346-16  Definitions.  (a)  As used in this chapter:

Terms Used In Hawaii Revised Statutes 346-16

  • Department: means the department of human services. See Hawaii Revised Statutes 346-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

     “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 587A 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.

     “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.

     “Resource family home” means any boarding home in which:

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

     (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.

     (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.