:

"Center" means an offender family service center.

"Department" means that department of the State that has jurisdiction over the administration of the correctional facilities.

"Program" means the offender family service center program. [L 1987, c 251, pt of §1]
Haw. Rev. Stat. § 351-63 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-63
Recovery from collateral source.
Status: in_force

(a) In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and which amounts or benefits result from or are in any manner, directly or indirectly, attributable to the injury or death which gave rise to the award; provided that no deduction shall be made for death benefits received or to be received under any insurance policy covering the life of a deceased victim.

(b) Where compensation is awarded under this chapter and the person receiving same also receives any sum required to be, and that has not been deducted under subsection (a), the person shall refund to the State the lesser of the sum or the amount of the compensation paid to the person under this chapter. [L 1967, c 226, pt of §1; HRS §351 - 63; am L 1972, c 61, §1e; gen ch 1985; am L 1998, c 240, §5]
Haw. Rev. Stat. § 349-12 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-12
§§349-12 to 349-14 Renumbered as §§349-21 to 349-23.
Status: in_force

§§349-12 to 349-14 Renumbered as §§349-21 to 349-23.
Haw. Rev. Stat. § 356D-14 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-14
Federal funds outside of state treasury.
Status: in_force

Notwithstanding chapter 38, the authority may establish and manage federal funds outside of the state treasury to be used for federal housing programs. The authority shall invest the funds in permitted investments in accordance with chapter 36.
Haw. Rev. Stat. § 353-134 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-134
[ §353-134] Compliance by department; no cause of action.
Status: in_force

[ §353-134] Compliance by department; no cause of action. The department shall ensure that the offender information contained within the system is updated on a regular basis sufficient to timely notify a victim or a concerned member of the community of the offender's release, discharge, or escape. However, failure of the system to provide notice to the victim or a concerned member of the community shall not establish a separate cause of action by the victim or a concerned member of the community against the State, any county, or any state or county agency, officer, or employee.
Haw. Rev. Stat. § 347-8 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-8
Workshops.
Status: in_force

The department of human services may also, whenever it deems proper, aid blind and visually handicapped persons and others, who, in the opinion of the department, will be benefited by the experience, to become self-supporting by employing them in workshops or in their own homes at such compensation as the department may determine their services shall warrant and by furnishing them with materials, machinery, necessary supervision, and other help and facilities. No person so employed shall be deemed an employee of the State or of the department within the meaning of this or any other chapter, or any act; provided that persons employed in such workshops shall come under and be entitled to all the benefits of chapter 386 relating to workers' compensation, the cost of which shall be borne by the state insurance fund; provided further that nothing in this section shall be construed to prevent the persons so employed from being considered employees of the State or of the department for purposes of part VI, chapter 88, if they would be considered employees under Title II of the federal Social Security Act, as amended.
Haw. Rev. Stat. § 356D-97 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-97
Appeals.
Status: in_force

An aggrieved party may secure a review of any final judgment of the circuit court under this part by appeal to the appellate courts, subject to chapter 602. The appeal shall be taken in the manner provided in the rules of court.
Haw. Rev. Stat. § 350E-1 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-1
Terms and provisions of compact.
Status: in_force

The Interstate Compact on Placement of Children is hereby entered into and enacted into law with all jurisdictions legally joining therein, in form substantially as follows:

ARTICLE I. Purpose and Policy. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted.

ARTICLE II. Definitions. As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

ARTICLE III. Conditions for Placement.

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

ARTICLE IV. Penalty for Illegal Placement. The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for the children.

ARTICLE V. Retention of Jurisdiction.

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI. Institutional Care of Delinquent Children. A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII. Compact Administrator. The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII. Limitations. This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.

(b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

ARTICLE IX. Enactment and Withdrawal. This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X. Construction and Severability. The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [L 1985, c 132, pt of §1]
Haw. Rev. Stat. § 346-242 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-242
Review hearings.
Status: in_force

Except for good cause shown, the court shall set each case for a review hearing not later than six months after the date that a protective order and protective services plan are ordered by the court. Thereafter, the court shall review the matter at intervals of not longer than six months until the court's jurisdiction has been terminated. The department and the guardian ad litem, if any, shall submit a written report, with copies to the parties or their counsel, at least fifteen days prior to the date set for each review. The report shall evaluate whether the parties have complied with the terms and conditions of the protective order and protective services plan; shall recommend any modification to the order or plan; and shall recommend whether the court shall retain jurisdiction or terminate the case. At each review, the court shall determine whether the parties have complied with the terms and conditions of the order and plan; enforce sanctions for noncompliance as may be appropriate; and order revisions to the existing order or plan as are in the best interests of the vulnerable adult. At each review, the court shall make an express finding as to whether it shall retain jurisdiction or terminate the case, and, in each instance, shall state the basis for its action.
Haw. Rev. Stat. § 346-59.1 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.1
Coverage for telehealth.
Status: in_force

(a) The State's medicaid managed care and fee-for-service programs shall not deny coverage for any service provided through telehealth that would be covered if the service were provided through in-person consultation between a patient and a health care provider.

(b) [Repeal and reenactment on December 31, 2027. L 2025, c 217, §1 .] Reimbursement for services provided through telehealth via an interactive telecommunications system shall be equivalent to reimbursement for the same services provided via in-person contact between a health care provider and a patient; provided that reimbursement for the diagnosis, evaluation, or treatment of a mental health disorder delivered through an interactive telecommunications system using two-way, real-time audio-only communication technology shall meet the requirements of title 42 Code of Federal Regulations section 410.78. Nothing in this section shall require a health care provider to be physically present with the patient at an originating site unless a health care provider at the distant site deems it necessary.

(c) There shall be no geographic restrictions or requirements for telehealth coverage or reimbursement under this section.

(d) There shall be no restrictions on originating site requirements for telehealth coverage or reimbursement under this section.

(e) Services provided by telehealth pursuant to this section shall be consistent with all federal and state privacy, security, and confidentiality laws.

(f) Notwithstanding any other law to the contrary, the provisions of this section shall comply with the applicable federal requirements related to utilization, coverage, and reimbursement for telehealth services.

(g) [Repeal and reenactment on December 31, 2027. L 2025, c 217, §1.] For the purposes of this section:

"Distant site" means the location of the health care provider delivering services through telehealth at the time the services are provided.

"Health care provider" [Definition effective until approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. For definition effective upon approval of the Hawaii medicaid state plan, see below.] means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteopathic physicians licensed under chapter 453, advanced practice registered nurses licensed under chapter 457, psychologists licensed under chapter 465, and dentists licensed under chapter 448.

"Health care provider" [Definition effective upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. For definition effective prior to approval of the Hawaii medicaid state plan, see above.] means a provider of services, as defined in title 42 United States Code section 1395x(u), a provider of medical and other health services, as defined in title 42 United States Code section 1395x(s), other practitioners licensed by the State and working within their scope of practice, and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business, including but not limited to primary care providers, mental health providers, oral health providers, physicians and osteopathic physicians licensed under chapter 453, advanced practice registered nurses licensed under chapter 457, psychologists licensed under chapter 465, pharmacists licensed under chapter 461, and dentists licensed under chapter 448.

"Interactive telecommunications system" has the same meaning as the term is defined in title 42 Code of Federal Regulations section 410.78(a).

"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a health care provider through telehealth, including but not limited to a health care provider's office, hospital, critical access hospital, rural health clinic, federally qualified health center, a patient's home, and other nonmedical environments such as school-based health centers, university-based health centers, or the work location of a patient.

"Telehealth" means the use of telecommunications services, as defined in section 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site. Except as provided through an interactive telecommunications system, standard telephone contacts, facsimile transmissions, or e-mail text, in combination or alone, do not constitute telehealth services. [L 2016, c 226, §2; am L 2023, c 107, §§2, 8; am L 2025, c 220, §6]
Haw. Rev. Stat. § 346-305 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-305
Effect on prior adoption assistance agreements.
Status: in_force

Nothing in this part shall invalidate any adoption assistance agreement already entered into or benefits previously provided by the department of human services nor shall require a reduction of benefits already being provided.

Revision Note

"Part" substituted for "act" pursuant to §23G-15.
Haw. Rev. Stat. § 356D-152 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-152
Housing owner; defined.
Status: in_force

As used in this part, the term "housing owner" means:

(1) A private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, that is a mortgagor under section 202, 207, 213, 221(d)(3), 221(d)(5), or 231 of the United States Housing Act of 1937, as amended, or that conforms to the standards of those sections but that is not a mortgagor under those sections or any other private mortgagor under the United States Housing Act of 1937, as amended, for very low-income, low-income, or moderate‑income family housing, regulated or supervised under federal or state laws or by political subdivisions of the State, or agencies thereof, as to rents, charges, capital structure, rate of return, and methods of operation, from the time of issuance of the building permit for the project;

(2) Any other owner of a standard housing unit or units deemed qualified by the authority; and

(3) The authority. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 353-16.2 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16.2
Transfer of inmates to out-of-state institutions.
Status: in_force

(a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; and provided further that the transfer is either:

(1) In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or

(2) In the interest of the inmate.

(b) Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer. [L 1989, c 42, §1; am L 1992, c 267, §3; am L 1994, c 208, §2; am L 1995, c 170, §4; am L 1996, c 217, §1]
Haw. Rev. Stat. § 346-386 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-386
[ §346-386] Statewide office on homelessness and housing solutions; establishment.
Status: in_force

[ §346-386] Statewide office on homelessness and housing solutions; establishment. There is established within the department of human services, for administrative purposes only, the statewide office on homelessness and housing solutions that shall:

(1) Work with state, county, and community agencies to develop solutions to prevent and end homelessness in the State through transitional and permanent housing and supportive or assisted services, or both; and

(2) Develop and test innovative solutions to prevent and end homelessness in the State. [L 2022, c 252, pt of §2]
Haw. Rev. Stat. § 346-403 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-403
Periodic review.
Status: in_force

(a) Periodic judicial reviews shall occur not less than once every one hundred eighty days after the signing of the voluntary care agreement and may be conducted either by court hearing or court review.

(b) At the periodic review, the court shall issue the following findings:

(1) Whether the young adult continues to meet the eligibility requirements set forth in section 346-395;

(2) Whether the young adult continues to comply with the case plan developed in collaboration between the department and the young adult, and the appropriateness of the case plan; and

(3) The young adult's progress toward achieving independence. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 347-7 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-7
Agencies for information and industrial aid.
Status: in_force

The department of human services shall maintain or cause to be maintained one or more agencies for employment information and industrial aid, the object of which shall be to aid the blind and visually handicapped persons in finding employment and shall provide instruction for such persons in trades and occupations which may be followed in their homes, and shall assist such persons in whatever manner it deems advisable in disposing of the products of their home industry.
Haw. Rev. Stat. § 354D-3.5 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-3.5
Annual report.
Status: in_force

The department shall submit to the legislature an annual report at least twenty days prior to the convening of each regular session which shall include:

(1) A listing by position number and title of all positions established under section 354D-3;

(2) The salaries paid to the employees in these positions;

(3) A description of the duties and responsibilities of each employee; and

(4) The usual work site of each employee. [L 1995, c 170, §3]
Haw. Rev. Stat. § 352-6 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-6
Appropriation made out of general revenues.
Status: in_force

All appropriations for the director and for facilities under the control of the director shall be made from and out of any available moneys received from the general revenues of the State and not out of the special fund for the maintenance of public schools.
Haw. Rev. Stat. § 348-8 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-8
State rehabilitation council.
Status: in_force

(a) There is established within the department a state rehabilitation council. The council shall consist of fifteen members appointed by the governor as provided in section 26-34 and without regard to section 78-4. The members shall include:

(1) At least one representative of a parent training and information center;

(2) At least one representative of the client assistance program;

(3) At least one qualified vocational rehabilitation counselor with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member if employed by the vocational rehabilitation division of the department;

(4) At least one representative of community rehabilitation program service providers;

(5) Four representatives of business, industry, and labor;

(6) Representatives of disability advocacy groups representing a cross section of individuals with physical, cognitive, sensory, and mental disabilities, and parents, family members, guardians, advocates, or authorized representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves;

(7) Current or former applicants for or recipients of vocational rehabilitation services;

(8) At least one representative of the state educational agency responsible for the public education of students with disabilities;

(9) At least one representative of the state workforce development council; and

(10) The administrator of the vocational rehabilitation division of the department, who shall be an ex officio, nonvoting member;

provided that the council shall include at least one member from each county; and provided further that a majority of the council members shall be persons who have disabilities and are not employed by the vocational rehabilitation division of the department. The council members shall elect a chairperson from the membership. Each member of the council shall serve a three-year term but may not serve more than two consecutive full terms; provided that the member representing the client assistance program shall not be subject to term limits.

(b) Any vacancy occurring in the council membership shall be filled in the same manner as the original appointment, except that the governor may delegate the authority to fill a vacancy to the remaining members of the council after making the original appointment. Any vacancy on the council shall not impair the authority of the remaining members to establish quorum by a simple majority of the remaining members and to exercise all the powers of the council.

(c) The council members shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

(d) The council, after consulting with the state workforce development council, shall advise the vocational rehabilitation division of the department on eligibility, order of selection, extent, scope, and effectiveness of services provided, and performance of state agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes. The council shall develop, agree to, and review state goals and priorities, advise the vocational rehabilitation division of the department regarding authorized activities, and assist in the preparation of the state plan and amendments to the plan, applications, reports, needs assessment, and evaluations. The council shall conduct a review and analysis of the effectiveness of, and consumer satisfaction with, the performance by the vocational rehabilitation division of the department, vocational rehabilitation services provided by state agencies, and other public and private entities, and employment outcomes achieved by eligible individuals receiving services, including the availability of health and other employment benefits in connection with employment outcomes. The council shall prepare and submit an annual report to the governor on the status of vocational rehabilitation programs within the State and make the report available to the public.

(e) The council shall coordinate with other councils within the State including the state council on developmental disabilities, the state council on mental health, the advisory panel of individuals with disabilities in education, and the state workforce development council. The council shall establish working relationships between the vocational rehabilitation division of the department and other councils and coordinate other functions as deemed appropriate under federal law.

(f) If there is a disagreement between the council and the vocational rehabilitation division of the department, the disagreement shall be resolved by the governor. [L 1993, c 197, pt of §1; am L 1994, c 126, §§1, 2; am L 1999, c 154, §1; am L 2000, c 4, §3; am L 2001, c 175, §8; am L 2010, c 4, §5; am L 2023, c 15, §1]
Haw. Rev. Stat. § 352-26 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-26
Taking into custody and detaining persons for violations of terms and conditions of parole and furlough and attempted escape.
Status: in_force

(a) With respect to any person whose legal custody was vested in the director, who has been paroled or furloughed from a youth correctional facility by the director and returned to the person's own home or other place within the community, the provisions of subsection (b) or (c) shall apply, if, in the opinion of a designated employee of the department, such person is in violation of the terms and conditions of the person's parole or furlough.

(b) In the case of a person under nineteen years of age, such designated employee may:

(1) Notify the director or the director's designated agent of such alleged violation and, if the director issues a written order to such effect, take such person into custody and place such person in such appropriate youth correctional facility as may be designated in such order until determinations as to such person's further care and treatment are made. In the event of retaking for an alleged violation of parole, the director or the director's agent shall notify the person, and the person's parent, guardian, or custodian of the right to legal counsel and to appeal the issuance and execution of such order. The office of juvenile parole shall hold a hearing within thirty days after the person's return to determine whether parole should be revoked. The juvenile parole office staff shall render reasonable aid to the person in preparation for the hearing.

(2) Take such person into custody and place the person in an appropriate youth correctional facility until determinations as to such person's further care and treatment are made by the department if such employee has reason to believe that permitting such person to remain in the person's own home or other place within the community would be dangerous to the person or to the community or that such person is about to flee the jurisdiction of the department. Such employee, at the time of taking such person into custody, shall advise such person as to the specific terms and conditions of the person's parole or furlough which the person is alleged to have violated and of the person's right to legal counsel and appeal. Provisions regarding possible parole revocation shall apply as enumerated in paragraph (1).

(c) In the case of a nineteen-year-old person such a designated employee may:

(1) Take the person into custody and place the person in an appropriate adult correctional facility if the alleged violation constitutes a crime and the director has been notified and subsequently issued a written order to that effect. In the event of retaking for such an alleged violation of parole, the director or the director's agent shall notify the person of the right to legal counsel and to appeal the issuance and execution of such order. The office of juvenile parole shall hold a hearing within thirty days after the person's incarceration in an adult facility to determine whether parole should be revoked. The juvenile parole office staff shall render reasonable aid to the person in preparation for the hearing.

(2) Notify the director of an alleged violation of parole. The director may petition the family court for an ex parte order based on the alleged violation to take the person into custody and place the person in an appropriate adult correctional facility. The person shall be notified of the issuance and execution of such a court order and of the right to legal counsel and appeal. A juvenile parole office hearing shall be held within thirty days after a person's placement in an adult facility to determine whether parole shall be revoked.

(d) Any person whose legal custody has been vested in the director and who has escaped from the facility may be taken into custody by a police officer or an employee of the department without a warrant or an order issued by the director and returned to the facility.

(e) When called upon by any designated employee of the department, any police officer shall assist in taking a person into custody pursuant to the provisions of this section. [L 1980, c 303, pt of §8(1)]
Haw. Rev. Stat. § 353-62 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-62
Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff.
Status: in_force

(a) In addition to any other responsibility or duty prescribed by law for the Hawaii paroling authority, the paroling authority shall:

(1) Serve as the central paroling authority for the State;

(2) In selecting individuals for parole, consider for parole all committed persons, except in cases where the penalty of life imprisonment not subject to parole has been imposed, regardless of the nature of the offense committed;

(3) Determine the time at which parole shall be granted to any eligible individual as that time at which maximum benefits of the correctional institutions to the individual have been reached and the element of risk to the community is minimal;

(4) Establish rules of operation to determine conditions of parole applicable to any individual granted parole;

(5) Provide continuing custody, control, and supervision of paroled individuals;

(6) Revoke or suspend parole and provide for the authorization of return to a correctional institution for any individual who violates parole or any condition of parole when, in the opinion of the Hawaii paroling authority, the violation presents a risk to community safety or a significant deviation from any condition of parole;

(7) Discharge an individual from parole when supervision is no longer needed;

(8) Interpret the parole program to the public in order to develop a broad base of public understanding and support;

(9) Recommend to the legislature sound parole legislation and recommend to the governor sound parole administration; and

(10) Notify individuals on parole of their eligibility to vote and provide them with information on how to register and vote.

(b) In its operations, the paroling authority shall:

(1) Keep and maintain a record of all meetings and proceedings;

(2) Make public no more than thirty days after a parole release hearing the following information:

(A) The prisoner's name; and

(B) Whether the parole request was approved or denied;

(3) Send a detailed report of its operations to the governor every three months;

(4) In promulgating rules, conform to chapter 91;

(5) Allow each prisoner a hearing before a panel of three of its members, which shall act by a majority of the panel members; provided that if it is determined immediately preceding or during the course of a hearing that a sitting panel member must be recused due to a conflict of interest or illness, the panel may proceed with two members; and

(6) Appoint an administrative secretary and such other clerical and other assistants as may be necessary within the limits of available appropriations, subject to any applicable salary classification and civil service schedules, laws, and rules. [L 1931, c 129, pt of §1; RL 1935, §6414; am L 1939, c 203, pt of §6; am L 1941, c 146, §1; RL 1945, §3915; RL 1955, §83 - 61; HRS §353 - 62; am L 1976, c 92, §3; am L 1987, c 338, §5; am L 1988, c 141, §33; am L 2013, c 117, §2; am L 2021, c 213, §45]
Haw. Rev. Stat. § 352D-9 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-9
Office of youth services regional advisory boards; power, duties, and authority.
Status: in_force

(a) There shall be established a regional advisory board located in each county and they shall be called the Hawaii, Kauai, Maui, and Oahu regional advisory boards, respectively. The office shall provide staff support for each board. Each board shall elect annually from among its members a chairperson who shall preside at its regular meetings. Each board shall be composed of eleven voting members. Each board's membership shall include four lay persons, of which two shall possess knowledge of youth services, all appointed by the governor as provided in section 26-34.

The Oahu regional advisory board shall include the superintendent of education, the public defender, the directors of human services and health, the police chief and the prosecuting attorney of the city and county of Honolulu, and the senior family court judge of the first circuit, or their designees.

The other regional advisory boards shall include the county's chief of police and prosecuting attorney, a deputy public defender, a family court judge, and one representative from each of the following departments of education, human services, and health, who shall be selected by their respective directors, or their designees.

All board members shall be residents of the county in which the regional advisory board to which they are appointed is located, and shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties.

(b) There shall be a combined meeting of all boards at least once a year. Each regional board shall advise the office on:

(1) General policies relating to the youth service system, including but not limited to planning, integration, development, and coordination to effectuate the purposes of this chapter;

(2) Monitoring and evaluating youth services as they relate to the coordination and integration of the youth service system within its region; and

(3) Any pertinent issue related to the youth service system within its region. [L 1991, c 258, pt of §2]
Haw. Rev. Stat. § 346-183 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-183
Child care grant program special fund; established.
Status: in_force

(a) There is established within the state treasury the child care grant program special fund, to be administered by the department, into which shall be deposited:

(1) Donations to the fund;

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

(3) Revenues regardless of their source; and

(4) Earnings on moneys in the fund.

(b) The department shall expend moneys in the special fund to award grants to private entities for:

(1) The operating costs of new or existing child care facilities;

(2) The establishment of new child care facilities;

(3) The expansion of existing child care facilities; or

(4) Child care accreditation program grants awarded pursuant to section 346-188.

(c) Except for child care accreditation program grants awarded pursuant to section 346-188, expenditures from the fund may be made by the department without allotment.

(d) Any grant awarded or expenditure of funds for the administration of a grant program pursuant to this section shall be exempt from chapters 103D and 103F. The department shall adopt rules pursuant to chapter 91 to effectuate the grant programs.

(e) Grants shall be disbursed pursuant to a contract between the department or its designee and the grant recipient, in accordance with the rules adopted pursuant to subsection (d).

(f) 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.

(g) For the purposes of this section, "grant" means an award of funds to a specified recipient to support the activities of the recipient and permit the community to benefit from those activities. [L 2020, c 46, pt of §7; am L 2022, c 128, §3; am L 2023, c 169, §4]
Haw. Rev. Stat. § 347-19 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-19
Rights of blind; partially blind.
Status: in_force

A blind or visually handicapped person not carrying a cane or using a service animal in any of the places, accommodations or conveyances listed in section 347-13, shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or visually handicapped person to carry a cane or to use a service animal in any such places, accommodations, or conveyances shall not constitute nor be evidence of negligence.
Haw. Rev. Stat. § 352-27 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-27
Harboring or concealing a person away from custody assigned by competent authority.
Status: in_force

Any person who knowingly and intentionally harbors or conceals a person who was in the custody of a Hawaii youth correctional facility, guardian, employer, or any other person with whom the person was placed by the court or the director without the permission of the custodian, guardian, employer, or such other person shall be guilty of a misdemeanor offense.
Haw. Rev. Stat. § 353C-15 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-15
Silver alert program; missing vulnerable persons.
Status: in_force

(a) The department shall develop and implement a silver alert program to rapidly disseminate information about a person subject to the silver alert.

(b) If a person is reported missing to a law enforcement agency and that agency determines that the conditions of subsection (g) are met, the agency may request the department to activate a silver alert. If the department concurs that the conditions of subsection (g) are met, the department shall activate a silver alert within the geographical area requested by the investigating law enforcement agency.

(c) Radio, television, cable, and satellite systems are encouraged to, but not required to, cooperate with disseminating the information contained in a silver alert.

(d) Upon activation of a silver alert, the department shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, issuing an electronic flyer, or activating a changeable message sign, as permissible.

(e) The department, as permitted, may use the Wireless Emergency Alerts System.

(f) The department, as permitted, may use a changeable message sign if the following conditions are met:

(1) The investigating law enforcement agency determines that a vehicle may be involved in the missing person incident; and

(2) Specific vehicle identification is available for public dissemination.

(g) A law enforcement agency may request from the department that a silver alert be activated if the agency determines that all of the following conditions are met regarding the investigation of the missing person:

(1) The missing person is sixty-five years of age or older, cognitively impaired, or developmentally disabled;

(2) The law enforcement agency has utilized all available local resources;

(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances;

(4) The law enforcement agency believes that the missing person is in danger because of age, health, mental or physical disability, or environment or weather conditions; the missing person is in the company of a potentially dangerous person; or there are other factors indicating that the missing person may be in peril; and

(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

(h) For purposes of this section:

"Cognitively impaired" means affected by a cognitive impairment, as defined in section 431:10H-201.

"Developmentally disabled" means affected by a severe, chronic disability of a person that:

(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) Is manifested before the person attains age twenty-two;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and

(5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.

"Silver alert" means a notification system, activated pursuant to this section, designed to issue and coordinate alerts with respect to a situation that meets the conditions of subsection (g). [L 2024, c 158, §2]
Haw. Rev. Stat. § 354D-2 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-2
Definitions.
Status: in_force

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

"Able-bodied inmate" means any person in the custody of the department of corrections and rehabilitation who, as determined by the department, is physically and mentally able to participate in a work program or other training program authorized by this chapter.

"Administrator" means the administrator of the correctional industries program.

"Advisory committee" means the correctional industries advisory committee established in section 354D-5.

"Department" means the department of corrections and rehabilitation.

"Director" means the director of corrections and rehabilitation. [L 1990, c 341, pt of §1; am L 1992, c 36, §1 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-399 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-399
Notice of hearings and reviews.
Status: in_force

Notice of hearings and reviews shall be provided to the parties; provided that no further notice is required for any party who was given actual notice of a hearing or review while present in court. Notice of hearings or reviews shall be served no less than forty-eight hours before the scheduled hearing, or as otherwise determined by the court.
Haw. Rev. Stat. § 346-224 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-224
Reports.
Status: in_force

(a) The following persons who, in the performance of their professional or official duties, know or have reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken shall promptly report the matter orally to the department:

(1) Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to a vulnerable adult, including physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;

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

(3) Employees or officers of any law enforcement agency, including the courts, police departments, correctional institutions, and parole or probation offices;

(4) Employees or officers of any adult residential care home, adult day care center, or similar institution;

(5) Medical examiners or coroners; and

(6) Social workers licensed pursuant to chapter 467E and non-licensed persons employed in a social worker position pursuant to section 467E-6(2).

(b) The initial oral report required by subsection (a) shall be followed as soon as possible by a written report to the department; provided that if a police department is the initiating agency, a written report shall not be required unless the police department declines to take further action and the department informs the police department that the department intends to investigate the oral report of abuse. A written report shall contain:

(1) The name and address of the vulnerable adult, if known;

(2) The name and address of the party who is alleged to have committed or been responsible for the abuse, if known;

(3) The nature and extent of the vulnerable adult's injury or harm; and

(4) Any other information the reporter believes may be helpful in establishing the cause of the abuse.

(c) This section shall not prohibit any person from reporting an incident that the person has reason to believe involves abuse that came to the person's attention in a private or nonprofessional capacity.

(d) Any person not enumerated in subsection (a) who has reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken may report the matter orally to the department.

(e) Any person who knowingly fails to report as required by this section or who wilfully prevents another person from reporting pursuant to this section shall be guilty of a petty misdemeanor.

(f) The department shall maintain a central registry of reported cases.

(g) Nothing in this section shall require a member of the clergy to report communications that are protected under rule 506 of the Hawaii rules of evidence. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §2; am L 2008, c 154, §6; am L 2015, c 35, §9]
Haw. Rev. Stat. § 356D-46 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-46
Investigatory powers.
Status: in_force

(a) The authority may:

(1) Investigate living, dwelling, and housing conditions and the means and methods of improving those 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 jurisdictional limits, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, safety, or welfare.

(b) Investigations or examinations may be conducted by the authority, or 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 may administer oaths, take affidavits, and issue subpoenas or orders for the taking of depositions. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-57.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-57.5
Interim assistance reimbursement special fund.
Status: in_force

[§346-57.5]Interim assistance reimbursement special fund. (a) There is established in the state treasury the interim assistance reimbursement special fund, to be administered by the department, into which shall be deposited:

(1) Moneys received from the federal government pursuant to section 346-57;

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

(3) Any interest that accrues upon the balance in the fund; and

(4) Any other revenues designated for the fund.

(b) Moneys in the interim assistance reimbursement special fund shall be used for:

(1) State-funded financial assistance payments; and

(2) Programs that support and assist recipients to qualify for supplemental security income.

(c) All unencumbered and unexpended moneys in excess of $3,000,000 in the interim assistance reimbursement special fund shall lapse to the credit of the general fund. Upon dissolution of the special fund, any unencumbered and unexpended moneys remaining on balance in the fund shall lapse to the credit of the general fund.

(d) Moneys in the interim assistance reimbursement special fund may be used for general assistance to households without minor dependents; provided that these moneys shall not be considered by the director in determining the general assistance allowance as set forth in section 346-53(b).

(e) The department shall submit a report to the legislature detailing the amount of, and reason for, any expenditure from the interim assistance reimbursement special fund within ten business days of the expenditure. [L 2015, c 196, §2]
Haw. Rev. Stat. § 356D-56.1 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-56.1
[ §356D-56.
Status: in_force

[ §356D-56.1] Disposition of abandoned or seized property. (a) The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any state low-income housing project upon compliance with the requirements of this section.

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

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

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

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

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

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

(h) The State, its officers, employees, and agents shall not be liable to the owner of abandoned or seized property for actions taken pursuant to this section. [L 2013, c 147, §1]
Haw. Rev. Stat. § 353-67 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-67
Education as condition for paroles.
Status: in_force

The Hawaii paroling authority may require, as a condition of parole, that a parolee further the parolee's education and training by taking occupational training courses or general education courses, or both, whenever such courses are deemed by the paroling authority to be capable of making a substantial contribution to the rehabilitation of the parolee. The paroling authority may in its discretion designate the educational institution or institutions the parolee is to attend and may pay the cost of tuition and other fees for said courses.
Haw. Rev. Stat. § 346-225 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-225
Confidentiality of reports.
Status: in_force

A report made pursuant to this part, including the identity of the reporting person and all records of the report, shall be confidential and any person who makes an unauthorized disclosure of a report or records of a report shall be guilty of a misdemeanor. The director 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.
Haw. Rev. Stat. § 346-30 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-30
Relief limited.
Status: in_force

During the continuance of public assistance under this chapter, no recipient shall receive any other public assistance from the State or any county, except for necessary medical, dental, and surgical care, or in such amounts as are necessary to supplement the public assistance granted pursuant to this chapter, where the amounts of such other public assistance from the State or any county have been taken into consideration in deciding upon any application for public assistance.
Haw. Rev. Stat. § 356D-40 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-40
Additional powers.
Status: in_force

The powers conferred upon the authority by this part shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities so conferred.
Haw. Rev. Stat. § 356D-19 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-19
Subordination of mortgage to agreement with government.
Status: in_force

The authority may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a government agency of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the authority pursuant to a foreclosure of the mortgage or any other remedy in connection therewith shall obtain title subject to the contract.
Haw. Rev. Stat. § 346-29 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-29
Applications for public assistance; manner, form, conditions.
Status: in_force

(a) Applications for public assistance under this chapter shall be made by the applicant, or by someone acting in the applicant's behalf, in the manner, place, and form prescribed by the department.

(b) No applicant or recipient who is found guilty of fraudulently misrepresenting residence to obtain assistance in two or more states shall be entitled to public assistance under this chapter for ten years from date of conviction. No applicant or recipient shall be entitled to public assistance under this chapter who is a fugitive felon or who is in violation of a condition of probation or parole or has sufficient income or other resources to provide a standard above that provided in this chapter, or who is an inmate of any public institution, except that any inmate of a public institution who is otherwise eligible for medical assistance and who has been determined by the medical director of the institution as having a major illness or medical condition requiring the provision of medical care outside of the institution may receive assistance under this chapter. An inmate of a public institution or resident of a medical institution may apply for assistance to begin after the inmate's discharge from the institution. To enforce this subsection, the department shall examine each list of inmates within, or newly admitted to, a correctional facility in the State that is submitted to the department by the director of corrections and rehabilitation pursuant to section 353-12.5, regardless of the nature of the offense for which an inmate is incarcerated or the duration of incarceration, to determine whether an inmate is eligible for public assistance under this chapter.

(c) In determining the needs of an applicant or recipient for public assistance by the department, the department shall:

(1) Disregard the amounts of earned or unearned income as required or allowed by federal acts and other regulations, to receive federal funds and disregard from gross earned income twenty per cent plus $200 and a percentage of the remaining balance of earned income consistent with federal regulations and other requirements;

(2) Consider as net income in all cases the income as federal acts and other regulations require the department to consider for receipt of federal funds and may consider the additional income and resources as these acts and regulations permit to be considered;

(3) For households with minor dependents, disregard assets in determining the needs of persons for financial assistance; provided that the amount to be disregarded shall not exceed standards under federally funded financial assistance programs. This paragraph shall not apply to persons eligible for federal supplemental security income benefits, aid to the aged, blind or disabled, or general assistance to households without minor dependents. In determining the needs of persons eligible for federal supplemental security income benefits, aid to the aged, blind or disabled, or general assistance to households without minor dependents, the department shall apply all the resource retention and exclusion requirements under the federal supplemental security income program;

(4) Apply the resource retention requirements under the federal supplemental security income program in determining the needs of a single person for medical assistance only;

(5) Apply the resource retention requirements under the federal supplemental security income program in determining the needs of a family of two persons for medical assistance only and an additional $250 for each additional person included in an application for medical assistance only;

(6) Disregard amounts of emergency assistance granted under section 346-65;

(7) Not consider as income or resources any payment for services to or on behalf of, or any benefit received by, a participant under the first-to-work program of part XI, other than wages. Wages earned by a participant while participating in the first-to-work program shall be considered income of the participant, unless the wages are excluded or disregarded under any other law;

(8) Not consider as income or resources payment made to eligible individuals, eligible surviving spouses, surviving children or surviving parents as specified under title I of the Civil Liberties Act of 1988, Public Law 100-383, which made restitution to individuals of Japanese ancestry who were interned during World War II;

(9) Allow the community spouse of an individual residing in a medical institution to maintain countable resources to the maximum allowed by federal statutes or regulations with provisions for increases, as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing decree, without jeopardizing the eligibility of the institutionalized spouse for medical assistance;

(10) Allow an individual residing in a medical institution to contribute toward the support of the individual's community spouse, thereby enabling the community spouse to maintain the monthly maximum income allowed by federal statutes or regulations, with provisions for increases as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing decree;

(11) Consider the transfer of assets from the applicant's name to another name within the specified time period as required by federal regulations, known as the "lookback" period, prior to the application for medical assistance for care in a nursing home or other long-term care facility. Pursuant to rules adopted under chapter 91, the director may attribute any assets that have been transferred within the required federal "lookback" period from the applicant if the director determines that transfer of certain assets was made solely to make the applicant eligible for assistance under this chapter; and

(12) Not consider as income or resources any funds deposited into a family self-sufficiency escrow account on behalf of a participant under a federal housing choice voucher family self-sufficiency program as required or allowed under federal law.

(d) In determining eligibility for medical assistance, the department shall require from all applicants and recipients the assignment of any benefits due to a third party liability. Any rights or amounts so assigned shall be applied against the cost of medical care paid under this chapter.

(e) The director shall adopt rules pursuant to chapter 91 defining assets and to determine eligibility for medical assistance; provided that the cash surrender value of life insurance policies owned by persons included in an application shall be treated as assets. [L 1941, c 296, pt of §1; RL 1945, §4834; am L 1951, c 169, §§1, 2; RL 1955, §108-15; am L 1962, c 6, §2; HRS §346-29; am L 1969, c 173, §3; am L 1970, c 105, §5; am L 1972, c 32, §1; am L 1975, c 145, §1(2); am L 1976, c 73, §2; am L 1979, c 52, §5; am L 1982, c 67, §1 and c 216, §1; am L 1984, c 95, §5; am L 1986, c 109, §1 and c 160, §4; am L 1987, c 345, §3; am L 1989, c 60, §1 and c 395, §1; am L 1990, c 322, §1; am L 1994, c 187, §1; am L 1996, c 300, §§3, 6; am L 1997, c 200, §§4, 9, 11; am L 1998, c 127, §§4, 5; am L 2007, c 237, §2; am L 2009, c 188, §3; am L 2013, c 18, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353-24 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-24
Conservators of committed persons, appointed when.
Status: in_force

Whenever a person is sentenced to imprisonment for any felony for a term exceeding one year, any judge having probate powers, upon application, may appoint a conservator to have the care and management of the committed person's estate, real and personal, during the term of imprisonment or until the committed person is finally discharged from the sentence. The letters of conservatorship shall be revoked by the pardon or final discharge of the committed person, but the revocation shall not invalidate legal acts done by the conservator.
Haw. Rev. Stat. § 348F-8 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-8
Fees.
Status: in_force

The board may establish fees, pursuant to chapter 91, for applicants seeking state credentialing of interpreters.
Haw. Rev. Stat. § 349-5.5 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-5.5
Executive office on aging administrative claiming special fund.
Status: in_force

(a) There is established in the state treasury the executive office on aging administrative claiming special fund into which shall be deposited:

(1) All revenues from medicaid administrative claiming designated for the department of health that are allowable for operating the aging and disability resource centers and programs within the executive office on aging;

(2) Appropriations made by the legislature to the fund; and

(3) Grants and gifts made to the fund.

(b) The executive office on aging administrative claiming special fund shall be administered and expended by the department of health to administer and implement services for kupuna and individuals with disabilities who need long-term services and supports. [L 2019, c 89, §2; am L 2023, c 249, §2]
Haw. Rev. Stat. § 347-13 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-13
Persons who are blind, visually handicapped, disabled; public places; public conveyances.
Status: in_force

(a) Persons who are blind, visually handicapped, or otherwise disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable to all persons.

(b) Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service animal, especially trained for the purpose of assisting the person in any of the places listed in subsection (a) without being required to pay an extra charge for the service animal; provided that the person shall be liable for any damage done to the premises or facilities by the service animal. No service animal shall be considered dangerous merely because it is unmuzzled.

(c) Every disabled person shall have the right to use a life jacket or other flotation device in a public swimming pool; provided that:

(1) The person suffers from a physical disability or condition that requires the use of a life jacket or other flotation device; and

(2) The person obtains a statement signed by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the person's need to use a life jacket or other flotation device.

(d) The director of human services shall adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 1945, c 265, §1; RL 1955, §109-20; HRS §347-13; am L 1972, c 75, §2; gen ch 1985; am L 1987, c 339, §4 and c 363, §1; am L 1988, c 206, §2; am L 1991, c 178, §1; am L 2009, c 151, §17; am L 2011, c 175, §6; am L 2014, c 45, §9; am L 2018, c 217, §5]
Haw. Rev. Stat. § 349-16 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-16
Definitions.
Status: in_force

Unless the context clearly requires a different meaning, when used in this part:

"Activities of daily living" means the following activities that individuals perform as a part of daily living: eating, dressing, bathing, toileting, transferring in and out of a bed or chair, and walking.

"Adult day care" means personal care for dependent elders in a supervised, protective, and congregate setting during some portion of a day. Services offered in conjunction with adult day care include social and recreational activities, training, and counseling.

"Aging and disability resource centers" means an entity established by the State as part of the state system of long-term care, serving as a highly visible and trusted source where people of all incomes and ages can obtain information on the full range of long-term support options, and as a single point of entry for access to public long-term support programs and benefits.

"Area agency on aging" means an agency designated by the executive office on aging to develop and administer the area plan for a comprehensive and coordinated system of aging services.

"Assisted transportation" means assistance and transportation, including escort, for a person who has cognitive or physical difficulties using regular vehicular transportation.

"Attendant care" means standby assistance, supervision, or cues, including verbal prompts for medication, bathing, eating, grooming, and dressing, and may also include other activities to help maintain the independence of an individual at home. "Attendant care" does not include physical contact in support, including weight-bearing assistance with transfers, washing, bathing, and dressing.

"Care coordination" means a person-centered, assessment-based, interdisciplinary approach to integrating health care and social support services that are tailored to an individual's needs and goals across all care services.

"Caregiver" means a spouse, adult child, other relative, partner, or friend who has a personal relationship with and provides a broad range of unpaid assistance for an older adult having a chronic or disabling condition.

"Caregiver support services" means services that offer education, skills, knowledge, or mental, emotional, or social support to caregivers or employed caregivers.

"Care recipient" means an individual who:

(1) Is a citizen of the United States or a qualified alien; provided that for the purposes of this paragraph, "qualified alien" means a lawfully admitted permanent resident under the Immigration and Nationality Act;

(2) Is sixty years of age or older;

(3) Is not covered by any comparable government or private home- and community-based care service, except or excluding kupuna care services;

(4) Does not reside in a long-term care facility, such as an intermediate care facility, assisted living facility, skilled nursing facility, hospital, adult foster home, community care foster family home, adult residential care home, expanded adult residential care home, or developmental disabilities domiciliary home; and

(5) Has impairments of at least:

(A) Two activities of daily living;

(B) Two instrumental activities of daily living;

(C) One activity of daily living and one instrumental activity of daily living; or

(D) Substantive cognitive impairment requiring substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or another person.

"Case management" means assistance either in the form of access or care coordination in circumstances where an individual is experiencing diminished functioning capacities, personal conditions, or other characteristics that require the provision of services by formal service providers, caregivers, or employed caregivers. Activities of case management may include assessing needs, developing care plans, authorizing and coordinating services among providers, and providing follow-up and reassessment, as required.

"Chore" means assistance such as heavy housework, yard work, or sidewalk maintenance for a person.

"Employed caregiver" means an individual who:

(1) Provides care for a care recipient; and

(2) Is employed at least twenty hours per week by one or more employers or is self-employed.

"Financial management service provider" means an agency under contract with the executive office on aging to act as the fiscal and employer agent on behalf of a care recipient to manage employer-related functions, process payment to employees and vendors, and monitor the care recipient's allocation of funds.

"Home-delivered meals" means a meal provided to a care recipient in the care recipient's place of residence; provided that the meal is served in a program administered by the executive office on aging or an area agency on aging and meets all of the requirements of the Older Americans Act of 1965, as amended, and all state and local laws.

"Homemaker" means a person who provides assistance with preparing meals, shopping for personal items, managing money, using the telephone, or performing light housework.

"Instrumental activities of daily living" means the following instrumental activities that individuals perform as a part of daily living: preparing meals, shopping for personal items, medication management, managing money, using the telephone, performing light housework, performing heavy housework, and making use of available transportation.

" Kupuna care services" means services for the care recipient, caregiver, or employed caregiver, including:

(1) Adult day care;

(2) Attendant care;

(3) Assisted transportation;

(4) Caregiver support services;

(5) Case management;

(6) Care coordination;

(7) Chore;

(8) Homemaker;

(9) Home-delivered meals;

(10) Personal care;

(11) Transportation; or

(12) Respite care.

"Personal care" means personal assistance, standby assistance, supervision, or cues.

"Person-centered planning" means a process intended to identify the strengths, capacities, preferences, needs, and desired outcomes of the care recipient, caregiver, or employed caregiver.

"Person-centered support plan" or "support plan" means a plan developed by a care recipient, caregiver, or employed caregiver that allows the care recipient, caregiver, or employed caregiver to establish the goals, skills, and knowledge necessary to work toward the desired outcomes and lays out practical steps toward the achievement of the goals; provided that family members and friends may provide assistance in developing a care recipient's plan if the care recipient chooses to include them.

"Respite care" means services that offer temporary, substitute supports, or living arrangements for care recipients to provide a brief period of rest to caregivers or employed caregivers. "Respite care" includes:

(1) In-home respite (personal care, homemaker, and other in-home respite);

(2) Respite provided by attendance of the care recipient at a nonresidential program;

(3) Institutional respite provided by placing the care recipient in an institutional setting such as a nursing home for a short period of time as a respite service to the caregiver or employed caregiver; and

(4) Any combination of services to assist the caregiver or employed caregiver as deemed appropriate by the area agency on aging.

"Service provider" means an entity that has all required licenses or certificates, and is registered as a business entity in the State.

"Transportation" means transportation from one location to another with a vehicle and does not include any other activity. [L 2017, c 102, pt of §2; am L 2022, c 160, §2; am L 2023, c 18, §2]
Haw. Rev. Stat. § 347-6 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-6
Registration of blind.
Status: in_force

The department of human services shall cause to be maintained a complete register of the blind in the State which shall describe the condition, causes of blindness, capacity for education and industrial training, and such other facts as may seem to it to be of value regarding each blind person, together with recommendations for rehabilitation and relief.

It shall register cases of persons whose eyesight is seriously defective or who are likely to become visually handicapped or blind, and take such measures in cooperation with other authorities, as it deems advisable for the prevention of blindness or conservation of eyesight, and in appropriate cases provide for or secure the vocational guidance of persons having seriously defective sight. [L 1941, c 296, pt of §1; RL 1945, §4857, ren §4872; am L 1945, c 113, §5; RL 1955, §109-6; am L Sp 1959 2d, c 1, §20; HRS §347-6; am L 1970, c 105, §5; am L 1987, c 339, §4]
Haw. Rev. Stat. § 353C-14 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-14
Investigations.
Status: in_force

(a) The director shall investigate alleged violations of the law when directed to do so by the governor or when the director determines that an investigation would be in the public interest.

(b) The director, when conducting a civil, administrative, or criminal investigation, may, subject to the privileges enjoyed by all witnesses in the State, subpoena witnesses, examine them under oath, and require the production of any books, papers, documents, or other objects designated therein or any other record however maintained, including those electronically stored that are relevant or material to the investigation.

(c) A subpoena issued under subsection (b):

(1) Shall state the name of the issuing authority and command each person to whom it is directed to attend and give testimony at the time and place specified therein, and may also command the person to whom it is directed to produce books, papers, documents, or other objects specifically designated therein;

(2) May be served by any law enforcement officer as defined in section 139-1 at any place within the State but subject to the jurisdiction of the issuing law enforcement officer serving the subpoena;

(3) Shall require attendance of the witness only in the county wherein the witness is served with the subpoena or at any other place as is agreed upon by the witness and department; provided that, if the subpoena is served in a county other than that in which the witness resides, is employed, or transacts the witness' business in person, the department shall bear the expense of travel by the witness to and attendance at the place named in the subpoena to the same extent as provided by the rules of court; and

(4) Shall contain a short, plain statement of the recipient's rights and the procedure for enforcing and contesting the subpoena.

(d) The department shall pay to a financial institution that is served a subpoena issued under this section a fee for reimbursement of the costs as are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, documents, or other objects designated by the subpoena. Reimbursement shall be paid at the rate of $15 per hour for research time and 50 cents per page for reproduction.

(e) Upon application by the attorney general on behalf of the department, a circuit court of the county wherein the witness resides or is found may compel obedience to the subpoena; provided that the court, on motion promptly made, may quash or modify the subpoena if compliance would be unreasonable, oppressive, or violate any privilege the witness may be entitled to exercise in a court proceeding.

(f) Compliance with a subpoena issued pursuant to this section shall not give rise to a civil action for damages by an individual or entity as to whom testimony has been given or books, papers, documents, or other objects provided in compliance with the subpoena. [L 2024, c 132, §2]
Haw. Rev. Stat. § 347-12 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-12
Blind shop and handicraft program.
Status: in_force

The department of human services may provide a workshop or home labor program for the blind or others, who, in the opinion of the department of human services, will benefit from the experience. Under the program, the department may train blind or other persons to produce crafts and other products for sale.

This section shall be subject to any federal policies, rules, or regulations that may be applicable in order to obtain federal aid or the cooperation of any federal agency concerned. [L 1959, c 246, §15; am L Sp 1959 2d, c 1, §§14, 20; am L 1963, c 114, §1; Supp, §109-13; HRS §347-12; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 2015, c 147, §10]
Haw. Rev. Stat. § 346-17 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-17
Child placing organizations, child caring institutions, and resource family homes; authority over, investigation of, and standards for.
Status: in_force

(a) No child placing organization shall engage in the investigation, placement, and supervision of minor children in foster care unless it meets the standards of conditions, management, and competence set by the department of human services.

(b) No child caring institution shall receive minor children for care and maintenance unless it meets the standards of conditions, management, and competence to care for and educate children set by the department.

(c) No resource family home shall receive for care and maintenance any child unless:

(1) It meets with the standards of conditions, management, and competence set by the department; and

(2) The resource family home applicant successfully completes resource caregiver training; provided that new special licensed or relative resource family home caregivers licensed for a specific child or children shall successfully complete resource caregiver training within the first year following placement of the first child into the new special licensed or relative resource family home.

(d) The department shall adopt rules pursuant to chapter 91 relating to:

(1) Standards for the organization and administration of child placing organizations; and

(2) Standards for the conditions, management, operations, and competence of child caring institutions and resource family homes for the care, education, and protection of minor children.

(e) All rules of the department shall have the force and effect of law, and any violation thereof or of this section shall be punishable by a fine of not more than $200.

(f) As a condition for a certificate of approval, any organization, institution, or resource family home, including all adults residing in the resource family 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 or its designee to obtain criminal history record and child abuse and neglect registry information.

New employees of the organization, institution, or home shall be fingerprinted within five working days of employment.

(g) Upon approval of the organization, institution, or resource family home, the department or its authorized agents shall issue a certificate of approval that shall continue in force for one year or for two years if the organization, institution, or resource family home meets the criteria established by the department, unless sooner revoked for cause. The certificate shall be renewed by the department or its authorized agents, after annual or biennial investigation, if the investigation discloses that the organization, institution, or resource family home continues to meet the standards set by the department. The certificate of approval shall be a permit to operate the child placing organization, child caring institution, or resource family home, and no person or organization shall operate or maintain the organization, institution, or resource family home without the certificate.

(h) Any child placing organization, child caring institution, or resource family home shall be subject to review or investigation at any time and in a manner, place, and form as may be prescribed by the department or its authorized agents.

(i) As used in this section, "resource caregiver training" means training or instruction in special skills and knowledge to care for foster children.

(j) The department or its designee shall request:

(1) A criminal history record check through the Hawaii criminal justice data center on all operators, employees, and new employees of child care institutions, child placing organizations, and resource family homes, including all adults residing in the resource family homes, subject to checks pursuant to section 846-2.7; and

(2) A child abuse and neglect registry check on all operators, employees, and new employees of child care institutions, child placing organizations, and adults residing in a resource family home subject to licensure in accordance with departmental procedures.

(k) The department may deny a certificate of approval if an operator, employee, or new employee of a child care institution or child placing organization's facility, or any adult residing in a resource family home, was convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds that the criminal history record or child abuse registry history of an operator, employee, new employee, or adult residing in a resource family home poses a risk to the health, safety, or well-being of the children in care.

(l) The department or its designee shall make a name inquiry into the criminal history records for the first two years of certification of a resource family home and annually or biennially thereafter and into the child abuse and neglect registry in accordance with departmental procedures depending on the certification status of the home.

(m) Any resource caregiver or child caring institution issued a certificate of approval pursuant to this section shall be immune from liability in a civil action to recover damages for injury, death, or loss to a person or property that results by authorizing a child in the caregiver's or institution's foster care to participate in an extracurricular, enrichment, cultural, or social activity; provided that the authorization is in accordance with the reasonable and prudent parent standard as defined in title 42 United States Code section 675(10)(A). [L 1941, c 296, pt of §1; RL 1945, pt of §4830; am L 1949, c 353, pt of §1; am L 1953, c 153, pt of §5 and c 191, pt of §1; RL 1955, §108-11; HRS §346-17; am L 1970, c 105, §5; am L 1985, c 209, §2; am L 1987, c 339, §4; am L 1996, c 5, §1; am L 1999, c 271, §3; am L 2003, c 95, §9(2); am L 2007, c 46, §1; am L 2008, c 136, §1; am L 2016, c 133, §3]
Haw. Rev. Stat. § 353-13.1 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.1
Nonemergency medical, dental, mental health services or treatment; intentional injury; payment by inmates.
Status: in_force

(a) The department of corrections and rehabilitation may develop policies and procedures governing the assessment of fees upon detainees and committed persons who receive certain medical, dental, or mental health services or treatment. In adopting these policies and procedures, the department shall safeguard the health and welfare of detainees and committed persons.

(b) The policies and procedures shall enable the department to assess fees upon detainees and committed persons who:

(1) Request certain nonemergency medical, dental, or mental health services or treatment; or

(2) Intentionally inflict injury to themselves.

(c) The policies and procedures shall include an appeals process to allow a detainee or committed person to appeal the assessment.

(d) The department of corrections and rehabilitation may adopt policies and procedures to establish a fee schedule for medical, dental, and mental health services or treatment under the following conditions:

(1) Fees shall be assessed from the detained or committed person's individual trust account pursuant to section 353-20; and

(2) Fees shall not be assessed if the individual trust account balance is less than $10; provided that the department may implement a procedure to recover fees in the future. [L 1998, c 250, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 354D-3 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-3
Correctional industries program.
Status: in_force

There is established a correctional industries program within the department. The administrator of the correctional industries program shall be appointed by the director without regard to chapter 76. The director may appoint other employees necessary to carry out the function of this chapter without regard to chapter 76; provided that the number of temporary exempt positions covered under this section shall not exceed sixty-five in any fiscal year.
Haw. Rev. Stat. § 347-2 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-2
Blind, defined.
Status: in_force

The term "blind" as used in this chapter, whether used as an adjective or noun, means blind or visually handicapped.
Haw. Rev. Stat. § 346-57 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-57
Loans to applicants for federal supplemental security income.
Status: in_force

Notwithstanding any laws to the contrary, the department of human services may, out of its operating funds, make loans to any person eligible for public assistance as provided in this chapter who is an applicant for benefits under the federal supplemental security income program or its successor agency subject to the following conditions:

(1) The Federal Bureau of Supplemental Security Income has denied applicant's request for advance payment or finding of presumptive eligibility for supplemental security income;

(2) The loan or loans shall be for a period not to exceed the action of the Federal Bureau of Supplemental Security Income approving or disapproving assistance under its program;

(3) The loan or loans shall bear no interest;

(4) The loan or loans shall not exceed the amount of assistance otherwise available to the applicant under this chapter;

(5) The loan or loans shall be repaid by the applicant out of the retroactive supplemental security income payments, provided that nothing herein shall restrict the federal government from making direct payments to the State for such loan or loans, and provided further that the loan or loans shall be discharged and no repayment shall be required from an applicant whose application for federal supplemental security income assistance has been disapproved;

(6) The applicant shall not be eligible for financial assistance by the department, provided that the applicant shall become eligible for such assistance upon disapproval of the application for federal supplemental security income assistance. [L 1975, c 145, pt of §1(3); am L 1979, c 52, §5; gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 346-250 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-250
Immunity from liability.
Status: in_force

(a) Anyone participating in good faith in the making of a report pursuant to this part shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of such a report. Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from that report.

(b) Any individual who assumes a duty or responsibility pursuant to this part shall have immunity from civil liability for acts or omissions performed within the scope of the individual's duty or responsibility. Nothing in this part shall limit the liability of the department, any other state agency, or any private organization for the conduct of individuals acting within the scope of their duties provided immunity under this section. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
Haw. Rev. Stat. § 353-16.3 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-16.3
Development of out-of-state Hawaii correctional facilities.
Status: in_force

Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the development of Hawaii correctional facilities to reduce prison overcrowding; provided that any agreement negotiated pursuant to this section shall be subject to legislative approval by concurrent resolution in any regular or special session.
Haw. Rev. Stat. § 350E-5 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-5
Entering agreements with other states.
Status: in_force

The officers and agencies of this State and its subdivisions having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the director of finance in the case of the State and of the chief local fiscal officer in the case of a subdivision of the State.
Haw. Rev. Stat. § 356D-8 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-8
Acquisition, use, and disposition of property.
Status: in_force

(a) The authority may acquire any real or personal property or interest therein by purchase, exchange, gift, grant, lease, or other means from any person or government to provide housing. Exchange of real property shall be in accordance with section 171-50.

(b) The authority may own or hold real property. All real property owned or held by the authority shall be exempt from mechanics' or materialmen's liens and also from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the property of the authority nor shall any judgment against the authority be a charge or lien upon its real property; provided that this subsection shall not apply to nor limit the right of obligees to foreclose or otherwise enforce any mortgage of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees, or revenues. The authority and its property shall be exempt from all taxes and assessments.

(c) The authority may lease or rent all or a portion of any housing project and establish and revise the rents or charges therefor. The authority may sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person or government.

(d) The authority may insure or provide for the insurance of its property or operations against risks as it deems advisable. [L 2006, c 180, pt of §2; am L 2025, c 89, §2]
Haw. Rev. Stat. § 352-23 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-23
Community services program.
Status: in_force

There is established a community services program within the youth correctional facilities which shall coordinate the placement of persons committed to the care of the director in educational, vocational, and work release programs and residential placement. The program also shall advise the director or the director's duly authorized agent as to the granting of parole, furlough, release, and other matters affecting the commitment of a person.
Haw. Rev. Stat. § 346-187 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-187
[ §346-187] Early childhood registry; staff information required.
Status: in_force

[ §346-187] Early childhood registry; staff information required. (a) The department may establish and maintain an information system to be designated as the early childhood registry. The purpose of this registry shall be to maintain a repository of early childhood provider and staff information that is collected annually pursuant to this section.

(b) The department may require all staff used to meet the staff-child ratio in all licensed and registered child care programs in the State to annually update their information in the department's early childhood registry.

(c) The data collected from the early childhood registry may include social determinants, including but not limited to: gender, race, age, paid years of experience, preferred learning languages, languages spoken with children, median hourly wage, paid planning time, health insurance, paid sick leave, paid vacation, retirement benefits, participation in an apprenticeship program, level of education, and training hours.

(d) Any records or reports containing registry information and subject to public disclosure shall be limited to aggregate data and shall not directly contain or indirectly result in the disclosure of personally identifiable information.

(e) For purposes of this section, "training" includes but is not limited to health and safety training and voluntary professional development training. [L 2022, c 292, §2]
Haw. Rev. Stat. § 346-156 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-156
Penalty; remedies.
Status: in_force

(a) Any person, entity, agency, or organization violating any provision of this part or any rule made pursuant thereto shall be fined up to $1,000 for each day of violation; provided that the fine may be up to $3,000 for each day for a violation of section 346-161 or 346-171.

(b) The department may enforce this part in either administrative proceedings or judicial proceedings, or both. [L 1985, c 208, pt of §2; am L 2001, c 201, §5; am L 2019, c 83, §4]
Haw. Rev. Stat. § 367-3 — HI Code / Division 1 / Title 20 / Chapter 367 / Section 367-3
Powers and duties of commission.
Status: in_force

The commission shall:

(1) Act as a central clearinghouse and coordinating body for governmental and nongovernmental activities and information relating to the status of women;

(2) Create public awareness and understanding of the responsibilities, needs, potentials, and contributions of women and their roles in the changing society;

(3) Recommend legislative and administrative action on equal treatment and opportunities for women;

(4) Encourage a long-range program of education of women in their political rights and responsibilities, particularly with respect to their voting duties;

(5) Maintain contacts with appropriate federal, state, local, and international agencies concerned with the status of women;

(6) Cooperate and collaborate with national groups on the status of women and arrange for participation by representatives of the State in White House conferences and other national conferences from time to time;

(7) Administer funds allocated for its work; be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all such funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of such specific designation, such funds shall be disbursed or allocated on projects related to any of the purposes of this chapter; and

(8) Submit an annual report with recommendations to the governor and the legislature. [L 1970, c 190, pt of §1; am L 1972, c 81, §1; am L 2000, c 270, §3]
Haw. Rev. Stat. § 346-74 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-74
Representative payee.
Status: in_force

(a) Persons determined to be eligible under section 346-71 because they have a primary diagnosis of substance abuse shall have their benefits issued through a representative payee. The representative payee shall be designated by the department of health.

(b) Persons whose eligibility is not determined until after December 1, 1995, shall have their benefits issued through a representative payee. Persons whose eligibility has been determined prior to December 1, 1995, shall have their benefits issued through a representative payee when recertified.

[(c)] The department of health shall submit annual reports to the legislature no later than twenty days prior to the convening of each regular session, detailing the money expended during the year on the representative payee program and providing general demographic data, such as age, ethnicity, gender, and geographic residence, of the people served by the program. [L 1995, c 207, §§2, 5]
Haw. Rev. Stat. § 356D-50 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-50
Additional powers.
Status: in_force

The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities conferred.
Haw. Rev. Stat. § 346-48 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-48
[ §346-48] Coverage of ground ambulance services.
Status: in_force

[ §346-48] Coverage of ground ambulance services. Beginning on January 1, 2020, the State's medicaid programs:

(1) May provide coverage for ground ambulance services pursuant to part XVIII of chapter 321; and

(2) May provide coverage for health care provided by emergency medical services personnel, pursuant to part XVIII of chapter 321;

provided that implementation of this section is dependent on approval by the United States Centers for Medicare and Medicaid Services. [L 2019, c 140, §2]
Haw. Rev. Stat. § 353-38 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-38
Federal reimbursement maximization special fund.
Status: in_force

(a) There is established in the state treasury the federal reimbursement maximization special fund, into which shall be deposited all federal reimbursements received by the department relating to the State Criminal Alien Assistance Program. Unless otherwise provided by law, all other receipts shall immediately be deposited to the credit of the general fund of the State.

(b) Moneys in the federal reimbursement maximization special fund shall be used by the department for the following purposes:

(1) To meet the state match requirement for federal grants and costs associated with federal grant reporting requirements, including administrative expenses such as the hiring of temporary staff;

(2) For any other purpose deemed necessary by the department for maintaining or pursuing federal grants;

(3) To hire consultants to provide training for corrections officers;

(4) To hire consultants to conduct facility or program evaluations;

(5) To rent or purchase vehicles to transport inmates;

(6) To provide pre-release and reentry programs;

(7) To improve technology; and

(8) To recruit and retain corrections workforce.

(c) The department shall prepare and submit an annual report on the status of the federal reimbursement maximization special fund to the legislature no later than twenty days before the convening of each regular session. The annual report shall include a description of the use of the funds. [L 2022, c 278, pt of §18]
Haw. Rev. Stat. § 353-1.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-1.5
Criminal history record checks.
Status: in_force

(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, volunteers, contract service providers, and subcontract service providers of the State ' s correctional facilities, which shall include criminal history record checks.

(b) For purposes of this section:

"Contract service provider" means an individual or employee of an entity contracted directly by the department to provide a specific service. "Contract service provider" includes students who, as a part of their educational curriculum or assigned internship from a college or university, regardless of whether or not they receive a stipend, are assigned to the department to provide or learn how to provide a specific service for the department.

"Prospective staff member" means any applicant for a job in the department that is directly involved in the treatment and care of persons committed to a facility.

"Staff member" means any employee of the department who is directly involved with the treatment and care of persons committed to a facility.

"Subcontract service provider" means an individual or employee of an entity hired by a contract service provider.

"Volunteer" means an individual or organization who provides goods or services to the department without monetary or material compensation from the department.

(c) The department shall obtain criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7, on all staff members and prospective staff members, volunteers, contract service providers, and subcontract service providers of the department. Prospective staff members, volunteers, contract service providers, and subcontract service providers shall be fingerprinted and the criminal history record check shall be completed before beginning employment, providing contracted services, or volunteering.

(d) The department may deny employment to a prospective staff member who was convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds from the prospective staff member's criminal history record that the prospective staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large.

(e) Staff members shall not be subject to termination based on findings in their criminal records except for:

(1) Those whose conviction of a crime occurred after May 8, 1989, or under circumstances in which a staff member is a fugitive from justice; and

(2) Crimes other than a minor traffic violation involving a fine of $50 or less, where because of the staff member's conviction record, the staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large. [L 2022, c 278, pt of §18; am L 2024, c 74, §2]
Haw. Rev. Stat. § 353-64 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-64
Committed persons paroled.
Status: in_force

Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to parole in the manner and form as set forth in this part; provided that the committed person shall be paroled in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless:

(1) The committed person will reside in a county in which the population exceeds eight-hundred thousand persons;

(2) The committed person will be released for immediate departure from the State; or

(3) The committed person shall be released to the county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; provided that to be considered for parole to another county in the State, the committed person shall provide a written request to the department not less than six months prior to the expiration of the committed person's longest minimum sentence.

Provided further that to be eligible for parole, the committed person, if the person is determined by the department to be suitable for participation, must have been a participant in an academic, vocational education, or prison industry program authorized by the department and must have been involved in or completed the program to the satisfaction of the department; and provided further that this precondition for parole shall not apply if the committed person is in a correctional facility where academic, vocational education, and prison industry programs or facilities are not available. A grant of parole shall not be subject to acceptance by the committed person. [L 1917, c 103, §1; RL 1925, §1560; am L 1931, c 126, §1; RL 1935, §6435; RL 1945, §3958; am L 1955, c 239, §1; RL 1955, §83-63; HRS §353-64; gen ch 1985; am L 1988, c 147, §1; am L 1993, c 101, §1 and c 201, §1; am L Sp 2007, c 8, §14]
Haw. Rev. Stat. § 355-2 — HI Code / Division 1 / Title 20 / Chapter 355 / Section 355-2
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 2(d) of the Western 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 3 of the Western Interstate Corrections Compact.
Haw. Rev. Stat. § 353-28.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-28.5
Visits from family members.
Status: in_force

(a) Family members shall be allowed to visit an inmate at any state correctional facility during official visiting hours.

(b) A visit from a family member shall be preapproved and prescheduled. Notwithstanding any other law to the contrary, preapproved and prescheduled visits for which family members have incurred substantial costs, including but not limited to travel from a neighbor island or the mainland, shall not be canceled due to staff absenteeism or any nonemergency situation.

(c) The department shall develop internal policies and procedures consistent with this section.

(d) For the purposes of this section, "family members" means persons who are related to each other by blood, marriage, adoption, or legal guardianship, or as reciprocal beneficiaries. [L 2006, c 318, §2]
Haw. Rev. Stat. § 353H-2.5 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-2.5
Offender reentry office.
Status: in_force

There shall be established within the department of corrections and rehabilitation an offender reentry office to oversee the development and implementation of the comprehensive offender reentry system.

The offender reentry office shall:

(1) Ensure that the present and future reentry needs of persons committed to correctional facilities are being evaluated and met in an effective and appropriate manner;

(2) Develop and implement risk needs assessment tools to properly place offenders in programs and services;

(3) Match offenders to programs and services that address risks and needs identified;

(4) Monitor and record progress made by offenders while participating in prescribed programs and services;

(5) Identify and make recommendations to address needs not addressed by programs and services;

(6) Provide training opportunities for department staff and service providers in assessments and evidence-based practices;

(7) Work closely and collaborate with the community service and work furlough programs located in the community correctional centers and correctional facilities;

(8) Work closely and collaborate with the Hawaii paroling authority; and

(9) Work closely and collaborate with community partners such as organizations, businesses, and concerned citizens. [L 2012, c 76, §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-228 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-228
Action upon investigation.
Status: in_force

Upon investigation the department shall take action to prevent abuse and shall have the authority to do any or all of the following:

(1) Resolve the matter in an informal fashion as is appropriate under the circumstances;

(2) Exercise its right of entry under section 346-229;

(3) Seek an order for immediate protection;

(4) Seek a temporary restraining order;

(5) File a petition with the court under this part; and

(6) Seek any protective or remedial actions authorized by law. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §10]
Haw. Rev. Stat. § 346-19.8 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-19.8
[ §346-19.
Status: in_force

[ §346-19.8] Department standards and requirements; disability. The department shall not consider the disability of a person to be the sole factor in making a determination under section 346-17 or section 346-19.7. If the department makes a determination to deny the petition of a disabled person under section 346-17 or section 346-19.7, the department shall make specific written findings stating the basis for the determination. The party attempting to demonstrate that the disability impairs a person's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.
Haw. Rev. Stat. § 350E-6 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-6
Requirements for visitation, inspection, supervision.
Status: in_force

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under any other chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children.
Haw. Rev. Stat. § 346-17.4 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-17.4
Higher education stipends for students.
Status: in_force

(a) An eligible former foster youth shall be eligible for a higher education stipend after reaching the age of majority, and the higher education stipend for that former foster youth shall be paid to an intermediary contracted by the department, to the former foster youth, or to the former foster youth's former resource caregivers, adoptive parents, or legal custodians, as appropriate; provided that:

(1) The former foster youth is twenty-six years old or younger;

(2) The former foster youth has submitted a completed application for a higher education stipend six months prior to the youth's twenty-seventh birthday; and

(3) The former foster youth is attending or has been accepted to attend an accredited institution of higher education.

(b) The higher education stipend may be issued and applied to costs incurred while the former foster youth is attending an accredited institution of higher education on a full-time basis or on a part-time basis, in accordance with rules adopted by the department.

(c) The duration of the total higher education stipend shall not exceed a cumulative total of sixty months.

(d) The amount of the higher education stipend shall be based on the financial support the department provides in accordance with rules adopted by the department.

(e) The department's standards relating to income resources of foster children shall be applicable to this section.

(f) Higher education stipends shall be provided subject to the availability of state and federal funds. [L 1989, c 394, §1; am L 1990, c 276, §1; am L 1999, c 124, §1; am L 2000, c 79, §1; am L 2001, c 80, §2; am L 2006, c 289, §3; am L 2008, c 198, §2; am L 2016, c 134, §2]
Haw. Rev. Stat. § 351-64 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-64
No double recovery.
Status: in_force

Application may be made by any eligible person for compensation under both parts III and IV of this chapter, but no order shall have the effect of compensating any person more than once for any loss, expense, or other matter compensable under this chapter.
Haw. Rev. Stat. § 353D-3 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-3
Offender family service center program; established.
Status: in_force

(a) There is established in the department an offender family service center program near the Oahu community correctional center.

(b) The department may contract with a private nonprofit agency pursuant to chapter 42D to implement this chapter. [L 1987, c 251, pt of §1; am L 1991, c 335, §13]
Haw. Rev. Stat. § 346-6 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-6
Appropriations; expenditures; donations.
Status: in_force

Moneys provided by the legislature for expenditure by the department of human services shall be expended upon vouchers approved by the director of human services or the director's duly authorized subordinates.

All contributions or donations of money to the department shall be paid into the state treasury to be expended according to law and for purposes in accordance with the terms and conditions of the contributions or donations, and all such moneys are appropriated for such purposes; provided that no such contributions or donations shall be accepted by the department except for expenditures within the purposes of this chapter. The department may accept donations other than money, provided the donations may be used within the purposes of this chapter, and if accepted, may pay for the storage, handling, and distribution of same; provided that any capital expenditures in connection with the storage, handling, and distribution shall be approved by the governor. [L 1941, c 296, pt of §1; RL 1945, §4822; RL 1955, §108-2; HRS §346-6; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 356D-4 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-4
General powers of the authority.
Status: in_force

(a) The authority may:

(1) Sue and be sued;

(2) Have a seal and alter the same at pleasure;

(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(4) Adopt bylaws and rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs;

(5) Sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in support of its purposes, powers, and programs; provided that the sale of real property shall be subject to legislative approval;

(6) Receive by gift, grant, devise, bequest, or otherwise from any source, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income thereof, for the benefit only of the residents assisted by its programs; provided that no gift to the authority that has an estimated value of $1,000 or more shall be accepted unless approved or confirmed by the board; and

(7) Engage the services of volunteers as deemed appropriate by the authority without regard to chapter 76, 89, 90, 103, or 103D.

(b) In addition to other powers conferred upon it, the authority may do all things necessary and convenient to carry out the powers expressly provided in this chapter. [L 2006, c 180, pt of §2; am L 2013, c 148, §1]