Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1621 - PERMANENCY ASSISTANCE
Section 17-1621-3 - Definitions

As used in this chapter:

"Caregiver" means the child's legal guardian(s) or permanent custodian(s).

"Child" means a person who is born alive and is less than eighteen years of age.

"Criminal history record check" means an examination of an individual's criminal history record through fingerprint analysis and name inquiry into state and national criminal history record files, including, but not limited to, the files of the Hawaii criminal justice data center; provided that the information obtained shall be used exclusively for the purposes under this chapter and shall be subject to applicable federal and state laws and regulations.

"Difficulty of care payments" or "difficulty of care" means payments in addition to the basic foster care maintenance board rate based on the level of care and supervision a child requires as determined by an assessment of the child's level of overall functioning. Payments for difficulty of care can be issued when the child requires increased care and supervision due to physical or mental health conditions, or emotional, psychological, or behavioral needs, which are being treated by a professional. Payments for difficulty of care may also be issued when the child requires academic or educational assistance that is over and above the average assistance needed for a child as documented by appropriate school personnel.

"Kinship guardianship assistance" means the provision of federal Title IV-E kinship guardianship assistance payments and medical benefits to the relative legal guardian(s) of a child.

"Kinship guardianship assistance agreement" means a written agreement between the relative legal guardian(s) and the department specifying conditions for the provision of the federal Title IV-E kinship guardianship assistance.

"Kinship guardianship assistance payment" means the provision of Federal Title IV-E monetary assistance to a legal guardian for a child previously under the department's placement responsibility in order to facilitate the child's permanent placement with legal guardian(s).

"Legal guardian" means any adult who has been awarded legal guardianship of a child as the result of a judicial determination under chapter 560, HRS, made at the time the department had placement responsibility of the child. For the purposes of this chapter the legal guardian(s) shall be referred to as "caregiver(s).

"Permanency assistance" means the provision of permanency assistance payments and medical benefits to facilitate the permanent placement of a child under the department's placement responsibility.

"Permanency assistance agreement" means a written agreement between the legal guardian(s) or permanent custodian(s) and the department specifying conditions for the provision of permanency assistance.

"Permanency assistance payment" means the provision of monetary assistance for a child previously under the department's placement responsibility in order to facilitate the child's permanent placement with legal guardian(s) or permanent custodian(s).

"Permanent custodian" means any adult who has been awarded permanent custody of a child under chapter 587A, HRS. For the purposes of this chapter permanent custodian(s) shall be referred to as "caregiver(s)."

"Permanent custody" means the legal status created under chapter 587A, HRS, subsequent to a judicial determination that vests in a permanent custodian parental and custodial duties and rights.

"Placement responsibility" means the authority to determine the placement and care of a child pursuant to chapter 587A, HRS.