Hawaii Revised Statutes 346. Department of Human Services

PART I. GENERAL AND ADMINISTRATIVE PROVISIONS

• 346-1 Definitions.
  Unless the context clearly requires a different meaning, when used in this chapter: "Abused or neglected" means subjected to "harm", "imminent harm", or "threatened...
• 346-1.7 Repealed.
  L 2012, c 178, §7.
• 346-2 Appointment of Personnel.
  The director of human services shall appoint such personnel in conformity with law as the director deems necessary. All employees of the department of...
• 346-3 Compensation of Employees.
  The compensation of all personnel in the department of human services shall be fixed by the director of human services pursuant to any applicable...
• 346-4 Repealed.
  L 1989, c 247, §1.
• 346-4.5 Investigators; Authority and Access to Records.
  (a) The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned...
• 346-5 Reports.
  The director of human services shall file with the governor a written report or reports at such times, at least once in each year,...
• 346-6 Appropriations; Expenditures; Donations.
  Moneys provided by the legislature for expenditure by the department of human services shall be expended upon vouchers approved by the director of human...
• 346-7 Acceptance of Grants-In-aid or Outright Grants.
  (a) The department of human services may accept, at any time, grants-in-aid or outright grants from the federal government or any department thereof for...
• 346-7.5 Spouse and Child Abuse Special Account; Department of Human Services.
  (a) There is established within the state treasury a special fund to be known as the "spouse and child abuse special account", and to...
• 346-8 Additional Funds.
  (a) The department of human services may accept and deposit with the director of finance, for use in carrying out any of the purposes...
• 346-9 Workshop Program.
  (a) All moneys to fund workshop or home labor activities for welfare recipients or other persons who, in the opinion of the department, would...
• 346-10 Protection of Records; Divulging Confidential Information Prohibited.
  (a) The department and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records...
• 346-11 Unauthorized Disclosure or Inspection.
  Any person, including any person acquiring information through inspection permitted the person or another under section 346-10, who, knowing the information to have been...
• 346-12 Hearing.
  An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall...
• 346-13 Attendance and Testimony of Witnesses.
  (a) In all hearings or investigations conducted by or initiated at the request of the director of human services or the director's designated subordinate...
• 346-14 Duties Generally.
  Except as otherwise provided by law, the department of human services shall: (1) Establish and administer programs and standards, and adopt rules as deemed necessary...
• 346-14.3 Guiding Principles to Be Used by State Agencies When Dealing With Children of Incarcerated Parents.
  The guiding principles to be used by the state agencies when dealing with children of incarcerated parents shall be as follows: (1) Children should be...
• 346-14.5 Financial Assistance Advisory Council; Established.
  (a) There is created within the department for administrative purposes the financial assistance advisory council. The financial assistance advisory council shall be composed of...
• 346-15 Death Benefits for Deceased Medical or Financial Assistance Recipients and Disposition of Unclaimed Dead Human Bodies.
  (a) Where the decedent was a medical assistance or financial assistance recipient at the time of death and is ineligible for the Social Security Administration's...
• 346-16 Definitions.
  (a) As used in this chapter: "Child caring institution" means any institution other than an institution of the State, maintained for the purpose of...
• 346-17 Child Placing Organizations, Child Caring Institutions, and Foster Boarding Homes; Authority Over, Investigation Of, and Standards For.
  (a) No child placing organization shall engage in the investigation, placement, and supervision of minor children in foster care unless it meets the standards...
• 346-17.2 Health Assessment.
  The department shall ensure the provision of a comprehensive health assessment for each child in out-of-home placement forty-five days before or after an initial...
• 346-17.3 Motor Vehicle Insurance.
  The parents of a child under foster care who has obtained a driver's license shall pay the costs of the child's motor vehicle insurance,...
• 346-17.4 Higher Education Board Allowances for Students.
  (a) An eligible former foster youth shall be eligible for higher education board allowances after reaching the age of majority, and the higher education...
• 346-17.5 Federal Aid to Children in Foster Care.
  (a) Beginning October 1, 1983, not more than forty per cent of the total number of children for whom maintenance is provided pursuant to...
• 346-17.6 Consent to No Cost Emergency Shelter and Related Services.
  (a) A provider may provide no cost emergency shelter and related services to a consenting minor if the provider reasonably believes that: (1) The minor...
• 346-18 to 346-19.5 Repealed.
  L 1985, c 208, §4.
• 346-19.6 Repealed.
  L 2003, c 95, §9(3).
• 346-19.7 Prospective Adoptive Parents; Standards and Home Studies.
  (a) The department shall develop standards to ensure the reputable and responsible character of prospective adoptive parents as defined in this chapter. (b) The...
• 346-20 to 346-25 Repealed.
  L 1985, c 208, §4.
• 346-26 Prevention and Treatment of Conditions Giving Rise to Need.
  The department of human services may carry on or administer or cooperate with other public or private agencies in work or activities for the...
• 346-27 Repealed.
  L 1969, c 173, §1.
• 346-28 Repealed.
  L 1976, c 73, §1.
• 346-28.5 Family Self-Sufficiency Escrow Accounts; Asset Test Exemption.
  Moneys within an escrow account established under the family self-sufficiency program of the United States Department of Housing and Urban Development shall be disregarded...
• 346-29 Applications for Public Assistance; Manner, Form, Conditions.
  (a) Applications for public assistance under this chapter shall be made by the applicant, or by someone acting in the applicant's behalf, in the...
• 346-29.3 Medical Assistance Application Information; Annual Report; Public Disclosure.
  (a) Each applicant for medical assistance under any program administered by the department shall identify the employer of the proposed beneficiary of medical assistance....
• 346-29.5 Real Property Liens.
  (a) The department of human services may require of any person applying for or currently receiving assistance under the department's programs, including but not...
• 346-30 Relief Limited.
  During the continuance of public assistance under this chapter, no recipient shall receive any other public assistance from the State or any county, except...
• 346-31 Assignment of Persons in Need of Public Assistance to Work on Public Projects.
  The department of human services as far as permissible under the then existing federal laws, may assign persons in need of public assistance to...
• 346-32 Application of Chapter 386 to Persons in Need of Public Assistance Assigned to Work Projects.
  Chapter 386 shall apply to recipients of public assistance assigned to work on public projects pursuant to section 346-31, who shall be deemed employees...
• 346-33 Assistance Payments Inalienable.
  Assistance payments and compensation paid by the department of human services to blind persons and other persons for work performed in their homes or...
• 346-34 Frauds, Penalties.
  (a) Any recipient who buys or disposes of real property or any person who knowingly aids or abets a recipient in the purchase or...
• 346-35 Cancellation or Revision.
  If, at any time during the currency or continuance of public assistance, the recipient, or any person legally liable for the support of the...
• 346-36 Assistance Payments, Subject to Change or Repeal.
  All public assistance granted under this chapter shall be deemed to be granted and held subject to any amending or repealing act that may...
• 346-37 Recovery of Payments and Costs of Medical Assistance.
  (a) If a recipient under this chapter dies leaving an estate and does not have a surviving spouse, child, father, mother, grandfather, grandmother, grandchild,...
• 346-37.1 Payment of Public Assistance for Child Requires Payment of Child Support to Department by Natural or Adoptive Parents.
  (a) Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due and owing...
• 346-37.2 Department Subrogated to Rights.
  The department shall be subrogated to the right of such child or children or person having the care, custody, and control of such child...
• 346-37.3 Notice of Child Support Debt.
  The department shall notify the child support enforcement agency of the amount of, and the periods during which, public assistance was provided to or...
• 346-37.4 to 346-37.6 Repealed.
  L 1986, c 332, §23.
• 346-38 Incompetency of Recipient.
  If the recipient is found incapable of taking care of the recipient's money or oneself, the department of human services may direct its assistance...
• 346-39 Legal Representative.
  The attorney general and the county attorneys and corporation counsel shall act as legal representatives of the department of human services when so requested....
• 346-39.5 Unclaimed Financial Assistance Balances in Electronic Benefit Transfer Accounts.
  If there is a balance of financial assistance benefits in an electronic benefit transfer account, that balance shall revert back to the program's appropriation...
• 346-40 Maintenance and Availability of Records; Penalty.
  (a) To enable another provider to determine the proper course of treatment in emergencies and in order to determine whether a provider is genuinely...
• 346-41 Inspection of Institutional Facilities.
  (a) The director of the department of health, department of human services and the attorney general of the State shall have the right to...
• 346-41.5 Hawaii Qualified Health Centers.
  If the medicaid managed care program is implemented, the department shall provide a supplemental capitation program for the uninsured with enabling services based on an...
• 346-42 Administrative Inspections and Warrants.
  (a) Issuance and execution of administrative inspection warrants shall be as follows: (1) A judge of the circuit court, or any district judge within...
• 346-43 Penalties Under Other Laws.
  Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction...
• 346-43.5 Medical Assistance Frauds, Penalties.
  It is unlawful for any person to knowingly and wilfully make or cause to be made to the medical assistance program any false statement...
• 346-44 Recovery of Public Assistance Overpayments.
  All overpayments of public assistance funds, including but not limited to overissuances of financial assistance, food stamp bonuses under a food stamp plan, medicaid...
• 346-45 Confidentiality of Court Records.
  (a) The court shall maintain records of all adult protective proceedings under this chapter. All court documents and records pertaining to the action or proceeding...
• 346-46 Certified Nurse Aides; Training Programs and Recertification.
  The director shall: (1) Approve training programs for nurse aides and ensure that the training programs comply with all applicable federal and state requirements;...
• 346-47 Certified Nurse Aides; Investigations of Abuse and Neglect.]
  The department shall adopt rules pursuant to chapter 91 relating to: (1) The investigation of: (A) Abuse or neglect by a certified nurse aide...

PART II. SPECIFIC PROVISIONS COVERING PUBLIC ASSISTANCE
AND CHILD WELFARE SERVICES

• 346-51 to 346-62 [Old] Repealed.
  L 1975, c 145, §1(3). §346-51 Public assistance and child welfare services administered by department. The department of human services shall administer public assistance...
• 346-51.5 Expenditure of Temporary Assistance for Needy Families Funds.
  (a) Funds received by the State under the temporary assistance for needy families program block grant shall be subject to appropriation by the legislature...
• 346-52 Aged, Blind, and Permanently and Totally Disabled Persons; Eligibility for Assistance.
  A person shall be eligible for public assistance who meets the requirements established by the federal supplemental security income program or its successor agency,...
• 346-53 Determination of Amount of Assistance.
  (a) This subsection does not apply to general assistance to households without minor dependents. The standard of need shall equal the poverty level established...
• 346-53.2 Temporary Assistance for Needy Families; Funding and Programs; Public Comment.
  (a) The department, to the extent allowed under section 346-10, shall make all data relating to temporary assistance for needy families funds available to...
• 346-53.3 Temporary Assistance for Needy Families and Food Stamps for Individuals With a Felony Conviction Which Has As an Element the Possession, Use, or Distribution of a Controlled Substance.
  Section 115(a) of Public Law 104-193 shall not apply in Hawaii to persons who are complying with treatment or who have not refused or...
• 346-53.4 Reimbursement to Expanded Adult Residential Care Home Operators.
  Qualified expanded adult residential care home operators under section 321-15.62 who accept residents certified by the department as requiring skilled nursing facility level care...
• 346-53.5 Repealed.
  L 1993, c 148, §2.
• 346-53.6 Federally Qualified Health Centers; Rural Health Clinics; Reimbursement.
  (a) Notwithstanding any law or waiver to the contrary, federally qualified health centers and rural health clinics, as defined in section 1905(1) of the...
• 346-53.8 Kahuku Medical Center.
  [Section repealed June 30, 2023. L 2013, c 143, §4.] The Kahuku medical center is designated as a rural hospital for the purpose of qualifying...
• 346-53.61 Centers for Medicare and Medicaid Services Approval.
  The department shall implement sections 346-53.62, 346-53.63, and 346-53.64, subject to approval of the Hawaii medicaid state plan by the Centers for Medicare and...
• 346-53.62 Federally Qualified Health Centers and Rural Health Clinics; Reconciliation of Managed Care Supplemental Payments.
  (a) Federally qualified health centers or rural health clinics that provide services under a contract with a medicaid managed care organization shall receive estimated...
• 346-53.63 Federally Qualified Health Center or Rural Health Clinic; Adjustment for Changes to Scope of Services.
  (a) Prospective payment system rates may be adjusted for any increases or decreases in the scope of services furnished by a participating federally qualified...
• 346-53.64 Federally Qualified Health Center or Rural Health Clinic Visit.
  (a) Services eligible for prospective payment system reimbursement are those services that are furnished by a federally qualified health center or rural health clinic...
• 346-53.65 Appeal.
  A federally qualified health center or rural health clinic may appeal a decision made by the department if the medicaid impact is $10,000 or more,...
• 346-54 Report to the Legislature.
  On or before January 1 of odd-numbered years the director shall submit a report to the legislature concerning the adequacy of the assistance allowance...
• 346-55 Repealed.
  L 1983, c 196, §3.
• 346-55.1 Visitation, Custody, and Support When Public Assistance Paid.
  Whenever public assistance is paid to or for the benefit of any dependent child, the existence or enforcement of a duty of support owed...
• 346-55.5 Repealed.
  L 1986, c 332, §24.
• 346-56 State Reimbursement.
  The department of human services shall comply with all federal requirements pertaining to methods and standards of administration and shall make such rules and...
• 346-57 Loans to Applicants for Federal Supplemental Security Income.
  Notwithstanding any laws to the contrary, the department of human services may, out of its operating funds, make loans to any person eligible for...
• 346-57.5 Interim Assistance Reimbursement Special Fund.
  (a) There is established in the state treasury the interim assistance reimbursement special fund, to be administered by the department, into which shall be deposited:...
• 346-58 Repealed.
  L 1976, c 150, §3.
• 346-59 Medical Care Payments.
  (a) The department shall adopt rules under chapter 91 concerning payment to providers of medical care. The department shall determine the rates of payment...
• 346-59.2 Comprehensive Breast and Cervical Cancer Control Program.
  (a) There is established the comprehensive breast and cervical cancer control program, to be administered by the department of human services in collaboration with the...
• 346-59.4 Medical Assistance to Other Children.
  The department shall provide state-funded medical assistance, of up to two hundred per cent of the federal poverty level for Hawaii, to persons less than...
• 346-59.5 Enforcement of Contracts.
  (a) The director may monitor a health plan's performance during any contract period. (b) In addition to any other administrative or judicial remedy, the director...
• 346-59.6 Medicaid Overpayment Recovery.
  The director shall recover medicaid overpayments made to providers. Medicaid overpayments shall be recovered due to a provider's ineligibility, noncovered service, noncovered drug, lack of...
• 346-59.7 Enforcement of Decisions Regarding Medicaid Overpayment Recovery; Judgment Rendered Thereon.
  (a) The director may file in the circuit court in the jurisdiction in which the medicaid overpayment occurred a certified copy of: (1) A...
• 346-59.8 Repealed.
  L 2003, c 191, §4.
• 346-59.9 Psychotropic Medication.
  (a) This section shall apply only to the medicaid managed care and fee-for-service programs administered by the department when the department or the department's contracted...
• 346-60 Group Therapy; Reimbursement for Services.
  (a) The department shall establish rules pursuant to chapter 91 to permit payment to providers of group therapy services to recipients under this chapter....
• 346-61 Optometric Services, Choice.
  Whenever visual or optometric services within the lawful scope of practice of a duly licensed optometrist are included in any program, financed with public...
• 346-62 Examination of Blind.
  The department of human services shall not approve an application for public assistance to a blind person until the applicant has been examined by...
• 346-63 Social Services.
  (a) The department shall adopt rules to provide social services pursuant to the Social Security Act, as amended, to eligible persons who are residents...
• 346-64 Repealed.
  L 1999, c 51, §1.
• 346-64.5 Eligibility for Chore Services.
  (a) An applicant for chore services shall be eligible when the applicant meets program requirements for chore services and income eligibility standards as established...
• 346-65 Child Abuse and Neglect Discretionary Emergency Assistance.
  (a) The department may grant funds to a family for child abuse and neglect discretionary emergency assistance in accordance with this section. The purpose...
• 346-66 Psychological Services.
  When the health care or rehabilitative services authorized under this chapter are services which a psychologist is licensed to render under chapter 465, the...
• 346-67 Medical Foods and Low-Protein Modified Food Products; Treatment of Inborn Error of Metabolism; Notice.
  (a) Public assistance recipients in this State who receive medical assistance pursuant to this chapter shall be allowed coverage for medical foods and low-protein...
• 346-68 Bridge to Hope Program; Transitional Benefits.
  (a) There is created within the department a post-secondary education benefits program, to be known as the bridge to hope program, for heads of...
• 346-69 Welfare Safety Net Program; Department of Human Services.
  The department of human services may create a welfare safety net program entitled "Keeping Hope Alive" to assist working families that will be disqualified...
• 346-70 Medical Assistance for Other Pregnant Women.
  (a) The department may provide state-funded medical assistance to a pregnant woman age nineteen years of age or older whose countable family income does not...

PART III. GENERAL ASSISTANCE
TO HOUSEHOLDS WITHOUT MINOR DEPENDENTS

• 346-71 General Assistance to Households Without Minor Dependents.
  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c 127, §5. §346-71 General assistance to households without minor dependents. (a)...
• 346-72 Applications.
  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c 127, §5. §346-72 Applications. Applications for general assistance to households without...
• 346-73 Repealed.
  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c 127, §5. §346-73 REPEALED. L 1975, c 145, §2.
• 346-74 Representative Payee.
  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c 127, §5. [§346-74] Representative payee. (a) Persons determined to be eligible...
• 346-75 Repealed.
  Part heading amended by L 1997, c 200, §§6, 11; L 1998, c 127, §5. §346-75 REPEALED. L 1998, c 127, §3. Cross References...

PART IV. SERVICES TO ADULTS

• 346-81 to 346-85 Repealed.
  Medicaid home and community-based waiver programs, see chapter 346D. A. Day Care Center--Repealed §§346-81 to 346-85 REPEALED. L 2012, c 93, §7. Cross References...

B. Family Boarding Homes--Repealed

• 346-90 Repealed.
  L 1978, c 107, §7.
• 346-91 to 346-96 Repealed.
  L 1985, c 272, §11.

C. General Provisions

• 346-97 Criminal History Record Checks.
  (a) For the purposes of this section: "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined...

PART V. PUBLIC SERVICE EMPLOYMENT

• 346-101 Findings and Purpose.
  The legislature finds that: (1) The magnitude of Hawaii's welfare situation, either in terms of people or in terms of dollar costs, is staggering;...
• 346-102 Public Service Employment; Established.
  (a) The department of human services shall be responsible for providing employment on public works projects as defined in section 346-71, for persons: (1)...
• 346-103 Wages or Salaries of Public Service Employment.
  Any person in occupations of public service employment shall receive the prevailing rate of compensation for persons employed in similar public employment. If no...
• 346-104 Refusal to Work; Ineligibility for Public Assistance.
  The department shall adopt rules pursuant to chapter 91 rendering any person ineligible for public assistance if the person refuses to accept suitable work...

PART VI. LICENSURE OF INDEPENDENT
GROUP RESIDENCES--REPEALED

• 346-121 to 346-124 Repealed.
  L 1985, c 272, §12.

PART VII. RESIDENT ALIEN AND NATURALIZED CITIZEN PROGRAM

• 346-141 Purpose.
  The purpose of this part is to assist a qualified person to return to the person's homeland. [L 1980, c 276, pt of §2]
• 346-142 Definitions.
  As used in this part: "Alien" means any person not a citizen or national of the United States but who is allowed, under federal...
• 346-143 Administration.
  The director may enter into contracts with private, nonprofit organizations for the purpose of providing transportation assistance to a qualified person who desires to...
• 346-144 Application; Approval; Statement; Return.
  (a) A person desiring to return to the person's homeland may make application to the director. The application shall include evidence from a recognized...
• 346-145 Transportation Assistance.
  The director shall adopt rules under chapter 91 to determine the transportation and administrative costs which are required for the return of a qualified...
• 346-146 Penalty.
  Any person who uses the transportation assistance under this chapter for any purpose other than that for which approved by the director shall be...

PART VIII. CHILD CARE

• 346-151 Definitions.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-152 Exclusions; Exemptions.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-152.3 Investigations.]
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-152.5 Criminal History Record Checks, Child Abuse Record Checks, and Adult Abuse Perpetrator Checks for Persons Exempt Pursuant to Section 346-152.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-152.7 Safe Sleep Policy.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-153 Records of Deficiencies and Complaints; Release to Public.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-154 Criminal History Checks, Child Abuse Record Checks, and Adult Abuse Perpetrator Checks.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-155 Rules.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-156 Penalty
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-157 Liability Insurance Coverage; No Requirement.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-158 No Smoking in Child Care Facilities.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...
• 346-159 Child Care Licensing and Registration Special Fund.
  Part heading amended by L 2001, c 201, §3. Cross References Early intervention services for infants and toddlers, see §§321-351 to 321-354. Attorney General...

B. Group Child Care Home and Group Child
Care Center Licensure

• 346-161 License for Group Child Care Home, Group Child Care Center Required.
  Source notes for §§346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical...
• 346-162 Rules; Minimum Standards.
  Source notes for §§346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical...
• 346-163 Licenses and Temporary Permits
  Source notes for §§346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical...
• 346-164 Suspension and Revocation of Licenses and Permits; Reissuance.
  Source notes for §§346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical...
• 346-165 Visitation and Inspection of Group Child Care Home, Group Child Care Center.
  Source notes for §§346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical...
• 346-166 Records.
  Source notes for §§346-161 to 346-166 do not include reference to L 1988, c 125, §3, which purports to amend these sections with identical...

C. Family Child Care Home Registration

• 346-171 Registration for Family Child Care Home Required.
  No person shall operate or maintain a family child care home unless registered to do so by the department of human services under this...
• 346-172 Rules for Registration.
  (a) The department shall adopt rules establishing minimum requirements to ensure the health and safety of children provided care in a family child care...
• 346-173 Procedure for Registration.
  (a) A person desiring to have the person's home registered as a family child care home shall make application to the department. Upon receipt...
• 346-174 Informing Parent and Legal Guardian of Children and General Public.
  (a) The department shall maintain a registry of registered family child care homes and make the information in the registry available to the general...
• 346-175 Visitation and Inspection of Family Child Care Home; Revocation of Registration.
  (a) The department shall visit and inspect the premises and operation of a family child care home to determine compliance with the minimum requirements...
• 346-176 Family Child Care System.
  The department shall authorize the establishment and operation of a family child care system under which a sponsoring agency contracts family child care homes...
• 346-177 Program of Incentive for Registration.
  Subject to the limits of legislative appropriations, the department may establish a program to encourage the registration of persons who provide care in private...

D. Miscellaneous Provisions

• 346-181 Preschool Open Doors Program.
  Subpart heading added by revisor pursuant to §23G-15. [§346-181] Preschool open doors program. (a) There is established within the department a school readiness program...

PART IX. WORKFARE--REPEALED

• 346-201 to 346-215 Repealed.
  L 1991, c 313, §1.

PART X. ADULT PROTECTIVE SERVICES

• 346-221 Purpose; Construction.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-222 Definitions.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-223 Jurisdiction; Venue.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-224 Reports.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-225 Confidentiality of Reports.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-226 Access to Records.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-227 Investigation.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-228 Action Upon Investigation.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-229 Right of Entry.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-230 Termination of Services.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-231 Order for Immediate Protection.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-232 Order to Show Cause Hearing.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-233 Petition.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-234 Guardian Ad Litem; Counsel.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-235 Consolidation With Guardianship Proceedings.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-236 Permanent Changes.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-237 Notice of Proceedings.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-238 Service.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-239 Required Findings Concerning Postponed Hearings.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-240 Adjudicatory Hearing.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-241 Disposition.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-242 Review Hearings.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-243 Appeal.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-244 Admissibility of Evidence.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-245 Hearings.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-246 Failure to Comply With Court Orders.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-247 Payment for Service or Treatment Provided to a Party.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-248 Fiscal and Service Responsibility.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-249 Cooperation.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-250 Immunity From Liability.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-251 Presumption of Capacity.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-252 Advanced Age.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...
• 346-253 Rules.
  Part heading amended by L 2008, c 154, §1. Cross References Dependent elder abuse; suits by the State; civil penalties, see §28-94. Maximum fee...

PART XI. FIRST-TO-WORK PROGRAM

• 346-261 First-To-work; Establishment; Purpose.
  Part heading amended by L 2008, c 88, pt of §1. §346-261 First-To-Work; establishment; purpose. There is established a mandatory work program for certain...
• 346-262 to 346-276 Repealed.
  Part heading amended by L 2008, c 88, pt of §1. §§346-262 to 346-276 REPEALED. L 2008, c 88, pt of §1.

PART XII. ADOPTION ASSISTANCE

• 346-301 Adoption Assistance Program Established.
  The department of human services shall maintain an adoption assistance program to facilitate the adoption of children with special needs. [L 1992, c 190,...
• 346-302 Equal Benefits.
  The adoption assistance program referred to in section 346-301 shall provide equal benefits for children regardless of whether federal matching funds for adoption assistance...
• 346-303 Rules.
  The department of human services shall maintain rules describing eligibility criteria for adoption assistance and describing the types, duration, and amounts of adoption assistance...
• 346-304 Eligibility.
  Eligibility for adoption assistance shall not depend upon the amount of income or property of the adoptive family. [L 1992, c 190, pt of
• 346-305 Effect on Prior Adoption Assistance Agreements.
  Nothing in this part shall invalidate any adoption assistance agreement already entered into or benefits previously provided by the department of human services nor...

PART XIII. RX PLUS PROGRAM--REPEALED

• 346-311 to 346-319 Repealed.
  L 2011, c 124, §§52, 56. Note L 2011, c 124, §44 purports to amend §346-311.

PART XIV. HOME AND COMMUNITY-BASED CASE MANAGEMENT
AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES--REPEALED

• 346-331 to 346-336 Repealed.
  L 2012, c 93, §8.

PART XV. State pharmacy assistance program--REPEALED

• 346-341 to 346-347 Repealed.
  L 2011, c 124, §§53, 57. Note L 2011, c 124, §45 purports to amend §346-344.

Part XVI. MEDICAID PREAUTHORIZATION EXEMPTION

• 346-351 Findings.
  The legislature finds that: (1) Patients who are medicaid recipients and who suffer from the human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C,...
• 346-352 Preauthorization Exemption for Certain Physicians and Physician Assistants
  . Any physician or physician assistant licensed in this State who treats a medicaid recipient patient suffering from the human immunodeficiency virus, acquired immune deficiency...

PART XVII. HOMELESS PROGRAMS

• 346-361 Definitions.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-362 Duties.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-363 Exception to Liability for Donors.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-364 Contract or Conveyance to the Department.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-365 Program Administration.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-366 Time Limits.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-367 Determination of Eligibility and Need.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-368 Abuse of Assistance.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-369 Exemptions.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-370 Emergency or Transitional Shelter Volunteers.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-371 Annual Performance Audits.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-372 Provider Agency and Donor Cooperation are Not in Restraint of Trade.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-373 Construction of Part.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-374 Homeless Shelter Stipends.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-375 Temporary Emergency Shelter.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-376 Additional Powers.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-377 Housing First Special Fund.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...
• 346-378 Housing First Programs.
  Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17; L 2014, c 134, §7. Return-to-home pilot program for...

PART XVIII. HAWAII INTERAGENCY COUNCIL ON HOMELESSNESS

• 346-381 Hawaii Interagency Council on Homelessness; Establishment.
  Establishment of designated safe facilities for overnight stays. L 2012, c 105, §4. [§346-381] Hawaii interagency council on homelessness; establishment. (a) There is established...
• 346-382 Membership.
  Establishment of designated safe facilities for overnight stays. L 2012, c 105, §4. §346-382 Membership. (a) The Hawaii interagency council on homelessness shall be...
• 346-383 Meetings; Quorum.
  Establishment of designated safe facilities for overnight stays. L 2012, c 105, §4. [§346-383] Meetings; quorum. (a) The Hawaii interagency council on homelessness shall...

PART XIX. YOUNG ADULT VOLUNTARY FOSTER CARE PROGRAM

• 346-391 Purpose.
  The purpose of this part is to establish the young adult voluntary foster care program, to care for and assist eligible foster youth until...
• 346-392 Definitions.
  As used in this part, unless the context clearly indicates otherwise: "Case plan" means a plan developed by the department, in consultation with the...
• 346-393 Rights of the Young Adult.
  (a) Young adults have a right to meaningful court reviews, including the right to: (1) Receive notice of any court hearings and reviews and...
• 346-394 Jurisdiction.
  The family courts established pursuant to chapter 571 shall have exclusive jurisdiction over proceedings brought under this part. [L 2013, c 252, pt of
• 346-395 Eligibility.
  A young adult may continue to receive services under this part if the young adult meets the following criteria: (1) The young adult was:...
• 346-396 Voluntary Care Agreement.
  If a young adult is no longer under jurisdiction pursuant to chapter 587A but chooses to participate in the young adult voluntary foster care...
• 346-397 Provision of Extended Foster Care Services.
  As soon as the department determines that a young adult is eligible under section 346-395 and the young adult signs the voluntary care agreement...
• 346-398 Petition; Venue.
  (a) Within thirty days after the voluntary care agreement is signed, the department shall file with the court in the county where the young...
• 346-399 Notice of Hearings and Reviews.
  Notice of hearings and reviews shall be provided to the parties; provided that no further notice is required for any party who was given...
• 346-400 Case Plan; Reports to Be Submitted by the Department.
  (a) A case plan shall: (1) Establish goals for the young adult, including those pertaining to education; health; therapy; counseling; a relationship with the...
• 346-401 Court Proceedings.
  (a) The court shall conduct all proceedings under this part without a jury. (b) The general public shall be excluded from these proceedings. Only...
• 346-402 Court-Appointed Attorneys.
  The court may appoint an attorney sua sponte or at the request of any party to represent a young adult who is eligible under...
• 346-403 Periodic Review.
  (a) Periodic judicial reviews shall occur not less than once every one hundred eighty days after the signing of the voluntary care agreement and...
• 346-404 Termination of Jurisdiction.
  Jurisdiction under this part shall terminate when: (1) The young adult has reached the age of twenty-one years; (2) The young adult chooses to...
• 346-405 Reestablishing Jurisdiction.
  A young adult who was previously under the jurisdiction of the court under this part and who was terminated from the young adult voluntary...
• 346-406 Liability of the Department.
  The department or any of its employees who provide services under this part shall not be liable to a third person: (1) For any...
• 346-407 Reporting Requirement.
  The department shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on...

Last modified: October 27, 2016