Hawaii Administrative Code

(a) After receiving a permit to disinter from the state registrar, the mortuary, mortuary authority, cemetery, or cemetery authority that submitted the application for disinterment on behalf of an applicant shall determine that the disposition of the remains is consistent with th…

(a) Any person who exposes, disturbs, or removes any remains from a place of burial without a disinterment permit is subject to a fine of not more than $100, or such higher amount as is authorized by law; provided that an inadvertent exposure, disturbance, or removal of remains i…

(a) An application for the disinterment of remains of unknown or unidentified armed forces members is subject to the requirements of this chapter, unless otherwise provided in this section, and shall be made by the United States Department of Defense. (b) The United States Depart…

(a) If an applicant seeks to disinter one or more sets of unidentified remains that are known to be or are discovered to be in a known place of burial, the applicant shall contact the department of land and natural resources for a determination of whether the remains are under th…

(a) This chapter shall not apply where a court in the circuit where the remains are located has issued an order allowing for the disinterment of remains. (b) The department may issue a disinterment permit retroactively in the case of extenuating circumstances, such as a natural d…

(a) Subject to section 11-118-3, a disinterment permit is required for the disinterment or disturbance of remains from a place of burial for all purposes, including: (1) Removing or disturbing and reinterring the same remains in the same location; (2) Interring additional remains…

(a) The state registrar shall not issue a disinterment permit for remains that appear to be over fifty years old which are discovered or are known to be buried at any place of burial other than a known, maintained, actively used cemetery unless the applicant for the disinterment …

(a) Individuals eligible to apply for a disinterment permit include: (1) A survivor of the decedent in the following priority order: (A) Spouse or reciprocal beneficiary; (B) Child eighteen years of age or older, or if more than one child, a majority of the children eighteen year…

(a) An applicant for a disinterment permit shall use the services of a mortuary or cemetery to submit an application for a disinterment permit to the state registrar on a form and in a manner approved by the state registrar. An owner of a family burial plot is not considered a ce…

(a) Approval to use the electronic disinterment application and permit system shall be granted to a mortuary, mortuary authority, cemetery, or cemetery authority that: (1) Applies to use the electronic disinterment application and permit system on a form and in a manner approved …

(a) An application for a disinterment permit shall include the following information, if known. If it is unknown, indicate "Unknown" or give the best approximation on the application.(1) Decedent's full name; (2) Date of death; (3) Place of death; (4) Decedent's date of birth or …

(a) Upon the electronic submission of an application for a disinterment permit to the department, the department may approve or deny the application. Approval is subject to the following:(1) The remains shall be under the department's jurisdiction pursuant to sections 11-118-2 an…

(a) The state registrar shall deny a disinterment permit when: (1) An applicant submits a substantially incomplete application; (2) An applicant is not eligible to apply for a disinterment permit; (3) The remains are under the jurisdiction of the department of land and natural re…

The purpose of this chapter is to establish instructions and procedures for filing of a Hawaii adopted in Hawaii. Notes Haw. Code R. § 11-120-1 [Eff. FEB 19 1981] (Auth: HRS Secs. 321-9, 338-2) (Imp: HRS Sec. 338-20.5)

(a) An application by a legal parent or an adult adoptee shall be filed with the state registrar of vital statistics before a new certificate of birth entitled a "Hawaii Certificate of Foreign Birth" is issued. (b) Application forms shall be provided by the department of health. …

(a) The applicant shall provide the following information: (1) Full name at birth or prior to the adoption; (2) Sex; (3) Color or race; (4) Date of birth (if unknown, this shall be approximated); (5) Place of birth (true or probable country of birth); (6) New name as set forth in…

Upon submission of the application as provided herein, the registrar shall prepare and file the Hawaii certificate of foreign birth that shall contain the following information: (1) Information about the adopted person: (A) Full name as set forth in the adoption decree; (B) Sex; …

The purpose of this chapter is to establish procedures for adoptive parents to have the names of the natural parents shown on a supplementary birth certificate. Notes Haw. Code R. § 11-123-1 [Eff. FEB 19 1981] (Auth: Secs. 321-9, 338-2) (Imp: HRS Secs. 338-20, 578-14)

As used in this chapter, unless the context otherwise requires: "Original birth certificate" means the first birth certificate prepared and filed for the adopted person at birth or before the adoption. "Supplementary birth certificate" means a new birth certificate prepared by th…

(a) An application by the adoptive parents shall be filed with the department of health before names of natural parents are added to a supplementary birth certificate. (b) Application forms shall be provided by the department of health. Notes Haw. Code R. § 11-123-3 [Eff. FEB 19 …

The applicants shall provide the following: (1) A certified copy of an adoption decree or certificate of adoption; (2) An affidavit signed by the adoptive parents requesting that the names of the natural parents be shown on the supplementary birth certificate; (3) An affidavit si…

(a) The purpose of this chapter is to establish the required components of the statewide, coordinated, multidisciplinary, and interagency System of early Intervention Services that meet the needs of infants and toddlers with special needs. The program components include Surrogate…

(a) The administrative complaint resolution process may be used when any individual or Organization, including an individual or Organization from another State, believes that the department or an early Intervention provider has violated a requirement under Part C of the Act. (b) …

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid Provision or application, and to this end the pr…

(a) A due process hearing is available for the timely resolution of an individual child complaint by parents regarding the identification, evaluation, or placement of a child, or the Provision of early Intervention Services to the child with delayed development or at biological r…

Notes Haw. Code R. §§ 11-140-12 to 11-140-99

As used in this chapter: "Assessment" means the ongoing procedures used by appropriate and qualified personnel throughout the period of the child' s eligibility to identify the child' s unique strengths and needs and the Services appropriate to meet those needs; the resources, pr…

(a) A designee of the department, in consultation with the department that has been assigned care of the child, shall assign an individual to act as a Surrogate for the parent to ensure that the rights of eligible children are protected when it is determined that: (1) No parent c…

(a) A child under the age of three years with delayed development or at biological risk as set forth in this section shall be eligible for early Intervention Services. (b) A child has delayed development when a significant delay is identified in one or more of the following areas…

(a) The multidisciplinary team shall determine whether the child is eligible for early Intervention Services due to delayed development or biological risk, consistent with section 11-140-4. (b) Written parental consent, consistent with section 11-140-8(d), shall be obtained by th…

(a) A written individual family support plan shall be developed for all Part C eligible children and their families by a multidisciplinary team that includes the parent. (b) The individual family support plan shall include each of the following components: (1) A Statement of the …

(a) The department shall support the smooth transition of children under age three and their families from receiving early Intervention Services to: (1) Preschool or other appropriate Services for children age three with delayed development (such as Head Start Programs); (2) Othe…

(a) The department shall ensure the effective Implementation of procedural safeguards by each early Intervention Provider that is involved in the provision of early Intervention Services. (b) Procedural safeguards shall be developed and implemented to protect the confidentiality …

(a) Mediation is available to allow parties to resolve disputes regarding eligibility, evaluation, placement, or provision of early Intervention Services prior to the filing of an administrative complaint or due process hearing request. (b) A parent seeking mediation shall submit…

The purpose of this chapter is to establish requirements to assure the testing for and detection of specified metabolic and other diseases in all infants born in the State in order to permit the institution of effective treatment for affected infants. Notes Haw. Code R. § 11-143-…

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this and the p…

The penalty for noncompliance with this chapter shall include an administrative fine as specified in section 321-20, HRS. Notes Haw. Code R. § 11-143-11 [Eff 1/2.4/87; am and comp 6/19/97; comp 11/20/03; am and comp JAN 22 2009] (Auth: HRS §§ 321-20, 321-291) (Imp: HRS §§ 321-20,…

All information, including records, correspondence, and documents, specific to individual newborns, shall be confidential and shall be used solely for the purposes of medical intervention, counseling, scientific research, or reporting. The infant's name shall be kept confidential…

All information, including records, correspondence, documents, and related data, specific to individual newborns, shall be retained as specified in section 622-58, HRS. Notes Haw. Code R. § 11-143-13 [Eff and comp 6/19/97; am and comp 11/20/03; am and comp JAN 22 2009] (Auth: HRS…

Notes Haw. Code R. §§ 11-143-14 to 11-43-99

This chapter applies to all infants born in the State of Hawaii, to all physicians caring for newborn infants, to all persons assisting the birth of a child not attended by a physician, to all licensed laboratories and perinatal health care facilities in the State, and to the des…

As used in this chapter: "Acceptable specimen" means a specimen on which an accurate laboratory analysis can be performed for the disease for which it was submitted. "Amino acid disorders" means a group of hereditary disorders caused by enzymatic defects, which result in a toxic …

All infants born in the State shall be satisfactorily tested for amino acid disorders, biotinidase deficiency, congenital adrenal hyperplasia, congenital hypothyroidism, cystic fibrosis, fatty acid oxidation disorders, galactosemia, hemoglobinopathies, maple syrup urine disease, …

(a) The newborn's attending physician or birth attendant and the hospital administrator shall be jointly responsible for assuring that each infant born or transferred to their care is satisfactorily tested as specified in section 11-143-4. (b) Each hospital shall have written pol…

(a) All personnel responsible for collecting newborn screening specimens shall have read and become familiar with the department's Newborn Screening Practitioner's Manual or have participated in a training program, or both. (b) Personnel collecting newborn screening specimens sha…

(a) The department of health shall make copies of the parent information brochure available to parents, guardians, other persons having custody or control of the child, hospitals, physicians, birth attendants, birth registrars, nurses, and childbirth educators. (b) The parent, gu…

(a) For births occurring outside of a hospital, the birth attendant shall be responsible for assuring that an acceptable specimen is properly collected for testing as provided in section 11-143-6. (b) For unattended, home, and non-institutional births, the department's birth regi…