HAR §17-1602-2. Definitions

As used in this chapter: "Adverse action" means, unless prohibited by federal law: (1) The denial or failure to act with reasonable promptness on an application submitted under title 17, subtitle 11, for child welfare services payments; (2) The suspension, reduction, or termination of child welfare services payments provided as a result of an application approved under title 17, subtitle 11; (3) The denial, suspension, or revocation of a certificate of approval as a resource family home, child placing organization, or child caring institution; (4) Confirmation by the department that an individual is the perpetrator of child abuse or neglect, harm, or threatened harm as part of the department's disposition of a report the department received pursuant to chapter 350 or 587A, Hawaii Revised Statutes (HRS); (5) The denial of a request for expungement of an individual's name from the child abuse and neglect central registry pursuant to chapter 17-1605; or (6) The decision of the department that an individual does not have a right to a hearing consistent with this chapter. (7) Any other determinations for which the department is obligated by law or regulation to provide a notice and opportunity to be 1602-2 3617 §17-1602-2 heard in accordance with chapter 91, HRS, for programs under title 17, subtitle 11. "Aid paid pending a hearing decision" means the continuation or reinstatement of child welfare services payments between the date of timely request for a hearing and the date the hearing decision is made. "Applicant" means an individual applying for or requesting child welfare services payments or a certificate of approval as a resource family home, a child placing organization, or a child caring institution. "Authorized representative" means a person designated in writing by the claimant to act for and represent the claimant in any and all aspects of an administrative hearing under this chapter. A guardian appointed by court order shall be considered a claimant's authorized representative upon showing proof of the appointment. "Child welfare services" means the same as defined in section 346-1, HRS, and shall include any actions taken by the department consistent with this chapter. "Child welfare services payments" means payments provided as a result of an application approved under title 17, subtitle 11, for the protection, care, and permanency of abused and neglected children. This includes, but is not limited to, difficulty of care and permanency payments. "Claimant" means an applicant, recipient, or perpetrator who has requested, in writing, an informal review or a hearing to dispute an adverse action. "Confirmed" means that, following an investigation conducted by the department, the department determined by a preponderance of the evidence that a person was a perpetrator of child abuse or neglect, harm, or threatened harm. "Date of hearing request" means the date of the department's receipt of a signed written request for a hearing by the claimant or the claimant's authorized representative. 1602-3 3617