reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-261 First-To-Work; establishment; purpose.

Note
Part heading amended by L 2008, c 88, pt of §1.
§346-261 First-To-Work; establishment; purpose.
(a) There is established a mandatory work program for certain applicants and recipients of temporary assistance for needy families and temporary assistance for other needy families consistent with federal regulations and requirements under title IV, part A of the Social Security Act, title 42 United States Code section 601 et seq. The purposes of the first-to-work program shall be to encourage, assist, and require temporary assistance for needy families and temporary assistance for other needy families applicants and recipients to fulfill their responsibilities to support their children by preparing for, accepting, and retaining employment. The department shall adopt rules consistent with the requirements of title IV, part A of the Social Security Act, title 42 United States Code section 601 et seq., and in accordance with chapter 91 for the purposes of this part.
(b) The department may provide housing assistance subsidies of up to $500 per month to eligible households receiving benefits under the temporary assistance for needy families or temporary assistance for other needy families programs during the household's participation in the first-to-work program. Any plan developed pursuant to section 346-51.5 for expenditure of temporary assistance for needy families funds shall be updated to account for expenditures for housing assistance subsidies. The expenditure of funds for the administration of housing assistance subsidies shall be exempt from chapters 103D and 103F. [L 1990, c 321, pt of §1; am L 2008, c 88, pt of §1; am L 2022, c 237, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-301 Adoption assistance program established.

§346-301 Adoption assistance program established.
The department of human services shall maintain an adoption assistance program to facilitate the adoption of children with special needs. [L 1992, c 190, pt of §1]
Cross References
Adoption assistance compact, see chapter 350C.
Interstate compact on placement of children, see chapter 350E.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-305 Effect on prior adoption assistance agreements.

§346-305 Effect on prior adoption assistance agreements.
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. [L 1992, c 190, pt of §1]
Revision Note
"Part" substituted for "act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-351 Findings.

§346-351 Findings.
The legislature finds that:
(1) Patients who are medicaid recipients and who suffer from the human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, or who are in need of immunosuppressives as a result of organ transplants, have the least means available to obtain proper medications required to control their illnesses;
(2) These medicaid recipients, if not promptly treated and maintained on effective medications, will, by the very nature of their illnesses, suffer greatly and may require increased medical care, including prolonged hospitalization, resulting in increased costs to these patients and society as a whole;
(3) Failure to promptly treat a patient with the human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C, and failure to use effective immunosuppressives during and after organ transplants, may result in increased suffering by the patients, the early or unnecessary loss of the patients' lives, increased cost of medical care, and increased emotional, physical, financial, and societal costs;
(4) It is ethically imperative that the physicians who treat medicaid recipient patients with human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C, or patients who are in need of immunosuppressives before, during, and after transplant operations, have the unfettered ability to promptly medically intervene in treating these patients and to continue proven medications for those patients;
(5) The procedure of requiring preauthorization of medicaid recipients before dispensing medications for the treatment of human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, and immunosuppressives needed for transplant patients, is unduly arduous, difficult, and too time-consuming for practitioners with large numbers of these patients who require immediate treatment to avoid permanent injury and other undesirable consequences; and
(6) The imposition of a "first fail" plan before a physician can adjust or change a medication not on the approved list of medications is medically unsound. The condition of a seriously ill patient suffering from the human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C, or who is in need of transplant immunosuppressives, will generally not remain stable for long without prompt treatment. If these persons are not more promptly and effectively treated, a significant probability exists that there will be a substantial increase in health care costs and hospitalizations, thereby increasing medical costs to the State. [L 2005, c 241, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-352 Preauthorization exemption for certain physicians and physician assistants

§346-352 Preauthorization exemption for certain physicians and physician assistants
. Any physician or physician assistant licensed in this State who treats a medicaid recipient patient suffering from the human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C, or who is a patient in need of transplant immunosuppressives, may prescribe any medications approved by the United States Food and Drug Administration and that are eligible for Omnibus Budget Reconciliation Rebates Act (OBRA), that are necessary to treat the condition, without having to comply with the requirements of any preauthorization procedure established by any other provision of this chapter. This section shall not apply to medicaid managed care medical plans. [L 2005, c 241, pt of §1; am L 2007, c 92, § §2, 5; am L 2009, c 151, §16; am L 2015, c 20, §8]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-362 Duties.

§346-362 Duties.
(a) The department of human services shall administer and operate homeless facilities and any other program for the homeless authorized by this part; establish programs for the homeless; and take any other actions necessary to effectuate the purposes of this part.
(b) The department shall adopt rules pursuant to chapter 91 for the purposes of this part; provided that these rules, or any rules relating directly to homelessness authorized by any statute, shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91 and shall take effect immediately upon filing with the office of the lieutenant governor. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-363 Exception to liability for donors.

§346-363 Exception to liability for donors.
(a) Any donor who gives money to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation.
(b) Any donor who gives land and improvements, or who leases land and improvements at a nominal consideration, to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation, except as may result from the donor's gross negligence or wanton acts or omissions; provided that if the donor at the time of donation gave the department a full disclosure of all the dangers concerning the land and improvements known to the donor, the donor shall not be liable for any civil damages resulting from the donation.
(c) Any donor who, in good faith and without remuneration or expectation of remuneration, provides services or materials used to build and construct a facility for the homeless, or who renovates, repairs, or maintains an existing or acquired facility for the homeless, or who provides shelter to homeless persons, shall not be liable for any civil damages resulting from the donor's acts or omissions, except for damages resulting from the donor's gross negligence relating to the donation.
(d) The department shall be responsible for inspecting, reviewing, analyzing, qualifying, and determining that the land, structures, materials, or services donated to the department for use by the department in facilities for the homeless are reasonably safe for public use. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-364 Contract or conveyance to the department.

§346-364 Contract or conveyance to the department.
Notwithstanding any other law to the contrary, the board of land and natural resources or other state agency holding lands and improvements may contract or otherwise convey at a nominal consideration, by direct negotiation and without recourse to public auction, the land and improvements, or the management, operation, and administrative responsibility over the land and improvements, to the department or its designee. The land and improvements shall be used by the department or its designee for homeless facilities or for any other program for the homeless authorized by this part. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-365 Program administration.

§346-365 Program administration.
To the extent that appropriations are made available, the department may contract with a provider agency to administer homeless facilities or any other program for the homeless created by this part. The selection of provider agencies to administer homeless facilities or any other program for the homeless authorized by this part shall not be subject to chapters 42F, 102, and 103. The selection of provider agencies shall be subject to qualifying standards and criteria established by rule.
The provider agency shall be qualified by the department to operate and manage a homeless facility or any other program for the homeless authorized by this part pursuant to standards and criteria established by rules for eligibility. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-366 Time limits.

§346-366 Time limits.
To the extent that appropriations are made available, a provider agency shall provide shelter or any other program assistance authorized by this part to eligible homeless families and homeless individuals not later than three days after a vacancy occurs, or such time as is set by rule, which shall not be later than seven days after they apply and qualify for the shelter or other program assistance. These time limits may be waived at the discretion of the department for a maximum period of fourteen days for the purpose of implementing repairs to the subject shelter that the department deems major or extensive. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-367 Determination of eligibility and need.

§346-367 Determination of eligibility and need.
(a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining if an applicant is eligible for shelter or other services at the homeless facility or through any other program for the homeless, pursuant to standards and criteria established by rule.
(b) The provider agency or the department operating and managing its own homeless facility shall determine the degree of need for each homeless family or individual and, in its determination, shall consider the resources available and the number of potential eligible applicants in the area served by the homeless facility or other program for the homeless authorized by this part.
(c) The department may establish by rule standards and criteria for eligibility, need, and priority for each program; provided that the department may establish by rule exceptions to these eligibility requirements based on special circumstances. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-368 Abuse of assistance.

§346-368 Abuse of assistance.
(a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining whether a participant is no longer eligible for shelter or other services at the homeless facility or for any other program for the homeless, pursuant to standards and criteria established by rule.
(b) Pursuant to rule and the right of due process, the department or its designee, or provider agencies together with the department, may act to bar homeless families or individuals from participating further in any homeless facility or services, may issue a writ of possession, and take other actions as provided by rule.
The enforcement of a writ of possession shall be effected either by an officer appointed by the department, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ. The person enforcing the writ shall remove all persons from the premises and put the department or its designee, or the provider agency designated by the department, in full possession thereof.
Upon eviction, the household goods and personal effects of the person against whom the writ is entered, and those of any persons using the premises incident to the person's holding, may be removed from the premises immediately and sold or otherwise disposed of by the department or its designee or the provider agency. The department or its designee or the provider agency shall have a lien on the property so removed for the expenses incurred in moving the property.
(c) Any person who enters or remains unlawfully in or upon the premises or living quarters of any homeless facility or any other program for the homeless authorized by this part, after reasonable warning or request to leave by that provider agency's agents, the department or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code. A warning or request shall only be issued if the person has engaged in unlawful conduct or has violated house rules and regulations. The house rules shall be reasonable and a copy shall be provided to each tenant or participant. The warning or request shall supersede any invitation by a tenant or participant at the shelter, facility, or program to that person to visit the premises or living quarters. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-369 Exemptions.

§346-369 Exemptions.
(a) Any compensation received by a provider agency for services rendered to homeless families or individuals, or in operating or managing a homeless facility authorized by this part, is exempt from taxation under chapter 237.
(b) Any county mayor may exempt, by executive order, donors and provider agencies from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate the exemptions granted by this subsection.
(c) Any provider agency operating or managing a homeless facility or any other program for the homeless authorized by this part is exempt, for purposes of those facilities or programs, from any requirements contained in part VIII of chapter 346 and chapters 467 and 521. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-370 Emergency or transitional shelter volunteers.

§346-370 Emergency or transitional shelter volunteers.
(a) For the purposes of this section, "emergency or transitional shelter volunteer" means an individual who:
(1) Is a tenant at an emergency or transitional shelter administered pursuant to this part;
(2) Is not an employee of the provider agency operating or managing the shelter;
(3) Is under the direction of the provider agency operating or managing the shelter and not the department or the State; and
(4) Provides up to eighty hours of volunteer labor or services per month to the provider agency operating or managing the shelter, notwithstanding payment of stipends or credits for the labor and services.
(b) Provider agencies may accept labor and services from emergency or transitional shelter volunteers.
(c) In addition to any exemptions granted to nonpaid labor, emergency or transitional shelter volunteers who acknowledge in writing that they are emergency or transitional shelter volunteers shall not be construed to be in the employ of the provider agency operating or managing the shelter. The volunteers' labor and services provided to the provider agency operating or managing the shelter shall not be construed to constitute employment, and the volunteers shall not be construed to be employees of the provider agency operating or managing the shelter, under any labor law. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-371 Annual financial audit.

§346-371 Annual financial audit.
(a) The department shall require any provider agency that dispensed shelter or assistance for any homeless facility or any other program for the homeless authorized by this part to submit to the department a financial audit when requested, but at least annually. The audit shall be conducted by a certified public accounting firm. This audit shall contain information specific to the funds received under state homeless program contracts. The audit shall include recommendations to address any problems found.
(b) Continuing contracts with provider agencies to participate in any program for the homeless authorized by this part shall require that the provider agency address the recommendations made by the audit, subject to exceptions as set by the department.
(c) Failure to carry out the recommendations made by the audit may be grounds for the department to bar a provider agency from further contracts for programs authorized by this part until the barred provider has addressed all deficiencies. [L 2010, c 89, pt of §2; am L 2016, c 234, §4; am L 2017, c 100, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-372 Provider agency and donor cooperation are not in restraint of trade.

§346-372 Provider agency and donor cooperation are not in restraint of trade.
No provider agency or any other agency, or donor or donors, or method or act thereof that complies with this part shall be deemed a conspiracy or combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily, or the creation of a combination or pool, or to accomplish any improper or illegal purpose. Any cooperation or agreement established pursuant to rule shall not be considered as illegal, in restraint of trade, or as part of a conspiracy or combination to accomplish an illegal purpose or act. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-374 Homeless shelter stipends.

§346-374 Homeless shelter stipends.
(a) The department may make or may contract to make homeless shelter stipend payments to a provider agency operating or managing an emergency or transitional shelter. Under each contract, the department shall pay homeless shelter stipends only for performance measures actually achieved by the provider agency, such as the number of homeless families or individuals actually provided with shelter and appropriate services at the emergency or transitional shelter. The contract also may include provisions for the automatic adjustment of the homeless shelter stipend amounts, depending on factors agreed to by the department and provider agency.
(b) In making homeless shelter stipend payments to a provider agency, the department may establish minimum services to be provided by the provider agency to homeless families or individuals at the provider agency's shelter. The department may also direct provider agencies to establish and manage a savings account program as described in subsection (c). Additionally, the department may direct provider agencies to subcontract for outreach services from other private agencies specializing in programs for the unsheltered homeless.
(c) When authorized under a contract with the department, a provider agency may establish and collect shelter and services payments from homeless families or individuals in addition to the amount received in homeless shelter stipend payments. To the extent possible, the shelter and service payment amounts established and collected by a homeless facility, other than an emergency shelter, shall be based on the homeless families' and individuals' ability to pay. If collection of payments based on ability to pay is too difficult, costly, or inefficient for the provider agency, the payment amounts may be based on other criteria authorized under the contract or waived partially or entirely.
Provider agencies and the department may also set aside a portion of the payments in a savings account to be made available to homeless families or individuals when these families and individuals vacate the shelter.
(d) Any state funding assistance provided to a provider agency for compliance with the minimum requirements under section 346-374.5(b) shall be in addition to homeless shelter stipends paid to the provider agency. [L 2010, c 89, pt of §2; am L 2016, c 234, §5; am L 2017, c 100, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-374.5 Emergency shelter; minimum requirements.

§346-374.5 Emergency shelter; minimum requirements.
(a) This section shall apply to every emergency shelter operated by a provider agency that is under contract with the department to receive homeless shelter stipends for providing shelter and services to homeless families or individuals at the emergency shelter.
(b) The department shall require an emergency shelter to comply with the following:
(1) The shelter shall have the number of showers and bathrooms that the department deems appropriate and sufficient for the number of homeless families or individuals who use the shelter and the capacity of the shelter. The showers and bathrooms may be part of the shelter building or portable and unattached to the shelter building;
(2) The shelter may have partitioned space for each homeless family or individual that provides separation from other homeless families or individuals in the shelter. The minimum area of the partitioned space and height of the partition shall be determined by the department and may differ among emergency shelters, according to the number of homeless families or individuals who use the shelter and the capacity of the shelter. A shelter that provides separate rooms or portable dwelling units for homeless families or individuals, including converted shipping containers or school classrooms, shall be deemed to exceed this minimum requirement; and
(3) The shelter shall provide storage for the personal possessions of each homeless family or individual served by the shelter. The storage shall be securable by the homeless family or individual. The type and number of the storage equipment, space, or area shall be determined by the department.
(c) The department may require an emergency shelter to comply with any other requirements that the department deems appropriate or necessary. The requirements established by the department may vary among emergency shelters.
(d) A provider agency contracted to operate or manage an emergency shelter not owned by the department shall comply with the minimum requirements of subsection (b). The provider agency shall bear all costs of compliance, unless the department provides or contributes state funding assistance; provided that the state funding assistance shall be:
(1) In addition to homeless shelter stipends paid to the provider agency under section 346-374;
(2) Subject to the availability of legislative appropriations; and
(3) Recoverable, in whole or part, by the department if the provider agency does not perform satisfactorily under or for the duration of the term of its contract with the department to operate or manage the shelter.
(e) Any emergency shelter owned by the department shall comply with the minimum requirements under subsection (b), regardless of whether the department contracts with a provider agency to manage or operate the emergency shelter. [L 2016, c 234, §2; am L 2017, c 100, § §2, 4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-375 Temporary emergency shelter.

§346-375 Temporary emergency shelter.
(a) In addition to any other duties prescribed by law, the department shall develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals and families. The department shall actively partner with and monitor the efforts of the counties.
(b) Each county shall be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters. The designated locations may include private, county, state, and federal lands. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-376 Additional powers.

§346-376 Additional powers.
The powers conferred upon the department by this part shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities conferred. [L 2010, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 346. Department of Human Services › 346-381 Hawaii interagency council on homelessness; establishment.

Note
Part heading amended by L 2022, c 252, §3.
Establishment of designated safe facilities for overnight stays. L 2012, c 105, §4.
A. Hawaii Interagency Council on Homelessness
Note
Sections 346-381, 346-381.5, 346-382, and 346-383 designated as subpart A by L 2022, c 252, §4.
§346-381 Hawaii interagency council on homelessness; establishment.
(a) There is established the Hawaii interagency council on homelessness, which shall be an advisory body exempt from section 26-34. The Hawaii interagency council on homelessness shall be established within the department of human services for administrative purposes.
(b) The Hawaii interagency council on homelessness shall:
(1) Serve as the statewide homelessness planning and policy development entity with broad representation from state and county government and the community;
(2) Formulate, and advise the governor on the implementation of, a unified ten-year statewide plan to address homelessness in all Hawaii counties;
(3) Facilitate the acquisition of funding and resources for state and county homeless programs;
(4) Recommend policy, regulatory, and statutory changes, and identify resource strategies for the successful execution of the ten-year plan;
(5) Assemble accurate fiscal and demographic information to support policy development and track outcomes;
(6) Consider collaborative homelessness initiatives of other states that have demonstrated positive measurable outcomes as possible models for state and local programs;
(7) Promote systems integration of social, health, training, and housing services to reduce duplication among homeless assistance programs;
(8) Advise on the development and implementation of a public education program on homelessness in Hawaii and disseminate information including data and best practices; and
(9) Report annually to the governor, the legislature, and the mayor of each county on the progress of its activities, including formulation and progress of the ten-year plan no later than twenty days prior to the convening of each regular session.
(c) The ten-year statewide plan developed by the Hawaii interagency council on homelessness shall:
(1) Assist individuals who are homeless or facing homelessness;
(2) Prioritize the needs of the most vulnerable individuals and families;
(3) Encourage and promote partnerships between public and private entities to identify, renovate, and secure dignified transitional and permanent housing options;
(4) Promote development and utilization of support services, including job training, mental health, and substance abuse treatment, that will enhance the transition out of homelessness;
(5) Increase access to public areas for all members of the community;
(6) Support efforts to obtain accurate statistics on homeless persons; and
(7) Activate, coordinate, and maintain responsive action among the public, business, and faith-based communities to become part of the homelessness solution strategy. [L 2012, c 105, pt of §2]