H145: Social Services Reform. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Rules
Committee


AN ACT to implement provisions related to social services reform.



The General Assembly of North Carolina enacts:



SECTION 1.(a)  G.S. 108A‑9 reads as rewritten:



§ 108A‑9.  Duties and responsibilities.



The county board of social services shall have the following duties and responsibilities:



(1)        To select the county director of social services according to the merit system rules of the North Carolina Human Resources Commission;Commission.



(2)        To advise county and municipal authorities in developing policies and plans to improve the social conditions of the community;community.



(3)        To consult with the director of social services about problems relating to his office, and to assist him in planning budgets for the county department of social services;services.



(4)        To transmit or present the budgets of the county department of social services for public assistance, social services, and administration to the board of county commissioners;commissioners.



(4a)      To attend education and training sessions provided for new board members during the first year they serve on the board.



(5)        To have such other duties and responsibilities as the General Assembly, the Department of Health and Human Services or the Social Services Commission or the board of county commissioners may assign to it.



SECTION 1.(b)  The Department of Health and Human Services, Division of Social Services, shall collaborate with key stakeholders, including the North Carolina Association of County Boards of Social Services, Association of North Carolina County Social Services Directors, North Carolina Association of County Commissioners, and the University of North Carolina School of Government, to create formal education and training sessions for new county board of social services members in accordance with G.S. 108A‑9(4a), as enacted in subsection (a) of this section. The education and training sessions shall include a segment on the potential liabilities of the county board of social services. The education and training sessions shall be available statewide by March 1, 2024.



SECTION 1.(c)  Subsection (b) of this section is effective when it becomes law. Subsection (a) of this section becomes effective October 1, 2023, and by October 1, 2025, all current county board of social services members must have participated in the education and training sessions provided in G.S. 108A‑9(4a).



SECTION 2.  The Administrative Office of the Courts shall conduct a feasibility and cost study of a proposed child support tribunal, with dedicated court officers to hear child support matters, using quasi‑judicial procedures. The study shall include, at a minimum, strategies to address funding, staffing, and a plan for how the proposed changes will be implemented. The Administrative Office of the Courts shall submit a report of its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2024.



SECTION 3.(a)  Part 2B of Article 1 of Chapter 108A of the General Statutes is amended by adding a new section to read:



§ 108A‑15.16.  Conflicts of interest.



When conflicts of interest arise in the provision of social services provided by county departments of social services, county departments of social services shall work expeditiously to resolve those conflicts consistent with applicable law and any policies and procedures established by the Department of Health and Human Services. Policies and procedures shall address county financial and practice responsibilities associated with conflicts of interest. Upon identifying a conflict of interest, the county shall notify the appropriate authority within the Department of Health and Human Services of the conflict. The Department of Health and Human Services shall have authority to make final decisions regarding conflicts of interest assignments when disputes arise, with regional staff having initial authority when a dispute arises between county departments of social services and central office staff having initial authority when disputes arise between regions. The Social Services Commission shall adopt rules regarding conflicts of interest management, including establishing reasonable and specific time lines for resolving conflicts of interest. For purposes of this section, a conflict of interest occurs when a county department of social services is not able to manage the adverse interests of two individuals that the department of social services owes a duty to serve, or because of a preexisting relationship between an individual and a county that results in a county department of social services' inability to objectively fulfill its statutory responsibilities, or when the provision of social services and duty owed by a county department of social services conflicts with services and the duty owed by another county department of social services.



SECTION 3.(b)  The Social Services Commission shall report to the Joint Legislative Oversight Committee on Health and Human Services upon adopting rules pursuant to G.S. 108A‑15.16, as enacted in subsection (a) of this section.



SECTION 4.  This act is effective when it becomes law.