State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-124_1

§ 122C‑124.1.  Actionsby the Secretary when area authority or county program is not providingminimally adequate services.

(a)        Notice ofLikelihood of Action. – When the Secretary determines that there is alikelihood of suspension of funding, assumption of service delivery ormanagement functions, or appointment of a caretaker board under this sectionwithin the ensuing 60 days, the Secretary shall so notify in writing the areaauthority board or the county program and the board of county commissioners ofthe area authority or county program. The notice shall state the particulardeficiencies in program services or administration that must be remedied toavoid action by the Secretary under this section. The area authority board orcounty program shall have 60 days from the date it receives notice under thissubsection to take remedial action to correct the deficiencies. The Secretaryshall provide technical assistance to the area authority or county program inremedying deficiencies.

(b)        Suspension of Funding;Assumption of Service Delivery or Management Functions. – If the Secretarydetermines that a county, through an area authority or county program, is notproviding minimally adequate services to persons in need in a timely manner, orfails to demonstrate reasonable efforts to do so, the Secretary, afterproviding written notification of the Secretary's intent to the area authorityor county program and to the board of county commissioners of the areaauthority or county program, and after providing the area authority or countyprogram and the boards of county commissioners of the area authority or countyprogram an opportunity to be heard, may:

(1)        Withhold funding forthe particular service or services in question from the area authority orcounty program and ensure the provision of these services through contractswith public or private agencies or by direct operation by the Department.

Uponsuspension of funding, the Department shall direct the development and overseeimplementation of a corrective plan of action and provide notification to thearea authority or county program and the board of county commissioners of thearea authority or county program of any ongoing concerns or problems with thearea authority's or county program's finances or delivery of services.

(2)        Assume control ofthe particular service or management functions in question or of the areaauthority or county program and appoint an administrator to exercise the powersassumed. This assumption of control shall have the effect of divesting the areaauthority or county program of its powers in G.S. 122C‑115.1 and G.S.122C‑117 and all other service delivery powers conferred on the areaauthority or county program by law as they pertain to this service ormanagement function. County funding of the area authority or county programshall continue when the State has assumed control of the catchment area or ofthe area authority or county program. At no time after the State has assumedthis control shall a county withdraw funds previously obligated or appropriatedto the area authority or county program.

Uponassumption of control of service delivery or management functions, theDepartment shall, in conjunction with the area authority or county program,develop and implement a corrective plan of action and provide notification tothe area authority or county program and the board of county commissioners ofthe area authority or county program of the plan. The Department shall alsokeep the area authority board and the board of county commissioners informed ofany ongoing concerns or problems with the delivery of services.

(c)        Appointment ofCaretaker Administrator. – In the event that a county, through an areaauthority or county program, fails to comply with the corrective plan of actionrequired when funding is suspended or when the State assumes control of servicedelivery or management functions, the Secretary, after providing writtennotification of the Secretary's intent to the area authority or county programand the applicable participating boards of county commissioners of the areaauthority or county program, shall appoint a caretaker administrator, acaretaker board of directors, or both.

The Secretary may assign anyof the powers and duties of the area director or program director or of thearea authority board or board of county commissioners of the area authority orcounty program pertaining to the operation of mental health, developmentaldisabilities, and substance abuse services to the caretaker board or to thecaretaker administrator as it deems necessary and appropriate to continue toprovide direct services to clients, including the powers as to the adoption ofbudgets, expenditures of money, and all other financial powers conferred on thearea authority or county program by law pertaining to the operation of mentalhealth, developmental disabilities, and substance abuse services. Countyfunding of the area authority or county program shall continue when the Statehas assumed control of the financial affairs of the program. At no time afterthe State has assumed this control shall a county withdraw funds previouslyobligated or appropriated to the area authority or county program. Thecaretaker administrator and the caretaker board shall perform all of thesepowers and duties. The Secretary may terminate the area director or programdirector when it appoints a caretaker administrator. Chapter 150B of theGeneral Statutes shall apply to the decision to terminate the area director orprogram director. Neither party to any such contract shall be entitled todamages. After a caretaker board has been appointed, the General Assembly shallconsider, at its next regular session, the future governance of the identifiedarea authority or county program.  (2001‑437, s. 1.13(b); 2008‑107, s. 10.15(ee).)