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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