Hawaii Revised Statutes > Chapter 346 – Department of Human Services
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Terms Used In Hawaii Revised Statutes > Chapter 346 - Department of Human Services
- ABLE savings account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256B-1
- Abused or neglected: means subjected to "harm" "imminent harm" or "threatened harm" as defined in section [587A-4]. See Hawaii Revised Statutes 346-1
- Account owner: means the individual who enters into a tuition savings agreement pursuant to this chapter and as defined under the proposed income tax regulations, sections 1. See Hawaii Revised Statutes 256-1
- Account owner: means the person who enters into a savings agreement pursuant to this chapter. See Hawaii Revised Statutes 256B-1
- Accounting period: means a calendar year unless another twelve-month period is selected by a fiduciary. See Hawaii Revised Statutes 557A-102
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adoption assistance: means the provision of one or more of the following to enable the adoption of children with special needs:
(1) Monetary assistance;
(2) Medical benefits; or
(3) Social services. See Hawaii Revised Statutes 346-1
- Adult: means an individual who has attained the age of twenty-one years. See Hawaii Revised Statutes 553A-1
- Adult: means an individual who has attained the age of eighteen years. See Hawaii Revised Statutes 554B-1
- Adult: means an individual who has attained eighteen years of age. See Hawaii Revised Statutes 551G-2
- Alien: means any person not a citizen or national of the United States but who is allowed, under federal law, to reside in the United States. See Hawaii Revised Statutes 346-142
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Antique pistol or revolver: means any pistol or revolver manufactured before 1899 and any replica thereof if it either is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or is designed or redesigned to use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. See Hawaii Revised Statutes 134-1
- Applicant: means the person for whose use and benefit application for services or public assistance is made. See Hawaii Revised Statutes 346-1
- Arrest: Taking physical custody of a person by lawful authority.
- Ascertainable standard: means a standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on the effective date of this chapter. See Hawaii Revised Statutes 554D-103
- Assembly: means the fabrication of a firearm or the fitting together of component parts to construct a firearm. See Hawaii Revised Statutes 134-1
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Authority: means the Hawaii community development authority. See Hawaii Revised Statutes 206E-101
- Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beneficiary: means a person that receives property under a transfer on death deed. See Hawaii Revised Statutes 527-2
- Beneficiary: means an individual for whom property has been delivered to a custodial trustee for the individual's use and benefit under this chapter. See Hawaii Revised Statutes 554B-1
- Beneficiary: means a person who:
(1) Has a present or future beneficial interest in a trust, vested or contingent; or (2) In a capacity other than that of trustee, holds a power of appointment over trust property. See Hawaii Revised Statutes 554D-103 - Beneficiary: includes , in the case of a decedent's estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See Hawaii Revised Statutes 557A-102
- Beneficiary form: means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Hawaii Revised Statutes 539-1
- Board: means the wellness and resilience advisory board. See Hawaii Revised Statutes 346-431
- Case plan: means a plan developed by the department, in consultation with the young adult, as developmentally appropriate, containing a written description of the programs and services that will help the young adult transition from foster care to independent living. See Hawaii Revised Statutes 346-392
- Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 531B-2
- Charitable trust: means a trust, or portion of a trust, created for a charitable purpose described in section -405(a). See Hawaii Revised Statutes 554D-103
- Chief of police: means the chief of police of the counties of Hawaii, Maui, Kauai, or the city and county of Honolulu. See Hawaii Revised Statutes 134-1
- 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. See Hawaii Revised Statutes 346-16
- 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. See Hawaii Revised Statutes 346-16
- Child welfare services: means :
(1) All services necessary for the protection and care of abused or neglected children and children in danger of becoming delinquent; and
(2) All services necessary for the adoption of children. See Hawaii Revised Statutes 346-1
- Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Hawaii Revised Statutes 554G-2
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- college account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256-1
- Concealed: means , in relation to a firearm, that the firearm is entirely hidden from view of the public and not discernible by ordinary observation, in a manner that a reasonable person without law enforcement training would be unable to detect the presence of the firearm. See Hawaii Revised Statutes 134-1
- Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Hawaii Revised Statutes 553A-1
- Conservator: means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. See Hawaii Revised Statutes 554B-1
- Conservator: means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 551 or 560. See Hawaii Revised Statutes 551G-2
- Conservator: means a person appointed by the court to administer the estate of a minor or adult individual. See Hawaii Revised Statutes 554D-103
- Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
- Conventional cremation: means the irreversible process of reducing human remains to bone fragments or skeletal remains through heat and evaporation. See Hawaii Revised Statutes 531B-2
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County: means any county of the State. See Hawaii Revised Statutes 206E-2
- Court: means one of the family courts established pursuant to chapter 571. See Hawaii Revised Statutes 346-392
- Court: means the circuit court of the State. See Hawaii Revised Statutes 553A-1
- Court: means the circuit court of the State. See Hawaii Revised Statutes 554B-1
- Court: means the circuit court in this State having jurisdiction over all subject matter relating to trusts. See Hawaii Revised Statutes 554D-103
- Creditor: means , with respect to a transferor, a person who has a claim. See Hawaii Revised Statutes 554G-2
- Cremated remains: means all human remains recovered after the completion of the cremation, which may include the residue of any foreign matter, including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Hawaii Revised Statutes 531B-2
- Cremation: means conventional cremation or water cremation. See Hawaii Revised Statutes 531B-2
- Crematory: means a structure containing a furnace used or intended to be used for the conventional cremation of human remains. See Hawaii Revised Statutes 531B-2
- Critical access hospital: means a hospital located in the State that is included in Hawaii's rural health plan approved by the federal Centers for Medicare and Medicaid Services and approved as a critical access hospital by the department of health as provided in Hawaii's rural health plan and as defined in title 42 United States Code § 1395i-4. See Hawaii Revised Statutes 346-1
- Custodial property: means (1) any interest in property transferred to a custodian under this chapter and (2) the income from and proceeds of that interest in property. See Hawaii Revised Statutes 553A-1
- Custodial trust property: means an interest in property transferred to a custodial trustee under this chapter and the income from and proceeds of that interest. See Hawaii Revised Statutes 554B-1
- Custodial trustee: means a person designated as trustee of a custodial trust under this chapter and includes a substitute or successor custodial trustee. See Hawaii Revised Statutes 554B-1
- Custodian: means a person so designated under section 553A-9 or a successor or substitute custodian designated under section 553A-18. See Hawaii Revised Statutes 553A-1
- Debt: means liability on a claim. See Hawaii Revised Statutes 554G-2
- Department: means the department of human services and its authorized representatives. See Hawaii Revised Statutes 346-392
- Department: means the department of taxation. See Hawaii Revised Statutes 251-1
- Department: means the department of human services. See Hawaii Revised Statutes 346-1
- Dependent: A person dependent for support upon another.
- Designated beneficiary: means a person designated in a transfer on death deed to receive property. See Hawaii Revised Statutes 527-2
- Designated beneficiary: means a designated beneficiary as defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
- Designated beneficiary: means a resident of the State whose qualified disability expenses may be paid from the account. See Hawaii Revised Statutes 256B-1
- Devise: To gift property by will.
- Director: means the director of finance. See Hawaii Revised Statutes 256B-1
- Director: means the director of human services. See Hawaii Revised Statutes 346-1
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Domiciliary care: means the provision of twenty-four-hour living accommodations and personal care services and appropriate medical care, as needed, to adults unable to care for themselves by persons unrelated to the recipient in private residences or other facilities. See Hawaii Revised Statutes 346-1
- Donee: The recipient of a gift.
- 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. See Hawaii Revised Statutes 346-361
- Donor: The person who makes a gift.
- Dower: A widow
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Eligible educational institution: means :
(1) An institution described in sections 481(a)(1) or 1201(a) of the Higher Education Act of 1965 (20 U. See Hawaii Revised Statutes 257-1
- Eligible individual: means an individual who is entitled to benefits based on blindness or disability under title 42 United States Code § 401 et seq. See Hawaii Revised Statutes 256B-1
- 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. See Hawaii Revised Statutes 346-361
- Employees trust: means any trust created by an employer as part of a stock bonus, pension, profit-sharing, or annuity plan for the exclusive benefit of some or all of the employer's employees, or their beneficiaries, to which contributions are made by the employer, or employees, or both, for the purpose of distributing in accordance with such plan to the employees, or their beneficiaries, the earnings or the principal, or both earnings and principal, of the trust fund, provided that it is impossible under the trust terms at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust for any part of the corpus or income to be at any time used for or diverted to purposes other than the exclusive benefit of the employees, or their beneficiaries. See Hawaii Revised Statutes 555-1
- Employer: includes a group of employers creating a combined plan or trust for the benefit of their employees or the beneficiaries of the employees. See Hawaii Revised Statutes 555-1
- Environmental law: means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment. See Hawaii Revised Statutes 554D-103
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Estranged: means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. See Hawaii Revised Statutes 531B-2
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means a personal representative or a trustee. See Hawaii Revised Statutes 557A-102
- Fiduciary organization: means an organization that serves as an intermediary between an individual account holder and the financial institution holding the individual's individual development account funds. See Hawaii Revised Statutes 257-1
- Financial assistance: means public assistance, except for payments for medical care, social service payments, transportation assistance, and emergency assistance under § 346-65, including funds received from the federal government. See Hawaii Revised Statutes 346-1
- Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Hawaii Revised Statutes 553A-1
- Financial institution: means an organization authorized to do business pursuant to chapter 412, or under federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union. See Hawaii Revised Statutes 257-1
- Financial organization: means an organization authorized to do business in the State of Hawaii that is:
(1) Certified as an insurer by the insurance commissioner;
(2) Licensed or chartered as a financial institution by the commissioner of financial institutions;
(3) Chartered by an agency of the federal government;
(4) Subject to the jurisdiction and regulation of the securities and exchange commission of the federal government; or
(5) Any other entity otherwise authorized to act in this State as a trustee pursuant to the provisions of the Employee Retirement Income Security Act of 1974, as may be amended from time to time. See Hawaii Revised Statutes 256-1
- Financial organization: means an organization authorized to do business in the State that is:
(1) Licensed or chartered by the insurance commissioner;
(2) Licensed or chartered by the commissioner of financial institutions;
(3) Chartered by an agency of the federal government; or
(4) Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. See Hawaii Revised Statutes 256B-1
- Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
- Firearm receiver: includes any object or part that is not a firearm frame or receiver in finished form but that is designed or intended to be used for that purpose and may readily be made into a firearm frame or receiver through milling or other means. See Hawaii Revised Statutes 134-1
- 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. See Hawaii Revised Statutes 346-16
- Former spouse: means a person to whom the transferor was married where the marriage was dissolved before the time of the permitted transfer, or person with whom the transferor was in a civil union where the civil union was dissolved before the time of the permitted transfer. See Hawaii Revised Statutes 554G-2
- Foster custody: means the legal status created when the department places a child outside of the family home with the agreement of the legal custodian or pursuant to court order as set forth in chapter 587A. See Hawaii Revised Statutes 346-392
- Funeral establishment: means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 531B-2
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Guardian: means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem. See Hawaii Revised Statutes 554B-1
- Guardian: means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 551 or 560. See Hawaii Revised Statutes 551G-2
- Guardian: means a person appointed by the court, a parent, or a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Hawaii Revised Statutes 554D-103
- Guardianship order: means an order appointing a guardian. See Hawaii Revised Statutes 551G-2
- Hawaii security net: means those public and private assistance and social service programs designed to provide the basic necessities of life: food, clothing, shelter, and medical care. See Hawaii Revised Statutes 346-1
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Heirs: means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. See Hawaii Revised Statutes 539-1
- Homeland: means the country in which a person was born. See Hawaii Revised Statutes 346-142
- 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 residence for 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
- 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. See Hawaii Revised Statutes 346-361
- Household: means adults related by blood, marriage, or adoption, or who are unrelated but have maintained a stable family relationship together over a period of time, and individuals under eighteen years of age related to the above adults by marriage, blood, or adoption, who are living together. See Hawaii Revised Statutes 257-1
- Hydrolysis equipment: includes prebuilt and prepackaged hydrolysis units or equipment that is erected on site of a hydrolysis facility. See Hawaii Revised Statutes 531B-2
- Hydrolysis facility: means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation. See Hawaii Revised Statutes 531B-2
- Incapacitated: means that an individual lacks the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other cause. See Hawaii Revised Statutes 554B-1
- Incapacitated: means an individual who, for reasons other than age, is unable to manage property and business affairs effectively because of an impairment in the ability to receive and evaluate information or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance or because of another physical, mental, or health impairment, or because the individual is missing, detained, or unable to return to the United States. See Hawaii Revised Statutes 554D-103
- Incapacitated person: means an adult for whom a guardian has been appointed. See Hawaii Revised Statutes 551G-2
- Income: means money or property a fiduciary receives as the current return from a principal asset. See Hawaii Revised Statutes 557A-102
- Income beneficiary: means a person to whom a trust's net income is or may be payable. See Hawaii Revised Statutes 557A-102
- Income interest: means an income beneficiary's right to receive all or part of the net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Hawaii Revised Statutes 557A-102
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Independent adjuster: means an adjuster representing the interests of the insurer. See Hawaii Revised Statutes 431:9-105
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Individual development account: means an optional, interest bearing, subsidized, tax-benefitted account used exclusively for the purpose of paying the qualified expenditure of an eligible individual as determined by the fiduciary organization. See Hawaii Revised Statutes 257-1
- 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. See Hawaii Revised Statutes 346-16
- Inter vivos: Transfer of property from one living person to another living person.
- Interested persons: includes beneficiaries and any others having a property right in or claim against a trust estate that may be affected by a judicial proceeding and fiduciaries and other persons representing interested persons. See Hawaii Revised Statutes 554D-103
- Interests of the beneficiaries: means the beneficial interests provided in the terms of the trust. See Hawaii Revised Statutes 554D-103
- Intestate: Dying without leaving a will.
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- issue: as used in this chapter , includes all the lawful lineal descendants of the ancestor. See Hawaii Revised Statutes 532-1
- Joint owner: means an individual who owns property concurrently with one or more individuals with a right of survivorship. See Hawaii Revised Statutes 527-2
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Legal representative: means an individual's personal representative or conservator. See Hawaii Revised Statutes 553A-1
- Legal representative: means a personal representative or conservator. See Hawaii Revised Statutes 554B-1
- Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 251-1
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Lineal descendant: Direct descendant of the same ancestors.
- loaded firearm: means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a magazine which is inserted in a firearm. See Hawaii Revised Statutes 134-1
- Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
- Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
- Mandatory income interest: means an income beneficiary's right to receive net income that the terms of the trust require the fiduciary to distribute. See Hawaii Revised Statutes 557A-102
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Medical assistance: means payment for medical care or personal care services, including funds received from the federal government. See Hawaii Revised Statutes 346-1
- Medical care: means all kinds of medical care, psychiatric care, dental care, and maternity care, including surgical care, hospital care, eye care (which includes optical appliances), materials, supplies, and all other appliances used in the care, treatment and rehabilitation of patients, and hospitalization. See Hawaii Revised Statutes 346-1
- Medical institution: means a facility in which health care services are provided that also provides long-term care services at a nursing facility level of care for the purposes of dealing with medicaid liens in this chapter. See Hawaii Revised Statutes 346-1
- Member of the family: means a family member as defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
- Minor: means an individual who has not attained the age of twenty-one years. See Hawaii Revised Statutes 553A-1
- Minor dependents: means dependents living in the home of a specified adult, as defined by rules, in which the adult is the primary caretaker and the dependent is under eighteen or if between eighteen and nineteen, enrolled full-time in a program of secondary or equivalent level vocational or technical school, and is expected to complete the program before reaching age nineteen. See Hawaii Revised Statutes 346-1
- Mortgage lender: means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company, or any other financial institution, or a holding company for any of the foregoing, which:
(1) Is authorized to do business in the State;
(2) Customarily provides service or otherwise aids in the financing of mortgages on single family or multi-family residential property; and
(3) Is a financial institution whose accounts are federally insured, or is an institution which is an approved mortgagee for the Federal Housing Administration, or is an approved lender for the Department of Veterans Affairs or the United States Department of Agriculture, or is an approved mortgage loan servicer for the Federal National Mortgage Association or the Federal Home Mortgage Corporation. See Hawaii Revised Statutes 206E-101
- Mortuary: means a place of business devoted exclusively to furnishing funeral services and related commodities. See Hawaii Revised Statutes 531B-2
- Naturalized citizen: means a person who was not born in the United States, but who has the rights and privileges of a citizen bestowed upon the person by law. See Hawaii Revised Statutes 346-142
- Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period. See Hawaii Revised Statutes 557A-102
- Nonqualified withdrawal: means a withdrawal from an account that is not:
(1) Used for qualified higher education expenses of the designated beneficiary;
(2) Made on account of the death or disability of the designated beneficiary; or
(3) Made on the account of a scholarship (or allowance or payment described in section 135(d)(1)(B) or (C) of the Internal Revenue Code of 1986, as amended) received by the designated beneficiary, to the extent the withdrawal does not exceed the amount of the scholarship, allowance, or payment. See Hawaii Revised Statutes 256-1
- Office: means the office of wellness and resilience. See Hawaii Revised Statutes 346-431
- Party: means the department or the young adult who is subject to a proceeding brought under this part and may include any other person whose participation the court finds is in the best interest of the young adult. See Hawaii Revised Statutes 346-392
- Permanent custody: means the legal status created by order of the court after the termination of parental rights as set forth in chapter 587A. See Hawaii Revised Statutes 346-392
- Permitted property: includes real property, personal property, and interests in real or personal property. See Hawaii Revised Statutes 554G-2
- Permitted transfer: means a transfer of permitted property by or from one or more transferors who own an undivided interest in the property to one or more trustees, at least one of which is a permitted trustee, by means of a trust instrument, regardless of whether consideration is exchanged. See Hawaii Revised Statutes 554G-2
- Permitted trustee: means a person, other than the transferor, who is a resident of this State or a bank or trust company that is authorized to do business in this State, possesses and exercises trust powers, has its principal place of business in this State; and:
(1) Maintains or arranges for custody of some or all of the property that is the subject of the permitted transfer;
(2) Maintains records for the trust on an exclusive or nonexclusive basis;
(3) Prepares or arranges for the preparation of fiduciary income tax returns; or
(4) Otherwise materially participates in the administration of the trust. See Hawaii Revised Statutes 554G-2
- Person: means an individual eighteen years of age or older. See Hawaii Revised Statutes 531B-2
- Person: means an individual, a corporation, an organization, or other legal entity. See Hawaii Revised Statutes 539-1
- Person: means an individual, corporation, organization, or other legal entity. See Hawaii Revised Statutes 553A-1
- Person: means an individual, corporation, organization, or other legal entity. See Hawaii Revised Statutes 554B-1
- Person: means a natural person. See Hawaii Revised Statutes 554G-2
- Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Hawaii Revised Statutes 554D-103
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. See Hawaii Revised Statutes 557A-102
- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Hawaii Revised Statutes 539-1
- Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Hawaii Revised Statutes 553A-1
- Personal representative: includes an executor, administrator, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions and includes a successor personal representative. See Hawaii Revised Statutes 554B-1
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of withdrawal: means a presently exercisable general power of appointment other than a power:
(1) Exercisable by a trustee and limited by an ascertainable standard; or (2) Exercisable by another person only upon consent of the trustee or a person holding an adverse interest. See Hawaii Revised Statutes 554D-103 - Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Hawaii Revised Statutes 557A-102
- Program: means the college savings program. See Hawaii Revised Statutes 256-1
- Program: means the Hawaii ABLE savings program established under this chapter. See Hawaii Revised Statutes 256B-1
- Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
- Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
- Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
- Property: means an interest in real property located in this State that is transferable on the death of the owner. See Hawaii Revised Statutes 527-2
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Hawaii Revised Statutes 539-1
- Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Hawaii Revised Statutes 554D-103
- Prospective adoptive parents: means a person, or persons who are married to each other, applying with the department to adopt a child or children. See Hawaii Revised Statutes 346-16
- protected person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 551G-2
- Protective order: means an order appointing a conservator or other order related to management of an adult's property. See Hawaii Revised Statutes 551G-2
- Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Hawaii Revised Statutes 551G-2
- 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
- Public adjuster: means an adjuster employed by and solely representing the financial interests of the insured named in the policy. See Hawaii Revised Statutes 431:9-105
- Public assistance: means financial assistance to or for the benefit of persons whom the department has determined to be without sufficient means of support to maintain a standard consistent with this chapter, payments to or on behalf of such persons for medical care, and social service payments as described under the Social Security Act. See Hawaii Revised Statutes 346-1
- Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-2
- Qualified acquisition costs: means the costs of acquiring, constructing, or reconstructing a residence and shall include any usual or reasonable settlement, financing, or other closing costs. See Hawaii Revised Statutes 257-1
- Qualified beneficiary: means a beneficiary who, on the date the beneficiary's qualification is determined:
(1) Is a distributee or permissible distributee of trust income or principal; (2) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (1) terminated on that date without causing the trust to terminate; or (3) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. See Hawaii Revised Statutes 554D-103 - Qualified business: means any business that does not contravene any law or public policy. See Hawaii Revised Statutes 257-1
- Qualified disability expense: means any qualified disability expense included in section 529A of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 256B-1
- Qualified expenditures: means an expense as determined by a fiduciary organization, which may include but not be limited to:
(1) Costs associated with first homeownership;
(2) Post-secondary education;
(3) Vocational training; and
(4) Small or micro-business capitalization. See Hawaii Revised Statutes 257-1
- Qualified higher education expenses: means any qualified higher education expense defined in section 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
- Qualified person: means an alien or naturalized citizen of the United States who:
(1) Is a resident of the State of Hawaii;
(2) Is sixty years of age or older;
(3) Is eligible to receive or receives financial assistance under this chapter on the date of the application for transportation assistance under this part. See Hawaii Revised Statutes 346-142
- Qualified plan: means a business plan or a plan to use a business asset purchased, that:
(1) Is approved by a financial institution, a micro-enterprise development organization, or a nonprofit loan fund having demonstrated fiduciary integrity;
(2) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and
(3) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. See Hawaii Revised Statutes 257-1
- Qualified withdrawal: means withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256-1
- Qualified withdrawal: means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256B-1
- Recess: A temporary interruption of the legislative business.
- Recipient: means the person for whose use and benefit services are rendered or a grant of public assistance is made. See Hawaii Revised Statutes 346-1
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 551G-2
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Registering entity: means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Hawaii Revised Statutes 539-1
- Remainder beneficiary: means a person, including another trust, entitled to receive principal when an income interest ends. See Hawaii Revised Statutes 557A-102
- 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. See Hawaii Revised Statutes 346-16
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Hawaii Revised Statutes 551G-2
- Revenue bonds: means bonds, notes, or other evidence of indebtedness of the authority issued to finance any of the reserved housing loan programs under this part. See Hawaii Revised Statutes 206E-101
- revolver: means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas. See Hawaii Revised Statutes 134-1
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Rollover distribution: means a rollover distribution as defined in section 529A of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 256B-1
- Savings agreement: means an agreement between the program manager or the director of finance and the account owner. See Hawaii Revised Statutes 256B-1
- Secretary: means the Secretary of the United States Department of the Treasury. See Hawaii Revised Statutes 256B-1
- Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. See Hawaii Revised Statutes 539-1
- Security account: means :
(1) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or
(2) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. See Hawaii Revised Statutes 539-1
- Service of process: The service of writs or summonses to the appropriate party.
- Settlor: means a person, including a testator, who creates, or contributes property to, a trust. See Hawaii Revised Statutes 554D-103
- Social services: means crisis intervention, counseling, case management, and support activities such as day care and chore services provided by the department staff, by purchase of service, or by cooperative agreement with other agencies to persons meeting specified eligibility requirements. See Hawaii Revised Statutes 346-1
- Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
- Spendthrift provision: means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest. See Hawaii Revised Statutes 554D-103
- Spouse: means a person to whom the transferor is married or with whom the person is party to a civil union at the time of the permitted transfer. See Hawaii Revised Statutes 554G-2
- Spouse: includes individuals who are married to each other and individuals who are reciprocal beneficiaries. See Hawaii Revised Statutes 554D-103
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Hawaii Revised Statutes 539-1
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Hawaii Revised Statutes 553A-1
- State: means a state, commonwealth, territory, or possession of the United States, or the District of Columbia. See Hawaii Revised Statutes 554B-1
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 551G-2
- State: includes an Indian tribe or band recognized by federal law or formally acknowledged by a state. See Hawaii Revised Statutes 554D-103
- Subject property: means real property or an interest in real property that is subject to a transfer on death deed. See Hawaii Revised Statutes 527-2
- Surcharge tax: means the rental motor vehicle and tour vehicle surcharge tax established under this chapter. See Hawaii Revised Statutes 251-1
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
- Terms of a trust: means :
(1) Except as otherwise provided in paragraph (2), the manifestation of the settlor's intent regarding a trust's provisions as: (A) Expressed in the trust instrument; or (B) Established by other evidence that would be admissible in a judicial proceeding; or (2) The trust's provisions, as established, determined, or amended by: (A) A trustee or other person in accordance with applicable law; (B) A court order; or (C) A nonjudicial settlement agreement under section -111. See Hawaii Revised Statutes 554D-103 - Terms of a trust: means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. See Hawaii Revised Statutes 557A-102
- Testate: To die leaving a will.
- Testator: A male person who leaves a will at death.
- Tour vehicle: means any vehicle, including vans, minibuses, and buses used for the purpose of transporting persons for pleasure or sightseeing trips, or transporting persons to pleasure or sightseeing cruises or destinations. See Hawaii Revised Statutes 251-1
- Transfer: means a transaction that creates custodial property under section 553A-9. See Hawaii Revised Statutes 553A-1
- Transfer: means the disposition, conveyance, or assignment of property, including the change in the legal ownership of property occurring upon the substitution of one trustee for another or the addition of one or more new trustees, or the exercise of a power that causes the disposition, conveyance, or assignment of permitted property to a trustee or trustees, but shall not include the release or relinquishment of an interest in property that was formerly the subject of a permitted transfer. See Hawaii Revised Statutes 554G-2
- Transfer on death deed: means a deed authorized under this chapter. See Hawaii Revised Statutes 527-2
- Transferor: means an individual who executes a transfer on death deed. See Hawaii Revised Statutes 527-2
- Transferor: means a person who makes a transfer under this chapter. See Hawaii Revised Statutes 553A-1
- Transferor: means a person who creates a custodial trust by transfer or declaration. See Hawaii Revised Statutes 554B-1
- Transferor: means :
(1) An owner of permitted property;
(2) The holder of a power of appointment that authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate, or the creditors of the holder's estate; or
(3) A trustee who directly or indirectly makes a disposition of permitted property. See Hawaii Revised Statutes 554G-2
- 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
- Transportation assistance: means the amount determined by the director under § 346-145. See Hawaii Revised Statutes 346-142
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Hawaii Revised Statutes 553A-1
- Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Hawaii Revised Statutes 554B-1
- Trust instrument: means an irrevocable instrument appointing a permitted trustee or permitted trustees for the permitted property that is the subject of a disposition. See Hawaii Revised Statutes 554G-2
- Trust instrument: means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto. See Hawaii Revised Statutes 554D-103
- Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. See Hawaii Revised Statutes 554G-2
- Trustee: includes an original, additional, and successor trustee, and a cotrustee. See Hawaii Revised Statutes 554D-103
- Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Hawaii Revised Statutes 557A-102
- Tuition savings agreement: means an agreement between the director of finance or a financial organization and the account owner. See Hawaii Revised Statutes 256-1
- Unconcealed: means not concealed. See Hawaii Revised Statutes 134-1
- vehicle: means every vehicle which is:
(1) Self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less; and
(2) Designed to carry seventeen passengers or fewer. See Hawaii Revised Statutes 251-1
- Venue: The geographical location in which a case is tried.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- Water cremation: means alkaline hydrolysis, which is the reduction of human remains to bone fragments and essential elements using heat, pressure, water, and base chemical agents. See Hawaii Revised Statutes 531B-2
- Work eligible household: means a household in which at least one member is:
(1) An adult receiving assistance under the temporary assistance for needy families program; or
(2) A non-recipient parent, who is not a non-work eligible individual or an other work eligible individual. See Hawaii Revised Statutes 346-1
- Young adult: means a person who has attained the age of eighteen or older, but is less than twenty-one years of age. See Hawaii Revised Statutes 346-392