reglab/housing_qa huggingface dataset:
HI Rev Stat § 346-223 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-223 Jurisdiction; venue.

  §346-223 Jurisdiction; venue. The family court shall have jurisdiction over protective proceedings under this part that concern a vulnerable adult who was or is found within the judicial circuit at the time the facts and circumstances occurred, were discovered, or were reported to the department, which constitute the basis for a finding that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken; provided that the protective proceedings under this part shall not be considered exclusive and shall not preclude any other criminal, civil, or administrative remedy. The protective proceedings under this part shall be held in the judicial circuit in which the vulnerable adult resides at the time of the filing of the petition or in which the vulnerable adult has assets. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §5]
HI Rev Stat § 346-225 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-225 Confidentiality of reports.

  §346-225 Confidentiality of reports. 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. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §3; am L 2008, c 154, §7]
HI Rev Stat § 346-226 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-226 Access to records.

  §346-226 Access to records. Records of a vulnerable adult shall be obtained by the department or the vulnerable adult's court-appointed guardian ad litem with the written consent of the vulnerable adult or the vulnerable adult's representative, or by court order. Any person who reports to the department under section 346-224, upon demand of the department, shall provide all information related to the alleged incident of abuse, including financial records and medical reports, which were not included in the written report submitted pursuant to section 346-224(b). [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §8]
HI Rev Stat § 346-227 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-227 Investigation.

 §346-227 Investigation. Upon receiving a report that abuse of a vulnerable adult has occurred or is in danger of occurring if immediate action is not taken, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriate. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §9]
HI Rev Stat § 346-228 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-228 Action upon investigation.

 §346-228 Action upon investigation. 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]
HI Rev Stat § 346-229 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-229 Right of entry.

 §346-229 Right of entry. (a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with the department's access to or communication with the vulnerable adult shall be guilty of a misdemeanor.  (b) Any employee of the department engaged in an investigation under this part, having probable cause to believe that a vulnerable adult will be physically injured through abuse before a court order for entry can be obtained, without a warrant, may enter upon the premises where the vulnerable adult may be found for the purpose of ascertaining that person's welfare. Where a warrantless entry is authorized under this section, the employee of the department may request the assistance of a police officer to gain entrance. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §11]
HI Rev Stat § 346-230 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-230 Termination of services.

 §346-230 Termination of services. (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; am L 1992, c 62, §2; am L 2008, c 154, §12; am L 2011, c 220, §4]
HI Rev Stat § 346-232 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-232 Order to show cause hearing.

  §346-232 Order to show cause hearing. (a) When a written order for immediate protection is issued, the court shall hold a hearing on the application for immediate protection, no later than seventy-two hours after issuance of the written order, excluding any Saturday or Sunday, requiring cause to be shown why the order or orders should not continue. The department shall make arrangements to have the vulnerable adult attend the hearing or show cause why the vulnerable adult cannot attend.  (b) When the court finds that there is probable cause to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken, and the vulnerable adult consents, or if the vulnerable adult does not consent and the court finds that there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult's person, the court may continue or modify any order pending an adjudicatory hearing on the petition. These orders may include orders for the vulnerable adult's temporary placement and ordinary medical care.  (c) The parties personally or through counsel may stipulate to the entry or continuance of such orders as the court deems to be in the best interest of the vulnerable adult, and the court shall set the case for an adjudicatory hearing as soon as it is practical. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §5; am L 2008, c 154, §14]
HI Rev Stat § 346-233 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-233 Petition.

 §346-233 Petition.  (a) A petition invoking the jurisdiction of the court under this part shall be entitled "In the matter of the protection of ," and shall be verified.  (b) The petition shall set forth with specificity the:  (1) Reasons the person is considered to be a vulnerable adult;  (2) Facts that bring the vulnerable adult within this part;  (3) Name, birth date, sex, and residence address of the vulnerable adult;  (4) Names and addresses of any living persons, or entities required to be notified pursuant to section 346-237; and  (5) If appropriate, allegations describing any lack of capacity of the vulnerable adult. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §15]
HI Rev Stat § 346-234 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-234 Guardian ad litem; counsel.

  §346-234 Guardian ad litem; counsel. (a) In any case where the court has reason to believe that a vulnerable adult or any other party lacks the capacity to effectively make decisions concerning the party's person, it may appoint a guardian ad litem to represent the interests of that party throughout the pendency of proceedings under this part. The court shall appoint counsel for the vulnerable adult at any time where it finds that the vulnerable adult requires a separate legal advocate and is unable to afford private counsel.  (b) The court may order reasonable costs and fees of the guardian ad litem to be paid by the party for whom the guardian ad litem is appointed, if that party has sufficient financial resources to pay the costs and fees. The court may also order the appropriate parties to pay or reimburse reasonable costs and fees of the guardian ad litem and counsel appointed for the vulnerable adult. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §16] Cross References  Maximum fees for appointed counsel and guardian ad litem, see §571-87.
HI Rev Stat § 346-235 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-235 Consolidation with guardianship proceedings.

  §346-235 Consolidation with guardianship proceedings. A proceeding for the appointment of a guardian or conservator under article V of chapter 560 may be consolidated with the proceedings under this part as the applicable circuit court and the family court, in the exercise of their discretion, shall permit. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §6; am L 2004, c 161, §9]
HI Rev Stat § 346-236 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-236 Permanent changes.

 §346-236 Permanent changes. Permanent changes in the living situation of a vulnerable adult who has incurred abuse shall not ordinarily be made under authority of this part. If permanent changes in the living situation or nonemergency medical treatment are necessary, the appropriate guardianship, or civil commitment action shall be initiated pursuant to applicable state law. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §17]
HI Rev Stat § 346-237 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-237 Notice of proceedings.

  §346-237 Notice of proceedings. (a) After a petition has been filed, the matter shall be set for hearing and a notice of hearing shall be issued to all parties to the proceeding. The parties to the proceeding shall include:  (1) The vulnerable adult;  (2) Any caregiver of the vulnerable adult;  (3) A representative of the facility in which the vulnerable adult resides or is a patient;  (4) The spouse and adult children of the vulnerable adult;  (5) The parents of the vulnerable adult, unless waived by the court for good cause;  (6) Any guardian or conservator who may have been appointed; and  (7) Any other person or entity affected by the order for immediate protection.  (b) Where the name or whereabouts of a potential party is unknown, the court may require the petitioner to set forth the reasonable efforts the petitioner made to ascertain the party's name or whereabouts and why the petitioner has been unable to determine those facts. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §7; am L 2004, c 161, §10; am L 2008, c 154, §18] Note  L 2004, c 161, §36 purports to amend this section.
HI Rev Stat § 346-238 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-238 Service.

  §346-238 Service. (a) Service of the notice shall be made by delivery of a copy thereof together with a certified copy of the petition to each person or entity to be given notice either by personal service, by certified mail, return receipt requested and addressed to the last known address, by publication, or by other means authorized by the court. Upon a showing of good cause, the court may waive notice to any party except the vulnerable adult.  (b) Service shall be effected at least forty-eight hours prior to the time fixed in the notice for hearing when held pursuant to section 346-232(a), or at least fifteen days prior to the time fixed in the notice for an adjudicatory, disposition, or review hearing, unless the party otherwise was ordered by the court to appear at those hearings. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §19]
HI Rev Stat § 346-239 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-239 Required findings concerning postponed hearings.

 §346-239 Required findings concerning postponed hearings. Except as otherwise provided, no hearing shall be delayed upon the grounds that a party other than the vulnerable adult is not present at the hearing or has not been served with a copy of the order for immediate protection or the petition, where reasonable efforts have been made to effect service and it would be detrimental to the vulnerable adult to postpone the proceedings until service can be made. Whenever a hearing is delayed or postponed under this section, the court shall enter a finding that it will not be detrimental to the vulnerable adult and shall also specify what additional measures shall be undertaken to effect service. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §20]
HI Rev Stat § 346-241 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-241 Disposition.

  §346-241 Disposition. (a) The department shall prepare a proposed protective order and a written protective services plan and submit copies to the court and each of the parties or their counsel at least seven days prior to the disposition hearing.  (b) The proposed protective order may include any of the provisions set forth in section 346-231, and, in addition may include an order that:  (1) The person inflicting abuse on the vulnerable adult participate in counseling or therapy as the court deems appropriate;  (2) Any party report to the department any violation of the protective order or protective services plan;  (3) The department make periodic home visits to the vulnerable adult; and  (4) The department monitor compliance with the order.  (c) The proposed protective services plan shall set forth the following:  (1) Specific services or treatment to be provided to the vulnerable adult and the specific actions the parties shall take;  (2) Specific responsibilities that the parties shall assume;  (3) Period during which the services shall be provided;  (4) Dates by which the actions shall be completed;  (5) Specific consequences that may be reasonably anticipated to result from a party's failure to comply with any terms and conditions of the plan; and  (6) Steps that shall be necessary to terminate the court's jurisdiction.  (d) In preparing such a proposed protective order, the department shall seek to impose the least restrictive limitation on the freedom and liberties of the vulnerable adult. To the greatest extent possible, the vulnerable adult should be permitted to participate in decisions concerning the vulnerable adult's person, or property, or both.  (e) The court shall conduct a disposition hearing concerning the terms and conditions set forth in the proposed protective order and proposed protective services plan unless each of the appropriate parties accepts the order and plan, in which event, the court may approve the order and plan without a hearing. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, § §3, 4; am L 2008, c 154, §22]
HI Rev Stat § 346-242 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-242 Review hearings.

  §346-242 Review hearings. 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. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §5; am L 2008, c 154, §23]
HI Rev Stat § 346-243 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-243 Appeal.

  §346-243 Appeal. Any party aggrieved by an order or decree of the court may appeal as provided by section 571-54. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
HI Rev Stat § 346-244 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-244 Admissibility of evidence.

  §346-244 Admissibility of evidence. The physician-patient privilege, the psychologist-client privilege, the spousal privilege, and the victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report pursuant to this part. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 217, §2] Cross References  Physician-patient privilege, see §626-1, rule 504.  Psychologist-client privilege, see §626-1, rule 504.1.  Spousal privilege, see §626-1, rule 505.  Victim-counselor privilege, see §626-1, rule 505.5.
HI Rev Stat § 346-245 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-245 Hearings.

  §346-245 Hearings. The protective proceedings shall be heard without a jury. The hearing may be adjourned from time to time. The general public shall be excluded, and only such persons as are found by the court to have a direct interest in the case shall be admitted. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
HI Rev Stat § 346-246 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-246 Failure to comply with court orders.

  §346-246 Failure to comply with court orders. The court may apply contempt of court provisions and all other provisions available under the law if a party fails to comply with the terms and conditions of any order issued under this part. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
HI Rev Stat § 346-247 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-247 Payment for service or treatment provided to a party.

  §346-247 Payment for service or treatment provided to a party. Whenever service, treatment, care, or support of a vulnerable adult is provided under this part, the persons or legal entities who may be legally obligated to pay for the service, treatment, care, or support of the vulnerable adult, may be ordered by the court to pay the cost of the service, care, support, or treatment provided to the vulnerable adult in whole or in part, after notice and hearing. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §24]
HI Rev Stat § 346-248 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-248 Fiscal and service responsibility.

  §346-248 Fiscal and service responsibility. The department or other authorized agencies shall provide only the care, service, treatment, support, or payment authorized by law. The department or authorized agencies shall have the authority to establish priorities and limitations of services based on their resources. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
HI Rev Stat § 346-249 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-249 Cooperation.

 §346-249 Cooperation. Every public official or department shall render all assistance and cooperation within the official's or department's power and that may further the purpose and objectives of this part. The department and the court may seek the cooperation of organizations whose objectives are to protect or aid vulnerable adults. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §25]
HI Rev Stat § 346-250 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-250 Immunity from liability.

  §346-250 Immunity from liability. (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]
HI Rev Stat § 346-251 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-251 Presumption of capacity.

  §346-251 Presumption of capacity. An individual shall be presumed capable of making decisions concerning the individual's person. A determination that an individual lacks capacity under this part shall not be construed as a finding that the individual lacks capacity for any other purpose. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
HI Rev Stat § 346-252 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-252 Advanced age.

  §346-252 Advanced age. An individual shall not be involuntarily subjected to the provisions of this part solely based on advanced age. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
HI Rev Stat § 346-253 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|346. Department of Human Services|346-253 Rules.

  §346-253 Rules. The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]