State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-153

Part 6. Social ServicesCommission.

§ 143B‑153.  SocialServices Commission – creation, powers and duties.

There is hereby created theSocial Services Commission of the Department of Health and Human Services withthe power and duty to adopt rules and regulations to be followed in the conductof the State's social service programs with the power and duty to adopt, amend,and rescind rules and regulations under and not inconsistent with the laws ofthe State necessary to carry out the provisions and purposes of this Article.Provided, however, the Department of Health and Human Services shall have thepower and duty to adopt rules and regulations to be followed in the conduct ofthe State's medical assistance program.

(1)        The Social ServicesCommission is authorized and empowered to adopt such rules and regulations thatmay be necessary and desirable for the programs administered by the Departmentof Health and Human Services as provided in Chapter 108A of the GeneralStatutes of the State of North Carolina.

(2)        The Social ServicesCommission shall have the power and duty to establish standards and adopt rulesand regulations:

a.         For the programs ofpublic assistance established by federal legislation and by Article 2 ofChapter 108A of the General Statutes of the State of North Carolina with theexception of the program of medical assistance established by G.S. 108A‑25(b);

b.         To achieve maximumcooperation with other agencies of the State and with agencies of other statesand of the federal government in rendering services to strengthen and maintainfamily life and to help recipients of public assistance obtain self‑supportand self‑care;

c.         For the placementand supervision of dependent juveniles and of delinquent juveniles who areplaced in the custody of the Department of Juvenile Justice and DelinquencyPrevention, and payment of necessary costs of foster home care for needy andhomeless children as provided by G.S. 108A‑48;

d.         For the payment ofState funds to private child‑placing agencies as defined in G.S. 131D‑10.2(4)and residential child care facilities as defined in G.S. 131D‑10.2(13)for care and services provided to children who are in the custody or placementresponsibility of a county department of social services. The Commission shallestablish standardized rates for child caring institutions. In establishingstandardized rates, the Commission shall consider the rate‑settingrecommendations provided by the Office of the State Auditor; and

e.         For clientassessment and independent case management pertaining to the functions ofcounty departments of social services for public assistance programs authorizedunder paragraph a. of this subdivision.

(2a)      The Social ServicesCommission shall have the power and duty to establish standards and adopt rulesand regulations:

a.         For social servicesprograms established by federal legislation and by Article 3 of G.S. Chapter108A;

b.         For implementationof Title XX of the Social Security Act, except for Title XX services providedsolely through the Division of Mental Health, Developmental Disabilities, andSubstance Abuse Services, by promulgating rules and regulations in thefollowing areas:

1.         Eligibility for allservices established under a Comprehensive Annual Services Plan, as required byfederal law;

2.         Standards toimplement all services established under the Comprehensive Annual ServicesPlan;

3.         Maximum rates ofpayment for provision of social services;

4.         Fees for services tobe paid by recipients of social services;

5.         Designation ofcertain mandated services, from among the services established by the Secretarybelow, which shall be provided in each county of the State; and

6.         Title XX servicesfor the blind, after consultation with the Commission for the Blind.

Provided, that the Secretary is authorized topromulgate all other rules in at least the following areas:

1.         Establishment,identification, and definition of all services offered under the ComprehensiveAnnual Services Plan;

2.         Policies governingthe allocation, budgeting, and expenditures of funds administered by theDepartment;

3.         Contracting for andpurchasing services; and

4.         Monitoring foreffectiveness and compliance with State and federal law and regulations.

(3)        The Social ServicesCommission shall have the power and duty to establish and adopt standards:

a.         For the inspectionand licensing of maternity homes as provided by G.S. 131D‑1;

b.         Repealed by SessionLaws 1999‑334, s. 3.5, effective October 1, 1999.

c.         For the inspectionand licensing of child‑care institutions as provided by G.S. 131D‑10.5;

d.         For the inspectionand operation of jails or local confinement facilities as provided by G.S. 153A‑220and Article 2 of Chapter 131D of the General Statutes of the State of NorthCarolina;

e.         Repealed by SessionLaws 1981, c. 562, s. 7.

f.          For the regulationand licensing of charitable organizations, professional fund‑raisingcounsel and professional solicitors as provided by Chapter 131D of the GeneralStatutes of the State of North Carolina.

(4)        The Social ServicesCommission shall have the power and duty to authorize investigations of socialproblems, with authority to subpoena witnesses, administer oaths, and compelthe production of necessary documents.

(5)        The Social ServicesCommission shall have the power and duty to ratify reciprocal agreements withagencies in other states that are responsible for the administration of publicassistance and child welfare programs to provide assistance and service to theresidents and nonresidents of the State.

(6)        The Commission isauthorized and empowered to adopt such rules and regulations, not inconsistentwith the laws of this State, as may be required by the federal government ofgrants‑in‑aid for social services purposes which may be madeavailable for the State by the federal government. This section is to beliberally construed in order that the State and its citizens may benefit fromsuch grants‑in‑aid.

(7)        The Commission shalladopt rules and regulations consistent with the provisions of this Chapter. Allrules and regulations not inconsistent with the provisions of this Chapterheretofore adopted by the Board of Social Services shall remain in full forceand effect unless and until repealed or superseded by action of the SocialServices Commission. All rules and regulations adopted by the Commission shallbe enforced by the Department of Health and Human Services.

(8)        The Commission mayestablish by regulation, except for Title XX services provided solely throughthe Division of Mental Health, Developmental Disabilities, and Substance AbuseServices, rates or fees for:

a.         A fee schedule forthe payment of the costs of necessary child care in licensed facilities andregistered plans for minor children of needy families.

b.         A fee schedule forthe payment by recipients for services which are established in accordance withTitle XX of the Social Security Act and implementing regulations; and

c.         The payment of anadministrative fee not to exceed two hundred dollars ($200.00) to be paid bypublic or nonprofit agencies which employ students under the Plan AssuringCollege Education (PACE) program.

d.         Child supportenforcement services as defined by G.S. 110‑130.1. (1973, c. 476, s. 134; 1975,c. 747, s. 2; 1977, c. 674, s. 7; 1977, 2nd Sess., c. 1219, ss. 26, 27; 1981,c. 275, s. 5; c. 562, s. 7; c. 961, ss. 1‑3; 1983, c. 278, ss. 1, 2; c.527, s. 2; 1985, c. 206; c. 479, s. 96; c. 689, s. 29f; 1991, c. 462, s. 1; c.636, s. 19(d); c. 689, s. 105; c. 761, s. 28; 1993, c. 553, s. 46; 1995, c.449, s. 4; c. 535, s. 32; 1997‑443, s. 11A.118(a); 1997‑456, s. 22;1997‑506, s. 55; 1998‑202, s. 4(z); 1999‑334, s. 3.5; 2000‑111,s. 4; 2000‑137, s. 4(dd); 2000‑140, s. 99(a); 2006‑66, s.10.2(c).)