Haw. Code R. § 13-300-35 - Recognition of lineal and cultural descendants
(a) In order
to establish lineal or cultural descent to human skeletal remains, a person
shall submit a claim to the department together with any of the following
information:
(1) The name of the deceased
individual;
(2) Family
genealogy;
(3) Birth
certificates;
(4) Death
certificates;
(5)
Obituaries;
(6) Marriage
certificates;
(7) Probate
records;
(8) Church
records;
(9) Census
records;
(10) Tax
records;
(11) Land conveyance
documents including, but not limited to, deeds and land commission
awards;
(12) Oral family hi story;
or
(13) Any other applicable
information or records that help establish a lineal connection between the
claimant and the human skeletal remains.
(b) The department shall review all submitted
information and assess whether direct or collateral genealogical connections
can be demonstrated between the claimant and certain human skeletal
remains.
(c) The department shall
obtain a written statement from the claimant concerning the confidentiality of
any information submitted. No information shall be duplicated by the department
without prior written consent.
(d)
Where possible, the department shall compare submitted information with records
found at appropriate repositories including:
(1) State archives;
(2) State bureau of conveyances;
(3) Office of health status monitoring,
department of health;
(4) Family
History Centers of the Church of Jesus Christ of Latter-Day Saints;
or
(5) Any other appropriate
repository or source.
(e) The department shall have no longer than
thirty days from receipt of a written claim to review and assess the
information submitted. Upon completion, the department shall return all
information, unless the claimant indicates otherwise.
(f) With regard to Native Hawaiian skeletal
remains, the department shall provide the council with a written assessment of
the information submitted and a recommendation regarding recognition of the
claimant as a known lineal descendant. It shall be the decision of the council
to recognize the claimant as a known lineal descendant. The council shall give
preference for proper treatment of previously identified Native Hawaiian
skeletal remains and any burial goods to known lineal descendants.
(g) With regard to non Native Hawaiian
skeletal remains, the department shall provide the claimant with a written
assessment of the information submitted. It shall be the decision of the
department to recognize a non Native Hawaiian claimant as a known lineal
descendant. The department shall give preference for proper treatment of
previously identified non Native Hawaiian skeletal remains and any burial goods
to known lineal descendants.
(h)
Where the submitted information fails to establish lineal descent, but
establishes genealogical connections between the claimant and Native Hawaiian
ancestors who once resided or are buried or both, in the same ahupua'a or
district in which certain Native Hawaiian skeletal remains and any burial goods
are located or originated from, the department shall provide the council with a
written assessment and a recommendation regarding recognition of the claimant
as a cultural descendant. In the event the department does not recommend
recognition as a cultural descendant, the recommendation shall be deferral
pending submission of additional information. It shall be the decision of the
council whether to recognize the claimant as a cultural descendant. Testimony
by a recognized cultural descendant concerning proper treatment of Native
Hawaiian skeletal remains and any burial goods, shall be duly considered and
given appropriate weight by the council.
(i) Where the submitted information fails to
establish lineal descent but establishes that the non Native Hawaiian claimant
is the same ethnicity as the human skeletal remains, the department shall
provide the claimant with a written assessment and a decision regarding
recognition as a cultural descendant. In the event the department does not
determine to recognize the claimant as a cultural descendant, the department
shall defer the matter pending submission of additional information. Testimony
by a recognized cultural descendant concerning the proper treatment of non
Native Hawaiian skeletal remains and any burial goods shall be duly considered
and given appropriate weight by the department.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.