§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 receiving six or more minor children for care and maintenance, not of common
parents, apart from their parents or guardians on a twenty-four hour basis for
monetary payment.  This term shall not apply to any boarding school which is
essentially and primarily engaged in educational work.



"Child placing organization" means
any person, agency, or organization, except family courts and the department of
human services, engaged in the investigation, placement, and supervision of
children in foster care.



"Former foster youth" means a person
formerly placed under the jurisdiction of the department as a foster child by
the family court pursuant to chapter 587 who has attained the age of eighteen while
under the placement responsibility of the department or who was under the
placement responsibility of the department when a legally responsible caregiver
was granted custody.



"Foster boarding home" means any
boarding home in which:



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



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



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



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



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



(b)  None of the facilities defined in
subsection (a) shall be considered a special treatment facility in the sense of
section 321-11(10) unless clinical treatment of mental, emotional or physical
disease or handicap is a part of the routine program or constitutes the main
purpose of the facility. [L 1941, c 296, pt of §1; RL 1945, pt of §4830; am L
1949, 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 L
1970, c 105, §5; am L 1980, c 303, §9(1); am L 1981, c 84, §2; am L 1985, c
209, §1; am L 1986, c 297, §1; am L 1987, c 339, §4; am L 1989, c 394, §2; am L
1999, 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]