Hawaii DoH Rules of Practice and Procedure

http://hawaii.gov/health/about/rules/prac_proc.pdf

(Ed.) This was in MT’s blog about a month ago:  The above link gets you to the official docs.

“Here is the Hawaii statutes on the “FILED” and “ACCEPTED” on the COLB: Both 11-1-4(d) and 11-1-28> The statute specifically states that the date of filing is the date that a document is “RECEIVED” at the DoH office. O’s information was received or “FILED” on Aug. 8, 1961. It was never “ACCEPTED” by the Registrar….Obama’s COLB is still being “MAINTAINED” awaiting acceptance by the Hawaii State Registrar.
So much for Factcheck.org aka Annenberg doing real “fact-checking”. “
AND A LITTLE SNIP OF INFO:

As for the distinction between Vital records and public health statistic records (which distinction appears in HRS 338-18 (a) and (b); it appears that the former is the document and the latter is the information on the document.

I COULD SWEAR I HAD MORE THAN THIS ON THIS PAGE-HAVEN’T BEEN HERE IN SOME TIME THOUGH.  8/26/10

I just checked my “revisions” stats-and they show that I made 10 revisions on this page back in Nov. 09.  Where are the rest of them?  So, it would seem that I did indeed have more on this page at one time.  Out of 11 entries, only the stuff immediately above this commentary is still on my page.

The following was copied over from a obot blog, I’ve left their crap comments intact as it is fun to have a look at how they twist and squirm to try and make a thing fit into their narrative.  This is what the DDHL used to have on their website as instruction.  Sometime between June 8-10th, 2009, the wording was changed to the new instruction which does not include the words “original Certificate of Live Birth”.

Our speculation is that this was changed to support the HI officials claim that they no longer issue the Certificates of Live Birth, but only the abbreviated forms.  This being on the DHHL site but the lie to that claim, so this HAD to be changed.


Why the Department of Hawaii Home Lands Doesn’t Matter

Itooktheredpill repeats a canard that we’ve seen plenty of:

In order to process your application, DHHL [Department of Hawaiian Home Lands] utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.

When requesting a certified copy of your birth certificate from the Vital Records Section of DOH, let the clerk know you are requesting it “For DHHL Purposes,” and that you need a copy of the original Certificate of Live Birth and not the computer-generated Certification.

Posted by Itooktheredpill, January 13, 2009

This much is true; the Department of Hawaiian Home Lands does indeed require more than a computer-printed Certification of Live Birth. What the Birthers consistently, and intentionally, ignore is WHY the DHHL has this standard of proof.

The answer is, naturally, in the same DHHL manual that RedPill links to:

To be eligible to apply for a Hawaiian home lands homestead lease, you must meet two requirements:

– You must be at least 18 years of age; and
– You must be a native Hawaiian, defined as “any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.” This means, you must have a blood quantum of at least 50 percent Hawaiian.

So for this particular Hawaii department’s program, which is limited to homestead leases, you need to prove your genealogy, not just your birthplace. The manual goes on:

The general rule of thumb in determining 50 percent blood quantum is to submit enough documentation tracing your genealogy to your full Hawaiian ancestor(s). Some applicants need only go back two generations, that is, to their grandparents. Others may need to go back further, gathering pieces of information which eventually grow into a large family tree with roots beginning with full Hawaiian ancestors…

You will need the certified birth certificates for:
– Yourself;
– Your biological father; and
– Your biological mother.

That’s right: not only do you need your own certified birth certificate, you need certified birth certificates for BOTH of your parents. Again, only for this state program, and not for any other state purposes. The reason a computer-printed Certification is insufficient is because it only lists your parents’ names and races; when you need to prove your heritage, you need more than that. Importantly, a Hawaiian Certificate of Live Birth lists the newborn’s parents’ birthplaces, in addition to their ages and addresses.

And pause for a moment and think how many times in your life you’ve been asked to produce certified copies of your parents’ birth certificates. It doesn’t happen. That’s because this is a singularly unique program, with requirements you don’t see for normal state business. The only reason the DHHL has gotten singled as emblematic of Hawaiian policy is that it’s the one lonely little program that would require more than Obama’s provided.

Naturally, folks like Redpill conveniently ignore the fact that DHHL’s concern is with genealogy, not mere birthplace. They emphasize the requirement of a Certificate rather than a Certification, and claim that that requirement should be binding on Obama, but then they turn right around and black-out the DHHL requirement to produce parental birth certificates. To even pay lip service to that detail would serve only to shine a spotlight on the unique circumstances of the DHHL and their emphasis on family (not individual) birthplaces, and nobody in their right mind would expect a Presidential candidate to produce birth certificates for his parents to run for office. As with so much else, the Birthers pick and choose which details they want to shout from the rooftops, and which ones they want to bury.

HDOH stuff:

§338-18  Disclosure of records. (a)  To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.(b)  The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record.  The following persons shall be considered to have a direct and tangible interest in a public health statistics record:

(1)  The registrant;

(2)  The spouse of the registrant;

(3)  A parent of the registrant;

(4)  A descendant of the registrant;

(5)  A person having a common ancestor with the registrant;

(6)  A legal guardian of the registrant;

(7)  A person or agency acting on behalf of the registrant;

(8)  A personal representative of the registrant’s estate;

(9)  A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10)  Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child’s natural or legal parents;

(11)  A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

(12)  A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; and

(13)  A person who needs a death certificate for the determination of payments under a credit insurance policy.

(c)  The department may permit the use [of] the data contained in public health statistical records for research purposes only, but no identifying use thereof shall be made.

(d)  Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.

(e)  The department may permit persons working on genealogy projects access to microfilm or other copies of vital records of events that occurred more than seventy-five years prior to the current year.

(f)  Subject to this section, the department may direct its local agents to make a return upon filing of birth, death, and fetal death certificates with them, of certain data shown to federal, state, territorial, county, or municipal agencies.  Payment by these agencies for these services may be made as the department shall direct.

(g)  The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:

(1)  A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;

(2)  A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;

(3)  A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;

(4)  A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or

(5)  An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes. [L 1949, c 327, §22; RL 1955, §57-21; am L Sp 1959 2d, c 1, §19; am L 1967, c 30, §2; HRS §338-18; am L 1977, c 118, §1; am L 1991, c 190, §1; am L 1997, c 305, §5; am L 2001, c 246, §2]

Cross References

Rulemaking, see chapter 91.

New Index Data reference in the DOH website 8/26/10:

  1. Index Data
  2. Haw. Rev. Stat. §338-18(d) states, “Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.”  Refer to link above for HRS §338-18.

    Index data consisting of name and sex of the registrant, and type of event is made available to the public.  The director, in accordance with HRS §338-18(d), has not authorized any other data to be made available to the public.

    Index data referred to in HRS §338-18 from vital records in the State of Hawaii is available for inspection at the Department of Health’s Office of Health Status Monitoring at 1250 Punchbowl Street in Honolulu.  The public will be asked to provide identification and sign in to inspect the names and sex of all births, deaths and marriages that occurred in the state.  Data are maintained in bound copies by type of event with names listed alphabetically by last name.

    The index data regarding President Obama is:

    Birth Index
    Obama II, Barack Hussein
    Male

    To request a search for index data, provide a first and last name of the individual, and the type of event along with a self-addressed, stamped envelope.  Requests must be sent in writing to:

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: