Chapter 346 — Chapter 346

§346-231 Order for immediate protection. (a) If the department believes that a person is a vulnerable adult and it appears probable that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the …

§346-233 Petition. (a) A petition invoking the jurisdiction of the court under this part shall be entitled "In the matter of the protection of ," and shall be verified. (b) The petition shall set forth with specificity the:

§346-234 Guardian ad litem; counsel. (a) In any case where the court has reason to believe that a vulnerable adult or any other party lacks the capacity to effectively make decisions concerning the party's person, it may appoint a guardian ad litem to represent the interests of t…

§346-235 Consolidation with guardianship proceedings. A proceeding for the appointment of a guardian or conservator under article V of chapter 560 may be consolidated with the proceedings under this part as the applicable circuit court and the family court, in the exercise of the…

§346-236 Permanent changes. Permanent changes in the living situation of a vulnerable adult who has incurred abuse shall not ordinarily be made under authority of this part. If permanent changes in the living situation or nonemergency medical treatment are necessary, the appropri…

§346-237 Notice of proceedings. (a) After a petition has been filed, the matter shall be set for hearing and a notice of hearing shall be issued to all parties to the proceeding. The parties to the proceeding shall include: (b) Where the name or whereabouts of a potential party i…

§346-238 Service. (a) Service of the notice shall be made by delivery of a copy thereof together with a certified copy of the petition to each person or entity to be given notice either by personal service, by certified mail, return receipt requested and addressed to the last kno…

§346-239 Required findings concerning postponed hearings. Except as otherwise provided, no hearing shall be delayed upon the grounds that a party other than the vulnerable adult is not present at the hearing or has not been served with a copy of the order for immediate protection…

§346-240 Adjudicatory hearing. (a) When a petition has been filed, the court shall set a return date hearing to be held within thirty days of the filing of the petition. On the return date, the parties personally or through counsel may stipulate to the entry or continuance of the…

§346-241 Disposition. (a) The department shall prepare a proposed protective order and a written protective services plan and submit copies to the court and each of the parties or their counsel at least seven days prior to the disposition hearing. (b) The proposed protective orde…

§346-244 Admissibility of evidence. The physician-patient privilege, the psychologist-client privilege, the spousal privilege, and the victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report pursuant to this part. …

§346-247 Payment for service or treatment provided to a party. Whenever service, treatment, care, or support of a vulnerable adult is provided under this part, the persons or legal entities who may be legally obligated to pay for the service, treatment, care, or support of the vu…

§346-249 Cooperation. Every public official or department shall render all assistance and cooperation within the official's or department's power and that may further the purpose and objectives of this part. The department and the court may seek the cooperation of organizations w…

§346-26 Prevention and treatment of conditions giving rise to need. The department of human services may carry on or administer or cooperate with other public or private agencies in work or activities for the purpose of preventing or treating conditions giving rise to the need fo…

PART XI. FIRST-TO-WORK PROGRAM §346-261 First-To-Work; establishment; purpose. (a) There is established a mandatory work program for certain applicants and recipients of temporary assistance for needy families and temporary assistance for other needy families consistent with fede…

§§346-262 to 346-276 REPEALED. L 2008, c 88, pt of §1.

§346-27 REPEALED. L 1969, c 173, §1.

§346-28 REPEALED. L 1976, c 73, §1.

§346-29 Applications for public assistance; manner, form, conditions. (a) Applications for public assistance under this chapter shall be made by the applicant, or by someone acting in the applicant's behalf, in the manner, place, and form prescribed by the department. (b) No appl…

§346-29.5 Real property liens. (a) The department of human services may require of any person applying for or currently receiving assistance under the department's programs, including but not limited to social service payments, financial assistance, medical assistance, and food s…

§346-3 Compensation of employees. The compensation of all personnel in the department of human services shall be fixed by the director of human services pursuant to any applicable classification law. [L 1941, c 296, §1(4); RL 1945, §4804; am L 1951, c 264, §2; RL 1955, §107-4; HR…

§346-30 Relief limited. During the continuance of public assistance under this chapter, no recipient shall receive any other public assistance from the State or any county, except for necessary medical, dental, and surgical care, or in such amounts as are necessary to supplement …

§346-31 Assignment of persons in need of public assistance to work on public projects. The department of human services as far as permissible under the then existing federal laws, may assign persons in need of public assistance to work on state, county, or other public projects w…

PART XIII. RX PLUS PROGRAM--REPEALED §§346-311 to 346-319 REPEALED. L 2011, c 124, §§52, 56.

§346-32 Application of chapter 386 to persons in need of public assistance assigned to work projects. Chapter 386 shall apply to recipients of public assistance assigned to work on public projects pursuant to section 346-31, who shall be deemed employees for the purposes of chapt…

§346-33 Assistance payments inalienable. Assistance payments and compensation paid by the department of human services to blind persons and other persons for work performed in their homes or in workshops shall be inalienable by any assignment, sale, attachment, garnishment, execu…

PART XIV. HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES--REPEALED §§346-331 to 346-336 REPEALED. L 2012, c 93, §8.

§346-34 Frauds, penalties. (a) Any recipient who buys or disposes of real property or any person who knowingly aids or abets a recipient in the purchase or sale of real property without the consent of the department of human services shall be guilty of a petty misdemeanor. (b) If…

PART XV. State pharmacy assistance program--REPEALED §§346-341 to 346-347 REPEALED. L 2011, c 124, §§53, 57.

§346-35 Cancellation or revision. If, at any time during the currency or continuance of public assistance, the recipient, or any person legally liable for the support of the recipient becomes possessed of any property or income in addition to that available at the time the grant …

§346-352 Preauthorization exemption for certain physicians and physician assistants. Any physician or physician assistant licensed in this State who treats a medicaid recipient patient suffering from the human immunodeficiency virus, acquired immune deficiency syndrome, or hepati…

§346-36 Assistance payments, subject to change or repeal. All public assistance granted under this chapter shall be deemed to be granted and held subject to any amending or repealing act that may be passed and no recipient under this chapter shall have any claim for compensation …

PART XVII. HOMELESS PROGRAMS §346-361 Definitions. As used in this part, unless the context otherwise requires: "Donor" means any individual, partnership, corporation, joint-stock company, unincorporated organization, foundation, estate, trust, or any other person or firm that do…

§346-37 Recovery of payments and costs of medical assistance. (a) If a recipient under this chapter dies leaving an estate and does not have a surviving spouse, child, father, mother, grandfather, grandmother, grandchild, stepfather, stepmother, or any designated heir, the depart…

§346-37.1 Payment of public assistance for child requires payment of child support to department by natural or adoptive parents. (a) Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due and owing to the department…

§346-37.2 Department subrogated to rights. The department shall be subrogated to the right of such child or children or person having the care, custody, and control of such child or children to the debt created under section 346-37.1. Any judicial or administrative action to coll…

§346-37.3 Notice of child support debt. The department shall notify the child support enforcement agency of the amount of, and the periods during which, public assistance was provided to or for the benefit of any dependent child or children. [L 1975, c 137, pt of §1; am L 1986, c…

§§346-37.4 to 346-37.6 REPEALED. L 1986, c 332, §23.

§346-371 Annual financial audit. (a) The department shall require any provider agency that dispensed shelter or assistance for any homeless facility or any other program for the homeless authorized by this part to submit to the department a financial audit when requested, but at …

§346-38 Incompetency of recipient. If the recipient is found incapable of taking care of the recipient's money or oneself, the department of human services may direct its assistance to be paid to a legal guardian or any other reputable person for the recipient's benefit or may su…

§346-381.5 Coordinator on homelessness. The governor shall appoint the coordinator on homelessness for the proper administration and enforcement of this chapter without regard to chapter 76. [L 2019, c 81, §2; am L 2025, c 309, §9]

§346-382 Membership. (a) The Hawaii interagency council on homelessness shall be composed of the following members or the member's designee: (b) The nongovernmental members of the Hawaii interagency council on homelessness shall serve without compensation but shall be reimbursed …

[B.] Statewide Office on Homelessness and Housing Solutions §346-385 Definitions. As used in this subpart, unless the context clearly indicates otherwise: "Coordinator" means the coordinator on homelessness as provided in section 346-381.5. "Director" means the director of human …

§346-387 Administration. (a) The office shall be headed by the coordinator on homelessness, appointed pursuant to section 346-381.5, for the proper administration and enforcement of this subpart. (b) The coordinator shall report directly to the director and appoint staff as may b…

§346-39 Legal representative. The attorney general and the county attorneys and corporation counsel shall act as legal representatives of the department of human services when so requested. [L 1941, c 296, pt of §1; RL 1945, §4845; RL 1955, §108-25; HRS §346-39; am L 1970, c 105,…

§346-39.5 Unclaimed financial assistance balances in electronic benefit transfer accounts. If there is a balance of financial assistance benefits in an electronic benefit transfer account, that balance shall revert back to the program's appropriation from which the funds were exp…

§346-395 Eligibility. A young adult may continue to receive services under this part if the young adult meets the following criteria:

§346-396 Voluntary care agreement. If a young adult is no longer under jurisdiction pursuant to chapter 587A as the subject child and chooses to participate in the young adult voluntary foster care program and meets the eligibility criteria set forth in section 346-395, the depar…

§346-4 REPEALED. L 1989, c 247, §1.

§346-4.5 Investigators; authority and access to records. (a) The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers a…