46-134

46-134. Powers and duties; expenditure;
limitation

A. The state department shall:

1. Administer all forms of public relief and assistance except those that by law
are administered by other departments, agencies or boards.

2. Administer child welfare activities, including:

(a) Importation of children.

(b) Licensing and supervising private and local public child caring agencies and
institutions.

(c) Providing the cost of care of:

(i) Children who are in temporary custody, are the subject of a dependency petition
or are adjudicated by the court as dependent and who are in out-of-home placement, except
state institutions.

(ii) Children who are voluntarily placed in out-of-home placement pursuant to
section 8-806.

(iii) Children who are the subject of a dependency petition or are adjudicated
dependent and who are in the custody of the department and ordered by the court pursuant
to section 8-845 to reside in an independent living program pursuant to section 8-521.

(d) Providing services for children placed in adoption.

(e) Providing the cost of care of unwed mothers who are under the age of eighteen
years during the period of their pregnancy and confinement in foster family homes or
institutions and when determined by the department to be economically eligible. Costs of
hospitalization and medical expenses attendant to the care of the mother and child shall
be excluded from any payments made under this subdivision.

3. For the purposes of paragraph 2, subdivision (c), develop and implement in
conjunction with the department of education and the department of juvenile corrections a
uniform budget format to be submitted by licensed child welfare agencies and approved
private special education schools. The budget format shall be developed in such a manner
that, at a minimum, residential and educational instructional costs are separate and
distinct budgetary items.

4. Develop a section of rehabilitation for the visually impaired that shall include
a sight conservation section, a vocational rehabilitation section in accordance with the
federal vocational rehabilitation act, a vending stand section in accordance with the
federal Randolph-Sheppard act and an adjustment service section that shall include
rehabilitation teaching and other social services deemed necessary, and shall cooperate
with similar agencies already established. The administrative officer and staff of the
section for the blind and visually impaired shall be employed only in the work of that
section.

5. Assist other departments, agencies and institutions of the state and federal
governments, when requested, by performing services in conformity with the purposes of
this title.

6. Act as agent of the federal government in furtherance of any functions of the
state department.

7. Carry on research and compile statistics relating to the entire public welfare
program throughout this state, including all phases of dependency and defectiveness.

8. Cooperate with the superior court in cases of delinquency and related problems.

9. Develop plans in cooperation with other public and private agencies for the
prevention and treatment of conditions giving rise to public welfare and social security
problems.

10. Make necessary expenditures in connection with the duties specified in
paragraphs 7, 8, 9, 15, 16 and 17.

11. Have the power to apply for, accept, receive and expend public and private gifts
or grants of money or property on the terms and conditions as may be imposed by the donor
and for any purpose provided for by this chapter.

12. Make rules, and take action necessary or desirable to carry out the provisions
of this title, that are not inconsistent with this title.

13. Administer any additional welfare functions required by law.

14. Provide the cost of care and transitional independent living services for a
person under twenty-one years of age pursuant to section 8-521.01.

15. Petition, as necessary to implement the case plan established under section
8-824 or 8-845, for the appointment of a guardian or a temporary guardian under title 14,
chapter 5 for children who are in custody of the department pursuant to court
order. Persons applying to be guardians or temporary guardians under this section shall
be fingerprinted. A foster parent or certified adoptive parent already fingerprinted is
not required to be fingerprinted again if he is the person applying to be the guardian or
temporary guardian.

16. If a tribal government elects to operate a cash assistance program in compliance
with the requirements of the United States department of health and human services, with
the review of the joint legislative budget committee, provide matching monies at a rate
that is consistent with the applicable fiscal year budget and that is not more than the
state matching rate for the aid to families with dependent children program as it existed
on July 1, 1994.

17. Furnish a federal, state or local law enforcement officer, at the request of the
officer, with the current address of any recipient if the officer furnishes the agency
with the name of the recipient and notifies the agency that the recipient is a fugitive
felon or a probation, parole or community supervision violator or has information that is
necessary for the officer to conduct the official duties of the officer and the location
or apprehension of the recipient is within these official duties.

18. In conjunction with Indian tribal governments, request a federal waiver from the
United States department of agriculture that will allow tribal governments that perform
eligibility determinations for temporary assistance for needy families programs to
perform the food stamp eligibility determinations for persons who apply for services
pursuant to section 36-2901, paragraph 6, subdivision (a). If the waiver is approved,
the state shall provide the state matching monies for the administrative costs associated
with the food stamp eligibility based on federal guidelines. As part of the waiver, the
department shall recoup from a tribal government all federal fiscal sanctions that result
from inaccurate eligibility determinations.

B. The total amount of state monies that may be spent in any fiscal year by the
state department for foster care as provided in subsection A, paragraph 2, subdivision
(c) of this section shall not exceed the amount appropriated or authorized by section
35-173 for that purpose. This section shall not be construed to impose a duty on an
officer, agent or employee of this state to discharge a responsibility or to create any
right in a person or group if the discharge or right would require an expenditure of
state monies in excess of the expenditure authorized by legislative appropriation for
that specific purpose.