§ 108A-74. County department failure to provide services; State intervention in or control of service delivery.
§ 108A‑74. Countydepartment failure to provide services; State intervention in or control ofservice delivery.
(a) Notwithstanding any other provision of law to the contrary,the Secretary of Health and Human Services may take action in accordance with thissection to ensure the delivery of child welfare services in accordance withState laws and applicable rules. As used in this section, the terms:
(1) "County department of social services" also meansthe consolidated human services agency, whichever applies;
(2) "County director of social services" also meansthe human services director, whichever applies; and
(3) "County board of social services" also means theconsolidated human services board, whichever applies.
(b) If the Secretary of Health and Human Services determinesthat a county department of social services is not providing child protectiveservices, foster care services, or adoption services in accordance with Statelaw and with applicable rules adopted by the Social Services Commission, or failsto demonstrate reasonable efforts to do so, then the Secretary, after providingwritten notification of intent to the county director of social services, tothe chair of the county board of commissioners, and to the chair of the countyboard of social services, and after providing them with an opportunity to beheard, may intervene in the particular service or services in question.Intervention includes, but is not limited to, the following activities:
(1) Sending staff of the Department of Health and Human Servicesto the county department of social services to provide technical assistance andto monitor the services being provided;
(2) Establishing a corrective plan of action to correctinappropriate policies and procedures; and
(3) Advising county personnel as to appropriate policies andprocedures.
If within 60 days of completion of the intervention activities, theSecretary finds that the county department of social services is not providingin accordance with State laws and applicable rules the particular service orservices for which intervention was initiated, or has not demonstratedreasonable efforts to do so, the Secretary shall withhold State and federalchild welfare services administrative funds until the particular service orservices are provided in accordance with State laws and applicable rules.
(c) If the Secretary determines that a county department ofsocial services is not providing child protective, foster care, or adoptionservices in accordance with State law and with applicable rules adopted by theSocial Services Commission, or fails to demonstrate reasonable efforts to doso, and the failure to provide the services poses a substantial threat to thesafety and welfare of children in the county who receive or are eligible toreceive the services, then the Secretary, after providing written notificationof intent to the chair of the county board of commissioners, to the chair ofthe county board of social services, and to the county director of socialservices, and after providing them with an opportunity to be heard, shallwithhold funding for the particular service or services in question and shallensure the provision of these services through contracts with public or privateagencies or by direct operation by the Department of Health and Human Services.
(d) In the event that the Secretary assumes control of servicedelivery pursuant to subsection (c) of this section, the county director ofsocial services shall be divested of all service delivery powers conferred uponthe director by G.S. 108A‑14 and other applicable State law as the powerspertain to the services in question. Upon assumption of control of servicedelivery, the Secretary may assign any of the powers and duties of the countydirector of social services to the Director of the Division of Social Servicesof the Department of Health and Human Services or to a contractor as theSecretary deems necessary and appropriate to continue the provision of theservices in the county.
(e) In the event the Secretary takes action under this section,the Department of Health and Human Services shall, in conjunction with thecounty board of commissioners, the county board of social services, and thecounty director of social services develop and implement a corrective plan ofaction. The Department of Health and Human Services shall also keep the chairof the county board of commissioners, the chair of the county board of socialservices, and the county director of social services informed of any ongoingconcerns or problems with the delivery of the services in question.
(f) Upon the Secretary taking action pursuant to subsection (c)of this section, county funding of the services in question shall continue andat no time during the period of time that the Secretary is taking action shall acounty withdraw funds previously obligated or appropriated for the services.Upon the Secretary's assumption of the control of service delivery, the countyshall also pay the nonfederal share of any additional cost that may be incurredto operate the services in question at the level necessary to comply fully withState law and Social Services Commission rules.
(g) During the period of time that the Secretary is takingaction pursuant to subsection (c) of this section, the Department of Health andHuman Services shall work with the county board of commissioners, the countyboard of social services, and the county director of social services, to enableservice delivery to be returned to the county if and when the Secretary hasdetermined that services can be provided by the county in accordance with Statelaw and applicable rules. (1997‑390, s. 10; 1997‑443, s. 11A.118(a).)