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Section .0100 ‑ Services To Be Provided


Published: 2015

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subchapter 71R – social services block grant

 

SECTION .0100 ‑ SERVICES TO BE PROVIDED

 

10A NCAC 71R .0101       SOCIAL SERVICES BLOCK GRANT FUNDED

SERVICES

The following services may be reimbursed with Social

Services Block Grant Funds:

(1)           adjustment services for the blind or visually

impaired;

(2)           adoption services;

(3)           adult placement services;

(4)           child care services;

(5)           children and adults needing mental health,

developmental disability or substance abuse services;

(6)           community living services;

(7)           day care services for adults;

(8)           delinquency prevention services;

(9)           employment and training support services;

(10)         family planning services;

(11)         family preservation services;

(12)         family support services;

(13)         foster care services for adults;

(14)         foster care services for children;

(15)         health support services;

(16)         home health services (includes skilled nursing,

physical therapy, speech therapy, occupational therapy, medical social services

and nutrition care);

(17)         housing and home improvement services;

(18)         individual and family adjustment services;

(19)         in‑home aide services;

(20)         in-home aide services for the blind;

(21)         intensive family preservation services;

(22)         personal and family counseling;

(23)         preparation and delivery of meals;

(24)         problem pregnancy services;

(25)         protective services for adults;

(26)         protective services for children;

(27)         residential treatment for the emotionally disturbed;

(28)         respite care services;

(29)         transportation services; and

(30)         youth services.

 

History Note:        Authority G.S. 108A‑71; 143B‑153;

Eff. July 1, 1983;

Amended Eff. November 1, 2007; November 1, 1994; December

1, 1991; September 1, 1988; July 1, 1984.

10A NCAC 71R .0102       STANDARDS

All services funded by the Social Services Block Grant shall

meet applicable standards set by the appropriate federal agency, a national

voluntary nonprofit agency, or a state agency having legal responsibility for

developing standards in a specific area.

 

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

Eff. September 1, 1994.

 

10A NCAC 71R .0103       MANDATED AND OPTIONAL SERVICES

(a)  The following services funded with Social Services

Block Grant funds shall be made available in each county.  These services are:

(1)           adjustment services for the blind and

visually impaired;

(2)           adoption services;

(3)           child care services;

(4)           in‑home aide services for the blind;

(5)           family planning services;

(6)           adult placement services;

(7)           foster care services for adults;

(8)           foster care services for children;

(9)           health support services (sterilization

component is optional);

(10)         individual and family adjustment services;

(11)         in‑home aide services;

(12)         protective services for adults;

(13)         protective services for children.

(b)  With the exception of those mandated services specified

in Paragraph (a) of this Rule, all other services are optional for purposes of

the Social Services Block Grant.

 

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

Eff. September 1, 1994;

Amended Eff. November 1, 2007.

 

10A NCAC 71R .0104       PURCHASE OF SERVICES

Services funded by the Social Services Block Grant shall be

provided directly by the Department of Health and Human Services, its divisions

or their local counterparts; or services shall be purchased from public or private

providers by contracting in accordance with federal, state, and local

regulations governing such purchases.  Limitations on purchase of services

shall be as follows:

(1)           Adult placement services and foster care services

for adults shall not be purchased but provided only by the county departments

of social services.

(2)           Adoption and foster care services for children

shall be purchased only from agencies licensed to place and supervise children

in accordance with standards established under G.S. 143B‑153(2)c.

(3)           Those functions of protective services for adults

and children which are the legally mandated responsibility of local departments

of social services shall not be purchased.

(4)           The following purchases can be made only through

direct payments by county departments of social services:

(a)           the provision of basic appliances as an

element of housing and home improvement services,

(b)           the payment of fees for membership in

community sponsored recreational organizations as an element of individual and

family adjustment services,

(c)           assistance in meeting the usual expenses of

attending technical institutes and community colleges as an element of

employment and training support services.

(5)           In‑Home Aide Services for the Blind and

Adjustment Services for the Blind and Visually Impaired shall be purchased by

the Division of Services for the Blind.

 

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

Eff. September 1, 1994.

 

10A NCAC 71R .0105       SERVICES POLICIES

Respective divisions or agencies within the Department of

Health and Human Services shall be responsible for the administration of

regulations and policies which affect client eligibility or control provision

of services.  Information about services policies may be obtained by direct

inquiry to the Division or Office of the Department of Health and Human

Services which has responsibility for the particular service.

 

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

Eff. September 1, 1994.

 

SECTION .0200 ‑ ADMINISTRATIVE REQUIREMENTS

 

10A NCAC 71R .0201       FISCAL MANAGEMENT

The fiscal requirements for the Social Services Block Grant

(SSBG) are as follows:

(1)           Allocation of Funds.  Any allocation of SSBG Funds

made directly to Department of Health and Human Services divisions or public or

private agencies by the Department of Health and Human Services is based on the

following criteria:

(a)           identified need for the service program as

specified in Rule .0101 of this Subchapter;

(b)           established priorities of the department as

specified in Rules .0101 and .0103 of this Subchapter;

(c)           allowability of the program under federal

and state rules and regulations as specified in Rule .0102 of this Subchapter

and as established by the General Assembly;

(d)           assessed or potential performance of the

service program as specified in Rule .0102 of this Subchapter;

(e)           resource utilization as specified in this

Rule and as established by the General Assembly; and

(f)            availability of funds necessary to secure

federal financial participation as specified in this Rule and as established in

federal regulations and by the General Assembly.

(2)           The amount of SSBG funds allocated by the

Department of Health and Human Services through the Division of Social Services

to each county department of social services is based on the average of the

following two factors applied to the total amount of SSBG funds available for

county departments of social services:

(a)           the percentage of the statewide population

residing within each county; and

(b)           the percentage of the statewide unduplicated

count of SSI recipients, food stamp recipients, TANF recipients and medicaid

eligible individuals residing in each county.

Once allocations

to county departments of social services are calculated as described in this

Item, they remain at that level each subsequent year.

(3)           Matching Rates for Financial Participation.  The

following matching rates apply to financial participation in services funded by

the SSBG:

(a)           75 percent financial participation ‑

financial participation for provision of any service listed in this Subchapter

unless otherwise provided in this Item is available at a rate of 75 percent of

the cost of providing the service;

(b)           87-1/2 percent financial participation ‑

financial participation for provision of in‑home services - day care

services for adults, preparation and delivery of meals, housing and home

improvement services, and in‑home aide services (levels I through IV) ‑‑

is available at a rate of 87-1/2 percent of the cost of providing the service;

(c)           90 percent financial participation ‑

financial participation for provision of family planning services and the

family planning component of health support services is available at a rate of

90 percent of the cost of providing the service;

(d)           100 percent financial participation ‑

financial participation for provision of child care services is available at a

rate of 100 percent of the cost of services for those child care services

reimbursed from an agency's designated 100 percent day care allocation.

(4)           Transferred Funds.  If funds from the Temporary

Assistance for Needy Families (TANF) Block Grant are transferred to the SSBG

for services previously funded by SSBG, the matching rates outlined in Item (3)

of this Rule shall apply.  If funds from TANF are transferred to SSBG for

services not previously funded by SSBG, the matching rates as outlined in Item

(3) of this Rule shall not apply.

 

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

Eff. July 1, 1983;

Amended Eff. December 1, 1991; July 1, 1990; December 1,

1983;

Temporary Amendment Eff. November 10, 1999;

Amended Eff. November 1, 2007; September 1, 2007; July

17, 2000.

 

section .0300 – general conditions for provision of services

 

10A NCAC 71R .0301       APPLICABILITY

The rules of Subchapter 71R shall apply to the Division of

Social Services, county departments of social services, and to any agency from

which the division or a county department of social services purchases

eligibility determination and case management functions on a contractual basis.

 

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

Eff. July 1, 1983.

 

10A NCAC 71R .0302       FAMILY SERVICES MANUAL AND POLICY

DIRECTIVES

 

History Note:        Authority G.S. 143B‑153; 1985 S.L.,

c. 479, s. 93;

Eff. July 1, 1983;

Amended Eff. May 1, 1990; July 1, 1984;

Repealed Eff. November 1, 2007.

 

10A NCAC 71R .0303       RECIPIENT SERVICE RECORDS

(a)  An agency must open and maintain a service record for

each individual for whom an application for social services is made and for

each recipient of protective services.  Recipient service records must be

documented and maintained in accordance with procedures set forth in this

Subchapter.

(b)  Recipient service records shall be treated in

accordance with policies governing confidentiality and access to client records

as set forth in 10A NCAC 69.

(c)  The service record must be updated and documented as

necessary to reflect changes in a recipient's circumstances and to keep all

information in the record current.

(d) All changes must be documented in the service record. 

These changes include addition of a service to a recipient's service plan,

termination of service, redetermination of eligibility, changes in the

recipient's circumstances that affect his/her need for or use of services, and

any other action taken by the agency that affects the recipient's receipt of a

service and termination of the recipient's service.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007.

 

SECTION .0400 ‑ APPLICATION FOR SOCIAL SERVICES

 

10A NCAC 71R .0401       APPLICATION REQUIREMENT

All applicants for social services must initiate entry into

the social services system via a written application except that no application

shall be required for the following:

(1)           evaluation of the need for protective services for

adults;

(2)           guardianship services for adults;

(3)           protective services for children;

(4)           foster care services for children;

(5)           employment program services.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; November 2, 1992; May 1,

1990, February 1, 1986.

 

10A NCAC 71R .0402       OPPORTUNITY TO APPLY

An individual may apply for social services and have his/her

application acted upon no more than 30 calendar days from the application date.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007.

 

10A NCAC 71R .0403       WHO MAY APPLY

Application for social services may be made by:

(1)           an adult or emancipated minor on his/her own behalf

or on behalf of others in his/her family;

(2)           a parent, custodian or guardian acting on behalf of

a minor;

(3)           someone for the applicant if the applicant is

believed to be incompetent or incapacitated; or

(4)           agency staff on behalf of an individual in the

event of an emergency, or when there is some urgency to provide services, or if

arranging for the individual to make application would create a barrier to the

receipt of services.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990.

 

10A NCAC 71R .0404       RESIDENCY

In order to apply for social services, individuals must be

residents of North Carolina.  The definition of residency is found in G.S.

108A-24(6).

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990.

 

10A NCAC 71R .0405       APPLICATION DOCUMENTATION REQUIREMENTS

(a)  The application for services shall be made through a

form provided by the Department of Health and Human Services or an equivalent

form.

(b)  When the request is made through a mailed or electronically

transmitted request for service(s), the agency shall transfer the information

to the application form and maintain the written request in the service record.

(c)  The application form shall include:

(1)           identification of the individual for whom

the service(s) is (are) requested;

(2)           identification of the specific service(s)

requested for both initial requests and additional requests;

(3)           date of the request;

(4)           signature of the applicant or his/her

representative, the date of the signature and for situations where the person

making the application executes his/her signature by making a mark (X), the

signature of a witness;

(5)           signature of the social worker determining

eligibility and date that determination was made; and

(6)           documentation that the application is

voluntary and that the individual has been informed of the following rights and

responsibilities associated with applications for social services:

(A)          The right to request and obtain a fair hearing if

his/her application is not acted on as required by the rules of this Subchapter

or if (s)he disagrees with the agency' action in response to his/her

application for services;

(B)          the right to confidentiality and that the

information given to the agency will be confidential and not released without

written consent except for information necessary to establish eligibility,

information that may be revealed in the course of agency audits and monitoring

and as otherwise required by law; and

(C)          his/her responsibilities to provide accurate and

complete information necessary to determine eligibility and, if requested, to

provide documentation of such information; to notify the agency within five

days of any change in address, employment, income, living arrangement or family

size; and that failure to provide accurate and complete information may subject

him/her to prosecution.

(d)  The date of the application is when the applicant signs

the application, the date of request for guardianship for adults or the date of

the report for Adult Protective Services or Children's Protective Services.

(e)  When a signature of the applicant or his/her

representative is not obtained because obtaining the signature would create a

barrier to the receipt of the service, the social worker shall document the

request indicating the service(s) requested, the date of the request and the

circumstances that prevented the worker from obtaining the signature.

(f)  In the case of applications for Heath Support

Services-Family Planning Component, the signature of the applicant must not be

waived.

 

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

Eff. November 1, 2007.

 

SECTION .0500 ‑ CONDITIONS OF ELIGIBILITY

 

10A NCAC 71R .0501       BASIC ELIGIBILITY CRITERIA

In addition to the requirements of Section .0600 of this

Subchapter, in order for an individual to be determined eligible to receive

services funded under the Social Services Block Grant (Title XX), it must be

established that (s)he is eligible on the basis of need as specified in the

target population for the services requested as set forth in  this Chapter

except that for purposes of providing child care services, transportation

services, or the federally funded sterilization resource item of health support

services, eligibility must also be determined on the basis of his/her income

maintenance or income eligible status.

 

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

Eff. July 1, 1983;

Amended Eff. May 1, 1990; July 1, 1989;

Temporary Amendment Eff. October 21, 1996;

Amended Eff. November 1, 2007; July 1, 1998.

 

10A NCAC 71R .0502       INCOME MAINTENANCE STATUS

(a)  For an individual to be eligible on the basis of income

maintenance status, it must be established that the individual is either:

(1)           a current recipient of Work First Family

Assistance, Benefit Diversion; or Work First Services for Low Income Families

(below 200% of the Federal poverty level) as defined in G.S. 108A-24; or a

person whose needs were taken into account in determining the needs of Work

First recipients;

(2)           a current recipient of Supplemental

Security Income (SSI);

(3)           an individual who receives Optional State

Supplementation payments from the State, known as State/County Special

Assistance for Adults in North Carolina; or

(4)           a child with respect to whom foster care

maintenance payments or adoption assistance payments are made under Public Law

96-272.

(b)  An individual whose eligibility is based on income

maintenance status is eligible for any service funded under the Social Services

Block Grant (Title XX) that is available in the county in which (s)he lives.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990.

 

10A NCAC 71R .0503       INCOME ELIGIBLE STATUS

(a)  Individuals other than those eligible on the basis of

income maintenance status may be determined eligible on the basis of that

individual's income unit's monthly gross income.

(b)  To determine income eligibility, it is necessary to determine

the number of individuals who reside in the same household who are financially

obligated to one another (the income unit) and the amount of the gross monthly

income available to them.

(c)  The following are defined as separate income units for

purposes of determining eligibility and fees.

(1)           Biological or adoptive parents and their

minor children;

(2)           A minor parent and his or her children;

(3)           Each adult, whether related or unrelated,

other than spouses;

(4)           Children living with adults other than

their biological or adoptive parents;

(5)           Minors who are emancipated through a court

proceeding, marriage or participation in the armed services.

(d)  Sources of income which shall be considered for

purposes of computing family monthly gross income are:

(1)           Gross earned wages or salary (earnings

received for work performed as an employee, including wages, salary,

commissions, tips, piece-rate payments, and cash bonuses earned, before any

deductions are made for taxes, bonds, pensions, union dues);

(2)           Adjusted gross income from taxable

self-employment income;

(3)           Social Security benefits (includes Social

Security pensions, survivors' benefits and permanent disability insurance

payments);

(4)           Dividends; interest (on savings or bonds);

income from estates or trusts; royalties; adjusted gross rental income on

houses, stores or other property;

(5)           Pensions and annuities paid directly by an

employer or union or through an insurance company;

(6)           Workers' compensation for injuries incurred

at work;

(7)           Unemployment insurance benefits;

(8)           Alimony (includes direct and indirect

payments, such as rent and utility payments);

(9)           Child support, direct or indirect;

(10)         Pensions paid to veterans or survivors of

deceased veterans;

(11)         On-the-Job Training (OJT) payments;

(12)         Job Training Partnership Act (JTPA) payments

made to an adult;

(13)         AmeriCorps stipend (living allowance);

(14)         Armed Forces pay (only the amounts taxable,

such as base pay);

(15)         Work release payments;

(16)         Cherokee Tribal Per Capita Income paid to

adult family members;

(17)         Work-study payments, if the income is from a

program not administered under Title IV of the Higher Education Act or the

Bureau of Indian Affairs; and

(18)         Recurring cash contributions paid directly

to the parent.

(e)  Sources of income that shall not be counted when computing

family gross monthly are:

(1)           Work First Family Assistance;

(2)           Supplemental Security Income (SSI);

(3)           Lump sum payments (e.g. Social Security

benefits, workers' compensation, alimony, veteran's benefits, HUD);

(4)           Foster care assistance payments;

(5)           Adoption Assistance payments;

(6)           Payments/trust funds under the Indian

Claims Commission;

(7)           Payments from the Alaska Native Claims

Settlement Act;

(8)           Income from sale of personal assets

(stocks, bonds, house, car, and insurance);

(9)           Bank withdrawals;

(10)         Money borrowed;

(11)         Tax refunds;

(12)         Gifts or contributions;

(13)         In-kind contributions from non-legally

responsible adults;

(14)         Emergency Assistance, Low Income Energy

Assistance Program, Crisis Intervention Program, General Assistance, or

Progress Energy  Share Program payments;

(15)         Section VIII housing subsidy;

(16)         Capital gains;

(17)         Value of food stamp benefits allotted under

the Food Stamp Act of 1977;

(18)         Free and reduced lunch program;

(19)         Food subsidy programs;

(20)         Relocation/Acquisition Act payments;

(21)         Earnings of a dependent child under 18 years

of age, unless a minor parent of a child needing child care;

(22)         Loans, grants, scholarships, money received

through job training, Pell or Carl Perkins grants;

(23)         Home produce utilized for household consumption;



(24)         Volunteers in Service to America (VISTA)

earnings;

(25)         Payments received as Earned Income Tax

Credits or Dependent Care Credits;

(26)         All subsidized housing and housing

allotments, including military housing allotments.  If rent is provided directly

to the landlord, it shall not be counted.  If, however, the rent monies are

paid to the individual, it shall be counted as income;

(27)         Money received from an employer as an

employee benefit for child care; and

(28)         Work-study payments, if the income is from

the College Work-Study Program administered under Title IV of the Higher

Education Act or the Bureau of Indian Affairs.  (Likewise, if the income

from college work-study goes directly to the college, it is not counted as

income.)

 

History Note:        Authority G.S. 50‑13.4; 110.129(2);

143B‑153;

Eff. July 1, 1983;

Amended Eff. November 1, 2007; October 1, 1991; May 1,

1990.

 

10A NCAC 71R .0504       DEFINITION OF ESTABLISHED INCOME

 

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

Eff. July 1, 1983;

Amended Eff. March 1, 1994; July 1, 1991; May 1, 1990.

Repealed Eff. November 1, 2007.

 

10A NCAC 71R .0505       MAXIMUM INCOME LEVELS FOR SERVICES

(a)  Sixty Percent of the Federal Poverty Guidelines.  An

individual whose income unit's gross monthly income is less than 60 percent of

the Federal Poverty Guidelines as published annually in the Federal Register by

the U.S. Department of Health and Human Services (HHS) is eligible for

transportation services or the federally funded sterilization resource item of

health support services funded under the Social Services Block Grant (Title XX)

if available in the county in which (s)he lives.

(b)  Eighty Percent of the Federal Poverty Guidelines.  An

individual whose income unit's gross monthly income is less than 80 percent of

the Federal Poverty Guidelines is eligible for the federally funded sterilization

resource item of health support services if available in the county in which (s)he

lives and if conditions for payment as set out in 10A NCAC 71J .0105 have been

satisfied.

 

History Note:        Authority G.S. 143B‑153(2a)b.;

Eff. July 1, 1983;

Amended Eff. March 1, 1994; July 1, 1989; October 1,

1987; July 1, 1984;

Temporary Amendment Eff. October 21, 1996;

Amended Eff.  November 1, 2007; July 1, 1998.

 

10A NCAC 71R .0506       WITHOUT REGARD TO INCOME STATUS

Individuals are eligible for the following services on the

basis of need for the service and without regard to their income:

(1)           adjustment services for the blind and visually

impaired;

(2)           adoption services;

(3)           adult placement services;

(4)           foster care services for children;

(5)           protective services for adults;

(6)           protective services for children;

(7)           child care services, when needed to support child

protective services, child welfare services and for children receiving foster

care services;

(8)           delinquency prevention services;

(9)           employment and training support services;

(10)         health support services (excluding the optional

voluntary sterilization component);

(11)         individual and family adjustment services;

(12)         problem pregnancy services;

(13)         community living services;

(14)         day care services for adults;

(15)         housing and home improvement services;

(16)         in-home aide services;

(17)         personal and family counseling;

(18)         preparation and delivery of meals;

(19)         residential treatment for the emotionally disturbed;

(20)         respite care services;

(21)         transportation services provided by the North

Carolina Commission of Indian Affairs;

(22)         youth services;

(23)         family planning services;

(24)         children and adults needing mental health,

developmental disability or substance abuse services;

(25)         family preservation services;

(26)         family support services;

(27)         foster care services for adults;

(28)         home health services (includes skilled nursing,

physical therapy, speech therapy, occupational therapy, medical social

services, and nutrition care; and

(29)         intensive family preservation services.

 

History Note:        Authority G.S. 143B‑153(2a)b;

Eff. July 1, 1983;

Amended Eff. March 1, 1994; December 1, 1991; May 1,

1990; July 1, 1989;

Temporary Amendment Eff. October 21, 1996;

Amended Eff. November 1, 2007; July 1, 1998.

 

SECTION .0600 ‑ ELIGIBILITY DETERMINATION

 

10A NCAC 71R .0601       ELIGIBILITY DETERMINATION

(a)  For purposes of the rules in this Subchapter, an

eligibility determination means a decision pursuant to an application for

social services which is based on information necessary to determine whether an

individual meets the conditions of eligibility for the services requested. 

Conditions of eligibility include basic eligibility criteria from Section .0500

of this Subchapter applicable to the program or funding source under which the

service is made available and conditions of need specified in the target

population for the service requested, as set forth in this Chapter.

(b)  The individual making application shall provide

information which will enable the agency to reach an eligibility decision. 

Failure on the part of the individual making application to provide such

information or to cooperate with the agency in determining eligibility are

grounds for delay in processing an application and reaching an eligibility

decision or for denial of services.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990; July 1, 1989;

February 1, 1986.

 

10A NCAC 71R .0602       BASIS FOR ESTABLISHING ELIGIBILITY

Eligibility for services is established on the basis of:

(1)           a signed, dated application, if required;

(2)           the agency's determination that the individual

meets the conditions of eligibility;

(3)           availability of the service in the county in which

the individual has legal residence; and

(4)           availability of the service to the individual's

category of eligibility.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007.

 

10A NCAC 71R .0603       BASIS FOR DENIAL OR TERMINATION OF

SERVICES

(a)  Reasons for denial of an application for services and

reasons for the termination of services include the following:

(1)           The individual has failed to cooperate with the

agency in determining (or redetermining) eligibility;

(2)           The individual cannot be located to allow for

determination (or redetermination) of eligibility;

(3)           The individual has been determined to be not

eligible for the services requested on the basis that (s)he does not meet (or

because of changing circumstances, no longer meets) the conditions of

eligibility for the program funding sources under which the service is provided

or the definition of the target population for receipt of the service;

(4)           The service is not available in the county in which

the individual has legal residence;

(5)           The service will not be available in sufficient

time to ensure its prompt provision, as set forth in Rules .0802 and .0803 of

this Subchapter;

(6)           The agency has exhausted its funds for the

provision of the service for that program year;

(7)           The individual has notified the agency that (s)he

no longer wants or needs the service;

(8)           The agency has determined that the individual is no

longer able to avail himself/herself of the service because (s)he has moved to

another county or has been admitted to an institution;

(9)           The individual has failed to utilize the service or

to cooperate in service delivery;

(10)         The individual is residing in a facility or

institution and the funding source prohibits provision of the service to

clients in facilities or institutions; and

(11)         The individual fails to meet any other conditions

set forth in rules in Chapters 70 and 71 of this Title governing delivery of

the service.

(b)  The agency must document the basis for denial or

termination of services on the notice to the client, except in cases where

notice is not required as set forth in 10A NCAC 67A .0202.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; March 1, 1994; May 1, 1990;

November 1, 1984.

 

10A NCAC 71R .0604       REDETERMINATION OF ELIGIBILITY

(a)  The agency shall make a redetermination of eligibility

and need for the following services every 12 months:

(1)           child care services;

(2)           transportation; and

(3)           health support – abortion and sterilization

components which are federally funded.

(b)  Eligibility for services provided without regard to

income is based on need, and services shall continue until determined no longer

appropriate.

(c) The agency shall make a redetermination of eligibility

and need when there is new information provided to the agency about changes in

the client's circumstances that affect his/her eligibility.

(d)  The agency shall make a redetermination of eligibility

and need every 12 months for services available with regard to income.

(e) Requirements and procedures for a redetermination are

the same as those for eligibility determination for services provided with

regard to income.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990; July 1, 1989.

 

10A NCAC 71R .0605       DOCUMENTATION OF ELIGIBILITY DECISION

(a)  The agency shall document information pertinent to meeting

conditions of eligibility in the individual's service record.

(b)  The agency shall document the eligibility decision, the

date of the decision and the service worker/case manager making the decision on

the application form. 

(c)  The agency shall document the beginning and ending date

for all services provided with regard to income.

(d)  For all services provided without regard to income,

except for child care services, the agency shall document the beginning date,

which is the eligibility date.

 

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

Eff. November 1, 2007.

 

10A NCAC 71R .0606       QUARTERLY REVIEW

(a)  The agency shall review and document the client's

situation and service plan at least quarterly from the date of application

except for clients whose only service(s) is (are):

(1)           transportation;

(2)           child care;

(3)           foster care;

(4)           adoptions; and

(5)           housing and home improvement.

(b)  The agency shall conduct the review in the month it is

due.  The month the quarterly review is due is determined by the month in which

the application was made.

(c)  The agency must label and date the quarterly review in

the record.

 

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

Eff. November 1, 2007.

 

SECTION .0700 ‑ ELIGIBILITY DETERMINATION

 

10A NCAC 71R .0701       METHODS OF ELIGIBILITY DETERMINATION

When the services being provided have income as a condition

of eligibility, each county board of social services shall decide whether to

use the verification method of eligibility as described in Rule .0702 of this

Section, or the declaration method of determining eligibility as described in

Rule .0703 of this Section.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990.

 

10A NCAC 71R .0702       VERIFICATION METHOD

(a)  Under the verification method of eligibility

determination, an agency shall verify an individual's statement as to

eligibility status by obtaining evidence which supports the individual's

statement.  Evidence which supports the individual's statement includes a copy

of a source document or the agency worker's written statement concerning the

contents of a source document, the contents of a telephone conversation

confirming the required information or the identification of any existing

agency record confirming the required information.

(b)  When an individual's eligibility for services is based

on his/her status as an income maintenance recipient, an agency shall verify

such status.

(c)  When an individual's eligibility for services is based

on family monthly gross income, an agency shall verify the individual's

statement as to the source and amount of income except in the following

circumstances:

(1)           If the individual is an authorized Medicaid

recipient, the individual's statement as to both sources and amount of family

income shall be accepted.  The agency shall verify the individual's status as a

recipient.

(2)           If the individual declares that his/her

only source of family income is from Old Age, Survivors and Disability

Insurance (OASDI) benefits, the agency shall accept his/her statement as to

both the source and amount of income.

(3)           If the individual declares no income, the

agency worker shall accept the statement and document it.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; June 1, 1990.

 

10A NCAC 71R .0703       DECLARATION METHOD

Under the declaration method of eligibility determination,

an agency shall accept an individual's statement as to his/her status as an

income maintenance recipient or statement as to both the sources and amount of his/her

family gross income. When an agency has reason to believe that the individual's

declaration may be inaccurate, an agency shall use the verification method as

described in Rule .0702 of this Subchapter.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007.

 

10A NCAC 71R .0704       METHOD OF DETERMINING NEED FOR SERVICES

An agency shall make an assessment of need for services

provided on the basis of need without regard to income and funded under the

Social Services Block Grant (Title XX).  The determination of need is met when

the client's situation fits the criteria contained in the target population,

described for each service in Section .0900 of this Subchapter.

 

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

Eff. July 1, 1989;

Amended Eff. November 1, 2007; May 1, 1990.

 

section .0800 – notice to applicant: recipient: authorized

representative

 

10A NCAC 71R .0801       NOTIFICATION TIME FRAMES

(a)  The agency shall ensure that the notice of the eligibility

decision on the applicant's request for service(s) is delivered to the client

or mailed and postmarked no later than 15 calendar days after the eligibility

decision is made or within 30 calendar days of the date of application,

whichever comes first.

(b) For additional services requested after the initial

application, but while the recipient is still receiving service(s), the agency

shall deliver notice to the client or mail and postmark the notice no later

than 15 calendar days after the date the mailed request is received in the

agency.

(c)  Time frames for termination or modification of services

are provided in G.S. 108A-79.

(d)  Notice of termination may be given or sent on the day

of termination, in the following circumstances:

(1)           The agency receives a written statement,

signed by the recipient or his/her representative requesting that the services

be terminated because they are no longer needed or wanted;

(2)           The recipient has been admitted to an

institution and is no longer able to avail himself/herself to the service(s);

or

(3)           The recipient has moved to another county

or state.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007.

 

10A NCAC 71R .0802       DEFINITION OF SERVICE PROVISION

Service provision means delivery of the service directly by

agency staff or authorization for the purchase of the service from another

provider.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 1984.

 

10A NCAC 71R .0803       REQUIREMENTS FOR PROMPT PROVISION

(a)  Where an individual's eligibility for a service is

established in accordance with Rule .0602 of this Subchapter, the service must

be provided as follows:

(1)           Initial service(s) must be provided within

15 calendar days of the date the notice of eligibility is given or sent to the

client; and

(2)           For additional service(s) requested during

an ongoing period of eligibility, the service must be provided within 30

calendar days of the date the request was received by the agency.

(b)  Where a requested service cannot be provided within

timeframes listed in paragraph (a),the application for the service must be

denied unless, for services funded with Social Services Block Grant (Title XX)

funds administered by the Division of Social Services, the agency has adopted a

local waiting list policy that provides otherwise as follows:

(1)           Local waiting list policies must be in

writing and must be approved by the county board of social services.

(2)           Local waiting list policies must designate

whether the waiting list is used for purposes of meeting prompt provision

requirements or to respond to inquiries about services or both.

(3)           Local waiting list policies must assure

that all individuals are treated equitably in terms of the manner in which they

are advised of the upcoming availability of services.

(4)           Local waiting list policies must ensure

that an individual's name does not remain on the waiting list indefinitely

without the individual being notified of the status of his/her request and the

anticipated availability of the service.  To this extent, the waiting list

policy must designate a reasonable time period, not to exceed 90 days, that an

individual's name can remain on the waiting list prior to providing the service

or notifying the individual that the service cannot be provided.

 

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

Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990; November 1,

1984.

 

SECTION .0900 ‑ SERVICE DEFINITIONS

 

10A NCAC 71R .0901       ADOPTION SERVICES

(a)  Primary Service.  Adoption services are:  the

recruitment, study and selection of adoptive homes; social casework and other

diagnostic and treatment services to prepare the child and prospective parents

for placement; casework services to the child and adoptive parents to support

and maintain the placement and to facilitate legal consummation of the adoption

including supervision and reports to the court; casework counseling and court

related services in independent placements and in adoptions by stepparents and

relatives as required by statute; and casework services to facilitate

interstate and intercountry adoptions including those activities required to

bring such interstate planning and placements into compliance with the

interstate compact on the placement of children; and the provision of post‑adoption

services including, but not limited to, casework services designed to support

the achievement of long range adjustment between the child and members of the

adoptive family, and to assist the adoptee to gain understanding of his

biological heritage to the extent allowed by law.  At its option, the county

may provide payment of costs incidental to preplacement and placement visits as

a resource to facilitate the provision of adoption services, and payment of the

cost of legal services to facilitate legal adoption of a child.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  Children for whom legal adoption is

planned or in process.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1981; October 1, 1979; July 1,

1979; October 1, 1977;

Transferred from T10.43D .0201 Eff. July 1, 1983;

Amended Eff. July 1, 1984.

 

10A NCAC 71R .0902       COMMUNITY LIVING SERVICES

(a)  Primary Service.  Community living services are

provided to support continuation of the individual's family or community‑based

situation, or to prepare him for leaving institutional care and facilitate his

transition to living in the community.  Such services include training in

community living skills and work activity training commensurate with the

individual's age and developmental level; recreational and other activities

which promote normalization outside an institutional setting; and assistance in

arranging for and utilizing community services and resources which support this

regimen of services.  On an optional basis, services may also include remedial

and treatment services necessary to ameliorate the handicapping effects of the

disability which prevent or constrain personal, social, and work adjustment

(e.g., physical therapy, speech therapy), and food and food services to provide

a nutritious meal and snacks during the time clients participate in on‑site

services; and transportation when needed and not otherwise available to access

community living services programs.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population:

(1)           individuals who are mentally retarded;

(2)           individuals who are severely physically

disabled.

 

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

Eff. July 1, 1979;

Transferred from T10.43D .0234 Eff. July 1, 1983;

Amended Eff. July 1, 1984.

 

10A NCAC 71R .0903       DAY CARE SERVICES FOR ADULTS

(a)  Primary Service.  Day care services for adults is the

provision of an organized program of services during the day in a community

group setting for the purpose of supporting adults' personal independence, and

promoting their social, physical, and emotional well-being.  Services must

include a variety of program activities designed to meet the individual needs

and interests of the participants, and referral to and assistance in using

appropriate community resources.  Also included are medical examinations

required for individual participants for admission to day care and periodically

thereafter when not otherwise available without cost, and food and food

services to provide a nutritional meal and snacks as appropriate to the

program.  Services must be provided in a home or center certified to meet state

standards for such programs.  Services include recruitment, study and

development of adult day care programs, evaluation and periodic re-evaluation

to determine if the programs meet the needs of the individuals they serve, and

consultation and technical assistance to help day care programs expand and

improve the quality of care provided.  Transportation to and from the service

facility is an optional service that may be provided by adult day care

programs.

(b)  Target Population.  Adults who because of age,

disability or handicap need the service to enable them to remain in or return

to their own homes. Within the target population, eligible clients shall be

provided day care services for adults in the following order of priority:

(1)           adults who require complete, full-time

daytime supervision in order to live in their own home or prevent impending

placement in substitute care (e.g. nursing home, domiciliary home), and adults

who need the service as part of a protective services plan;

(2)           adults who need help for themselves with

activities of daily living or support for their caregivers in order to maintain

themselves in their own homes or both;

(3)           adults who need intervention in the form of

enrichment and opportunities for social activities in order to prevent

deterioration that would lead to placement in group care;

(4)           individuals who need time-limited support

in making the transition from independent living to group care, or individuals

who need time-limited support in making the transition from group care to

independent living.

 

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

Eff. February 8, 1977;

Amended Eff. July 1, 1982; October 1, 1979; July 1, 1979;

October 1, 1977;

Transferred from T10.43D .0204 Eff. July 1, 1983;

Amended Eff. May 1, 1990; July 1, 1984;

Temporary Amendment Eff. October 1, 2001;

Amended Eff. August 1, 2002.

 

10A NCAC 71R .0904       DELINQUENCY PREVENTION SERVICES

(a)  Primary Service.  Delinquency prevention services are

services to youths who are in danger of being confined to a correctional

facility, including counseling and other treatment services to provide guidance

and direction to youths who are having behavior problems which, if not

corrected, may result in their being brought before the court and committed or

recommitted to a correctional facility.  Also included are counseling or

instructions for parents or other caretakers to improve parent or caretaker

capacity to supervise the youth; vocational counseling and, where appropriate,

assistance in obtaining employment; assistance in establishing better child‑school,

child‑parent, child‑community, relationships, assistance in

securing better living arrangements; assistance in relieving unnecessary

psychosocial pressures on the child or family or both and provision, as

appropriate, of information and counseling on drug and alcohol abuse.  At

county option, residential care, including room and board for up to six months

for any one placement, may be provided where necessary to the provision of a

comprehensive and intensive regimen of the services described in Paragraph (a)

of this Rule.  Medical or remedial care are included in such residential care

when they are integral, but subordinate parts of the regimen of services. 

Included are psychiatric diagnosis and treatment and drug therapy as prescribed

by a physician.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  Children between 8 and 18 who are

in clear and present danger of being committed or recommitted to the juvenile

correctional system.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1979; October 1, 1977;

Transferred from T10.43D .0206 Eff. July 1, 1983;

Amended Eff. May 1, 1990; July 1, 1984.

 

10A NCAC 71R .0905       EMPLOYMENT AND TRAINING SUPPORT SERVICES

(a)  Primary Service.  Employment and training support

services are services provided as part of an individual service plan to enable

appropriate individuals to secure paid employment or training leading to

employment, including basic education and continuing education.  Services

include counseling to explore with the individual his current readiness or

potential for employment and to assess the feasibility of seeking training or

employment in relation to the total needs of the family; providing information

about and referral to educational resources, training programs, and possible

sources of employment; and counseling and information to encourage and support

the individual's employment objectives with respect to such topics as grooming,

how to apply to appropriate resources, employer expectations, and constructive

resolution of work related problems.  Also included is arrangement for or

provision of general and specialized diagnostic tests and evaluations to assess

the individual's potential for employment and any limitations which affect

employment or training.  Transportation, when needed to enable individuals to

make application and interview for employment and to participate in training

leading to employment, may be provided on an optional basis.

(b)  Components.  None.

(c)  Resource Items.  At provider option, payment for

resource items may be provided to facilitate the provision of employment and

training support services.  Resource items include tuition, supplies, and

rental or purchase of books when needed to assist in meeting the usual expenses

of obtaining vocational training, basic education, or a high school education

or its equivalent in public or private technical institutes or community

colleges; lunches, uniforms, and subject to state office approval, tools and

other equipment necessary to enable individuals to accept training or

employment when such items are not otherwise available.

(d)  Target Population.  Individuals who are unable to

obtain or retain adequate employment.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1979; July 1, 1979; October 1,

1978; October 1, 1977;

Transferred from T10.43D .0208 Eff. July 1, 1983;

Amended Eff. July 1, 1984.

 

10A NCAC 71R .0906       FOSTER CARE SERVICES FOR ADULTS

(a)  Primary Service.  Foster care services for adults means

recruitment, study and development of family care homes and group care

facilities; evaluation and periodic re-evaluation to determine if the home or

facility meets the needs of the individuals it serves; and consultation and

technical assistance to help family care homes and group care facilities to

expand and improve the quality of care provided.

(b)  Components. None.

(c)  Resource Items.  None.

(d)  Target Population.  Aging, blind, or disabled

individuals (18 years or older) or other adults needing to find licensed

substitute homes when unable to stay in own home or moving out of institutional

care.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1979; October 1, 1977;

Transferred from T10.43D .0210 Eff. July 1, 1983;

Amended Eff. March 1, 1994; May 1, 1990; July 1, 1984.

 

10A NCAC 71R .0907       FOSTER CARE SERVICES FOR CHILDREN

(a)  Primary Service.  Foster care services for children

means social casework services through which a plan for substitute care

appropriate to a child's needs is evaluated, arranged, maintained and supervised

either in the home of a court approved relative or in a licensed or a court

approved home or facility when neither of the child's parents are able to care

for him/her in an environment free of neglect or abuse.  Services include the

following: 

(1)           Diagnostic study and evaluation, and

medical examinations when not otherwise available, to determine the appropriate

plan for service and type of placement to meet the child's needs;

(2)           Preparation of the child and natural family

for the separation and placement;

(3)           Supervision of the care of the child and of

the foster care facility to assure that the child receives proper care during

placement;

(4)           Provision of social casework and other

treatment services to facilitate the child's psychosocial adjustment and to

assist the parents or other responsible relatives to improve conditions and

enable the child to return to his/her own home;

(5)           Planning and providing services as

necessary for the placement of the child in the home of other relatives, in an

adoptive home or in continued foster care as appropriate;

(6)           Provision of casework services and

supervision to a child and his/her family from the time the child is returned

to the home of his/her parents to the time court action is completed returning

legal custody of the child to the parents;

(7)           Foster care services includes identifying

children who require placement across state lines, ensuring that such

placements are in environments with persons or caretaking facilities having

licenses and effecting such placements pursuant to the interstate compact on

the placement of children; and

(8)           At county option, the provision of legal

services to facilitate permanent planning for a child. 

(b)  "Placement" pursuant to the interstate laws

means the arrangement for the care of a child in either a family or foster care

facility but does not include any medical facility or facility licensed under

standards adopted by the North Carolina Division of Mental Health,

Developmental Disabilities, and Substance Abuse Services.   Services include

the following:

(1)           Ongoing supervision;

(2)           Recruitment study and development of foster

families and child care facilities, assessment and periodic reassessment to

determine if the home or facility meets the needs of children it serves; and

(3)           Consultation, technical assistance, and

training to assist foster families and care facilities to expand and improve

the quality of care provided.

(c) Components.  Counties may choose between:

(1)           The provision by a foster family home of

services which meet the special needs of children in that home; and

(2)           Basic foster care.

(d)  Resource Items.  At county option, the agency may pay

for resource items to support the child's participation in school.  Resource

items include supplies, special clothes, and fees for membership in school

sponsored extracurricular activities.

(e)  Target Population.  The target population is children

in need of a supervised plan of substitute care.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1981; October 1, 1979; July 1,

1979; October 1, 1978;

Transferred from T10.43D .0211 Eff. July 1, 1983;

Amended Eff. November 1, 2007; May 1, 1990; July 1, 1984.

 

10A NCAC 71R .0908       HEALTH SUPPORT SERVICES

(a)  Primary Service.  Health support services means helping

individuals and families to:

(1)           Recognize health needs including those

related to alcohol and drug abuse;

(2)           Cope with incapacities and limited

functioning resulting from aging or disability; and

(3)           Choose, obtain and use resources and

mechanisms of support under Medicaid (including the early and periodic

screening, diagnosis and treatment program), medicare, maternal and child

health programs and from other public or private agencies or providers of

health services;

(4)           Receive counseling and planning for the

individuals, families and health providers to help assure continuity of

treatment and the carrying out of health recommendations;

(5)           Secure admission to medical institutions

and children to secure admission to other health‑related facilities as

needed; and family planning services as described in Paragraph (b) of this Rule;

and

(6)           At county option, receive transportation,

when not otherwise available as necessary to access needed medical and health

care resources.

(b)  Components.  There are two components to Health Support

Services:

(1)           The Primary Service as described in Paragraph

(a) of this Rule; and

(2)           Family planning services to enable

individuals and families to voluntarily limit the family size or to space the

children, and to prevent or reduce the incidence of births out of wedlock. 

Such services include educational activities, the provision of printed

materials, counseling about family planning and genetics, help in utilizing

medical and educational services available in the community, and educational

services in human sexuality appropriate to an individual's emotional and social

adjustment and physical development.

(c)  Optional Resource Items.

(1)           Medical Services.  An agency may pay for

medical services for nontherapeutic sterilization for individuals who are

recipients of, Work First Family Assistance, SSI, or protective services or

whose family income is less than 80 percent of the Federal Poverty Guidelines

as provided annually in the Federal Register by the U.S. Department of Health

and Human Services (HHS).

(2)           Resources for the Aging or Persons with

Disabilities.  At county option the agency may provide any combination of the

following resource items to enable the aging or persons with disabilities to

attain or maintain the highest level of functioning possible, to promote their

well‑being and to prevent or reduce inappropriate institutional care:

(A)          Assistance with communication to enable individuals

to utilize needed health and medical resources and other community services and

resources through the provision of interpreters for the deaf and the provision

of telephones when not otherwise available for the aging, disabled, or

handicapped who are alone and homebound, or who have a health or medical

condition which necessitates ready access to or frequent use of a telephone in

their home.

(B)          Mobility assistance for aging and disabled persons,

through the installation of ramps, rails and other safety measures at the

individual's home and the provision of escort service to health facilities and

other needed resources for individuals unable to travel or wait alone.

(C)          Arranging for or providing friendly visitors or

companions for part of a day to assist individuals who, because of frailty,

physical or mental disability or social isolation, have limited contacts with

other people. 

(D)          Provision of special health needs and supplies such

as ostomy supplies, oxygen, bandages, orthopedic and other appliances needed by

aging and disabled individuals in their own homes and not available through

Medicaid, Medicare or resources without cost.

(d)  Target Population:  The target population includes:

(1)           individuals or families experiencing health

related problems;

(2)           for the family planning component,

individuals (male or female) who are of age to produce children.

 

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

Eff. February 8, 1977;

Amended Eff. March 1, 1983; September 1, 1982; March 1,

1982; October 1, 1979;

Transferred from T10.43D .0212 Eff. July 1, 1983;

Amended Eff. March 1, 1994; July 1, 1984;

Temporary Amendment Eff. October 21, 1996;

Amended Eff. November 1, 2007; July 1, 1998.

 

10A NCAC 71R .0909       HOUSING AND HOME IMPROVEMENT service

(a)  Housing and home improvement is a supportive service

which may 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 individuals and families 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 to individuals and families to enable them to

obtain housing, retain the housing they have or return to independent housing.

(2)           Home improvement services that identify

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

provide needed improvements to resolve those issues including modifications to

the home to promote mobility.

(3)           Provision of, or replacement of, basic

furnishings or household appliances which promote independent living.

(b)  Target Population.  Individuals or families who reside

within a county where housing and home improvement services are funded and need

one or more elements of the service are considered the target population.  Within

the target population eligible individuals or families must be served in the

following order of priority when there are others waiting for service: 

(1)           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 defined in 10A NCAC 71R .0915 and .0916, or intervention

plan as referred to in 10A NCAC 70A .0107, including all subsequent amendments;

(2)           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;

(3)           adults with extensive ADL or IADL

impairments who are at risk of placement in a health care facility as defined

in G.S. 108A-60;

(4)           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;

(5)           adults with three or more ADL or IADL

impairments; and

(6)           adults with one or two ADL or IADL

impairments.

(c)  The terms ADL and IADL as used in this Section are

defined in 10A NCAC 06W .0105, including all subsequent amendments. 

 

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

Eff. February 8, 1977;

Amended Eff. July 1, 1982; October 1, 1980; October 1, 1979; October 1, 1977;

Transferred from T10.43D .0215 Eff. July 1, 1983;

Amended Eff. July 1, 2007; December 1, 1992; July 1, 1984.

 

10A NCAC 71R .0910       INDIVIDUAL AND FAMILY ADJUSTMENT

SERVICES

(a)  Primary Service.  Individual and family adjustment

services are designed to offer assistance to individuals and their family

members in support of attempts to restructure or solidify the individual's

environment.  Activities include counseling to enable the individual to

recognize, understand, and cope with problems and conflicts in regard

specifically to such areas as household management, consumer affairs, family

life, alcoholism, drug addiction, mental retardation, emotional disturbance,

and school related problems.  Such counseling is also designed to help

individuals independently utilize community resources, including other social

services; take advantage of natural support systems; and achieve an adequate

level of functioning within the family.  Also included is arranging for other

services when needed to support the provision of individual and family

adjustment services; diagnostic psychological study and evaluation necessary to

determine the appropriate plan of service; activities associated with

fulfilling the agency's responsibility to serve as guardian or representative

payee for individual clients; and social development through therapeutic groups

as a part of a service plan to give individuals opportunities for participation

in structured group activities focused on helping them cope with personal

problems, develop capacities for more adequate social functioning and relieve

social isolation.

(b)  Components.  Day or residential camp experience for

school‑age children and therapeutic camp for developmentally disabled or

handicapped individuals and their families and for youths whose behavior is

delinquent or undisciplined may be provided at county option.

(c)  Resource Items.  None.

(d)  Target Population:

(1)           individuals who need assistance in order to

fully and appropriately utilize social services;

(2)           individuals who need assistance in coping

with specific problems, such as household management, consumer affairs, family

life, alcoholism, drug addiction, mental retardation, emotional disturbance,

and school related problems.

 

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

Eff. July 1, 1979;

Transferred from T10.43D .0237 Eff. July 1, 1983;

Amended Eff. July 1, 1984; December 1, 1983.

 

10A NCAC 71R .0911       IN‑HOME AIDE SERVICES

In‑home aide services are provided to enable

individuals and families to remain in or return to their own homes and

communities.  To this end, at least one level of this service must be available

in each geographic area.

(1)           Primary Service.  In‑Home Aide Services are

those paraprofessional services which assist individuals and children and their

families with essential home management tasks, personal care tasks, or

supervision, or all of the tasks in this Paragraph, to enable individuals and

children and their families to remain, and function effectively, in their own

homes as long as possible.

(2)           Component.  In‑Home Aide Services may be used

for the purpose of providing respite for a primary caregiver or for parents. 

For this purpose, In‑Home Aide Services may be provided to individuals in

their own homes or in the home of their primary caregiver and to children and

their families in their own homes.  Respite Care may consist of any level of

home management or personal care tasks.

(3)           Resource Items.  None.

(4)           Target Population.  Individuals who are unable to

carry out tasks essential to the activities of daily living or the instrumental

activities of daily living, or both, who have no responsible person available

to perform these tasks, and who need the service in order to remain in their

own homes.  Children and their families who need help remaining in their own

homes, or who need help in maintaining, strengthening, and safeguarding their

functioning because of economic dependency, physical or emotional illness or

handicap or to preserve and strengthen family functioning.  Also included are

children and functionally impaired individuals whose primary caregivers or

parents need relief from everyday caregiving responsibilities in order for the

children and impaired individuals to remain at home.  Within the target

population eligible clients must be served in the following order of priority:

(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;

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

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

(c)           adults with extensive ADL or IADL impairment

who are at risk of placement in substitute care and children who are at risk of

placement in substitute care;

(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 a part of permanency planning to enable a child to

return home from substitute care; and adults with three or more ADL or IADL

impairments;

(e)           adults with one or two ADL or IADL

impairments.

 

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

Eff. July 1, 1979;

Amended Eff. July 1, 1982; October 1, 1981; October 1,

1980; October 1, 1979;

Transferred from T10.43D .0238 Eff. July 1, 1983;

Amended Eff. December 1, 1991; May 1, 1985; July 1, 1984.

 

10A NCAC 71R .0912       PERSONAL AND FAMILY COUNSELING

(a)  Primary Service.  Personal and family counseling means

the rendering of counseling services or therapy to individuals, either singly

or in groups, for the purpose of resolving emotional conflicts within social

relationships.  It operates through a process of mobilizing the strengths

inherent in the person which are needed to deal with immediate situations and

developing the coping ability of the family and its members to use themselves

effectively in life roles and tasks.  The process involves a professional

relationship with a skilled counselor to help the clients assess the situation,

to plan steps for dealing with it, and to take appropriate action.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  Individuals experiencing stress

which impedes satisfactory emotional adjustment and is causing serious

conflicts in interpersonal relationships.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1979;

Transferred from T10.43D .0219 Eff. July 1, 1983;

Amended Eff. May 1, 1990; July 1, 1984.

 

10A NCAC 71R .0913       PREPARATION AND DELIVERY OF MEALS

(a)  Primary Service.  This service means the preparation

and delivery of nutritious meals to a blind, aging, or disabled individual in

his own home or in a central dining facility as necessary to prevent

institutionalization or malnutrition.  The cost of raw food necessary to

provide the meal service is included.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  Blind, aging, or disabled

individuals needing nutritious meals in their own home or in a central dining

facility as necessary to prevent malnutrition or institutionalization.  Within

the target population, eligible clients shall be provided meal services in the

following order of priority:

(1)           aged or disabled individuals who need the

service to avoid impending placement in substitute care (e.g. nursing home,

domiciliary home, foster home) and adults who need the service as part of a

protective services plan;

(2)           aged or disabled adults who live alone and

need the service to maintain self‑sufficiency and prevent deterioration

that may lead to placement in substitute care;

(3)           aged and disabled individuals who can

receive some needed care from others but who need the service to enable their

caregivers to maintain employment of to otherwise support the caregiver's

efforts to keep them in their own homes.

 

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

Eff. February 8, 1977;

Amended Eff. July 1, 1982; October 1, 1979;

Transferred from T10.43D .0220 Eff. July 1, 1983;

Amended Eff. July 1, 1984.

 

10A NCAC 71R .0914       PROBLEM PREGNANCY SERVICES

(a)  Primary Service.  Problem pregnancy services are

services to individuals who are involved with an undesired pregnancy.  Services

include counseling to assist such individuals in looking at alternative solutions

to the unwanted pregnancy (i.e., abortion, adoption, or keeping the baby), and

at the probable consequences of each alternative, and assistance in arranging

for and utilizing other needed services.  Residential care, including a

concentrated regimen of services as described in (a) of this Rule, room and

board for up to six months, medical supervision, and medications required for

health maintenance in pregnancy as prescribed by a physician may be provided

when such care is provided in an approved living arrangement prescribed in 10A

NCAC 71L .0101(5) and .0102(f).  Psychiatric counseling specifically related to

help in coping with the pregnancy may also be included as an integral but

subordinate part of the regimen of residential services.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  Individuals (male or female)

involved with an undesired pregnancy.  The residential care component is

available to females.

 

History Note:        Authority G.S. 143B‑153(2a)b.;

Eff. February 8, 1977;

Amended Eff. October 1, 1979; July 1, 1978;

Transferred from T10.43D .0221 Eff. July 1, 1983;

Amended Eff. May 1, 1990; October 1, 1987; July 1, 1984.

 

10A NCAC 71R .0915       PROTECTIVE SERVICES FOR ADULTS

(a)  Primary Service.  Protective services for adults are

services provided to correct or prevent further abuse, neglect, exploitation or

hazardous living conditions of individuals 18 years of age or older or lawfully

emancipated minors who are unable to manage their own resources, carry out the

activities of daily living or protect their own interests.  Services include

acceptance and evaluation of reports of the need of individuals for protective

services; planning and counseling with such individuals and their relatives or

caretakers to identify, remedy or prevent problems which result in abuse,

neglect or exploitation; assisting in arranging for appropriate alternate

living arrangements in the community or in an institution; and arranging for

the provision of medical, legal and other services as needed and appropriate. 

Also included are assistance in arranging for protective placement,

guardianship or commitment when needed as part of the protective services plan,

and carrying out the duties of guardian or representative payee when part of a

protective services plan; and the provision of medical and psychological

diagnostic studies and evaluations where needed to substantiate and assess the

circumstances of abuse or neglect.  At its option, the county may provide

advocacy, including legal services, to assure receipt of rights and

entitlements due to adults at risk, and services of lawyers to represent the

agency where court action is necessary to protect adults.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  "Disabled" adults (18

years or older or lawfully emancipated minor) who are unable to manage their

own resources, carry out activities of daily living, or protect their own

interests.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1981; October 1, 1979; October 1,

1977;

Transferred from T10.43D .0222 Eff. July 1, 1983;

Amended Eff. May 1, 1990; July 1, 1984; December 1, 1983.

 

10A NCAC 71R .0916       PROTECTIVE SERVICES FOR CHILDREN

(a)  Primary Service.  Protective services for children are

social services provided to children and their parents or other caretakers in

response to instances of actual or suspected child neglect, abuse or

dependency.  The primary elements of protective services consist of:

(1)           Identifying children at risk;

(2)           Receiving and assessing reports of neglect,

abuse or dependency;

(3)           Evaluating the degree of damage or risk to

the child;

(4)           Cooperating with law enforcement agencies

as required to obtain suitable care and services for children in or out of

their own homes and initiation of court action where necessary;

(5)           Counseling and planning with the child's

family toward the solution and prevention of problems causing neglect, abuse or

dependency; and

(6)           Arranging for the provision of, and

assisting families in utilizing appropriate services and community resources

such as foster care, child care, health and mental health services, and homemaker

services as needed.  These services are included for runaways, harmed or

threatened with harm by virtue of their status as runaways.  Included also are

service activities necessary to carry out statutory responsibility to approve

or disapprove the separation of a child under six months of age from its

parent.  The county may provide counseling and therapy for children and their

parents or guardians, training courses for parents or guardians of the

individual child, and services of lawyers to represent the agency where court

action is necessary to protect children.

(b)  Components:

(1)           A component of protective services for

children is the provision of medical, psychological and medicolegal diagnostic

studies and evaluations where needed to substantiate, find services needed and

assess the circumstances of abuse or neglect are included;

(2)           A component of protective services for

children may be the provision of emergency shelter, at county option.

(c)  Resource Items.  There are no resource items.

(d)  Target Population.  The target population is children

(birth through 17 years) in actual or suspected danger of child neglect, abuse,

or dependency.

 

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

Eff. February 8, 1977;

Amended Eff. October 1, 1979; October 1, 1977;

Transferred from T10.43D .0223 Eff. July 1, 1983;

Amended Eff. November 1, 2007; July 1, 1984; December 1,

1983.

 

10A NCAC 71R .0917       RESIDENTIAL TREATMENT FOR THE

EMOTIONALLY DISTURBED

(a)  Primary Service.  Residential treatment means services

provided in an environment effectively structured and designed as a therapeutic

milieu to meet individualized needs of emotionally disturbed individuals. 

Services should initiate and direct recovery from the incidence and

debilitating effects of emotional disturbance in such manner that

rehabilitation toward adequate social and emotional functioning can be

continued by follow‑up support and treatment in home and community. 

Included are room and board for up to six consecutive months for any one

placement in residential treatment.  Psychiatric counseling and drug therapy

specifically related to the treatment of the individual's emotional disturbance

may be provided as integral but subordinate to the regimen of residential

treatment services.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  Emotionally disturbed children who

are a placement responsibility (by legal custody or voluntary agreement) of

county departments of social services and for whom other program resources are

not available.

 

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

Eff. July 1, 1979;

Amended Eff. April 1, 1983;

Transferred from T10.43D .0240 Eff. July 1, 1983;

Amended Eff. July 1, 1984.

 

10A NCAC 71R .0918       TRANSPORTATION SERVICES

(a)  Primary Service.  Transportation services mean

providing transportation as part of a service plan to enable individuals for

whom transportation is not otherwise available to have access to medical and

health resources, shopping facilities, education, recreational and employment

and training opportunities, and other community facilities and resources, and

to support the delivery of other social services.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  All individuals in need of the

service who meet the general eligibility criteria.

 

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

Eff. February 8, 1977;

Amended Eff. July 1, 1979;

Transferred from T10.43D .0230 Eff. July 1, 1983;

Amended Eff. July 1, 1984.

 

10A NCAC 71R .0919       ADULT PLACEMENT SERVICES

(a)  Primary Service.  Adult Placement Services are

activities necessary to assist aging or disabled individuals and their families

or representatives in finding substitute homes or residential health care facilities

suitable to their needs when they are unable to remain in their current living

situations.  Activities include completing an initial screening and assessment

while providing counseling to help the individual and his family or

representative to determine the need for initial or continued placement;

assisting in the process for completing necessary financial applications and

medical evaluations; helping to locate and secure placement in a suitable

setting and level of care; supporting an individual and his family or

representative in the individual's transition from one location to another; and

providing counseling and other services to help the individual adjust to the

new setting and maintain the placement.  Adult Placement Services also include

assisting individuals, when requested, to return to more independent settings

in the community, or to relocate in more appropriate settings when new levels

of care are needed.

Adult Placement Services must be provided by every county

department of social services.

(b)  Components.  None.

(c)  Resource Items.  None.

(d)  Target Population.  An individual is considered to be

in the target population if Adult Placement Services are appropriate and

desired based on one of the following client needs:

(1)           Adults who are unable to maintain

themselves in their own homes independently or with available community or

family supports.

(2)           Adults who are living in substitute homes,

residential health care facilities or institutions, and who need assistance in

relocating due to changes in the level of care needed or other factors

indicating that alternative settings may be more appropriate.

(3)           Adults who are living in substitute homes,

residential health care facilities or institutions, and who need assistance in

returning to more independent living arrangements in the community.

(4)           Adults who are living in substitute homes

or residential health care facilities, and who need assistance in adjusting to

or maintaining their placements due to individual or family problems or a lack

of resources.

This target population includes

wards for whom the director or assistant director of the county department of

social services is the guardian.

(e)  Once an individual is determined to be in the target

population, Adult Placement Services are provided in the following order of

priority:

(1)           Adults receiving protective services for

whom Adult Placement Services is in their protective services plans.

(2)           Adults who are at risk of abuse, neglect,

or exploitation because:

(A)          they need assistance with activities of daily

living, instrumental activities of daily living, or health care and they have

no caregiver, or the caregiver is not able, willing or responsible to provide

the amount or type of assistance needed; or

(B)          they were previously abused, neglected or exploited

and the conditions leading to that situation continue to exist.

(3)           Adults who have problems which place them

at risk of losing their current living situations.

(4)           Adults who do not meet any of the first

three priority groups but whose quality of life would be improved with Adult

Placement Services.

 

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

Eff. March 1, 1994.