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 harm"
as defined in section 587-2.



"Adoption assistance" means the
provision of one or more of the following to enable the adoption of children
with special needs:



(1)  Monetary assistance;



(2)  Medical benefits; or



(3)  Social services.



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



"Assistance allowance" means a single
monthly public assistance grant, including funds received from the federal
government, expressed in a dollar amount per recipient or per recipient family
to be provided a recipient or recipient family for all usual recurring living
and shelter expenses, including rent or mortgage payment and utilities, and
excluding medical care.



"Child welfare services" means:



(1)  All services necessary for the protection and
care of abused or neglected children and children in danger of becoming
delinquent; and



(2)  All services necessary for the adoption of
children.



"Child with special needs" means a
child:



(1)  Who is legally free for adoption;



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



(3)  Who may not be adopted without adoption
assistance because one or more specific factors or special circumstances
identified by the department of human services in its rules are applicable to
the child; and



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



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



"Department" means the department of
human services.



"Director" means the director of
human services.



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



"Financial assistance" means public
assistance, 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 those
public and private assistance and social service programs designed to provide
the basic necessities of life:  food, clothing, shelter, and medical care.



"Medical assistance" means payment
for medical care or personal care services, including funds received from the
federal government.



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



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



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



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



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



(3)  A non-needy caretaker; or



(4)  A recipient of Supplemental Security Income or
Social Security Disability Insurance under Title 42 United States Code Sections
1381-1383.



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



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



(2)  A domestic violence victim or any other adult in
the 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 public
or private institution, agency or business concern authorized by the department
to provide health care, service or supplies to beneficiaries of medical
assistance.



"Public assistance" means financial
assistance to or for the benefit of persons whom the department has determined
to be without sufficient means of support to maintain a standard consistent
with 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 for
whose use and benefit services are rendered or a grant of public assistance is
made.



"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 drug
abusers, mentally ill, or socially or emotionally distressed persons.  It shall
not be considered a domiciliary care facility.



"Social services" means crisis
intervention, counseling, case management, and support activities such as day
care and chore services provided by the department staff, by purchase of
service, or by cooperative agreement with other agencies to persons meeting
specified eligibility requirements.



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



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



(2)  A non-recipient parent,



who is not a non-work eligible individual or an
other work eligible individual. [L 1941, c 296, pt of §1; RL 1945, §4821; am L
1951, 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; am
L 1979, c 52, §2; am L 1980, c 120, §1, c 121, §1, c 227, §1, and c 276, §3; am
L 1982, c 54, §3; am L 1983, c 213, §2 and c 297, §1; am L 1985, c 225, §1 and
c 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]