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.