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chapter-352d•Hawaii Revised Statutes, Chapter 352D — Office of Youth Services
chapter-352dHaw. Rev. Stat. ch. 352DCodeJan 1, 1989
Division 1. Government — Title 20. Social Services
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
The legislature finds that:
(1) The State of Hawaii has the responsibility to provide its youth a fair and full opportunity to reach their full potential and become law-abiding citizens of our community by providing and encouraging services, which will strengthen their physical, emotional, social, educational, and moral development;
(2) There is a need for a strong state commitment to the needs of youth and families. Of particular concern are those youth who come into conflict with the laws of our community. To achieve this commitment, there is need for statewide planning and system coordination; oversight of activities and services; and evaluation and monitoring of the effectiveness of these services. In addition, a single entity is needed to serve as a central intake agency, and to coordinate the delivery of services, and provide a continuum of programs to eliminate gaps and provide a clear sense of responsibility and accountability for youth services. This agency must have sufficient statutory authority to ensure that its directives and mandates are complied with by the various affected agencies.
The purpose of this chapter is to establish the office of youth services for the planning, case management, and delivery of services to youth at risk.
[L 1989, c 375, pt of §1]
A policy for youth is established for the State as follows:
(1) It shall be the policy of this State to concentrate on the prevention of delinquency as an important strategy which can be planned and implemented on behalf of youth and their families. The State shall encourage community involvement in the provision of services for youth including, as an integral part, local government, public and private voluntary groups, public and private nonprofit groups, and private-for-profit groups in order to encourage and provide innovative strategies for these services. To maximize resources and services to youth in need of services, agencies shall develop standards of care, methods to coordinate services, and evaluate and monitor these activities. For youth with special needs, the furtherance of this policy requires all agencies to recognize that their jurisdiction in meeting these youths' needs are not mutually exclusive and that they will work jointly under the coordination of the office of youth services;
(2) When youth at risk or their families request help, state and local government resources shall be utilized to complement community efforts to help meet the needs of youth by aiding in the prevention and resolution of their problems. The State shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of youth. To this end, the State shall assist and encourage families to utilize all available resources. For youth in need of services, the State shall secure those services as are needed to serve the emotional, mental, and physical welfare of youth and the best interests of the community, preferably in the youth's home or in the least restrictive environment possible. When youths must be placed in care away from their homes, the State shall ensure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their youth; and
(3) This policy for youth shall be implemented through the cooperative efforts of state and county legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those youth in greatest need.
[L 1989, c 375, pt of §1]
As used in this chapter:
"Executive director" means the executive director of the office of youth services.
"Office" means the office of youth services.
"Young adult at risk" or "young adult" means any adult between the ages of eighteen and twenty-four who has been arrested, who has had contact with the police, who is experiencing social, emotional, psychological, educational, or physical problems, and who is no longer eligible for child protective services provided by the State due to the adult's age. "Youth at risk" or "youth in need of services" means any youth who has been arrested, or who has had contact with the police, or who is experiencing social, emotional, psychological, educational, moral, physical, or other similar problems.
"Youth service system" means any youth services, facilities, or community-based programs provided through the family court and public and private agencies receiving state funds.
"Youth services" means public or privately funded programs which provide developmental, preventive, protective, recreational, treatment or rehabilitative services for youth at risk including: after school programs, foster care services, residential group homes, independent living programs; child nurturing and family living programs; camps; playground programs; services to youth with school-related problems including educational neglect; services to youth who are found to be subject to neglect, abuse, or exploitation; employment/training programs; diagnostic, preventive, and remedial medical and mental health services to youth, including chemically dependent, physically, mentally, and emotionally disabled and handicapped youth; information and referral services; and legal services to assure the rights of youth.
[L 1989, c 375, pt of §1; am L 2018, c 208, §4]
There is established within the department of human services for administrative purposes only the office of youth services. The office of youth services is established to provide services and programs for youth at risk under one umbrella agency in order to facilitate optimum service delivery, to prevent delinquency, and to reduce the incidence of recidivism among juveniles through the provision of prevention, rehabilitation, and treatment services. The office shall also be responsible for program planning and development, intake/assessment, oversight, as well as consultation, technical assistance, and staff training relating to the delivery of services.
The office shall provide a continuum of services as follows:
(1) An integrated intake/assessment and case management system;
(2) The necessary educational, vocational, social counseling and mental health services; provided that the department of education shall be the only provider of standards-based education services for all youth at risk and young adults identified with special education needs or actively receiving special education services, in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and all applicable federal and state educational requirements;
(3) Community-based shelter and residential facilities;
(4) Oversight of youth services; and
(5) Other programs that encourage the development of positive self-images and useful skills in youth.
The executive director of the office of youth services shall submit annual reports to the legislature no later than twenty days prior to the convening of each regular session, reporting the services or programs funded pursuant to this section, the number of youth served by each service or program, and the results of the services or programs funded.
To this end, on July 1, 1991, this office shall assume the responsibilities for juvenile corrections functions, which were temporarily placed in the department of corrections pursuant to Act 338, Session Laws of Hawaii 1987. These functions shall include but not be limited to all responsibilities, under chapter 352, for the Hawaii youth correctional facilities.
[L 1989, c 375, pt of §1; am L 2014, c 201, §5; am L 2018, c 208, §5; am L 2019, c 111, §14]
(a) Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office shall be required to agree to criminal history record checks conducted by the office or its designee in accordance with section 846-2.7. The office shall develop procedures for obtaining verifiable information regarding the criminal history records of individuals seeking to serve as employees or volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office.
(b) Except as otherwise specified, any individual who is employed, seeks employment, or volunteers with a contracted provider or subcontractor in a position that necessitates close proximity to youth when providing services on behalf of the office shall:
(1) Submit to the office a sworn statement indicating whether the individual has ever been convicted of an offense for which incarceration is a sentencing option;
(2) Be subject to criminal history record checks through the Hawaii criminal justice data center in accordance with section 846-2.7. An annual name inquiry shall be conducted in the state criminal history record files; and
(3) Provide to the office written consent for the office or its designee to obtain criminal history record information for verification.
Information obtained pursuant to this section shall be used exclusively by the office for purposes of determining whether a person is suitable for working or volunteering in a position that necessitates close proximity to youth when providing contracted services on behalf of the office, or in conjunction with services provided for youth at the Hawaii youth correctional facility, while in custody, on furlough, or on parole. All such decisions shall be subject to any applicable federal laws and regulations.
(c) The office may require the contracted provider or subcontractor to refuse employment to an applicant for employment, terminate the employment of an employee, or terminate the services of a volunteer if:
(1) The employee, prospective employee, or volunteer of the contracted provider or subcontractor has been convicted of an offense for which incarceration is a sentencing option; and
(2) The office finds that the criminal history record of the employee, prospective employee, or volunteer of the contracted provider or subcontractor indicates that the employee, prospective employee, or volunteer may pose a risk to the health, safety, or well-being of youth receiving direct services by that employee, prospective employee, or volunteer.
(d) For the purposes of this section:
"Prospective employee" means any applicant for a position with a contracted provider or subcontractor that provides direct services to youth on behalf of the office.
"Provider" means any organization that or individual who enters into, or intends to enter into, a contract with or is currently contracted by the office to provide direct services to youth. The term includes all individuals who are authorized to provide direct services to youth under the contract with the organization or individual.
"Subcontractor" means any organization that or individual who enters into, or intends to enter into, a contract or agreement with a contracted provider to provide direct services to youth. The term includes all persons who may provide direct services to youth under the contract with the organization or individual.
"Volunteer" means any individual who provides, or intends to provide, direct services to youth on a non-compensatory basis.
(e) Notwithstanding any other law to the contrary, the office shall be exempt from section 831-3.1 for purposes of this section and need not conduct its investigations, notifications, or hearings in accordance with chapter 91.
[L 2006, c 131, §1; am L 2008, c 136, §6]
(a) To determine the effectiveness of substance abuse treatment services and maintain accurate numbers of individuals receiving publicly funded substance abuse treatment, the office shall comply with the requirements of the statewide substance abuse treatment monitoring program established by the department of health under section 321-192.5. The office shall collect data in accordance with section 321-192.5 from any provider of substance abuse treatment that provides substance abuse treatment to youths served through public funds administered by the office.
(b) The office shall include in the contract with any treatment provider all criteria established by the department of health pursuant to section 321-192.5 to determine whether the treatment provider is achieving success in treating individuals with substance abuse.
(c) The office shall include the information collected under subsection (a) as part of the annual report submitted pursuant to section 352D-6.
(d) This section shall not be construed to abrogate an individual's right to privacy. The office shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section.
[L 2004, c 40, §25]
(a) The office of youth services shall be headed by an executive director who shall be appointed by the governor without regard to chapter 76. The executive director may appoint such other staff as may be necessary to carry out the duties of the office of youth services.
(b) The executive director, for the administration of the Juvenile Justice Delinquency Prevention Act, may employ any other staff without regard to chapter 76.
[L 1989, c 375, pt of §1; am L 1993, c 318, §2; am L 2000, c 253, §150]
The office of youth services shall be composed of such divisions and sections as are deemed necessary by the director to:
(1) Provide diagnostic evaluation, treatment, and rehabilitation services for all youths referred to services provided by the office or placed in the office's custody by the family court;
(2) Provide supervision and counseling services for youth in shelter or correctional facilities under the office's jurisdiction, including community-based facilities;
(3) Provide educational, vocational-educational, and other programs to effectively occupy the time of the youth placed in a facility under the office's jurisdiction which promote the development of self-esteem and useful skills to prepare youths in becoming productive members of the community;
(4) Provide continuous program planning, development, and coordination of youth services, including the coordination with other government and private social service agencies that work with youths to ensure that a full-range of programs is available and that such programs are consistent with the policy of this chapter and are not unnecessarily duplicative or conflicting;
(5) Provide prevention services to include a comprehensive intake/assessment and information/referral system throughout the State which shall access services to youth and their families;
(6) Provide a case management system based on the individual needs of youth which shall provide for in-depth client assessment, appropriate service planning, and client advocacy;
(7) Provide for the implementation of chapter 352, youth correctional facilities and other needed correctional services, including ensuring that these facilities and services meet the present and future needs of youth under the jurisdiction of the youth correctional facilities;
(8) Facilitate the development of and, when appropriate, provide for training programs for persons offering services to youth at risk;
(9) Provide for technical assistance and consultation to providers and potential providers;
(10) Seek, apply for, and encourage the use of all federal funds for youth services and facilitate the coordination of federal, state, and local policies concerning services for youth;
(11) Prepare and submit an annual report to the governor and the legislature. This report shall include, but not be limited to, a review of the status of youth services within the State, recommendations for priorities for the development and coordination of youth services; and
(12) Monitor, evaluate, and audit all grants under chapter 42F, and purchase of services under chapter 103F which relate to the office of youth services.
[L 1989, c 375, pt of §1; am L 1990, c 34, §22; am L 1991, c 151, §2 and c 335, §12; am L 2014, c 96, §20]
(a) Beginning July 1, 1991, the office of youth services shall create, develop, and operate youth service centers throughout the State, including one or more in each county and including the Kawailoa youth and family wellness center created pursuant to section 352D-7.5. This may be done either directly or by contract with private parties. Delinquency prevention shall be a primary objective of these centers. The population eligible for services at the centers shall be all youths in need of services and all young adults at risk. All referrals and admissions to a youth services center shall be voluntary. Centers shall also develop individualized intake capabilities, program plans, delivery of services, and a comprehensive referral network. The objectives of the youth service centers shall be to:
(1) Develop and implement programs in delinquency prevention;
(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system;
(3) Develop an improved system of intake, assessment, and follow-up for youths including youth at risk, and for young adults at risk; and
(4) Provide better coordination of juvenile justice and nonjuvenile justice services in order to reduce overlaps and gaps in services.
(b) Each center shall:
(1) Be responsible for coordinating all services, justice system or non-justice system, both public and private, to the youth and young adults referred to it; and
(2) Be responsive to the needs of its immediate community and offer an array of services that are tailored to the needs of its constituents.
(c) Every youth and young adult referred to a youth services center shall be appropriately placed with a service provider and provided services as soon as possible. The center shall develop procedures that will ensure that appropriate service providers are available on a twenty-four hour basis for each youth and young adult. The center may contract with service providers for provision of services.
(d) Each youth service center shall maintain a registry of every youth and young adult referred to it and shall monitor and supervise the follow-up services that are provided to the youth or young adult. Each center shall be primarily responsible to ensure that each youth is fully diverted from the juvenile justice system.
[L 1989, c 375, pt of §1; am L 2001, c 253, §2; am L 2018, c 208, §6]
(a) The office of youth services may create and develop a central youth service center known as the Kawailoa youth and family wellness center at the site of the Hawaii youth correctional facilities. The office of youth services may grant to the Hawaii youth correctional facilities the authority to operate and maintain the Kawailoa youth and family wellness center; provided that opportunities may be given to existing state Hawaii youth correctional facilities civil service employees to participate in the services and programs, as specified in subsection (d), including discussing long-term plans for employment and training opportunities to contribute professionally to the program.
(b) A primary objective of the Kawailoa youth and family wellness center shall be to prevent delinquency, as specified in section 352D-7.
(c) The other objectives of the Kawailoa youth and family wellness center shall be to:
(1) Offer residential programs in delinquency prevention, including youth services, as defined in section 352D-3;
(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system; and
(3) Develop an improved system of intake, assessment, and follow-up for youth at risk and young adults at risk.
(d) The Kawailoa youth and family wellness center services and programs may include but shall not be limited to mental health services and programs, substance abuse treatment programs, crisis shelters for homeless youth, crisis shelters for victims of human and sex trafficking, vocational training, group homes, day treatment programs, aftercare, independent and family counseling services, educational services, and other services and programs that may be required to meet the needs of youth or young adults.
(e) All youth at risk and all young adults at risk shall be eligible for services at the Kawailoa youth and family wellness center.
[L 2018, c 208, §2]
[Repealed]
[L 1996, c 13, §19]
(a) There shall be established a regional advisory board located in each county and they shall be called the Hawaii, Kauai, Maui, and Oahu regional advisory boards, respectively. The office shall provide staff support for each board. Each board shall elect annually from among its members a chairperson who shall preside at its regular meetings. Each board shall be composed of eleven voting members. Each board's membership shall include four lay persons, of which two shall possess knowledge of youth services, all appointed by the governor as provided in section 26 - 34.
The Oahu regional advisory board shall include the superintendent of education, the public defender, the directors of human services and health, the police chief and the prosecuting attorney of the city and county of Honolulu, and the senior family court judge of the first circuit, or their designees.
The other regional advisory boards shall include the county's chief of police and prosecuting attorney, a deputy public defender, a family court judge, and one representative from each of the following departments of education, human services, and health, who shall be selected by their respective directors, or their designees.
All board members shall be residents of the county in which the regional advisory board to which they are appointed is located, and shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties.
(b) There shall be a combined meeting of all boards at least once a year. Each regional board shall advise the office on:
(1) General policies relating to the youth service system, including but not limited to planning, integration, development, and coordination to effectuate the purposes of this chapter;
(2) Monitoring and evaluating youth services as they relate to the coordination and integration of the youth service system within its region; and
(3) Any pertinent issue related to the youth service system within its region.
[L 1991, c 258, pt of §2]
The executive director shall appoint a regional director in each county. Each regional director shall be exempt from chapter 76, and shall answer to the executive director. The regional director shall:
(1) Oversee the youth services centers located in the director's region;
(2) Assist the executive director in coordinating, monitoring, and evaluating all programs and activities operated by the office within its region;
(3) Advise the executive director on any pertinent issue related to the youth service system within the director's region; and
(4) Provide staff support for the regional advisory board located in the director's region.
[L 1991, c 258, pt of §2; am L 2000, c 253, §150]
(a) There is established within the office of youth services, for administrative purposes only, a youth commission to advise the governor and legislature on the effects of legislative policies, needs, assessments, priorities, programs, and budgets concerning the youth of the State.
(b) The commission shall:
(1) Respond to requests for comment and recommendation on matters referred to it by the governor or legislature;
(2) Conduct research and community outreach regarding the needs of the youth of Hawaii, including but not limited to increasing youth participation in government and public policy;
(3) Make recommendations addressing the concerns and needs of the youth of Hawaii; and
(4) Report to the governor and legislature the activities, goals, and accomplishments of the commission by July 1 of each calendar year beginning on July 1, 2019.
(c) The youth commission shall consist of fifteen members between the ages of fourteen and twenty-four and shall not be subject to section 26-34. Of the members:
(1) Five members shall be appointed by the governor; provided that the governor shall ensure that each county is represented by at least one appointee; provided further that the governor shall ensure that at least one member is a previous recipient of youth services;
(2) Five members shall be appointed by the president of the senate; and
(3) Five members shall be appointed by the speaker of the house of representatives;
provided that the president of the senate and the speaker of the house of representatives shall appoint members representing the diversity of the State.
(d) Each member shall be appointed for a term of two years; provided that the initial terms of the appointed members shall be staggered as follows:
(1) Six members, two each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve three-year terms;
(2) Six members, two each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve two-year terms; and
(3) Three members, one each appointed by the governor, the president of the senate, and the speaker of the house of representatives, to serve one-year terms.
(e) The youth commission shall annually elect a chairperson.
(f) A majority of the members appointed to the youth commission shall constitute a quorum to do business. Any action taken by the commission shall be validated by a simple majority of the quorum.
(g) The youth commission members may invite other individuals to participate in commission activities as temporary, nonvoting members.
(h) If the governor, president of the senate, or speaker of the house of representatives fails to appoint a member to the youth commission for any reason within six months after a vacancy occurs, the commission by a majority vote may appoint a person who satisfies the requirements of this section to the commission to fill the vacancy.
[L 2018, c 106, §2; am L 2023, c 135, §1]
[ §352D-12] Safe spaces for youth program; establishment; reports. (a) There is established within the office of youth services a safe spaces for youth program, which shall provide, subject to the availability of funds, safe spaces in each county for youth and young adults experiencing homelessness or at risk of homelessness.
(b) The program shall collaborate with all departments of the State and its political subdivisions that offer services for the purpose of ensuring the well-being of youth and young adults in Hawaii, including the department of education, department of corrections and rehabilitation, department of health, department of human services, department of land and natural resources, department of law enforcement, state office on homelessness and housing solutions, county police departments and other agencies, and judiciary, to coordinate the identification of youth and young adults who are experiencing homelessness, and placement of these youth and young adults at a shelter for homeless youth or young adults.
(c) The office of youth services may enter into contracts with nonprofit organizations to provide services for youth or young adults experiencing homelessness or who are at risk of homelessness. Any nonprofit organization contracted under this subsection shall have the knowledge, experience, and qualifications, including licenses as needed for child caring institutions, and other requirements to operate a shelter for homeless youth or young adults experiencing homelessness or at risk of homelessness. Youth under the age of eighteen shall not be sheltered with young adults age eighteen to twenty-four.
(d) Notwithstanding any other law to the contrary, a shelter for homeless youth or young adults contracted under subsection (c) may admit a youth into the shelter's care for up to ninety days without the consent of the youth's parent or guardian.
(e) The office shall submit a report pertaining to the safe spaces for youth program to the legislature no later than twenty days prior to the convening of each regular session.
(f) The office may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.
(g) For the purposes of this section, "shelter for homeless youth or young adults" means a facility that operates to receive youth or young adults twenty-four hours a day, seven days a week, and provide youth or young adults with services, including:
(1) Overnight lodging and supervision;
(2) Hot meals and hot showers;
(3) Access to medical and behavioral health services; and
(4) Education and employment support.
[L 2025, c 297, §2]
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