§ 122C-117. Powers and duties of the area authority.
§ 122C‑117. Powers andduties of the area authority.
(a) The area authorityshall do all of the following:
(1) Engage incomprehensive planning, budgeting, implementing, and monitoring of community‑basedmental health, developmental disabilities, and substance abuse services.
(2) Ensure the provisionof services to clients in the catchment area, including clients committed tothe custody of the Department of Juvenile Justice and Delinquency Prevention.
(3) Determine the needsof the area authority's clients and coordinate with the Secretary and with theDepartment of Juvenile Justice and Delinquency Prevention the provision ofservices to clients through area and State facilities.
(4) Develop plans andbudgets for the area authority subject to the approval of the Secretary. Thearea authority shall submit the approved budget to the board of countycommissioners and the county manager and provide quarterly reports on thefinancial status of the program in accordance with subsection (c) of thissection.
(5) Assure that theservices provided by the county through the area authority meet the rules ofthe Commission and Secretary.
(6) Comply with federalrequirements as a condition of receipt of federal grants.
(7) Appoint an areadirector in accordance with G.S. 122C‑121(d). The appointment is subjectto the approval of the board of county commissioners except that one or moreboards of county commissioners may waive its authority to approve theappointment. The appointment shall be based on a selection by a searchcommittee of the area authority board. The search committee shall includeconsumer board members, a county manager, and one or more county commissioners.The Secretary shall have the option to appoint one member to the searchcommittee.
(8) Develop and submitto the board of county commissioners for approval the business plan requiredunder G.S. 122C‑115.2. A multicounty area authority shall submit thebusiness plan to each participating board of county commissioners for itsapproval. The boards of county commissioners of a multicounty area authorityshall jointly submit one approved business plan to the Secretary for approvaland certification.
(9) Perform publicrelations and community advocacy functions.
(10) Recommend to theboard of county commissioners the creation of local program services.
(11) Submit to theSecretary and the board of county commissioners service delivery reports, on aquarterly basis, that assess the quality and availability of public serviceswithin the area authority's catchment area. The service delivery reports shallinclude the types of services delivered, number of recipients served, andservices requested but not delivered due to staffing, financial, or otherconstraints. In addition, at least annually, a progress report shall besubmitted to the Secretary and the board of county commissioners. The progressreport shall include an assessment of the progress in implementing localservice plans, goals, and outcomes. All reports shall be in a format and shallcontain any additional information required by the Secretary or board of countycommissioners.
(12) Comply with thisArticle and rules adopted by the Secretary for the development and submissionof and compliance with the area authority business plan.
(13) Coordinate with TreatmentAccountability for Safer Communities for the provision of services to criminaljustice clients.
(14) Maintain a 24‑houra day, seven day a week crisis response service. Crisis response shall includetelephone and face‑to‑face capabilities. Crisis phone responseshall include triage and referral to appropriate face‑to‑facecrisis providers and shall be initiated within one hour of notification. Crisisservices do not require prior authorization but shall be delivered incompliance with appropriate policies and procedures. Crisis services shall bedesigned for prevention, intervention, and resolution, not merely triage andtransfer, and shall be provided in the least restrictive setting possible,consistent with individual and family need and community safety.
(15) An LME that utilizessingle stream funding shall, on a biannual basis, report on the allocation ofservice dollars and allow for public comment at a regularly scheduled LME boardof directors meeting.
(16) Before an LMEproposes to reduce State funding to HUD group homes and HUD apartments belowthe original appropriation of State funds, the LME must:
a. Receive approval ofthe reduction in funding from the Department, and
b. Hold a publichearing at an open LME board meeting to receive comment on the reduction infunding.
(a1) The area authoritymay contract to provide services to governmental or private entities, includingEmployee Assistance Programs.
(b) The governing unitof the area authority is the area board. All powers, duties, functions, rights,privileges, or immunities conferred on the area authority may be exercised bythe area board.
(c) Within 30 days ofthe end of each quarter of the fiscal year, the area director and financeofficer of the area authority shall provide the quarterly report of the areaauthority to the county finance officer. The county finance officer shallprovide the quarterly report to the board of county commissioners at the nextregularly scheduled meeting of the board. The clerk of the board ofcommissioners shall notify the area director and the county finance officer ifthe quarterly report required by this subsection has not been submitted withinthe required period of time. This information shall be presented in a formatprescribed by the county. At least twice a year, this information shall bepresented in person and shall be read into the minutes of the meeting at whichit is presented. In addition, the area director or finance officer of the areaauthority shall provide to the board of county commissioners ad hoc reports asrequested by the board of county commissioners.
(d) A multicounty areaauthority shall provide to each board of county commissioners of participatingcounties a copy of the area authority's annual audit. The audit findings shallbe presented in a format prescribed by the county and shall be read into theminutes of the meeting at which the audit findings are presented. (1971, c. 470, s. 1; 1973,c. 476, s. 133; c. 661; 1977, c. 568, s. 1; c. 679, s. 7; 1979, c. 358, ss. 1,3, 14, 23; 1981, c. 51, s. 3; 1983, c. 383, s. 1; 1985, c. 589, s. 2; 1987, c.830, s. 47(d); 1989, c. 625, s. 14; 1991, c. 215, s. 1; 1995 (Reg. Sess.,1996), c. 749, s. 2; 1997‑443, s. 11A.118(a); 1998‑202, s. 4(t);2000‑137, s. 4(w).; 2001‑437, s. 1.10; 2001‑487, s. 79.5;2005‑371, s. 2; 2006‑142, s. 3(a); 2009‑191, s. 1.)