State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-115_1

§ 122C‑115.1.  Countygovernance and operation of mental health, developmental disabilities, andsubstance abuse services program.

(a)        A county mayoperate a county program for mental health, developmental disabilities, andsubstance abuse services as a single county or, pursuant to Article 20 ofChapter 160A of the General Statutes, may enter into an interlocal agreementwith one or more other counties for the operation of a multicounty program. Aninterlocal agreement shall provide for the following:

(1)        Adoption andadministration of the program budget in accordance with Chapter 159 of theGeneral Statutes.

(2)        Appointment of aprogram director to carry out the provisions of G.S. 122C‑111 and dutiesand responsibilities delegated by the county. Except when specifically waivedby the Secretary, the program director shall meet all the following minimumqualifications:

a.         Masters degree.

b.         Related experience.

c.         Managementexperience.

d.         Any otherqualifications required under G.S. 122C‑120.1.

(3)        Repealed by SessionLaws 2006‑66, s. 10.32(e), effective July 1, 2007.

(4)        Compliance with theprovisions of this Chapter and the rules of the Commission and the Secretary.

(5)        Written notificationto the Secretary prior to the termination of the interlocal agreement.

(6)        Appointment of anadvisory committee. The interlocal agreement shall designate a county managerto whom the advisory committee shall report. The interlocal agreement shallalso designate the appointing authorities. The appointing authorities shall makeappointments that take into account sufficient citizen participation, equitablerepresentation of the disability groups, and equitable representation ofparticipating counties. The membership shall conform to the requirementsprovided in G.S. 122C‑118.1.

(b)        Before establishinga county program pursuant to this section, a county board of commissionersshall hold a public hearing with notice published at least 10 days before thehearing.

(c)        A county shallensure that the county program and the services provided through the countyprogram comply with the provisions of this Chapter and the rules adopted by theCommission and the Secretary.

(d)        A county programshall submit on a quarterly basis to the Secretary and the board of countycommissioners service delivery reports that assess the quality and availabilityof public services within the county program's catchment area. The servicedelivery reports shall include the types of services delivered, number ofrecipients served, and services requested but not delivered due to staffing,financial, or other constraints. In addition, at least annually, a progressreport shall be submitted to the Secretary and the board of countycommissioners. The progress report shall include an assessment of the progressin implementing local service plans, goals, and outcomes. All reports shall bein a format and shall contain any additional information required by theSecretary or board of county commissioners.

(e)        Within 30 days ofthe end of each quarter of the fiscal year, the program director and financeofficer of the county program shall present to each member of the board ofcounty commissioners a budgetary statement and balance sheet that details theassets, liabilities, and fund balance of the county program. This informationshall be read into the minutes of the meeting at which it is presented. Theprogram director or finance officer of the county program shall provide to theboard of county commissioners ad hoc reports as requested by the board ofcounty commissioners.

(f)         In a single‑countyprogram, the program director shall be appointed by the county manager. In amulticounty program, the program director shall be appointed in accordance withthe terms of the interlocal agreement.

Except when specificallywaived by the Secretary, the program director in a single county program shallmeet all the following minimum qualifications:

(1)        Masters degree.

(2)        Related experience.

(3)        Managementexperience.

(4)        Any otherqualifications required under G.S. 122C‑120.1.

(g)        In a single‑countyprogram, an advisory committee shall be appointed by the board of countycommissioners and shall report to the county manager. The appointments shalltake into account sufficient citizen participation, equitable representation ofthe disability groups, and equitable representation of participating counties.The membership shall conform to the requirements in G.S. 122C‑118.1. In amulticounty program, the advisory committee shall be appointed in accordancewith the terms of the interlocal agreement.

(h)        The county programmay contract to provide services to governmental or private entities, includingEmployee Assistance Programs.

(i)         Except asotherwise specifically provided, this Chapter applies to counties that providemental health, developmental disabilities, and substance abuse services througha county program. As used in the applicable sections of this Article, the terms"area authority", "area program", and "areafacility" shall be construed to include "county program". Thefollowing sections of this Article do not apply to county programs:

(1)        G.S. 122C‑115.3,122C‑116, 122C‑117, and 122C‑118.1.

(2)        G.S. 122C‑119and G.S. 122C‑119.1.

(3)        G.S. 122C‑120and G.S. 122C‑121.

(4)        G.S. 122C‑127.

(5)        G.S. 122C‑147.

(6)        G.S. 122C‑152and G.S. 122C‑153.

(7)        G.S. 122C‑156.

(8)        G.S. 122C‑158.(2001‑437,s. 1.9; 2006‑66, s. 10.32(e); 2006‑142, s. 4(f), (g), (i), (j).)