§346-16  Definitions.  (a)  As used inthis chapter:

"Child caring institution" means anyinstitution other than an institution of the State, maintained for the purposeof receiving six or more minor children for care and maintenance, not of commonparents, apart from their parents or guardians on a twenty-four hour basis formonetary payment.  This term shall not apply to any boarding school which isessentially and primarily engaged in educational work.

"Child placing organization" meansany person, agency, or organization, except family courts and the department ofhuman services, engaged in the investigation, placement, and supervision ofchildren in foster care.

"Former foster youth" means a personformerly placed under the jurisdiction of the department as a foster child bythe family court pursuant to chapter 587 who has attained the age of eighteen whileunder the placement responsibility of the department or who was under theplacement responsibility of the department when a legally responsible caregiverwas granted custody.

"Foster boarding home" means anyboarding home in which:

(1)  One or more, but fewer than six, minor childrenare received; and

(2)  Six or more minor siblings are placed together inthe best interests of the children,

for care and maintenance apart from their parents orguardians on a twenty-four hour basis for fee or charge.

"Institution of higher education"means any institution normally requiring a high school diploma or equivalencycertificate for enrollment, including but not limited to colleges,universities, and vocational or technical schools.

"Prospective adoptive parents" meansa person, or persons who are married to each other, applying with thedepartment to adopt a child or children.

(b)  None of the facilities defined insubsection (a) shall be considered a special treatment facility in the sense ofsection 321-11(10) unless clinical treatment of mental, emotional or physicaldisease or handicap is a part of the routine program or constitutes the mainpurpose of the facility. [L 1941, c 296, pt of §1; RL 1945, pt of §4830; am L1949, c 353, pt of §1; am L 1953, c 153, pt of §5 and c 191, pt of §1; RL 1955,§108-10; am L Sp 1959 2d, c 1, §20; am L 1965, c 232, §1; HRS §346-16; am L1970, c 105, §5; am L 1980, c 303, §9(1); am L 1981, c 84, §2; am L 1985, c209, §1; am L 1986, c 297, §1; am L 1987, c 339, §4; am L 1989, c 394, §2; am L1999, c 152, §1; am L 2000, c 108, §2; am L 2001, c 80, §1; am L 2003, c 95,§9(1); am L 2008, c 198, §1]