Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 656.1 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 1 - GENERAL PROVISIONS › Section 17-656.1-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Adult" means a person age eighteen or over who is not a
					 dependent child, or if under age eighteen is a minor head-of-household living
					 with the TANF child.
"Aid to families with dependent children" or "AFDC" means
					 the financial assistance and non-assistance programs administered by the
					 DHS-BESSD under
					 42
					 U.S.C. §601 -
					 619, and section
					 346-14, Hawaii Revised Statutes prior to 1997.
"Assistance unit" means persons whose needs, income, and
					 assets are considered in determining eligibility for financial assistance and
					 the amount of assistance.
"Benefit, Employment and Support Services Division" or
					 "BESSD" means the benefit, employment and support services division of the
					 department.
"Caretaker relative" means the designated relative who
					 provides care and supervision to dependent children.
"Current medical report" means the department's medical
					 form completed by a licensed physician or a licensed psychologist not more than
					 three months prior to the department's request.
"Department" or "DHS" means the department of human
					 services, State of Hawaii.
"Domestic violence advocate" means an individual,
					 organization, or agency who is currently working with individuals, or has
					 worked with individuals in the past, regarding an individual's domestic
					 violence situation.
"Domestic violence agency" means an agency, organization,
					 or individual who routinely assists victims of domestic violence.
"Domestic violence victim" means an individual who has
					 been battered or otherwise subjected to extreme cruelty. Acts which constitute
					 domestic violence include but are not limited to the following:
(1) Physical acts that resulted in, or threatened to result
					 in, physical injury;
(2) Sexual abuse;
(3) Sexual activity involving a dependent child;
(4) Nonconsensual sexual acts;
(5) Threats of, attempts at, physical or sexual
					 abuse;
(6) Mental or emotional abuse;
(7) Medical care deprivation or neglect; or
(8) Stalking.
"Equivalent level of vocational or technical training"
					 means enrollment in a vocational or technical training program which is
					 equivalent to the level of secondary school and is approved by the state
					 department of education.
"Family member" means a member of the assistance unit, to
					 include members who have been excluded due to receipt of Supplemental Security
					 Income, and any person residing in the home for whom the parent caretaker would
					 meet the definition of specified relative regardless of the age of the person
					 receiving care.
"First-to-Work" or "FTW" means the education, training,
					 employment, and support services programs administered by the
					 department.
"Full-time employment" means gainful employment of thirty
					 hours or more per week.
"Full-time student" means an individual enrolled in a
					 public or private elementary or secondary school or in a program of an
					 equivalent level of vocational or technical training.
"Gainful employment" means employment available at the
					 time an individual wants to become employed and pays at least minimum
					 wage.
"Hanai" means a child who is taken permanently to be
					 reared, educated, and loved by someone other than the child's natural parents
					 at the time of the child's birth or in early childhood. The child is given
					 outright, and the natural parents renounce all claims to the child.
"Household" means all members of the assistance unit and
					 excluded standard filing unit members as defined in sections
					 17-647-12,
					 17-656.1-15,
					 17-656.1-16, and
					 17-656.1-17.
"Independent minor parent" means the specified relative of
					 a child, who is under eighteen years of age and who has applied or is receiving
					 assistance as a head of household or as a spouse or common-law spouse of the
					 head of household.
"Individual" means applicant for or recipient of
					 assistance.
"Legal parent" means a person who can establish a parent
					 and child relationship by providing proof of:
(1) Having given birth to a child;
(2) Marriage to the natural mother when the child was born
					 or within three hundred days after the marriage was terminated;
(3) Adoption;
(4) Adjudication; or
(5) Self-declaration as specified in section
					 17-656.1-8.
"Licensed physician" means a doctor of medicine authorized
					 to practice medicine and surgery under chapter
					 453, Hawaii Revised Statutes.
"Licensed psychologist" means a person who engages in the
					 practice of psychology and is licensed under chapter
					 465, Hawaii Revised Statutes.
"Medical board" means a panel of licensed physicians or
					 licensed psychologists who are appointed by the director and paid by the
					 department to make determinations, certify physical or mental impairments, and
					 specify treatment plans.
"Medical professional" means an individual, such as a
					 physician, nurse midwife, pediatric nurse practitioner, or a family nurse
					 practitioner, who is authorized by state law to make pregnancy determinations
					 with an estimated date of delivery.
"Non-needy" means a person who receives assistance as a
					 caretaker relative for a dependent child, but that person does not request to
					 be included in the assistance unit, nor is that person required to be included
					 in the assistance unit as specified in section
					 17-647-12.
"Non-recipient parent" means a standard filing unit adult
					 as defined in section
					 17-647-12, who is excluded under
					 section 17-656.1-17.
"Non-work eligible household" means a household in which
					 all the adult members are non-work eligible individuals.
"Non-work eligible individual" or "NWEI" means an adult
					 receiving assistance under TANF, or a non-recipient parent, who is:
(1) A parent of a household member who also provides care
					 for a disabled family member living in the home, provided that the need for
					 such care is supported by medical documentation. Only one parent in a household
					 may claim this status;
(2) A single custodial parent personally providing care for
					 the parent's child under six months of age for a lifetime limit of twelve
					 months, if the parent caring for the child wishes to claim NWEI status;
(3) A non-needy caretaker; or
(4) A recipient of Supplemental Security Income or Social
					 Security Disability Insurance as defined in
					 42 U.S.C.
					 §§1381 -
					 1383.
"Other work eligible household" means a household in which
					 there is no work eligible individual and at least one adult member is an other
					 work eligible individual.
"Other work eligible individual" or "OWEI" means an adult
					 receiving assistance under TANF, or a non-recipient parent, who is:
(1) Unable to engage in full-time employment as defined by
					 the work participation requirements of the Social Security Act,
					 42 U.S.C.
					 §607, at a job for which he or she is
					 equipped by education, training, or experience, for a period of more than
					 thirty days from the onset of an illness, incapacity, or disability due to a
					 physical or mental impairment or substance abuse, as determined by a licensed
					 physician or psychologist;
(2) A domestic violence victim who meets the criteria
					 established in subsection
					 17-656.1-20(a) and
					 (b);
(3) Any other adult in an assistance unit that contains a
					 domestic violence victim who meets the criteria established in section
					 17-656.1-20(a) and
					 (b); or
(4) An adult sixty-five years of age or older. "Primary
					 adult" means the adult with the greatest number of time eligible months.
"Primary residence" means the single residence designated
					 as the child's home.
"Temporarily absent" means the child or caretaker relative
					 is not present in the home for a period not to exceed sixty days, or for a
					 household receiving supportive services through a plan approved by the
					 department, not to exceed one hundred and eighty days, provided that from the
					 date of departure there was a planned date of return.
"Temporary Assistance for Needy Families" or "TANF" means
					 the financial assistance and non-assistance programs administered by the
					 DHS-BESSD under
					 42
					 U.S.C. §601 -
					 619 and section
					 346-14, Hawaii Revised Statutes.
"Time eligible month" means a month a work eligible
					 household received TANF benefits.
"Up-front universal engagement" or "UFUE" means compliance
					 with participation requirements as specified in chapter 17-794.1 as a condition
					 of eligibility for TANF.
"Work eligible household" means a household in which at
					 least one member is a work eligible individual.
"Work eligible individual" or "WEI" means an adult
					 receiving assistance under TANF, or a non-recipient parent, who is not an NWEI
					 or an OWEI.