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SOCIAL SERVICES COMMISSION STATUTES

                         Part 6. Social Services Commission.
§ 143B-153.  Social Services Commission - creation, powers and
       duties.
  There is hereby created the Social Services Commission of
the Department of Health and Human Services with the power and
duty to adopt rules and regulations to be followed in the conduct
of 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 of the State necessary to carry out
the provisions and purposes of this Article. Provided, however,
the Department of Health and Human Services shall have the power
and duty to adopt rules and regulations to be followed in the
conduct of the State's medical assistance program.
       (1)  The Social Services Commission is authorized and
            empowered to adopt such rules and regulations that
            may be necessary and desirable for the programs
            administered by the Department of Health and Human
            Services as provided in Chapter 108A of the General
            Statutes of the State of North Carolina.
       (2)  The Social Services Commission shall have the power
            and duty to establish standards and adopt rules and
            regulations:
            a.   For the programs of public assistance
                 established by federal legislation and by
                 Article 2 of Chapter 108A of the General
                 Statutes of the State of North Carolina with
                 the exception of the program of medical
                 assistance established by G.S. 108A-25(b);
            b.   To achieve maximum cooperation with other
                 agencies of the State and with agencies of
                 other states and of the federal government in
                 rendering services to strengthen and maintain
                 family life and to help recipients of public
                 assistance obtain self-support and self-care;
            c.   For the placement and supervision of dependent
                 juveniles and of delinquent juveniles who are
                 placed in the custody of the Department of
                 Juvenile Justice and Delinquency Prevention,
                 and payment of necessary costs of foster home
                 care for needy and homeless children as
                 provided by G.S. 108A-48;
            d.   For the payment of State 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 placement responsibility of a county
                 department of social services; and
            e.   For client assessment and independent case
                 management pertaining to the functions of
                 county departments of social services for
                 public assistance programs authorized under
                 paragraph a. of this subdivision.
       (2a) The Social Services Commission shall have the power
            and duty to establish standards and adopt rules and
            regulations:
            a.   For social services programs established by
                 federal legislation and by Article 3 of G.S.
                 Chapter 108A;
            b.   For implementation of Title XX of the Social
                 Security Act, except for Title XX services
                 provided solely through the Division of Mental
                 Health, Developmental Disabilities, and
                 Substance Abuse Services, by promulgating rules
                 and regulations in the following areas:
                 1.   Eligibility for all services established
                      under a Comprehensive Annual Services
                      Plan, as required by federal law;
                 2.   Standards to implement all services
                      established under the Comprehensive Annual
                      Services Plan;
                 3.   Maximum rates of payment for provision of
                      social services;
                 4.   Fees for services to be paid by recipients
                      of social services;
                 5.   Designation of certain mandated services,
                      from among the services established by the
                      Secretary below, which shall be provided
                      in each county of the State; and
                 6.   Title XX services for the blind, after
                      consultation with the Commission for the
                      Blind.
                 Provided, that the Secretary is authorized to
                 promulgate all other rules in at least the
                 following areas:
                 1.   Establishment, identification, and
                      definition of all services offered under
                      the Comprehensive Annual Services Plan;
                 2.   Policies governing the allocation,
                      budgeting, and expenditures of funds
                      administered by the Department;
                 3.   Contracting for and purchasing services;
                      and
                 4.   Monitoring for effectiveness and
                      compliance with State and federal law and
                      regulations.
       (3)  The Social Services Commission shall have the power
            and duty to establish and adopt standards:
            a.   For the inspection and licensing of maternity
                 homes as provided by G.S. 131D-1;
            b.   Repealed by Session Laws 1999-334, s. 3.5,
                 effective October 1, 1999.
            c.   For the inspection and licensing of child-care
                 institutions as provided by G.S. 131D-10.5;
            d.   For the inspection and operation of jails or
                 local confinement facilities as provided by
                 G.S. 153A-220 and Article 2 of Chapter 131D of
                 the General Statutes of the State of North
                 Carolina;
            e.   Repealed by Session Laws 1981, c. 562, s. 7.
            f.   For the regulation and licensing of charitable
                 organizations, professional fund-raising
                 counsel and professional solicitors as provided
                 by Chapter 131D of the General Statutes of the
                 State of North Carolina.
       (4)  The Social Services Commission shall have the power
            and duty to authorize investigations of social
            problems, with authority to subpoena witnesses,
            administer oaths, and compel the production of
            necessary documents.
       (5)  The Social Services Commission shall have the power
            and duty to ratify reciprocal agreements with
            agencies in other states that are responsible for
            the administration of public assistance and child
            welfare programs to provide assistance and service
            to the residents and nonresidents of the State.
       (6)  The Commission is authorized and empowered to adopt
            such rules and regulations, not inconsistent with
            the laws of this State, as may be required by the
            federal government of grants-in-aid for social
            services purposes which may be made available for
            the State by the federal government. This section is
            to be liberally construed in order that the State
            and its citizens may benefit from such grants-in-
            aid.
       (7)  The Commission shall adopt rules and regulations
            consistent with the provisions of this Chapter. All
            rules and regulations not inconsistent with the
            provisions of this Chapter heretofore adopted by the
            Board of Social Services shall remain in full force
            and effect unless and until repealed or superseded
            by action of the Social Services Commission. All
            rules and regulations adopted by the Commission
            shall be enforced by the Department of Health and
            Human Services.
       (8)  The Commission may establish by regulation, except
            for Title XX services provided solely through the
            Division of Mental Health, Developmental
            Disabilities, and Substance Abuse Services, rates or
            fees for:
            a.   A fee schedule for the payment of the costs of
                 necessary child care in licensed facilities and
                 registered plans for minor children of needy
                 families.
            b.   A fee schedule for the payment by recipients
                 for services which are established in
                 accordance with Title XX of the Social Security
                 Act and implementing regulations; and
            c.   The payment of an administrative fee not to
                 exceed two hundred dollars ($200.00) to be paid
                 by public or nonprofit agencies which employ
                 students under the Plan Assuring College
                 Education (PACE) program.
            d.   Child support enforcement 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).)
  
§ 143B-153.1.  Repealed by Session Laws 1983, c. 883, s. 2,
       effective July 20, 1983.
  
§ 143B-154.  Social Services Commission - members; selection;
       quorum; compensation.
  The Social Services Commission of the Department of Health
and Human Services shall consist of one member from each
congressional district in the State, all of whom shall be
appointed by the Governor for four-year terms.
  The initial members of the Commission shall be the appointed
members of the current Social Services Commission who shall serve
for the remainder of their current terms and four additional
members appointed by the Governor for terms expiring April 1,
1981. Any appointment to fill a vacancy on the Commission created
by the resignation, dismissal, death, removal or disability of a
member shall be for the balance of the unexpired term.
  In the event that more than 11 congressional districts are
established in the State, the Governor shall on July 1 following
the establishment of such additional congressional districts
appoint a member of the Commission from that congressional
district.
  The Governor shall have the power to remove any member of the
Commission from office for misfeasance, malfeasance, or
nonfeasance in accordance with the provisions of G.S. 143B-13 of
the Executive Organization Act of 1973.
  The members of the Commission shall receive per diem and
necessary travel and subsistence expenses in accordance with the
provisions of G.S. 138-5.
  A majority of the Commission shall constitute a quorum for the
transaction of business.
  All clerical and other services required by the Commission
shall be supplied by the Secretary of Health and Human Services.
(1973, c. 476, s. 135; 1977, c. 516; 1981 (Reg. Sess., 1982), c.
1191, s. 77; 1997-443, s. 11A.118(a).)
  
§ 143B-155.  Social Services Commission - regular and special
       meetings.
  The Social Services Commission shall meet at least once in
each quarter and may hold special meetings at any time and place
within the State at the call of the chairman or upon the written
request of at least four members. (1973, c. 476, s. 136.)
  
§ 143B-156.  Social Services Commission - officers.
  The Commission for Social Services shall have a chairman
and a vice-chairman. The chairman shall be designated by the
Governor from among the members of the Commission to serve as
chairman at his pleasure. The vice-chairman shall be elected by
and from the members of the Commission and shall serve for a term
of two years or until the expiration of his regularly appointed
term. (1973, c. 476, s. 137.)

 

 

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