§17-1601-2 - Definitions.

§17-1601-2 Definitions.

For the purposes of this chapter unless the context otherwise indicates:

"Applicant" means a person who has applied for a service or payment from the department.

"Authorized recipient of confidential information" means those entities authorized by departmental rules, state or federal statute, or court order to receive information contained in the reports and records maintained by the department.

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

"Child welfare services branch" or "branch" means the branch within the department, which administers the child welfare service programs.

"Department" means the department of human services.

"Disclosure" means the release of confidential information by the department.

"Guardian ad litem" means a person appointed by the court under section 587-34, HRS, whose role is to protect and promote the needs and interests of the child or a party in a court hearing pursuant to chapter 587, HRS.

"In camera" means a review of the records by the presiding judge prior to the release of the record or any portion of the record to the parties in the case.

"Legal custodian" means the child's parent(s), permanent custodian(s), legal guardian(s), or other entities who have legal and physical custody of the child.

"Near fatality" means an act that, as certified by a physician, places a child in serious or critical condition or would result in the child's death if untreated.

"Recipient" means a person who has received a service or payment from the department, including an

individual identified as a perpetrator of child abuse and/or neglect.

"Record or records" means all written, oral, or electronic information gathered and maintained by the department in its State central registry or in physical records, including but not limited to:

(1) Reports of child abuse and neglect accepted by the department for further action;

(2) Subsequent actions by the department, including but not limited to medical, psychological, psychiatric, or other agency reports as well as departmental contacts, assessments, or reports; and

(3) Any record or information collected and maintained by the department that identifies or contains information regarding a person who is an:

(A) Applicant;

(B) Recipient of services from the department; or

(C) Foster parent, adoptive parent, legal guardian or permanent custodian.

"Re-disclosure" means the release of confidential information received from the department by the authorized recipient of the information.

        [Eff DEC 09 2004 ] (Auth: HRS §§346-10, 346-14, 350-1, 578-15; 45 C.F.R. §§205.50, 1340.10) (Imp: HRS §§346-10, 350-1, 587-2; 42 U.S.C. §5106a; 45 C.F.R. §§205.50, 1340.14)

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