HAR §17-661-7. Definitions

As used in this subchapter: "Full-time training" means that the refugee is enrolled in at least thirty hours of training in a program as part of an employability plan approved by the service agency which has been approved by the department. 661-4 "Refugee" means a person who is outside of the country of the person's nationality or last place of habitual residence, is unable or unwilling to use the protection of that country because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, has been admitted into the United States by the Immigration and Naturalization Service (INS) as a refugee and, if a dependent of a repatriated United States citizen, has been in the United States for more than ninety days. "Refugee cash assistance (RCA)" means cash assistance provided to refugees who are ineligible for AFDC or SSI and who have resided in the United States for less than a specified period of time from their initial entry into the country. Effective October 1, 1991, the specified period of time shall be eight months and may be increased or decreased, subject to the availability of federal funds, by the Office of Refugee Resettlement. "Refugee resettlement program" means the federally funded program, established by section 412(a)(9), Immigration and Nationality Act (8 U.S.C. §1522(a)(9)), for the resettlement of refugees in the United States. "Repatriated United States citizen" means an individual who has reestablished residence in the United States. "Service agency" means an agency providing employment services funded under the refugee resettlement program. "Sponsor" means any person or agency who has assumed the responsibility for assisting a refugee resettle into a community. "State employment service" means the employment service of the state department of labor and industrial relations. "Voluntary resettlement agency" means a private, nonprofit organization contracted by the federal government to provide initial resettlement services to refugees. [Eff 3/19/93; am 8/1/94 ] (Auth: HRS §§346- 14, 346-56) (Imp: HRS §346-56; 45 C.F.R. §400.2) 661-5 §17-661-8 Exclusions from the definition of refugee. Excluded from the status of a refugee shall be: (1) Dependents of repatriated United States citizens who: (A) Have been in the United States for ninety days or less; and (B) Have one of the following specified relationships to the repatriated citizens: (i) Spouse; (ii) Parents; (iii) Grandparents; (iv) Unmarried minor child, including an adopted child or stepchild; (v) Unmarried adult child, including an adopted child or stepchild, who is dependent because of a handicap; (vi) Spouse's parents; (vii) Spouse's grandparents; or (viii) Minor siblings of the repatriated citizen or the citizen's spouse; (2) Individuals from Cuba who: (A) Entered the United States before October l, 1978, and are registered with the United States Cuban refugee center in Miami, Florida; or (B) Have been admitted into the United States with the INS status of "applicant for asylum" or "Cuban entrant"; (3) Individuals from Haiti who are admitted into the United States with the INS status of "Haitian entrant"; or (4) Any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. [Eff 3/19/93 ] (Auth: HRS §§346-14, 346-56) (Imp: HRS §346-56; 8 U.S.C. §1101(a)(42)) 661-6