Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 2 - DETERMINATION OF RESIDENCY › Section 13-230-25 - Particular categories

Current through June, 2024
(a) Adults.
The resident status of every adult shall be established
						by the adult's own acts and intentions and shall not be derived from any other
						person, except as specifically provided otherwise in these
						rules.
(b) Minors.
(1) Unemancipated minor. The residence of an
					 unemancipated minor is the residence of the minor's father, if living, or the
					 residence of the minor's mother, if the father is deceased.
(2) Divorced parents. If the parents of an
					 unemancipated minor are divorced, the minor's residence is that of the person
					 to whom the minor's custody has been awarded by the court. If no award of
					 custody has been made, the minor's residence is that of the father. However, if
					 the minor maintains the minor's primary abode with the parent not having legal
					 custody, residence of the minor is determined by that parent with whom the
					 minor's primary abode is maintained.
(3) Separated parents. If the parents of an
					 unemancipated minor are separated, without a divorce having been granted or
					 custody award having been made, the minor's residence is that of the father if
					 the minor is not living with either parent. If the minor maintains primary
					 abode with a parent, the minor's residence is the residence of that
					 parent.
(4) Death of a parent who
					 had custody. The residence of an unemancipated minor becomes that of the
					 surviving parent upon the death of the parent who had the minor's
					 custody.
(5) Both parents deceased.
					 If both parents are deceased, the residence of the unemancipated minor remains
					 that of the last parent to die until changed by court order. Upon court
					 appointment of a guardian for the minor, the residence of the minor becomes
					 that of the guardian.
(6) A
					 nonresident unemancipated minor attending an institution of higher learning
					 outside of Hawaii or on active duty with the United States Armed Forces, whose
					 parents become residents of Hawaii, and who would reach majority before
					 deriving Hawaiian residence from the minor's parents' new status, may be
					 classified as a resident for fee purposes when the minor's parents have
					 completed twelve consecutive months of residence; provided that such
					 classification will be lost if actions inconsistent with resident status are
					 taken after leaving such institution or discharge from the military (e.g.,
					 failure to promptly make a home in Hawaii).
(7) If an unemancipated minor's parents lose
					 their Hawaii residence, the minor will be classified as a nonresident at the
					 next residence determination date. However, if the parents' change of residence
					 is due to obedience to active-duty military orders, the minor shall continue to
					 pay only resident fees and charges as long as one of the minor's parents remain
					 on active duty and in a Hawaii resident status.
(8) Emancipated minors. An emancipated minor
					 shall be considered an adult for purposes of residence hereunder. The following
					 shall constitute indications of emancipation, no one of which is controlling:
(A) Financially independent or
					 self-supporting.
(B) Subsistence
					 not provided by parent or legal guardian.
(C) Prior military service.
(D) Other primary and secondary indications
					 of residence enumerated under section
					 13-230-24.
(E) Any other conduct inconsistent with
					 parental control and custody.
(9) A person may base the person's residency
					 on that of other than the parent or legal guardian; provided that the
					 relationship between the person and the person or persons other than the parent
					 or legal guardian is a hanai relationship.