PART XVII.  HOMELESS PROGRAMS

 

Note

 

  Contracts that take effect after June 30, 2018, between the department of human services and a provider agency for the operation or management of an emergency or transitional shelter to comply with L 2016, c 234.  L 2016, c 234,  6; L 2017, c 100,  3.

  Homeless assistance working group (repealed June 30, 2016).  L 2013, c 222,   15 to 17; L 2014, c 134,  7.

  Return-to-home pilot program for eligible homeless individuals (terminated on December 31, 2016).  L 2013, c 222,   12 to 14.

  Working group on documentation for state civil identification card; reports to 2016-2017 legislature (dissolved on June 30, 2017).  L 2015, c 243.

 

      346-361  Definitions.  As used in this part, unless the context otherwise requires:

Terms Used In Hawaii Revised Statutes 346-361

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of human services. See Hawaii Revised Statutes 346-1
  • Homeless: means :

         (1)  An individual or family who lacks a fixed, regular, and adequate night-time residence; or

         (2)  An individual or family who has a primary night-time residence that is:

              (A)  A supervised publicly or privately operated shelter designed to provide temporary living accommodations;

              (B)  An institution that provides temporary residencefor individuals intended to be institutionalized; or

              (C)  A public or private place not designed for or ordinarily used as sleeping accommodations for human beings. See Hawaii Revised Statutes 346-361

  • Homeless facility: means a development designed to provide shelter for homeless families or individuals pursuant to this part, or to facilitate any other homeless program authorized by this part, and may include emergency or transitional shelters. See Hawaii Revised Statutes 346-361
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Provider: means any person or public or private institution, agency or business concern authorized by the department to provide health care, service or supplies to beneficiaries of medical assistance. See Hawaii Revised Statutes 346-1
  • Provider agency: means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the department to provide labor and services to any homeless facility or any other program for the homeless authorized by this part that is:

         (1)  A for-profit organization incorporated under the laws of the State; or

         (2)  A nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; that has a governing board whose members have no material conflict of interest and who serve without compensation, and that has adopted bylaws or policies that describe the manner in which business is conducted, including policies that relate to nepotism and management of potential conflict of interest situations. See Hawaii Revised Statutes 346-361

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Transitional shelter: means a homeless facility designed to provide temporary shelter and appropriate and available services for a maximum of twenty-four months to homeless families or individuals qualified by the pertinent provider agency or department to stay in the transitional shelter. See Hawaii Revised Statutes 346-361

     “Donor” means any individual, partnership, corporation, joint-stock company, unincorporated organization, foundation, estate, trust, or any other person or firm that donates money, real property, goods, or services to a homeless facility or any other program for the homeless authorized by this part, including members of any governing body, trustees, officers, partners, principals, stockholders, members, managers, employees, contractors, agents of these entities, or any person who was involved with the donation.

     “Emergency shelter” means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for a specified period of time who are not able to stay in a transitional shelter or reside in a dwelling unit.

     “Homeless” means:

     (1)  An individual or family who lacks a fixed, regular, and adequate night-time residence; or

     (2)  An individual or family who has a primary night-time residence that is:

          (A)  A supervised publicly or privately operated shelter designed to provide temporary living accommodations;

          (B)  An institution that provides temporary residencefor individuals intended to be institutionalized; or

          (C)  A public or private place not designed for or ordinarily used as sleeping accommodations for human beings.

This term does not include any individual imprisoned or otherwise detained under an act of Congress or a state law.

     “Homeless facility” means a development designed to provide shelter for homeless families or individuals pursuant to this part, or to facilitate any other homeless program authorized by this part, and may include emergency or transitional shelters.

     “Homeless shelter stipend” means a payment to a provider agency from the department to provide temporary shelter and appropriate services for a homeless family or individual at a homeless facility operated or managed by the provider agency.

     “Provider agency” means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the department to provide labor and services to any homeless facility or any other program for the homeless authorized by this part that is:

     (1)  A for-profit organization incorporated under the laws of the State; or

     (2)  A nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; that has a governing board whose members have no material conflict of interest and who serve without compensation, and that has adopted bylaws or policies that describe the manner in which business is conducted, including policies that relate to nepotism and management of potential conflict of interest situations.

     “Transitional shelter” means a homeless facility designed to provide temporary shelter and appropriate and available services for a maximum of twenty-four months to homeless families or individuals qualified by the pertinent provider agency or department to stay in the transitional shelter.