reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 1 - GENERAL PROVISIONS › Section 17-659-2 - Definitions

Current through June, 2024
As used in this chapter:
"Assistance unit" means persons whose needs, income, and
					 assets are considered in determining eligibility for financial assistance and
					 the amount of financial assistance.
"Current medical report" means the department's medical
					 form completed by the department's designated licensed physician, licensed
					 psychologist, or licensed physician whose specialty is in psychiatry that is
					 not more than three months before the date of the department's request.
"Dependent adult" means the legally married spouse of an
					 individual eligible for the general assistance program who does not qualify for
					 financial assistance in his or her own right.
"Disabled" means an individual is unable to engage in any
					 substantial gainful employment of at least thirty hours per week, for a period
					 of more than sixty days from the onset of the disability, because of a physical
					 impairment, mental impairment, or a combination of a physical or mental
					 impairment.
"Full-time employment" means employment of a minimum of
					 one hundred thirty hours a month or the employer considers the individual a
					 full-time employee, or if self-employed, the individual earns an amount equal
					 to one-hundred thirty hours at the state minimum wage after business expenses
					 have been subtracted from gross income.
"Grandfathered person" means a person who is approved for
					 continuation of GA effective May 24, 1978 as the person would otherwise be
					 excluded from receiving assistance under section
					 346-71,
					 Hawaii Revised Statutes.
"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.
"Misconduct" means a breach of duty owed by the applicant
					 or recipient to the employer under a contract of employment. The contract need
					 not be in writing. The act of misconduct shall have been a willful disregard of
					 the employer's interest, which shall be injurious or tend to be injurious to
					 the employer's interest.
"Temporary labor force (TLF) program" means the department
					 of human services, benefit employment and support services division's program
					 established to provide public service employment on public work projects to
					 persons receiving financial assistance under the general assistance
					 program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 1 - GENERAL PROVISIONS › Section 17-659-3 - Eligibility conditions

Current through June, 2024
(a) Applicants and
				  recipients of the general assistance program must be categorically ineligible
				  for AFDC. For purposes of this chapter, an applicant or recipient who has
				  exhausted the sixty month time limit specified in § 17-656.1-3 but meets
				  all other requirements of the AFDC program is not considered categorically
				  ineligible for AFDC.
(b) An
				  individual who is unable to engage in any substantially gainful activity
				  because of a medically determinable physical impairment, mental impairment, or
				  a combination of a physical and a mental impairment which may be expected to
				  result in death or which has lasted or may be expected to last for a continuous
				  period of not less than twelve months, or an individual who is sixty-five years
				  of age or older, shall apply for the federal supplemental security income
				  program (SSI) administered by the Social Security Administration.
(1) An individual who has been determined
				  ineligible for SSI because of the individual's own failure to respond or to
				  submit evidence to establish the individual's SSI eligibility shall be
				  ineligible for GA.
(2) An
				  individual who has been determined ineligible for SSI through no fault on the
				  part of the individual such as, being determined over-income by SSI standards,
				  or not being sufficiently disabled to meet SSI requirements, may be eligible
				  for GA when the individual fails to qualify for state supplementary assistance
				  to the aged, blind, and disabled, as specified in chapter 17-658.
(3) An individual who is sixty-five years of
				  age or older shall be categorized under the state funded AABD program and shall
				  meet the requirements of chapter 17-658 pending the final determination of the
				  SSI program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 1 - GENERAL PROVISIONS › Section 17-659-4 - Determination of identity

Current through June, 2024
(a) Individuals
				  shall provide sufficient verification to establish the individuals'
				  identity.
(b) The department may
				  consider, but shall not be limited to considering the following documents of
				  verification to establish the individuals' identity:
(1) Birth certificate;
(2) Passport;
(3) Church record of birth or
				  baptism;
(4) School
				  record;
(5) Insurance
				  policy;
(6) Marriage
				  record;
(7) Military discharge
				  papers;
(8) Draft card;
(9) State identification card;
(10) Motor vehicle operator's
				  license;
(11) Voter registration
				  card;
(12) Credit card with
				  signature shown; or
(13) Any other
				  document which shows either the individual's signature or photograph.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 2 - PROGRAM REQUIREMENTS › Section 17-659-11 - Program eligibility requirements

Current through June, 2024
(a) An individual
				  shall be between 18 and 65 years of age.
(b) The household shall not include the minor
				  dependents of any eligible adult for whom the adult provides care and
				  supervision.
(c) A dependent adult
				  applying for assistance shall meet the requirements specified in section
				  17-659-14.
(d) A medical
				  determination of physical impairment, mental impairment, or a combination of
				  physical and mental impairment is required at the time of application and when
				  the medical or psychiatric board determines a reexamination is needed. An
				  applicant who claims both a physical and a mental impairment shall be asked to
				  designate the primary disability.
(1) A
				  determination and certification of physical impairment shall only be made by a
				  board of licensed physicians.
(2) A
				  determination and certification of mental impairment shall only be made by a
				  board of licensed psychologists or licensed physicians whose specialty is in
				  psychiatry.
(3) A determination and
				  certification of a combination of physical and mental impairment shall be made
				  by both the medical and the psychiatric boards.
(4) The director shall appoint licensed
				  physicians or licensed psychologists designated and paid by the department to
				  the medical or psychiatric board. Such members of each board shall be appointed
				  for the period contracted with the department unless otherwise
				  specified.
(5) The director shall
				  appoint the department's medical and psychiatric consultants to the medical or
				  psychiatric board. Such members of each board shall be appointed for the
				  duration of their employment with the department unless otherwise
				  specified.
(6) A minimum of three
				  members of each board must participate in the review of a disability.
(A) The board members involved in the review
				  of an individual's physical or mental impairment shall include the department's
				  designated examining physician or psychologist.
(B) A minimum of two board members must agree
				  on each determination and certification of physical or mental
				  impairment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 2 - PROGRAM REQUIREMENTS › Section 17-659-14 - Requirements for a dependent adult

Current through June, 2024
(a) The dependent
				  adult must be under sixty-five years of age and meet the requirements of this
				  section.
(b) The applicant or
				  recipient shall provide evidence to establish a relationship with the dependent
				  adult.
(c) The dependent adult is
				  required to meet the work requirements of section 17-659-16, except a dependent
				  adult who is disabled or employed full-time or enrolled in an organized
				  government job training program.
(d) The disabled dependent adult is required
				  to meet the provisions of sections 17-659-11.
(e) The dependent adult who is not disabled
				  is exempt from registering with the department of labor and industrial
				  relations, and from satisfying the employment search, and TLF requirements of
				  section 17-659-16 when:
(1) The dependent
				  adult's parent, spouse, or child is severely ill and such illness requires the
				  dependent adult's presence when no other care arrangement is feasible;
				  and
(2) A medical verification of
				  the severity of illness and need for attendant care is provided.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 2 - PROGRAM REQUIREMENTS › Section 17-659-15 - Grandfathered persons

Current through June, 2024
(a) A grandfathered
				  person shall be eligible to receive assistance provided no lapse in receipt of
				  assistance occurs after May 24, 1978.
(b) If a lapse in receipt of assistance
				  occurs, after the individual met the requirement of subsection (a), the
				  individual shall no longer be classified as a grandfathered person and shall be
				  required to reapply for assistance when the lapse is due to the individual's:
(1) Failure to comply with any requirements
				  or conditions for receipt of benefits; or
(2) Request for voluntary
				  withdrawal.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 2 - PROGRAM REQUIREMENTS › Section 17-659-16 - Work requirements for the dependent adult

Current through June, 2024
(a) An
				  applicant under the age of sixty-five years who is unemployed shall have been
				  separated from full-time employment for reasons other than voluntary separation
				  without good cause or separation for misconduct within twelve months prior to
				  application, unless disabled. Sections 17-659-18 and 17-659-19 shall apply in
				  establishing good cause or determining misconduct.
(b) A dependent adult under fifty-five years
				  of age who is unemployed or employed less than full-time shall actively and
				  diligently seek gainful employment and accept or pursue referrals for
				  employment, unless disabled or exempt:
(1)
				  The applicant shall seek employment from a minimum of three prospective places
				  of employment within seven days after being informed of this requirement and
				  shall continue to seek employment from a minimum of three prospective places on
				  a weekly basis during the month of application and through the month of
				  approval;
(2) The recipient shall
				  seek employment from a minimum of twelve prospective places of employment on a
				  monthly basis following the month of approval;
(3) The applicant and recipient shall furnish
				  to the department written statements, on the department's form or other valid
				  statements from prospective employers, substantiating the dependent adult's
				  effort to obtain employment:
(A) The
				  applicant shall provide the verification within seven days after being informed
				  and weekly thereafter; and
(B) The
				  recipient shall provide the verification by the last work day of the month;
				  and
(4) The applicant
				  and recipient shall register with the department of labor and industrial
				  relations (DLIR):
(A) The applicant shall
				  provide proof of initial registration; and
(B) The recipient shall complete a monthly
				  visit to DLIR in search of employment and shall provide proof of the monthly
				  visit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 2 - PROGRAM REQUIREMENTS › Section 17-659-19 - Determination of misconduct for a dependent adult subject to work requirements

Current through June, 2024
(a) The department
				  may contact the applicant's or recipient's last employer to determine whether
				  the applicant or recipient is unemployed because of misconduct.
(b) Separation from employment due to
				  unsatisfactory performance which is based on medically documented physical or
				  mental illness or mental retardation shall not be considered
				  misconduct.
(c) The following
				  situations shall constitute employee misconduct:
(1) One unexcused absence, unless the
				  presence of the individual is required in a court proceeding and the employer
				  refused to give time off;
(2)
				  Repeated tardiness;
(3) An argument
				  or altercation with a superior or coworker while at the place of employment
				  during work time caused by the applicant or recipient;
(4) Intentional conversion of business or
				  personal property of the employer by the employee;
(5) Intentional disregard of a superior's or
				  employer's reasonable instructions;
(6) Use of intoxicants on the job;
(7) Neglect in the performance of work duties
				  after a prior warning was given the employee by the employer;
(8) Noncompliance with company policy which
				  endangers the health or safety of the other employees, the employer's business,
				  or the employer's customers; and
(9) Intentional violation of the employer's
				  lawful and reasonable rules and orders.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 3 - DISQUALIFICATIONS AND EXCLUSIONS › Section 17-659-26 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the periods
					 of disqualification and exclusion from GA when an individual fails or refuses
					 to comply with the requirements of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 3 - DISQUALIFICATIONS AND EXCLUSIONS › Section 17-659-27 - Financial assistance disqualification and exclusion for failure to comply with program requirements

Current through June, 2024
(a) All applicant
				  assistance units who fail to comply with the requirements and conditions of
				  this chapter shall be denied assistance.
(b) When the application includes an adult
				  member who fails to meet the work requirements of section 17-659-16, the adult
				  member shall be disqualified and the remaining member of the assistance unit
				  shall not be disqualified if the assistance unit was formed after the failure
				  to meet the requirement occurred.
(c) A recipient who refuses or fails to
				  comply with any of the requirements or conditions set forth in this chapter
				  shall be disqualified and excluded from receiving assistance.
(1) The failure of one member of the
				  recipient assistance unit to comply with the requirements or conditions of this
				  chapter shall exclude the entire assistance unit from the program except as
				  specified in paragraph (2);
(2)
				  When the member is disqualified for not meeting the work requirements of
				  section 17-659-16:
(A) The member who failed
				  to meet the work requirement shall be disqualified; and
(B) The remaining member of the assistance
				  unit shall be disqualified unless the assistance unit was formed after the
				  failure to meet the work requirement occurred.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 3 - DISQUALIFICATIONS AND EXCLUSIONS › Section 17-659-29 - Periods of disqualification and exclusion

Current through June, 2024
(a) Noncompliance
				  with the following requirements shall result in disqualification and exclusion
				  for twelve months:
(1) Quitting a job without
				  good cause;
(2) Being fired from a
				  job for misconduct;
(3) Refusing or
				  failing to exhaust UIB entitlement; and
(4) Refusing employment without good
				  cause.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-36 - Purpose

Current through June, 2024
The purpose of this subchapter shall be to establish the
					 requirements for registration and participation in the public works projects
					 under the department's temporary labor force program for recipients of
					 GA.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-37 - Definitions

Current through June, 2024
As used in this subchapter: "Liaison officer" means a
					 state employee of the sponsoring state or county department or agency assigned
					 the responsibilities to work directly with the DHS-BESSD branch TLF coordinator
					 in administering the TLF program.
"Project supervisor" means the state employee designated
					 by the sponsoring agency who has the responsibilities to oversee the project
					 assignment and participation of the TLF worker.
"Sponsoring agency" means the state or county department
					 or agency which requested and has been approved to sponsor a work project for
					 the GA recipients.
"TLF coordinator" means the employee of the DHS-BESSD
					 branch who has the responsibilities to administer the department's TLF program
					 for its branch, and to act as coordinator and liaison person between the
					 eligibility worker for the GA recipient and the sponsoring agency. In branches
					 where there is no TLF coordinator assigned, the eligibility worker shall act in
					 the capacity of the coordinator.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-38 - Administration of public work projects

Current through June, 2024
(a) The public work
				  projects shall be administered to:
(1) Utilize
				  the GA recipients' productive capabilities;
(2) Assist in the retention of the
				  individuals' work skills or the acquisition of new skills;
(3) Provide the state and counties with
				  supplementary and complementary workers to render public services;
				  and
(4) Afford GA recipients the
				  opportunity, confidence, satisfaction, and dignity of leading productive and
				  contributive lives.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-39 - TLF work projects

Current through June, 2024
(a) The following
				  criteria shall be considered in establishing TLF work projects:
(1) Provide employment which, to the extent
				  possible, utilizes, nurtures, and sustains the productive capacities of the
				  individual;
(2) Accomplishes work
				  which, otherwise, may not be undertaken due to the absence of regular positions
				  or funds; and
(3) Entails little or
				  no expense to the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-40 - Sponsoring agency's responsibilities

Current through June, 2024
(a) The sponsoring
				  agency shall provide the following work-related needs:
(1) Transportation on the same basis as that
				  furnished regular employees;
(2)
				  Equipment and tools;
(3) Physical
				  examinations, if required. The department shall assume the cost of physical
				  examinations through its medicaid program if the sponsoring agency is unable to
				  make the necessary arrangements;
(4) Worker's compensation coverage. The
				  department shall assume the cost of the medical coverage through its medicaid
				  program if the sponsoring agency is unable to make the necessary arrangements.
				  There shall be no duplication of coverage by worker's compensation and medicaid
				  coverage; and
(5) Supervision and
				  training as required.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-41 - Certification and assignment of individuals for projects

Current through June, 2024
(a)
				  GA recipients, unless exempted by specific provisions of this chapter, shall be
				  certified for participation in the TLF program. The project supervisor shall
				  determine which calendar days the certified recipient shall work.
(b) The following recipients shall be exempt
				  from participating in TLF:
(1) A person whose
				  welfare payment is less than the equivalent of eight hours times the current
				  state minimum wage;
(2) A recipient
				  who is employed full-time or is currently enrolled in an organized job training
				  program; and
(3) Any other
				  recipient whose participation in TLF is exempted by specific provisions of this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-42 - Determination of number of hours and work days assigned to TLF workers

Current through June, 2024
(a) The number of work hours or work days
				  assigned shall be determined on the basis of the financial assistance grant
				  amount divided by the state's legal minimum wage rate. Payment for TLF work
				  performed shall not be considered wages and the use of the state's minimum wage
				  rate, in computing the number of TLF work hours or days assigned, shall serve
				  merely as a determinant.
(b) The
				  determined number of hours or work days shall be prorated equally between a
				  couple provided the number of assigned days exceed twelve days. If the number
				  of assigned days is twelve or less, the recipient couple shall be allowed to
				  elect one member to fulfill the TLF requirements. The elected individual shall
				  not be interchangeable from one adult to the other, unless mutually agreed upon
				  by the adult recipient and department's eligibility worker.
(c) The number of work days and hours shall
				  be limited by the following conditions:
(1)
				  Hours of work shall be limited to eight hours maximum per day, thirty-two hours
				  per week, during daylight hours unless a voluntary approval is otherwise
				  secured from the recipient; and
(2)
				  Work may be assigned for any day of the week except Saturdays, Sundays, or
				  state legal holidays.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-43 - Conduct of workers

Current through June, 2024
(a) TLF workers
				  shall be expected to conduct themselves as would regular employees of the
				  sponsoring agency.
(b) The
				  assistance unit, which includes a TLF worker, shall be subject to a reduction
				  in grant or disqualification from the general assistance program for unexcused
				  absences, tardiness, or infractions of the sponsoring agency's rules and
				  policies by the TLF worker.
(1) Unexcused
				  absences, if not made up, totaling less than one-half the number of assigned
				  work days in a given month shall require a reduction of the assistance unit's
				  assistance grant on a prorated basis.
(2) Unexcused absences, if not made up,
				  totaling one-half or more of a number of assigned work days in a given month
				  shall result in disqualifying the assistance unit from assistance. The
				  disqualification shall be in accordance with the provisions of section
				  17-659-27.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 659 - GENERAL ASSISTANCE (GA) › Subchapter 4 - TEMPORARY LABOR FORCE PROGRAM (TLF) › Section 17-659-44 - Absences, time-off, and make-up

Current through June, 2024
(a) A recipient who
				  is absent from TLF work shall report the absence and the reason for the absence
				  to the project supervisor or to the eligibility worker by the department's next
				  working day.
(1) The project supervisor shall
				  prepare an absence report, on a form provided by the department, on a monthly
				  basis.
(2) The absence report shall
				  be submitted to the department by the third working day of the following month
				  by the project supervisor or liaison officer.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-661-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the financial
					 assistance requirements for eligibility and participation in the refugee
					 resettlement, repatriate, and state legalization impact assistance grant
					 (SLIAG) programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-661-2 - Definitions

Current through June, 2024
As used in this chapter: "Administrative hearing" means an
					 administrative proceeding which affords an aggrieved person an opportunity to
					 present an appeal before the department's hearing officer.
"Assistance unit" means persons whose needs, income, and
					 assets are considered in determining eligibility for financial assistance and
					 the amount of financial assistance.
"Caretaker relative" means a relative who provides care
					 and supervision to children.
"Categorical relatedness" means requirements which an
					 individual shall meet in order to be eligible for assistance for a specific
					 program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-661-3 - Administrative hearings

Current through June, 2024
(a) The procedures
				  for administrative hearings specified in chapter 17-602.1 shall
				  apply.
(b) Recipients of assistance
				  under the repatriate program are not eligible to receive aid pending a hearing
				  decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-6 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the
					 financial assistance requirements for eligibility and participation in the
					 refugee resettlement program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-7 - Definitions

Current through June, 2024
As used in this subchapter:
"Full-time training" means that the refugee is enrolled in
					 at least thirty hours of training in a program as part of an employability plan
					 approved by the service agency which has been approved by the
					 department.
"Refugee" means a person who is outside of the country of
					 the person's nationality or last place of habitual residence, is unable or
					 unwilling to use the protection of that country because of persecution or a
					 well founded fear of persecution on account of race, religion, nationality,
					 membership in a particular social group, or political opinion, has been
					 admitted into the United States by the Immigration and Naturalization Service
					 (INS) as a refugee and, if a dependent of a repatriated United States citizen,
					 has been in the United States for more than ninety days.
"Refugee cash assistance (RCA)" means cash assistance
					 provided to refugees who are ineligible for AFDC or SSI and who have resided in
					 the United States for less than a specified period of time from their initial
					 entry into the country. Effective October 1, 1991, the specified period of time
					 shall be eight months and may be increased or decreased, subject to the
					 availability of federal funds, by the Office of Refugee Resettlement.
"Refugee resettlement program" means the federally funded
					 program, established by section 412(a)(9), Immigration and Nationality Act (
					 8
					 U.S.C. §1522(a) (9) ),
					 for the resettlement of refugees in the United States.
"Repatriated United States citizen" means an individual
					 who has reestablished residence in the United States.
"Service agency" means an agency providing employment
					 services funded under the refugee resettlement program.
"Sponsor" means any person or agency who has assumed the
					 responsibility for assisting a refugee resettle into a community.
"State employment service" means the employment service of
					 the state department of labor and industrial relations.
"Voluntary resettlement agency" means a private, nonprofit
					 organization contracted by the federal government to provide initial
					 resettlement services to refugees.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-8 - Exclusions from the definition of refugee

Current through June, 2024
Excluded from the status of a refugee shall be:
(1) Dependents of repatriated United States
				  citizens who:
(A) Have been in the United
				  States for ninety days or less; and
(B) Have one of the following specified
				  relationships to the repatriated citizens:
(i) Spouse;
(ii) Parents;
(iii) Grandparents;
(iv) Unmarried minor child, including an
				  adopted child or stepchild;
(v)
				  Unmarried adult child, including an adopted child or stepchild, who is
				  dependent because of a handicap;
(vi) Spouse's parents;
(vii) Spouse's grandparents; or
(viii) Minor siblings of the repatriated
				  citizen or the citizen's spouse;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-9 - Identification of a refugee

Current through June, 2024
Refugees shall possess an INS form 1-94 or INS form 1-151
					 or I-551.
(1) The individual who began
				  receiving financial assistance under the refugee resettlement program prior to
				  October 15, 1980, shall possess:
(A) INS form
				  1-94 with the status of "conditional entrant", "paroled", or "voluntary
				  departure"; or
(B) INS form I-151
				  or I-551, admitted to the United States with permanent resident status on or
				  after April 8, 1975, or has attained permanent resident as a result of an
				  adjustment of status under Pub. L. No. 95-145.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-10 - Sponsor contact

Current through June, 2024
(a) The department
				  shall notify the voluntary resettlement agency or local affiliate which
				  provided for the initial resettlement of the refugee when a refugee applies for
				  assistance.
(b) The department
				  shall contact the refugee's sponsor or resettlement agency to determine what
				  assistance is being provided the refugee and whether the refugee requesting
				  financial assistance has refused an offer of employment or has voluntarily quit
				  a job without good cause.
(1) A telephone
				  contact with the sponsor or resettlement agency shall be acceptable when a
				  personal contact is not possible; and
(2) Information obtained shall be recorded in
				  the case record.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-11 - Eligibility for RCA

Current through June, 2024
(a) Refugee
				  families who qualify for AFDC shall be categorized as state funded AFDC
				  (AFDC-S):
(1) The eligibility requirements
				  and conditions of the AFDC program shall apply;
(2) Income and assets remaining in the
				  refugee's country of origin shall not be considered available; and
(3) These families shall be considered
				  eligible for RCA.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-13 - Relationship to supplemental security income

Current through June, 2024
(a) All refugee
				  recipients under the refugee resettlement program who are sixty-five years of
				  age or older, or who are blind or disabled shall be referred to the Social
				  Security Administration to apply for Supplemental Security Income (SSI)
				  benefits.
(b) State supplemental
				  assistance to refugee SSI recipients shall be provided according to state
				  standards.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-14 - Records

Current through June, 2024
The following information shall be entered in the case
					 record of each refugee:
(1) The name
				  and address of the sponsor;
(2) The
				  name of the national voluntary resettlement agency which resettled the refugee.
				  If a refugee was not resettled by a voluntary resettlement agency, this
				  information shall be recorded in the case file; and
(3) The passport or alien registration number
				  on the form 1-94.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-15 - Redetermination of eligibility

Current through June, 2024
(a) The provisions
				  of Chapter 17-648 relating to redetermination of eligibility shall
				  apply.
(b) Eligibility for RCA
				  shall be redetermined not less frequently than every twelve months.
(c) The department shall contact the
				  refugee's sponsor or resettlement agency to determine what assistance the
				  sponsor or resettlement agency is providing and whether the refugee receiving
				  RCA has refused an offer of employment or has voluntarily quit a job without
				  good cause.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-16 - Employment requirements for RCA

Current through June, 2024
(a) As a condition
				  for receipt of RCA under the refugee resettlement program, a refugee shall
				  register with an appropriate service agency approved by the state, unless
				  exempt under section 17-661-19. If there is no service agency approved by the
				  state, the refugee shall register with the state employment service.
(b) The employable refugee shall not, during
				  thirty consecutive calendar days immediately prior to the application for
				  assistance have voluntarily quit employment or have refused to apply for or
				  accept an appropriate offer of employment.
(c) The dependents of an ineligible applicant
				  may apply for and receive RCA if the dependents otherwise meet eligibility
				  requirements.
(d) While receiving
				  RCA, the employable refugee shall be disqualified when:
(1) The refugee voluntarily quit employment
				  for the purpose of receiving assistance; or
(2) The refugee refused to apply for or
				  complete the application or appraisal process with the state employment service
				  or service agency approved by the state; or
(3) The state employment service or service
				  agency approved by the state determines that the employable refugee has refused
				  to apply for or accept an appropriate offer of employment, or refused to
				  participate in employment related training.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-17 - Training requirements for RCA

Current through June, 2024
(a) As a condition
				  for continued receipt of RCA, the refugee who is unemployed or employed less
				  than one hundred hours per month, shall be required to participate in training
				  such as English language or skill training, if available, and if determined
				  appropriate by the service agency approved by the state.
(b) The refugee who is employed one hundred
				  or more hours per month, shall be encouraged to participate in part-time
				  English language or skill training.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-18 - Appropriate employment and training criteria for RCA

Current through June, 2024
(a)
				  The determination of appropriate work or training for the RCA refugee shall be
				  made by the state employment service or the service agency approved by the
				  state.
(b) The work or training
				  site to which the individual is assigned shall not be in violation of
				  applicable federal, state, and county health and safety standards.
(c) Assignments shall not be made which are
				  discriminatory in terms of age, sex, race, creed, color, or national
				  origin.
(d) The total commuting
				  time to and from a work or training site to which the individual is assigned
				  shall not normally exceed two hours, not including the transporting of a child
				  to and from a child care facility. A longer commuting distance and time may
				  generally be accepted in the community, in which case the round-trip commuting
				  time shall not exceed the generally accepted community standards.
(e) Full-time attendance in a college program
				  for a person aged eighteen or over shall be considered appropriate training for
				  an individual provided:
(1) The individual is
				  a professional in need of professional refresher training and other
				  recertification services to qualify to practice his or her profession in the
				  United States: and
(2) The
				  training:
(A) Is approved as part of the
				  individual's employability plan by the state agency;
(B) Does not exceed the specified time period
				  to receive RCA benefits;
(C) Is
				  specifically intended to assist the professional in becoming relicensed in his
				  or her profession; and
(D) If
				  completed, can realistically be expected to result in such
				  relicensing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-19 - RCA employment and training exemptions

Current through June, 2024
(a) A
				  refugee shall be considered employable unless one of the following exemptions
				  applies:
(1) The individual is under age
				  sixteen, or under age eighteen and is a full-time student as specified in
				  chapter 17-656;
(2) The individual
				  is age eighteen and is:
(A) A full-time
				  student in a secondary school or in the equivalent level of vocational or
				  technical training, as specified in chapter 17-656, and is reasonably expected
				  to complete the program before reaching age nineteen; or
(B) Enrolled full-time in training as part of
				  an employability plan approved by the service agency approved by the
				  department;
(3) A person
				  is ill, incapacitated, or over age sixty-five. The incapacity shall be verified
				  through a written medical, psychological, or psychiatric report showing the
				  limitations and the estimated period of incapacity;
(4) A person whose presence in the home is
				  required because of illness or incapacity of another member of the
				  household;
(5) A mother or other
				  caretaker of a child under the age of six who is caring for the child;
				  or
(6) A mother or other caretaker
				  of a child, when the nonexempt father or other nonexempt adult relative in the
				  house is registered and has not refused to accept employment without good
				  cause.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-20 - RCA employment and training sanctions

Current through June, 2024
(a) Upon
				  refusal by an employable refugee recipient to comply with the employment
				  requirements of section 17-661-16 the department shall:
(1) Provide a timely and adequate notice as
				  provided in chapter 17-649;
(2)
				  Provide a conciliation period prior to the imposition of a sanction within the
				  following time-limitations :
(A) No later
				  than ten days following the date of failure or refusal to participate;
				  and
(B) Complete conciliation
				  within a thirty day period; or
(C)
				  Terminate conciliation within the thirty day period when either the department
				  or the recipient believes that the dispute cannot be resolved by
				  conciliation;
(3)
				  Terminate assistance for the refugee refusing to comply with the employment and
				  training requirements after the conciliation period specified in paragraph (2)
				  and following timely and adequate notice standards as identified in chapter
				  17-649 and hearing requirements as described in chapter 17-602.1;
(4) Apply a sanction in the following manner:
(A) If the assistance unit includes other
				  individuals, then the grant shall be reduced by the amount included on behalf
				  of that refugee. If the employable refugee is a needy caretaker relative,
				  assistance in the form of protective or vendor payments shall be provided to
				  the remaining members of the assistance unit; or
(B) If the individual is the only individual
				  in the assistance unit, the grant shall be terminated.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 2 - REFUGEE RESETTLEMENT PROGRAM › Section 17-661-22 to 17-661-25 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 3 - REPATRIATE PROGRAM › Section 17-661-26 - Purpose

Current through June, 2024
This chapter identifies the individuals and the services
					 available to United States citizens who are returned from foreign countries
					 (repatriates).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 3 - REPATRIATE PROGRAM › Section 17-661-27 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the department of human
					 services.
"Eligible person" means an individual who meets the
					 conditions specified in section
					 17-661-28.
"Service" means the Social and Rehabilitation Service,
					 Department of Health and Human Services. "Temporary assistance" means financial
					 assistance, medical care, temporary billeting, transportation, and other goods
					 and services necessary for the health or welfare of individuals, including
					 guidance, counseling, and other welfare services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 3 - REPATRIATE PROGRAM › Section 17-661-28 - Conditions of eligibility

Current through June, 2024
To be eligible for services, the individual shall
					 be:
(1) A citizen of the United States
				  or a dependent of a citizen of the United States;
(2) Identified as having returned or been
				  brought from a foreign country to the United States through a written statement
				  transmitted to the Service by an authorized official of the Department of State
				  because of the following situations:
(A)
				  Destitution of the citizen of the United States;
(B) Illness of the citizen or any of the
				  citizen's dependents;
(C)
				  War;
(D) Threat of war;
(E) Invasion; or
(F) Similar crises;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 661 - REFUGEE RESETTLEMENT, REPATRIATE, AND STATE LEGALIZATION IMPACT ASSISTANCE GRANT (SLIAG) PROGRAMS › Subchapter 3 - REPATRIATE PROGRAM › Section 17-661-29 - Scope of service

Current through June, 2024
(a) The department,
				  upon notification by the Service, shall meet individuals identified under
				  section 17-661-28 at the port of entry or debarkation.
(b) The department shall provide temporary
				  assistance to an eligible person for up to ninety days from the date of arrival
				  in the United States.
(c) Temporary
				  assistance may be extended for up to nine months if the repatriate is
				  handicapped in attaining self-support or self-care for the following reasons:
(1) Age;
(2) Disability; or
(3) Lack of vocational preparation, in which
				  case temporary assistance may be extended upon prior authorization by the
				  Service for nine additional months.