Haw. Code R. § 17-1714.1-31

Current through September, 2024

Section 17-1714.1-31 - Documentary evidence of citizenship

(a) The following documentary evidence of citizenship is acceptable:

(1) U.S. passport, including a U.S. Passport Card issued by the Department of State, without regard to any expiration date as long as the passport or Card was issued without limitation;

(2) A certificate of U.S. citizenship;

(3) A certificate of naturalization;

(4) A valid state-issued driver's license if the state issuing the license requires proof of U.S. citizenship, or obtains and verifies a social security number from the applicant who is a citizen before issuing such license.

(5) Documentary evidence issued by a federally recognized Indian Tribe, by the Bureau of Indian Affairs within the U.S. Department of the Interior, and including Tribes located in a State that has an international border which:

(A) Identifies the federally recognized Indian Tribe that issued the document;

(B) Identifies the individual by name; and

(C) Confirms the individual's membership, enrollment, or affiliation with the Tribe.

(6) Documents described in paragraph (5) above include, but are not limited to:

(A) A Tribal enrollment card;

(B) A certificate of degree of Indian blood;

(C) A Tribal census document; and

(D) Documents on Tribal letterhead, issued under the signature of the appropriate Tribal official, that meet the requirements of paragraph (5).

(b) If documentary evidence of citizenship described in subsection (a) are unavailable, the following shall be accepted as satisfactory evidence to establish citizenship if also accompanied by an identity document listed in section 17-1714.1-4:

(1) U.S. public birth certificate showing birth in:

(A) One of the fifty states;

(B) The District of Columbia;

(C) Guam;

(D) American Samoa;

(E) Swain's Island;

(F) Puerto Rico (if born on or after January 13,1941);

(G) U.S. Virgin Islands (if born on or after January 17,1917);

(H) The Commonwealth of Northern Mariana Islands (CNMI) (if born on or after November 4, 1986);

(I) If the birth record document issued by the State, commonwealth, territory or local jurisdiction shows the individual was born in Puerto Rico, the U.S. Virgin Islands or the CNMI before these areas became part of the U.S., the individual may be a collectively naturalized citizen.

(2) Certification of report of birth, issued to a U.S. citizen who was born outside the U.S.;

(3) Report of birth abroad of a U.S. citizen;

(4) Certification of birth

(5) U.S. citizen identification card;

(6) Northern Marianas identification card, issued to a collectively naturalized citizen, who was born in the CNMI before November 4, 1986;

(7) Documentation that a child meets the requirements of section 101 of the Child Citizenship Act of 2000 ( 8 U.S.C. §1431 );

(8) Final adoption decree or if an adoption is not final, a statement from a state-approved adoption agency with child's name and U.S. place of birth;

(9) Evidence of U.S. civil service employment by the U.S. government before June 1, 1976;

(10) U.S. military record of service showing a U.S. place of birth;

(11) Verification with the Department of Homeland Security's Systematic Alien Verification for Entitlements (SAVE) database or any other process established by the Department of Homeland Security to verify an individual is a citizen;

(12) Medical records, including, but not limited to, hospital, clinic, or doctor records or admission papers from a nursing facility, skilled care facility, or other institution that indicate a U.S. place of birth;

(13) A life, health, or other insurance record that indicates a U.S. place of birth;

(14) An official religious record recorded in the U.S. showing the birth occurred in the U.S.;

(15) School records, including pre-school, Head Start and daycare, showing the child's name and a U.S. place of birth;

(16) A federal or State census record showing U.S. citizenship or a U.S. place of birth;

(17) At the department's option, a cross match with a State department of vital statistics documenting a record of birth;

(c) If the individual does not have one of the documents listed in subsections (a) or (b), submission of an affidavit signed by another individual who can reasonably attest to the individual's citizenship shall be accepted. The affidavit shall be signed under penalty of perjury and contain the individual's name, date of birth, place of U.S. birth, and does not have to be notarized.

(d) The department may rely on a verification of citizenship made by a federal agency or another State agency, without further documentation of citizenship or identity, if such verification was done on or after July 1, 2006.

(e) The department shall provide assistance to individuals who need assistance in securing satisfactory documentary evidence of citizenship in a timely manner.

(f) A photocopy, facsimile, scanned or other copy of a document shall be accepted to the same extent as an original document under this section, unless information on the submitted document is inconsistent with other information available to the department or the department otherwise has reason to question the validity of the document or the information on the document.

(g) An individual unable to furnish the required documents or an affidavit shall not be eligible for medical assistance.

Haw. Code R. § 17-1714.1-31

[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §§435.406, 435.407, 435.912, 435.930 ) (Imp: HRS § 346-14; 42 C.F.R. §§435.406, 435.407, 435.912, 435.930 )