Section .0100 – Program Requirements

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 06 - aging - programs operations/subchapter w/subchapter w rules.html
Published: 2015

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SUBCHAPTER 06W – STATE IN-HOME SERVICES FUND: HOUSING AND

HOME IMPROVEMENT SERVICES

 

SECTION .0100 – PROGRAM REQUIREMENTS

 

10A NCAC 06W .0101      DEFINITIONS

10A NCAC 06W .0102      METHODS OF SERVICE PROVISION

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. December 1, 1992; July 1, 1990; July 1, 1984; December 31, 1980;

Repealed Eff. July 1, 2007.

10A NCAC 06W .0103      SERVICE DELIVERY

 

History Note:        Authority G.S. 143B-153;

Eff. December 1, 1992;

Repealed Eff. July 1, 2007.

 

10A NCAC 06W .0104      Nature and purpose

(a)  Housing and Home Improvement is a supportive service

which can make a difference in the lives of individuals and families who wish

to live independently in safe affordable homes within their communities of choice. 

This service can enable them to obtain, retain, or return to independent

housing, and resolve health and safety issues affecting their home or areas

adjacent to their home.  For the purpose of this Subchapter, the service has

three elements:

(1)           Housing services that support independent

living by providing information on:

(A)          fair housing;

(B)          foreclosures;

(C)          grants or loans for home repair;

(D)          home buying;

(E)           homelessness prevention;

(F)           independent housing options and locations;

(G)          landlord tenant relations;

(H)          mortgage delinquency and default resolution

counseling;

(I)            predatory lending;

(J)            reasonable accommodations;

(K)          reverse mortgage counseling; and

(L)           tenant's rights and responsibilities;

(2)           Home improvement services that identify

health and safety issues affecting the home or areas adjacent to the home in

which the individual or family lives, and provide needed improvements to

resolve those issues through:

(A)          installation of security features;

(B)          minor home repairs and improvements; and

(C)          modifications to the home to promote mobility; and

(3)           Provision of, or replacement of, basic

furnishings or household appliances that promote independent living.

 

History Note:        Authority G.S. 143B‑153; 42 U.S.C.

5301;

Eff. July 1, 2007.

 

10A NCAC 06W .0105      DEFINITIONS

As used in this Subchapter, the following terms shall have

the meanings specified:

(1)           "Activities of Daily Living (ADL)" means

personal care activities including bathing or showering, dressing, eating,

getting in or out of bed or chair, and toileting.

(2)           "Instrumental Activities of Daily Living

(IADL)" means independent living activities including doing household

chores, managing personal money, preparing meals, shopping for groceries and

personal items, and using the telephone or transportation.

(3)           "Home" means a housing unit for

individuals or families.  The home may be owned, rented, or accessed through a

lifetime right.  It may stand alone and be stick built, manufactured or

modular, or may be an apartment or condominium within a larger structure that

is secured by lock and key.

(4)           "Independent housing" means a home which

provides a private living arrangement and is not part of a licensed facility.

(5)           "Service provider" means a county

department of social services or any public or private agency or individual

from whom a county department of social services purchases services to provide

housing and home improvement services.

(6)           "Waiting for service" means that an

individual has requested housing and home improvement service that exists in

the county but is not receiving it and is potentially eligible for the service,

and could be served if the service were expanded.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 2007.

 

10A NCAC 06W .0106      SERVICE POPULATIONS

For the purposes of this Subchapter:

(1)           Eligible population.  Individuals and families are

eligible for housing and home improvement services if they:

(a)           have no one able and willing to perform the

service for them; and

(b)           reside within a county where housing and

home improvement services are funded.

(2)           Target population.  Services shall be provided to individuals

and families based on need for one or more elements of the housing and home

improvement services:

(a)           to obtain independent housing, to receive

housing services in order to retain their home, or to return to their home from

other settings;

(b)           to secure security features, to secure minor

home repairs and improvements, and to secure modifications to the home to

enhance mobility; and

(c)           provision of, or replacement of, basic

furnishings or household appliances that promote independent living.

(3)           Priority population.  When more than one eligible

individual or family is waiting for housing and home improvement service,

priority shall be given in the following order:

(a)           Adults and children for whom the need for

protective services has been substantiated and the service is needed as part of

a protective services plan as referred to in 10A NCAC 71R .0915 and .0916, or

intervention plan as referred to in 10A NCAC 70A .0107, including all

subsequent amendments.

(b)           Adults who are at risk of abuse, neglect or

exploitation, and children who are at risk of abuse, neglect, or dependency as

defined in 10A NCAC 22O .0123, including all subsequent amendments.

(c)           Adults with ADL or IADL impairments who are

at risk of placement in a health care facility as defined in G.S. 108A-60.

(d)           Children who need the service as part of a

plan of preventive services designed to strengthen the family and preserve the

home for the child, or as part of permanency planning to enable a child to

return home from substitute care.

(e)           Adults with three or more ADL or IADL

impairments.

(f)            Adults with one or two ADL or IADL

impairments.

 

History Note:        Authority G.S. 143B‑153;

Eff. July 1, 2007.

 

10A NCAC 06W .0107      APPLICATION FOR SERVICES

For services pursuant to this Subchapter, an application

shall be signed and dated for housing and home improvement services and shall

be made by:

(1)           an adult on his or her own behalf;

(2)           an adult on behalf of his or her minor child; or

(3)           an adult acting on behalf of a disabled adult as

defined in G.S. 108A-101(d).

 

History Note:        Authority G.S. 143B-153;

Eff. July 1, 2007.

 

10A NCAC 06W .0108      SERVICE PROVIDER RESPONSIBILITIES

For purposes of this Subchapter, the housing and home

improvement service provider shall:

(1)           provide orientation, training, or supervision for

volunteers assisting with housing and home improvement services;

(2)           refer individuals to federal, state, and local

agencies for additional housing and home improvement services;

(3)           maintain records documenting financial and service

activities for each individual or family receiving services;

(4)           request reimbursement from Division of Aging and

Adult Services for actual project costs: administrative, labor, and materials,

not to exceed one-thousand five-hundred dollars ($1,500) per home per program

year;

(5)           provide opportunities for service recipients to

voluntarily contribute towards the cost of services received;

(6)           maintain confidentiality of all records; and

(7)           maintain a listing of individuals or families

waiting for housing and home improvement services.

 

History Note:        Authority G.S. 143B-153;

Eff. July 1, 2007.

 

10A NCAC 06W .0109      PROHIBITED ACTIVITIES

For purposes of this Subchapter, housing and home

improvement service funding shall not be used for:

(1)           rent;

(2)           utility bills;

(3)           food;

(4)           medicine;

(5)           security and utility deposits;

(6)           taxes;

(7)           home improvements negatively affecting the

structural integrity of the housing unit;

(8)           home improvements which are an obligation of the

landlord;

(9)           work done to the property of a landlord without

written approval; and

(10)         duplication of any home improvement service to the

same housing unit for three consecutive years following receipt of initial

service.

 

History Note:        Authority G.S. 143B-153;

Eff. July 1, 2007.

 

10A NCAC 06W .0110      REQUEST FOR WAIVER

The Division of Aging and Adult Services (DAAS) may waive

any rule in this Subchapter that is not statutorily required if a county

department of social services makes a written request to the regional area

agency on aging.  The area agency on aging will forward the request to DAAS. 

Factors DAAS shall use in determining whether to grant the waiver are:

(1)           additional cost requirements;

(2)           need for the waiver;

(3)           degree of benefit to the service recipient;

(4)           whether the agency had control over the

circumstances that required the requested waiver; and

(5)           previous requests for waivers submitted

from the agency.

 

History Note:        Authority G.S. 143B-153;

Eff. July 1, 2007.