2012 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
346-229 Right of entry.
Note
Part heading amended by L 2008, c 154, §1.
Cross References
Dependent elder abuse; suits by the State; civil penalties, see §28-94.
Maximum fee for appointed counsel and guardian ad litem, see §571-87.
Law Journals and Reviews
Elder Law Hawaii. 13 HBJ No. 13, at pg. 85.
Holding Hawai‘i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233.
§346-229 Right of entry. (a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with the department's access to or communication with the vulnerable adult shall be guilty of a misdemeanor.
(b) Any employee of the department engaged in an investigation under this part, having probable cause to believe that a vulnerable adult will be physically injured through abuse before a court order for entry can be obtained, without a warrant, may enter upon the premises where the vulnerable adult may be found for the purpose of ascertaining that person's welfare. Where a warrantless entry is authorized under this section, the employee of the department may request the assistance of a police officer to gain entrance. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §11]
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