Chapter 346 — Chapter 346

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 [587A-4]. "Adoption a…

§346-1.7 REPEALED. L 2012, c 178, §7.

§346-10 Protection of records; divulging confidential information prohibited. (a) The department and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records concerning any applicant or recipient shall be confiden…

[PART V.] PUBLIC SERVICE EMPLOYMENT §346-101 Findings and purpose. The legislature finds that: The purpose of this part is to establish public service employment to assist in alleviating the unemployment of general assistance recipients as well as meeting some of the urgent publi…

§346-102 Public service employment; established. (a) The department of human services shall be responsible for providing employment on public works projects as defined in section 346-71, for persons: Public assistance recipients participating in public service employment shall be…

§346-103 Wages or salaries of public service employment. Any person in occupations of public service employment shall receive the prevailing rate of compensation for persons employed in similar public employment. If no prevailing rate exists, the director of human services shall …

§346-11 Unauthorized disclosure or inspection. Any person, including any person acquiring information through inspection permitted the person or another under section 346-10, who, knowing the information to have been acquired from the confidential records or files of the departme…

§346-12 Hearing. An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by the part…

PART VI. LICENSURE OF INDEPENDENT GROUP RESIDENCES--REPEALED §§346-121 to 346-124 REPEALED. L 1985, c 272, §12.

§346-13 Attendance and testimony of witnesses. (a) In all hearings or investigations conducted by or initiated at the request of the director of human services or the director's designated subordinate with respect to all matters reasonably related to department functions and prog…

§346-14 Duties generally. Except as otherwise provided by law, the department of human services shall:

§346-15 Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed dead human bodies. (a) Where the decedent was a medical assistance or financial assistance recipient at the time of death and is ineligible for the Social Security Administ…

PART VIII. CHILD CARE A. General §346-151 Definitions. For the purposes of this part: "Care" refers to those situations where a person or organization has agreed to assume and has been entrusted with the responsibility for the child's supervision, development, safety, and protect…

§346-152 Exclusions; exemptions. (a) Nothing in this part shall be construed to include: (b) Staff members of programs taught solely in Hawaiian that promote fluency in the Hawaiian language shall be exempt from any rules requiring academic training or certification. (c) Minimum …

§346-152.3 Investigations. (a) Upon receiving a report that a person or child care facility may be caring for children in violation of this part, the department may conduct an investigation for the purpose of determining whether a violation of this part has occurred or is occurri…

§346-153 Records of deficiencies and complaints; release to public. (a) For every child care facility, the department shall maintain records for the current and previous two years of: results of its inspections; notifications to providers of deficiencies; corrective action taken;…

§346-154 Background checks. (a) The department shall develop standards to ensure the reputable and responsible character of an applicant to operate a child care facility, prospective employees of the applicant, household members, and new employees or household members of the prov…

§346-156 Penalty; remedies. (a) Any person, entity, agency, or organization violating any provision of this part or any rule made pursuant thereto shall be fined up to $1,000 for each day of violation; provided that the fine may be up to $3,000 for each day for a violation of sec…

§346-157 Liability insurance coverage; requirement. (a) For the purpose of this section, "liability insurance coverage" means a general casualty insurance policy issued to a provider insuring against legal liability for injury resulting from negligence to a child during the time …

§346-159 REPEALED. L 2016, c 42, §3.

§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 …

B. Group Child Care Home and Group Child Care Center Licensure §346-161 License for group child care home, group child care center required. No person shall operate, maintain, or conduct a group child care home or group child care center unless licensed to do so by the department…

§346-162 Rules; minimum standards. The department of human services, after consultation with the department of health, the department of education, and the fire chiefs of the respective counties, shall make, prescribe, and publish such rules as are deemed necessary to protect the…

§346-163 Licenses and temporary permits. (a) If satisfied that the applicant meets the minimum standards established pursuant to section 346-162 and subject to the criminal history record checks and child abuse record checks of section 346-154, the department shall grant the appl…

§346-164 Suspension and revocation of licenses and permits; reissuance. Any license or temporary permit issued under this subpart may be suspended or revoked by the department of human services after due notice and hearing, the provisions for which shall be made in the rules. How…

§346-165 Visitation and inspection of group child care home, group child care center. The department of human services shall visit and inspect each group child care home and group child care center as frequently as it deems necessary for the proper operation, sanitation, and safe…

§346-166 Records. Every group child care home and group child care center shall keep such records and shall file with the department of human services such reports as required by rules adopted by the department. All records and all information obtained concerning children or thei…

§346-17 Child placing organizations, child caring institutions, and resource family homes; authority over, investigation of, and standards for. (a) No child placing organization shall engage in the investigation, placement, and supervision of minor children in foster care unless …

§346-17.4 Higher education stipends for students. (a) An eligible former foster youth shall be eligible for a higher education stipend after reaching the age of majority, and the higher education stipend for that former foster youth shall be paid to an intermediary contracted by …

§346-17.6 Consent to no cost emergency shelter and related services. (a) A provider may provide no cost emergency shelter and related services to a consenting minor if the provider reasonably believes that: and the provider has conducted an assessment and determined that the mino…

C. Family Child Care Home Registration §346-171 Registration for family child care home required. No person shall operate or maintain a family child care home unless registered to do so by the department of human services under this subpart. The registration shall be valid for: u…

§346-173 Procedure for registration. (a) A person desiring to have the person's home registered as a family child care home shall make application to the department. Upon receipt of the application, the department shall conduct a study of the applicant's qualifications, home, and…

§§346-18 to 346-19.5 REPEALED. L 1985, c 208, §4.

[D. Miscellaneous Provisions] §346-181 Preschool open doors program. (a) There is established within the department's child care assistance program a preschool open doors program. The program is intended to support families in accessing early learning services for young children.…

§346-184 REPEALED. L 2025, c 203, §4.

§346-186 Prior early learning program information. (a) The department shall establish or augment an existing database to collect and analyze information it receives from the department of education pursuant to sections 302A-1165 and 302A-1166 and the state public charter school c…

§346-188 Child care accreditation program; established. (a) The department shall establish and implement a child care accreditation program. (b) The department shall develop standards, policies, and procedures for the administration of the child care accreditation program, which …

§346-19.6 REPEALED. L 2003, c 95, §9(3).

§346-19.7 Prospective adoptive parents; standards and home studies. (a) The department shall develop standards to ensure the reputable and responsible character of prospective adoptive parents as defined in this chapter. (b) The department shall develop procedures for obtaining v…

§346-2 Appointment of personnel. The director of human services shall appoint such personnel in conformity with law as the director deems necessary. All employees of the department of human services shall be appointed subject to any civil service law relating to state employees; …

§346-2.5 Background checks. (a) The department shall develop procedures for obtaining verifiable information regarding the criminal history of any person who is employed or seeking employment, including a contractor and its employees or subcontractor and its employees if prior au…

§§346-20 to 346-25 REPEALED. L 1985, c 208, §4.

PART IX. WORKFARE--REPEALED §§346-201 to 346-215 REPEALED. L 1991, c 313, §1.

PART X. ADULT PROTECTIVE SERVICES §346-221 Purpose; construction. The legislature recognizes that citizens of the State who are vulnerable to abuse constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exp…

§346-222 Definitions. For the purposes of this part: "Abuse" means any of the following, separately or in combination: each as further defined in this chapter. Abuse does not include, and a determination of abuse shall not be based solely on, physical, psychological, or financial…

§346-225 Confidentiality of reports. A report made pursuant to this part, including the identity of the reporting person and all records of the report, shall be confidential and any person who makes an unauthorized disclosure of a report or records of a report shall be guilty of …

§346-226 Access to records. Records of a vulnerable adult shall be obtained by the department or the vulnerable adult's court-appointed guardian ad litem with the written consent of the vulnerable adult or the vulnerable adult's representative, or by court order. Any person who r…

§346-227 Investigation. Upon receiving a report that abuse of a vulnerable adult has occurred or is in danger of occurring if immediate action is not taken, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriat…

§346-229 Right of entry. (a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with th…

§346-230 Termination of services. (a) The department shall act only with the consent of the vulnerable adult, unless the department obtains court authorization to provide necessary services, as provided in section 346-231. Investigation and services provided under this part shall…