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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

                 councils 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.

 

§ 108A.1-108A.9.  Duties and Responsibilities.

  The Commission appoints members (one or two for three or five member boards) to the County Boards of Social Services in those counties that have retained the Department of Social Services Board structure.

 

§ 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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