HAR §20-4-9. Special Circumstances

(a) The resident status of every adult shall be established by the person's own acts and intentions and shall not be derived from any other person, except as specifically provided otherwise in this chapter. (b) The residence of an unernancipated minor shall be the residence of the parent who claims the minor as a dependent for tax purposes, regardless of the minor's primary abode. If both parents are deceased, the residence of the unemancipated minor remains that of the last parent to die until changed by court order. Upon court appointment of a guardian for the minor, the residence of the minor shal l become that of the guardian. (c) A nonresident unemancipated minor attending an institution of higher learning outside of Hawaii o r on active duty with the United States armed forces, whose parents become residents of Hawaii and who reaches majority before the minor would derive residency in Hawaii from the parents' new status, may be classified as a resident for tuition purposes when the parents have completed twelve consecutive months of residence; provided that the classification shall be lost if actions inconsiste nt with resident status are taken after leaving the institution or discharge from the military (e.g., fai l ure to promptly make a home in Hawaii). (d) If an unemancipated minor's parents l ose their Hawaii residence, the minor shall be classi fied as a nonresident at the next residency determination date; provided if the parents' change of residence i s due to obedience to active- duty mi litary orders, the minor student shall continue to pay resident tui tion as long as the minor continuously attends the University full time. 4- 8 §20-4-9 (e) An emancipated minor shall be considered an adult for purposes of residence under this section. The following shall constitute evidence of emancipation, no one of which shall be controlling: ( 1) Self-supporting. (2) Subsistence not provided by parents or legal guardian. (3) Prior military service. (4) Other evidence of residence enumerated under section 20-4-7. (5) Any other conduct inconsistent with parental control and custody. (f) A student shall be allowed to base residency on that of someone other than the parent or legal guardian, provided the relationship between the student and the person or persons other than the parent or legal guardian is that of hanai. (g) An alien may establish residence to the extent permitted by the Immigration & Nationality Act. The date of approval of such status shall be the earliest date upon which the twelve-month residency requirement may begin to accrue. {h) Service in the armed forces of the United States shall not of itself negate establishment of residence in Hawaii. for instance , a nonresident servicemember whose last duty station is in Hawaii and who does all othe r things necessary to e stablish bona fide residence in Hawaii, may be classified as a resident. In addition , a person who establishes residence in Hawaii but who enters the military service prior to the expiration of the twelve months from the date of establishment may tack the period of military service onto the former period to satisfy the twelve-month criteria. [Eff 6/22/81 ; am 3/12/84 ; am and comp 07/15/06; am and comp OCT 1 3 2022 1 (Auth: HRS §304A-402) ( Imp: HRS §304A-402) 4- 9 §20-4-10 SUBCHAPTER 2 PROCEDURE