PART I. GENERAL AND ADMINISTRATIVE PROVISIONS

 

§346-1  Definitions.  Unless the contextclearly requires a different meaning, when used in this chapter:

"Abused or neglected" means subjectedto "harm", "imminent harm", or "threatened harm"as defined in section 587-2.

"Adoption assistance" means theprovision of one or more of the following to enable the adoption of childrenwith special needs:

(1)  Monetary assistance;

(2)  Medical benefits; or

(3)  Social services.

"Applicant" means the person for whoseuse and benefit application for services or public assistance is made.

"Assistance allowance" means a singlemonthly public assistance grant, including funds received from the federalgovernment, expressed in a dollar amount per recipient or per recipient familyto be provided a recipient or recipient family for all usual recurring livingand shelter expenses, including rent or mortgage payment and utilities, andexcluding medical care.

"Child welfare services" means:

(1)  All services necessary for the protection andcare of abused or neglected children and children in danger of becomingdelinquent; and

(2)  All services necessary for the adoption ofchildren.

"Child with special needs" means achild:

(1)  Who is legally free for adoption;

(2)  Whose adoption is in his or her best interests;

(3)  Who may not be adopted without adoptionassistance because one or more specific factors or special circumstancesidentified by the department of human services in its rules are applicable tothe child; and

(4)  For whom a reasonable, but unsuccessful efforthas been made to find a suitable adoptive placement without providing adoptionassistance, except, where it would not be in the child's best interests.

"Critical access hospital" means ahospital located in the State that is included in Hawaii's rural health planapproved by the federal Health Care Financing Administration and approved as acritical access hospital by the department of health as provided in Hawaii'srural health plan and as defined in 42 U.S.C. Section 1395i-4.

"Department" means the department ofhuman services.

"Director" means the director ofhuman services.

"Domiciliary care" means theprovision of twenty-four-hour living accommodations and personal care servicesand appropriate medical care, as needed, to adults unable to care forthemselves by persons unrelated to the recipient in private residences or otherfacilities.  "Domiciliary care" does not include the provision ofrehabilitative treatment services provided by special treatment facilities.

"Financial assistance" means publicassistance, except for payments for medical care, social service payments,transportation assistance, and emergency assistance under section 346-65,including funds received from the federal government.

"Hawaii security net" means thosepublic and private assistance and social service programs designed to providethe basic necessities of life:  food, clothing, shelter, and medical care.

"Medical assistance" means paymentfor medical care or personal care services, including funds received from thefederal government.

"Medical care" means all kinds ofmedical care, psychiatric care, dental care, and maternity care, includingsurgical care, hospital care, eye care (which includes optical appliances),materials, supplies, and all other appliances used in the care, treatment andrehabilitation of patients, and hospitalization.

"Minor dependents" means dependentsliving in the home of a specified adult, as defined by rules, in which theadult is the primary caretaker and the dependent is under eighteen or ifbetween eighteen and nineteen, enrolled full-time in a program of secondary orequivalent level vocational or technical school, and is expected to completethe program before reaching age nineteen.

"Non-work eligible household" means ahousehold in which each adult member is receiving assistance under thetemporary assistance for needy families program, or is a non-recipient parent,who is:

(1)  A parent of a household member who provides carefor a disabled family member living in the home; provided that the need forsuch care is supported by medical documentation.  Only one parent in ahousehold may claim this status;

(2)  A single custodial parent personally providingcare for the parent's child under twelve months of age for a lifetime limit oftwelve months;

(3)  A non-needy caretaker; or

(4)  A recipient of Supplemental Security Income orSocial Security Disability Insurance under Title 42 United States Code Sections1381-1383.

"Other work eligible household" meansa household in which there is no work eligible individual and at least oneadult member is an adult receiving assistance under the temporaryassistance for needy families program, or a non-recipient parent, who is:

(1)  Unable to engage in full-time employment asdefined by the work participation requirements of the Social Security Act,Title 42 United States Code Section 607, at a job for which the non-recipientparent is equipped by education, training, or experience, for a period of morethan thirty days from the onset of an illness, incapacity, or disability due toa physical or mental impairment or substance abuse, as determined by a licensedphysician or psychologist;

(2)  A domestic violence victim or any other adult inthe assistance unit who meets the criteria established by the department; or

(3)  An adult sixty-five years of age or older.

"Provider" means any person or publicor private institution, agency or business concern authorized by the departmentto provide health care, service or supplies to beneficiaries of medicalassistance.

"Public assistance" means financialassistance to or for the benefit of persons whom the department has determinedto be without sufficient means of support to maintain a standard consistentwith this chapter, payments to or on behalf of such persons for medical care,and social service payments as described under the Social Security Act.

"Recipient" means the person forwhose use and benefit services are rendered or a grant of public assistance ismade.

"Residential treatment facility"means a facility which provides twenty-four-hour living accommodations,treatment, and rehabilitation to two or more persons who are alcohol or drugabusers, mentally ill, or socially or emotionally distressed persons.  It shallnot be considered a domiciliary care facility.

"Social services" means crisisintervention, counseling, case management, and support activities such as daycare and chore services provided by the department staff, by purchase ofservice, or by cooperative agreement with other agencies to persons meetingspecified eligibility requirements.

"Work eligible household" means ahousehold in which at least one member is:

(1)  An adult receiving assistance under the temporaryassistance for needy families program; or

(2)  A non-recipient parent,

who is not a non-work eligible individual or another work eligible individual. [L 1941, c 296, pt of §1; RL 1945, §4821; am L1951, c 125, §1; am L 1953, c 153, §1; RL 1955, §108-1; am L Sp 1959 2d, c 1,§20; am L 1961, c 128, §5; HRS §346-1; am L 1970, c 105, §5; am L 1971, c 135,§2; am L 1975, c 145, §1(1); am L 1978, c 105, §1, c 107, §1, and c 110, §2; amL 1979, c 52, §2; am L 1980, c 120, §1, c 121, §1, c 227, §1, and c 276, §3; amL 1982, c 54, §3; am L 1983, c 213, §2 and c 297, §1; am L 1985, c 225, §1 andc 272, §7; gen ch 1985; am L 1986, c 160, §3; am L 1987, c 339, §4; am L 1988,c 327, §1; am L 1992, c 190, §2; am L 1996, c 300, §§2, 6; am L 1997, c 200,§§1, 2, 9, 11; am L 1998, c 92, §1 and c 127, §§4, 5; am L 2000, c 226, §§2, 9;am L 2004, c 148, §2; am L 2009, c 101, §1]