§346-368 Abuse of assistance. (a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining whether a participant is no longer eligible for shelter or other services at the homeless facility or for any other program for the homeless, pursuant to standards and criteria established by rule.
(b) Pursuant to rule and the right of due process, the department or its designee, or provider agencies together with the department, may act to bar homeless families or individuals from participating further in any homeless facility or services, may issue a writ of possession, and take other actions as provided by rule.
The enforcement of a writ of possession shall be effected either by an officer appointed by the department, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ. The person enforcing the writ shall remove all persons from the premises and put the department or its designee, or the provider agency designated by the department, in full possession thereof.
Upon eviction, the household goods and personal effects of the person against whom the writ is entered, and those of any persons using the premises incident to the person's holding, may be removed from the premises immediately and sold or otherwise disposed of by the department or its designee or the provider agency. The department or its designee or the provider agency shall have a lien on the property so removed for the expenses incurred in moving the property.
(c) Any person who enters or remains unlawfully in or upon the premises or living quarters of any homeless facility or any other program for the homeless authorized by this part, after reasonable warning or request to leave by that provider agency's agents, the department or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code. A warning or request shall only be issued if the person has engaged in unlawful conduct or has violated house rules and regulations. The house rules shall be reasonable and a copy shall be provided to each tenant or participant. The warning or request shall supersede any invitation by a tenant or participant at the shelter, facility, or program to that person to visit the premises or living quarters. [L 2010, c 89, pt of §2]
Structure Hawaii Revised Statutes
346. Department of Human Services
346-2 Appointment of personnel.
346-2.5 Criminal history record checks.
346-3 Compensation of employees.
346-4.5 Investigators; authority and access to records.
346-6 Appropriations; expenditures; donations.
346-7 Acceptance of grants-in-aid or outright grants.
346-7.5 Spouse and child abuse special fund.
346-10 Protection of records; divulging confidential information prohibited.
346-11 Unauthorized disclosure or inspection.
346-13 Attendance and testimony of witnesses.
346-14.5 Financial assistance advisory council; established.
346-17.4 Higher education stipends for students
346-17.5 Federal aid to children in foster care.
346-17.6 Consent to no cost emergency shelter and related services.
346-19.7 Prospective adoptive parents; standards and home studies.
346-19.8 Department standards and requirements; disability.
346-26 Prevention and treatment of conditions giving rise to need.
346-28.5 Family self-sufficiency escrow accounts; asset test exemption.
346-29 Applications for public assistance; manner, form, conditions.
346-31 Assignment of persons in need of public assistance to work on public projects.
346-32 Application of chapter 386 to persons in need of public assistance assigned to work projects.
346-33 Assistance payments inalienable.
346-35 Cancellation or revision.
346-36 Assistance payments, subject to change or repeal.
346-37 Recovery of payments and costs of medical assistance.
346-37.2 Department subrogated to rights.
346-37.3 Notice of child support debt.
346-37.4 to 346-37.6 REPEALED.
346-38 Incompetency of recipient.
346-39.5 Unclaimed financial assistance balances in electronic benefit transfer accounts.
346-40 Maintenance and availability of records; penalty.
346-41 Inspection of institutional facilities.
346-41.5 Hawaii qualified health centers.
346-42 Administrative inspections and warrants.
346-43 Penalties under other laws.
346-43.5 Medical assistance fraud; penalties.
346-44 Recovery of public assistance overpayments.
346-45 Confidentiality of court records.
346-46 Certified nurse aides; training programs and recertification.
346-48 Coverage of ground ambulance services.
346-51.5 Expenditure of temporary assistance for needy families funds.
346-52 Aged, blind, and permanently and totally disabled persons; eligibility for assistance.
346-53 Determination of amount of assistance.
346-53.2 Temporary assistance for needy families; funding and programs; public comment.
346-53.4 Reimbursement to expanded adult residential care home operators.
346-53.5 REPEALED. L 1993, c 148, §2.
346-53.6 Federally qualified health centers; rural health clinics; reimbursement.
346-53.8 Kahuku medical center.
346-53.61 Centers for Medicare and Medicaid Services approval.
346-54 Report to the legislature.
346-55.1 Visitation, custody, and support when public assistance paid.
346-57 Loans to applicants for federal supplemental security income.
346-57.5 Interim assistance reimbursement special fund.
346-59.2 Comprehensive breast and cervical cancer control program.
346-59.4 Medical assistance to other children.
346-59.5 Enforcement of contracts.
346-59.6 Medicaid overpayment recovery.
346-59.9 Psychotropic medication.
346-60 Group therapy; reimbursement for services.
346-61 Optometric services, choice.
346-65 Child abuse and neglect discretionary emergency assistance.
346-66 Psychological services.
346-68 Bridge to hope program; transitional benefits.
346-69 Welfare safety net program; department of human services.
346-70 Medical assistance for other pregnant women.
346-71 General assistance to households without minor dependents.
346-97 Criminal history record checks.
346-102 Public service employment; established.
346-103 Wages or salaries of public service employment.
346-104 Refusal to work; ineligibility for public assistance.
346-144 Application; approval; statement; return.
346-145 Transportation assistance.
346-152 Exclusions; exemptions.
346-152.5 Requirements for persons exempt pursuant to section 346-152.
346-153 Records of deficiencies and complaints; release to public
346-157 Liability insurance coverage; requirement.
346-158 No smoking in child care facilities.
346-161 License for group child care home, group child care center required.
346-162 Rules; minimum standards.
346-163 Licenses and temporary permits
346-164 Suspension and revocation of licenses and permits; reissuance.
346-165 Visitation and inspection of group child care home, group child care center.
346-171 Registration for family child care home required.
346-172 Rules for registration.
346-173 Procedure for registration.
346-174 Informing parent and legal guardian of children and general public.
346-175 Visitation and inspection of family child care home; revocation of registration.
346-176 Family child care system.
346-177 Program of incentive for registration.
346-181 Preschool open doors program.
346-182 Preschool open doors special fund.
346-183 Preschool grant program special fund; established.
346-184 Preschool open doors program; provider accreditation.
346-185 Preschool open doors; procurement exemption.
346-186 Prior early learning program information.
346-221 Purpose; construction.
346-225 Confidentiality of reports.
346-228 Action upon investigation.
346-230 Termination of services.
346-231 Order for immediate protection.
346-232 Order to show cause hearing.
346-234 Guardian ad litem; counsel.
346-235 Consolidation with guardianship proceedings.
346-237 Notice of proceedings.
346-239 Required findings concerning postponed hearings.
346-244 Admissibility of evidence.
346-246 Failure to comply with court orders.
346-247 Payment for service or treatment provided to a party.
346-248 Fiscal and service responsibility.
346-250 Immunity from liability.
346-251 Presumption of capacity.
346-261 First-To-Work; establishment; purpose.
346-301 Adoption assistance program established.
346-305 Effect on prior adoption assistance agreements.
346-352 Preauthorization exemption for certain physicians and physician assistants
346-363 Exception to liability for donors.
346-364 Contract or conveyance to the department.
346-365 Program administration.
346-367 Determination of eligibility and need.
346-370 Emergency or transitional shelter volunteers.
346-371 Annual financial audit.
346-372 Provider agency and donor cooperation are not in restraint of trade.
346-374 Homeless shelter stipends.
346-374.5 Emergency shelter; minimum requirements.
346-375 Temporary emergency shelter.
346-378 Housing first programs.
346-381 Hawaii interagency council on homelessness; establishment.
346-381.5 Governor's coordinator on homelessness.
346-393 Rights of the young adult.
346-396 Voluntary care agreement.
346-397 Provision of extended foster care services.
346-399 Notice of hearings and reviews.
346-400 Case plan; reports to be submitted by the department.
346-402 Court-appointed attorneys.
346-404 Termination of jurisdiction.
346-405 Reestablishing jurisdiction.