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2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-15 Coordination and development of caregiver support services.

Note
Part heading added by L 2007, c 93, §8.
Part heading amended by L 2017, c 102, §3.
Revision Note
Enacted as Part III, this Part was renumbered as Part II pursuant to §23G-15.
§349-15 Coordination and development of caregiver support services.
The executive office on aging shall coordinate a statewide system of caregiver support services by, among other things:
(1) Integrating family caregiver support with the aging and disability resource center demonstration project;
(2) Analyzing the long-term care needs of older adults and the capacity of family and informal caregivers to help them remain safely at home;
(3) Advocating, mobilizing, and coordinating employer and community resources to enable and augment family caregiver support;
(4) Establishing and maintaining protocols and standards for federal and state caregiver services administered by state, county, or other local agencies on aging;
(5) Establishing and supervising the alignment of long-term care advocacy assistance staff caregiver support objectives with the planning, resource development, grants management, data management, and evaluation functions of the executive office on aging; and
(6) Coordinating statewide support for grandparents and other aging relative caregivers of children eighteen and under. [L 2006, c 262, §5]
Revision Note
Section codified pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-22 Access to long-term care facilities.

§349-22 Access to long-term care facilities.
(a) A long-term care facility shall permit immediate access to the long-term facility and to the residents of the long-term care facility to the long-term care ombudsman or designee at any time deemed necessary and reasonable by the long-term care ombudsman for the performance of the duties and functions under this part.
(b) Access to the residents of the long-term care facility shall include the provision of privacy.
(c) A long-term care facility shall permit access by the long-term care ombudsman or designee to all resident records or portions thereof necessary for the long-term care ombudsman to evaluate the merits of any complaint; provided that resident records shall be divulged only with the written consent of the resident or the resident's legal representative.
(d) The long-term care ombudsman shall report violations of this section to the department of health.
(e) The department of health shall adopt rules, including the establishment of administrative fines or other penalties, pursuant to chapter 91 for the violation of this section. [L 1979, c 206, §2(2); am L 2007, c 93, §6]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-23 Retaliatory acts by facilities or facility employees prohibited.

§349-23 Retaliatory acts by facilities or facility employees prohibited.
(a) No resident of a long-term care facility seeking advocacy assistance as provided for in section [349-21] or making a complaint concerning a long-term care facility or any of its employees shall be subject to any retaliatory act by the long-term care facility or any of its employees for seeking advocacy assistance or making a complaint.
(b) No person seeking advocacy assistance as provided for in section [349-21] or making a complaint concerning a long-term care facility or any of its employees on behalf of a resident of a long-term care facility shall be subject to any retaliatory act by the long-term care facility or any of its employees for seeking advocacy assistance or making a complaint.
(c) For the purposes of this section, the term "retaliatory act" includes actual or threatened physical injury, psychological abuse or neglect, sexual abuse, negligent treatment, maltreatment, or any form of discrimination as reprisal for seeking advocacy assistance or making a complaint.
(d) A violation of this section shall be reported by the long-term care ombudsman to the appropriate police department or prosecuting attorney.
(e) Any long-term care facility or long-term care facility employee who violates this section shall be guilty of a misdemeanor. Each separate retaliatory act and each day during which any retaliatory act continues shall constitute a separate offense. [L 1979, c 206, §2(3); am L 1982, c 104, §1; am L 2007, c 93, §7]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-24 Wilful interference; prohibited.

§349-24 Wilful interference; prohibited.
Any individual, including any long-term care facility or long-term care facility employee, who wilfully interferes with or impedes the long-term care ombudsman or designee in the performance of the long-term care ombudsman's or designee's duties pursuant to this part shall be guilty of a misdemeanor. Each separate act of wilful interference and each day during which any wilful interference continues shall constitute a separate offense. [L 2007, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-25 Posting and distribution of information.

§349-25 Posting and distribution of information.
(a) The long-term care ombudsman shall provide each long-term care facility with brochures and a poster with information regarding the office of the long-term care ombudsman, including the name, address, and telephone number of the office of the long-term care ombudsman, and a brief description of the services provided by the office of the long-term care ombudsman.
(b) A long-term care facility shall provide each resident of the long-term [care] facility with a copy of the brochure and shall post the poster in a conspicuous location that is accessible to all residents of the long-term care facility. [L 2007, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 349. Executive Office on Aging › 349-32 Aging and disability resource centers; established.

§349-32
Aging and disability resource centers; established.
(a) A statewide aging and disability resource center may be established with sites in each county to streamline access to long-term supports and services by integrating the full range of long-term supports and services into a single, coordinated system.
(b) The aging and disability resource center may be the single point of entry in every county where persons of all ages, incomes, and disabilities may access information in a person-centered manner on the full range of long-term supports and services options, including but not limited to:
(1) Federal, state, and county revenue-funded programs and services including those funded by medicaid, medicare, the Older Americans Act, the Department of Veterans Affairs, and kupuna care;
(2) A centralized application process for publicly funded long-term services and supports;
(3) Privately administered programs and services;
(4) Supports and services for persons with Alzheimer's disease and other related dementia;
(5) Transportation services;
(6) Housing options;
(7) Elder rights protection;
(8) Hospital and nursing home discharge planning and care transition;
(9) Health, prevention, and wellness programs;
(10) Support for grandparents raising grandchildren and other relatives age fifty-five years or older caring for children;
(11) Informal and family caregiver support services; and
(12) Community resources and services for individuals with disabilities.
(c) The aging and disability resource centers shall target delivery of services to:
(1) Persons sixty years of age and older;
(2) Persons of any age with physical disabilities, severe mental illness, dementia, and developmental or intellectual disabilities;
(3) Informal and family caregivers providing assistance to persons needing long-term supports and services;
(4) Professionals seeking long-term supports and services on behalf of their clients; and
(5) Persons planning for their future long-term supports and services needs.
(d) The executive office on aging shall coordinate the implementation of the statewide aging and disability resource center.
(e) The aging and disability resource center may be a function of each area agency on aging within the respective geographic service area. [L 2012, c 237, pt of §2]
Cross References
Executive office on aging administrative claiming special fund, see §349-5.5.
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-1.15 Orientation and training.

§350-1.15 Orientation and training.
To improve the identification of child abuse and neglect, the department shall offer periodic orientation and training to those responsible for making child abuse and neglect reports pursuant to section 350-1.1. [L 1988, c 323, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-1.2 Nonreporting; penalty.

§350-1.2 Nonreporting; penalty.
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. [L 1985, c 17, §3; am L 1987, c 204, §5 and c 339, §4]
Case Notes
Cited: 711 F. Supp. 2d 1195 (2010).
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-1.3 Any person may report.

§350-1.3 Any person may report.
Any person, not otherwise required to report pursuant to section 350-1.1, who becomes aware of facts or circumstances which cause that person to have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, may immediately report the matter orally to the department or to the police department. [L 1987, c 204, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-1.4 Confidentiality.

§350-1.4 Confidentiality.
(a) All reports to the department concerning child abuse or neglect made pursuant to this chapter, as well as all records of such reports, are confidential. The director may adopt rules, pursuant to chapter 91, to provide for the confidentiality of reports and records and for the authorized disclosure of reports and records. Any person who intentionally makes an unauthorized disclosure of a report or record of a report made to the department shall be guilty of a misdemeanor.
(b) Every reasonable good faith effort shall be made by the department to maintain the confidentiality of the name of a reporter who requests that the reporter's name be confidential.
(c) Notwithstanding subsection (a) and section 346-10, the director may adopt rules pursuant to chapter 91 to provide for the release of information required by federal statute or regulation. [L 1987, c 204, §2; am L 1999, c 34, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-1.5 Authorization for color photographs, x-rays, and radiological or other diagnostic examination.

§350-1.5 Authorization for color photographs, x-rays, and radiological or other diagnostic examination.
(a) Any health professional or paraprofessional, physician licensed or authorized to practice medicine in this State, registered nurse or licensed practical nurse, hospital or similar institution's personnel engaged in the admission, examination, care, or treatment of patients, and any medical examiner, coroner, social worker, or police officer, who has before the person a child the person reasonably believes has been harmed, shall make every good faith effort to take or cause to be taken color photographs of the areas of trauma visible on the child. If medically indicated, such person may take or cause to be taken x-rays of the child or cause a radiological or other diagnostic examination to be performed on the child.
(b) Color photographs, x-rays, radiological, or other diagnostic examination reports that show evidence of imminent harm, harm, or threatened harm to a child shall immediately be forwarded to the department. [L 2010, c 135, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-1.6 Disclosure of records.

§350-1.6 Disclosure of records.
(a) The department shall disclose to resource parents and the foster child's principal treating physician copies of the foster child's complete medical records in the department's physical custody and relevant social history within thirty days of foster placement.
(b) If a child is active in the child protective services system, physicians may share with other physicians, orally or in writing, or both, medical information without parental consent.
(c) Any records or information released to a foster child's resource parents, or the foster child's principal treating physician pursuant to subsection (a), or any information shared by one physician with another physician pursuant to subsection (b), shall remain confidential in accordance with section 350-1.4. [L 2010, c 135, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-3 Immunity from liability.

§350-3 Immunity from liability.
(a) Anyone participating in good faith in the making of a report pursuant to this chapter 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 report, including persons who otherwise provide information or assistance, including medical evaluations or consultation, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
(b) Any individual who assumes a duty or responsibility pursuant to section 350-2 or chapter 587A shall have immunity from civil liability for acts or omissions performed within the scope of the individual's duty or responsibility. Nothing in this section shall limit the liability of the department, any other state agency, or any private organization for the conduct of individuals provided immunity herein. [L 1967, c 261, §4; HRS §350-3; am L 1986, c 229, §1; am L 1987, c 204, §7 and c 339, §4; am L 2010, c 135, §7; am L 2021, c 26, §2]
Case Notes
Cited: 711 F. Supp. 2d 1195 (2010).
2023 Hawaii Revised Statutes › Title 20. Social Services › 350. Child Abuse › 350-5 Admissibility of evidence.

§350-5 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 of child abuse or neglect pursuant to this chapter. [L 1967, c 261, §6; HRS §350-5; am L 1987, c 204, §8; am L 1992, c 217, §3]
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 › 350B. Hawaii Children's Trust Fund › 350B-1 Definitions.

§350B-1 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
"Advisory committee" means the component of the Hawaii children's trust fund coalition that serves in an advisory capacity to the trust fund and the department of health.
"Board" means the Hawaii children's trust fund advisory board.
"Child abuse and neglect" has the same meaning as "child abuse or neglect" as defined in section 350-1.
"Coalition" means the Hawaii children's trust fund coalition.
"Primary prevention" means efforts targeting the general population designed to promote the general welfare of children and families prior to any occurrence of abuse or neglect.
"Secondary prevention" means efforts targeting children and families that are considered, because of their life situations, to be at risk of abuse or neglect.
"Trust fund" or "fund" means the Hawaii children's trust fund.
[L 1993, c 336, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350B. Hawaii Children's Trust Fund › 350B-2 Creation of the Hawaii children's trust fund.

§350B-2 Creation of the Hawaii children's trust fund.
(a) There is established the Hawaii children's trust fund as a separate fund of the Hawaii Community Foundation, a Hawaii nonprofit corporation. Moneys received from the state, county, or federal government, income tax remittances allocated under section 235-102.5, and private contributions of cash and other property, and the income and capital gains earned by the fund shall constitute the trust fund assets.
(b) The Hawaii Community Foundation shall have the responsibility for the expenditure of moneys from the trust fund for the purposes of this chapter.
(c) The purpose of the trust fund is to strengthen families primarily by the award of grants for primary and secondary prevention activities to prevent child abuse and neglect.
(d) The fund may receive contributions, grants, or gifts in cash or otherwise from all sources. The legislature intends that the public and private sectors work together as partners in securing contributions for the fund. The State may donate moneys to the trust fund by legislative appropriation; provided that any appropriations made by the State are not intended to supplant the funding of existing prevention programs.
(e) There shall be an endowment component of the Hawaii children's trust fund.
(f) The aggregate principal sum deposited in the Hawaii children's trust fund, and any income and capital gains earned by the trust fund but not expended for grantmaking or administration, shall be invested in accordance with the provisions of the Hawaii Community Foundation in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.
(g) The department of health shall serve as the lead agency for the public sector and, in conjunction with the Hawaii Community Foundation, may provide staffing for the board, the coalition, and advisory committee.
(h) Results of the annual audit of the Hawaii Community Foundation shall be submitted to the department of health not later than thirty days from the date the Hawaii Community Foundation receives the audit results. The Hawaii Community Foundation shall retain for three years all documents, papers, books, records, and other material pertinent to the fund and audit. The Hawaii Community Foundation shall permit the department of health, the department of accounting and general services, the legislature, and the auditor, or their authorized representatives, to inspect and have access to any of these materials.
(i) In the event of the termination of the trust fund or the dissolution of the Hawaii Community Foundation, the unspent appropriations made by the State, if any, shall revert back to the State. Any other amounts remaining in the Hawaii children's trust fund shall be distributed at the recommendation of the board.
[L 1993, c 336, pt of §2; am L 2004, c 228, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350B. Hawaii Children's Trust Fund › 350B-4 Hawaii children's trust fund advisory board.

§350B-4 Hawaii children's trust fund advisory board.
(a) There shall be a Hawaii children's trust fund advisory board,
which shall make the final recommendations to the Hawaii Community Foundation for the expenditure of funds for the following activities:
(1) Grantmaking with private nonprofit organizations, public agencies, or qualified individuals to provide community-based services and education designed to strengthen families to prevent child abuse and neglect;
(2) Grantmaking to raise community awareness of the trust fund; and
(3) Administration of the trust fund.
(b) The board shall consist of seven members to be appointed as follows:
(1) One member shall be selected by the Hawaii Community Foundation to serve for a term of three years. This member may not serve more than two consecutive terms.
(2) Three members shall be appointed by the governor from a list of names of seven persons submitted by the Hawaii Community Foundation. Each of these three members shall serve for a term of three years, except that the terms of the initial board members shall be staggered as follows: one member shall be appointed to a one-year term, one member shall be appointed to a two-year term, and one member shall be appointed to a three-year term. None of these three members shall serve for more than two consecutive terms.
(3) One member shall be appointed from among the members of the senate by the president of the senate, to serve until the expiration of the member's term in the senate during which the member is appointed.
(4) One member shall be appointed from among the members of the house of representatives by the speaker of the house to serve until the expiration of the member's term in the house of representatives during which the member is appointed.
(5) One member shall be the director of health or the director's designee.
[L 1993, c 336, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350B. Hawaii Children's Trust Fund › 350B-5 Hawaii children's trust fund coalition.

§350B-5 Hawaii children's trust fund coalition.
There shall be a Hawaii children's trust fund coalition which, through its advisory committee, shall develop policy, planning, strategy, and publicize the fund, as well as solicit public and private moneys for the fund. The coalition shall serve as a forum for addressing the issue of family strengthening, and for promoting strategies and statewide planning for the prevention of child abuse and neglect. Membership in the coalition shall be open to any representative of any agency and any individual committed to strengthening families to prevent child abuse and neglect.
[L 1993, c 336, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350B. Hawaii Children's Trust Fund › 350B-6 Hawaii children's trust fund advisory committee.

§350B-6 Hawaii children's trust fund advisory committee.
(a) There shall be an advisory committee of the Hawaii children's trust fund coalition. The advisory committee shall provide leadership for the coalition. Members of the advisory committee shall be initially selected prior to December 1, 1993.
(b) The advisory committee shall perform the following functions:
(1) Promote statewide planning and strategies for strengthening families with the intent of preventing child abuse and neglect;
(2) Establish criteria and guidelines for grantmaking for the board;
(3) Publicize the fund and solicit moneys from public and private sources, in collaboration with the board;
(4) Advise the department of health on matters involving the prevention of child abuse and neglect; and
(5) Facilitate the exchange of information between groups concerned with families and children.
(c) The advisory committee shall include private and public members. Public sector representation shall include the department of health, department of human services, department of education, office of youth services, and the judiciary. The coalition shall elect the private sector representatives, whose membership shall equal one more than the number of public sector representatives.
(d) Each member of the advisory committee shall have one vote, except that the representative of the department of health shall not vote on matters relating to advising the department of health. The advisory committee shall elect its officers.
[L 1993, c 336, pt of §2; am L 1996, c 298, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350B. Hawaii Children's Trust Fund › 350B-7 Grants.

§350B-7 Grants.
Grants provided for the strengthening of families, with the intent of preventing child abuse and neglect, may include, but are not limited to, the following:
(1) Programs for families to increase the family unit's capability to create a healthy environment in which each member may develop to the member's fullest potential;
(2) Programs for parents to increase their ability to provide a safe and nurturing environment for their children;
(3) Programs for children to increase their ability to form healthy relationships, and to avoid and cope with dangerous situations;
(4) Training and education for professionals, including making information about the problems of child abuse and neglect available to agencies dealing with these problems;
(5) General community education to increase the community's awareness of the needs of families and children, and of the issues of child abuse and neglect and its prevention; and
(6) Research, evaluation, and advocacy activities related to the prevention of child abuse and neglect.
[L 1993, c 336, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-1 Findings and purposes.

§350C-1 Findings and purposes.
The legislature finds that to obtain adoptive families for children with special needs, states must assure prospective adoptive parents of substantial assistance in meeting the high costs of supporting and providing for the child's special needs. The purpose of this chapter is to authorize the department of human services to enter into interstate agreements for the protection of children who receive adoption assistance from the State. [L 1986, c 110, pt of §1; am L 1987, c 339, §4]
Cross References
Adoption assistance program, see § §346-301 to 346-305.
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-2 Definitions.

§350C-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Adoption assistance" means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to this chapter.
"Adoption assistance state" means the state that is a signatory to an adoption assistance agreement in a particular case.
"Child" means a person less than eighteen years of age, or a person less than twenty-one years of age who has mental or physical handicaps that warrant the continuation of assistance beyond the age of eighteen.
"Child with special needs" means a child for whom the department has determined that:
(1) The child cannot or should not be returned to the parent's home;
(2) There exists a specific factor or condition, including but not limited to, ethnic background, age, membership in a minority or sibling group, or physical, emotional or mental handicaps, which make it likely that the child could not be placed with adoptive parents without providing adoption assistance; and
(3) A reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance, provided that no attempt need be made when it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child.
"Department" means the department of human services and its authorized representatives.
"Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States. [L 1986, c 110, pt of §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-3 Compacts authorized.

§350C-3 Compacts authorized.
The department is authorized to develop and participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of the State. A compact entered into pursuant to this chapter shall have the force and effect of law. [L 1986, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-4 Contents of compacts.

§350C-4 Contents of compacts.
A compact entered into pursuant to the authority conferred by this chapter shall:
(1) Provide all states the option of joining;
(2) Permit the withdrawal from the compact upon one year written notice to all signatories;
(3) Provide that a state's withdrawal from the compact does not affect its responsibility to continue to provide assistance to those recipients who were receiving assistance pursuant to the compact prior to the effective date of the withdrawal; and
(4) Require that each case of adoption assistance under the compact be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance. [L 1986, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-5 Optional contents of compacts.

§350C-5 Optional contents of compacts.
A compact entered into pursuant to this chapter may:
(1) Establish procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws;
(2) Contain other provisions as may be appropriate or incidental to the proper administration of the compact. [L 1986, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-6 Medical assistance.

§350C-6 Medical assistance.
(a) For the purposes of this chapter, a child with special needs shall be eligible for a medical assistance identification document if:
(1) An adoption assistance agreement was entered into on the child's behalf;
(2) A certified copy of the adoption assistance agreement is filed with the department; and
(3) The state that entered into the adoption assistance agreement is a signatory to the compact.
At least once a year, the adoptive parents shall be required to show that the adoption assistance agreement is in force.
(b) A holder of medical assistance identification documents pursuant to this chapter shall be treated the same as any other holder of medical assistance identification documents under the laws of this State.
(c) The department shall reimburse the cost of services for a child who is in another state if:
(1) The child is covered by an adoption assistance agreement made by the department;
(2) The service is not covered by the resident state;
(3) The service would have been covered by the State if the child had remained a resident of the State;
(4) The service is not covered by any insurance or other third party medical contract or arrangement; and
(5) Evidence of payment for the services sought to be reimbursed is submitted to the department.
(d) This section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. [L 1986, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350C. Adoption Assistance Compact and Procedures for Interstate Services Payments › 350C-7 Federal participation.

§350C-7 Federal participation.
The department shall include a provision for adoption assistance and medical assistance for which the federal government pays for some or all of the costs in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96
-
272 or Social Security Act, titles IV(e) or XIX. [L 1986, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-2 Financial responsibility for child placed under compact.

§350E-2 Financial responsibility for child placed under compact.
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V of the compact in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions under any other chapter also may be invoked. [L 1985, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-3 Appropriate public authorities.

§350E-3 Appropriate public authorities.
The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this State, means the department of human services and the department shall receive and act with reference to notices required by Article III. [L 1985, c 132, pt of §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-4 Appropriate authority in Hawaii.

§350E-4 Appropriate authority in Hawaii.
As used in paragraph (a) of Article V the phrase "appropriate authority in the receiving state" with reference to this State means the department of human services. [L 1985, c 132, pt of §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-5 Entering agreements with other states.

§350E-5 Entering agreements with other states.
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. [L 1985, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-6 Requirements for visitation, inspection, supervision.

§350E-6 Requirements for visitation, inspection, supervision.
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. [L 1985, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-8 Court jurisdiction.

§350E-8 Court jurisdiction.
Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof. [L 1985, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 350E. Interstate Compact on Placement of Children › 350E-9 Executive head.

§350E-9 Executive head.
As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor may appoint a compact administrator in accordance with the terms of Article VII. [L 1985, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-1 Purpose.

§351-1 Purpose.
The purpose of this chapter is to aid victims of criminal acts, by providing compensation for victims of certain crimes or dependents of deceased victims, and for indemnification of private citizens for personal injury or property damage suffered in prevention of crime or apprehension of a criminal. [L 1967, c 226, pt of §1; HRS §351-1]
Attorney General Opinions
No award to someone who suffers psychological or physical trauma in reaction to the death of a crime victim. Att. Gen. Op. 88-2.
Case Notes
In light of its purpose, chapter should be construed liberally in determining eligibility of applicants. 55 H. 514, 523 P.2d 311 (1974); 63 H. 254, 625 P.2d 372 (1981).
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-2 Definitions.

§351-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Child" means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child.
"Commission" means the crime victim compensation commission established by this chapter.
"Crime" means those under section 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 United States Code section 2331, against a resident of this State.
"Dependents" mean such relatives of a deceased victim who were wholly or partially dependent upon the victim's income at the time of the victim's death or would have been so dependent but for the incapacity due to the injury from which the death resulted and includes the child of the victim born after the victim's death.
"Designated person" means a person who made payments for funeral, burial, and medical expenses on behalf of a victim.
"Injury" means actual bodily harm and, in respect of a victim, includes pregnancy and mental or nervous shock; and "injured" has a corresponding meaning.
"Mass casualty incident" means an incident with multiple victims killed during a continuous course of criminal conduct.
"Private citizen" means any natural person other than a police officer who is actively engaged in the performance of the police officer's official duties.
"Relative" means a victim's spouse or reciprocal beneficiary, parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half brother, half sister, stepbrother, stepsister, spouse's or reciprocal beneficiary's parents, niece, nephew, or person residing in the same dwelling unit as the victim.
"Resident" means every individual who:
(1) Intends to permanently reside in this State;
(2) Has a permanent abode in this State;
(3) Is a student at any institution of learning and claimed as a dependent of a Hawaii resident;
(4) Files a Hawaii income tax return; or
(5) Is registered to vote in this State.
"Victim" means:
(1) A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;
(2) Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in section 351-32; or
(3) A person who is a resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in title 18 United States Code section 2331. [L 1967, c 226, pt of §1; HRS §351-2; am L 1972, c 2, §13 and c 61, §1a; am L 1977, c 191, §2; am L 1983, c 124, §15; gen ch 1985; am L 1989, c 177, § §1 to 3; am L 1995, c 182, §1; am L 1997, c 383, §49; am L 1998, c 239, §1 and c 240, §3; am L 2000, c 57, § §2, 3]
Revision Note
Punctuation changed pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-11 Crime victim compensation commission.

§351-11 Crime victim compensation commission.
There shall be a crime victim compensation commission composed of three members appointed and removable in the manner prescribed by section 26-34. No officer or employee of the State or any county shall be eligible for appointment to the commission. The commission is placed within the department of corrections and rehabilitation for administrative purposes. [L 1967, c 226, pt of §1; HRS §351-11; am L 1970, c 105, §5; am L 1987, c 338, §10; am L 1989, c 177, §4 and c 211, §8; am L 1992, c 260, §1; am L 1998, c 240, §4; am L 2022, c 278, §29]
Case Notes
Action against commission for damages. 59 H. 404, 581 P.2d 766 (1978).
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-12 Tenure and compensation of members.

§351-12 Tenure and compensation of members.
(a) The term of office of each member of the commission shall be four years or until the member's successor is appointed, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of the term. Each member shall be eligible for reappointment, subject to section 26
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34. A vacancy in the commission shall not affect its powers. If any member is unable to act because of absence, illness, or other sufficient cause, the governor may make a temporary appointment, and the appointee shall have all the powers accorded the regular member for the period of the temporary appointment.
(b) Each member shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. Members shall be paid necessary traveling and subsistence expenses incurred in the discharge of their duties. [L 1967, c 226, pt of §1; HRS §351
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12; gen ch 1985; am L 1989, c 177, §5; am L 1990, c 136, §2; am L 1992, c 260, §2]
Attorney General Opinions
Cited, as a constitutional board and commission statute where members may serve as holdovers until their successors are "appointed", without any reference to the successors being fully "qualified"; an "appointment" properly occurs under the interim appointments provision of article V, §6 of the state constitution. Att. Gen. Op. 16-3.
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-13 Powers and procedures of commission.

§351-13 Powers and procedures of commission.
(a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. The commission may hold hearings, sit and act at times and places, and take testimony as it may deem advisable. Any two members shall constitute a quorum, but the concurring vote of the two members shall be necessary to take any action. Any member may administer oaths or affirmations to witnesses appearing before the commission. The commission shall have the same powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as a circuit court. Subpoenas shall be issued under the signature of the chairperson or by majority vote of the commission members. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the commission, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the circuit courts and shall be payable from funds appropriated for expenses of administration. The orders shall be signed by the chairperson or, in the absence of the chairperson, by the other two members.
(b) Notwithstanding any other provision, the commission may delegate to the administrator the authority to sign any order.
(c) The commission shall assign cases to the administrator for determination of eligibility and any order of compensation.
(d) If the applicant is dissatisfied with the determination by the administrator, the applicant may appeal to the commission for a hearing; provided that to be considered, the written appeal shall be received by the commission within sixty days of the mailing of a certified copy of the decision and order, and the commission shall review the case as if it was not heard before and as if no decision had been previously rendered. In such an event, the commission's decision shall be final. [L 1967, c 226, pt of §1; HRS §351-13; am L 1975, c 138, §1; am L 1989, c 177, §6; am L 1992, c 260, §3; am L 1993, c 219, §1; am L 1995, c 182, §2; am L 1996, c 235, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-14 Hearings and evidence.

§351-14 Hearings and evidence.
For those applications that will be heard by the commission, the applicant and the commission's legal adviser shall be entitled to appear and be heard. Any other person may appear and be heard who satisfies the commission that the person has a substantial interest in the proceedings. In any case in which the person entitled to make an application is a child, the application may be made on the child's behalf by any person acting as the child's parent or guardian. In any case in which the person entitled to make an application is mentally defective, the application may be made on the person's behalf by the person's guardian or any other individual authorized to administer the person's estate.
Where, under this chapter, any person is entitled to appear and be heard by the commission, that person may appear in person or be represented by the person's attorney. All hearings shall be open to the public, unless in a particular case, the commission determines that the hearing, or a portion thereof, should be held in private, because the offender has not been convicted or in the interest of the victim of an alleged sexual offense.
Every person appearing under this section shall have the right to produce evidence and to cross
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examine witnesses. The commission may receive in evidence any statement, document, information, or matter that, in the opinion of the commission, may contribute to its functions under this chapter, whether or not the statement, document, information, or matter would be admissible in a court of law.
If any person has been convicted of any offense with respect to an act or omission on which a claim under this chapter is based, proof of that conviction, unless an appeal against the conviction or a petition for a rehearing in respect of the charge is pending or a new trial or rehearing has been ordered, shall be taken as conclusive evidence that the offense has been committed. [L 1967, c 226, pt of §1; HRS §351
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14; gen ch 1985; am L 1993, c 219, §2]
Case Notes
Applicability of the administrative procedure act. 54 H. 294, 506 P.2d 444 (1973).
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-15 Medical examination.

§351-15 Medical examination.
The commission may appoint an impartial licensed physician or licensed psychologist to examine any person making application under this chapter, and the fees for the examination shall be paid from funds appropriated for expenses of administration. [L 1967, c 226, pt of §1; HRS §351
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15; am L 1988, c 305, §1; am L 1998, c 240, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 351. Crime Victim Compensation › 351-16 Attorneys' fees.

§351-16 Attorneys' fees.
The commission, as part of any order entered under this chapter, may determine and allow reasonable attorneys' fees, which if the award of compensation is more than $1,000 shall not exceed $150, to be paid out of but not in addition to the award, to the attorneys representing the applicant; provided that the amount of the attorneys' fees shall not, in any event, exceed the award of compensation remaining after deducting that portion thereof for expenses actually incurred by the claimant.
Any attorney who charges, demands, receives, or collects for services rendered in connection with any proceedings under this chapter any amount in excess of that allowed under this section, if any compensation is paid, shall be fined not more than $2,000. [L 1967, c 226, pt of §1; HRS §351
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16; am L 1996, c 235, §2; am L 1998, c 240, §5]