STUDY OF THE RESPONSIBILITY OF SOCIAL SERVICE …1995-96 BUDGET COMMITTEE ON HUMAN SERVICES STUDY During the 1995-96 interim, the Budget Committee on Human Services, as mentioned previ-ously,

STUDY DIRECTIVEHouse Concurrent Resolution No. 3032 directs

the study of the responsibilities of county socialservice agencies as they are distinguished from theresponsibilities of regional human service centers andthe Department of Human Services when providingservices to children and their families and personswith disabilities, including the elderly. Reasons citedin the resolution for the study include:

The study represents a continuation of theBudget Committee on Human Services studyduring the 1995-96 interim which conducted asimilar study that focused on economic assis-tance programs and the state and countyfinancing and administrative responsibilities;North Dakota Century Code (NDCC)Chapter 50-06 establishes the Department ofHuman Services and its components as theagency responsible for administeringprograms for children and their families,persons with developmental disabilities,crippled children, aging services, mentalhealth services, and alcohol and drugservices;North Dakota Century Code Section50-06-05.1 directs the department to directand supervise county social service boardactivities that are financed with funds distrib-uted by the department; Section 50-06-05.1 directs the department tocarry out various human service programs andregulatory functions which the departmenthas delegated to county social serviceagencies; andEach program or function delegated to countyagencies may have a unique method of assur-ance compliance, and the role of countygovernment in the delivery system may varyfrom county to county.

Attached as Appendix “A” is a copy of HouseConcurrent Resolution No. 3032 .

OTHER RELATED 1997-98 INTERIM STUDIES

The Legislative Council’s Child SupportCommittee is studying the provision of child supportservices and child care licensing as required bySection 14 of House Bill No. 1041. In addition, theBudget Committee on Long-Term Care is studyingareas related to the provision of services for theelderly, including basic care rate equalization, themonitoring of Alzheimer’s and case managementpilot projects, the expansion of home and community-based service availability, the combination of servicereimbursement payment sources for the elderly anddisabled, American Indian long-term care needs, andlong-term care financing issues.

1995-96 BUDGET COMMITTEE ON HUMAN SERVICES STUDY

During the 1995-96 interim, the BudgetCommittee on Human Services, as mentioned previ-ously, studied the responsibilities of county socialservice agencies, regional human service centers, andthe Department of Human Services, with an emphasison economic assistance programs. The committeeheld meetings at various locations around the stateand received testimony from county officials andother interested persons regarding human servicespriorities and suggested changes to the humanservices delivery system.

The Department of Human Services, the NorthDakota Association of Counties, and the North DakotaAssociation of Social Service Board Directors met anddiscussed alternative methods of delivery and fundingof the administration of economic assistanceprograms. As a result of this task force’s recommen-dations to the committee, 1997 House Bill No. 1041was introduced and was passed by the 1997 Legisla-tive Assembly which requires counties, effectiveJanuary 1, 1998, to assume the financial responsi-bility for the cost of administering economic assis-tance programs in return for the state assumingcomplete financial responsibility for the grant costs ofmedical assistance and basic care. Attached asAppendix “B” is a copy of 1997 House Bill No. 1041.

The Department of Human Services/County TaskForce also included work groups in the areas ofchildren and family services. The work groups wereunable to complete their work, resulting in the study

STUDY OF THE RESPONSIBILITY OF SOCIAL SERVICE AGENCIES PROVIDINGSERVICES TO CHILDREN, FAMILIES, THE DISABLED, AND THE ELDERLY -

BACKGROUND MEMORANDUM

Prepared by the North Dakota Legislative Councilstaff for the Budget Committee on Human Services

June 1997

resolution before the committee. Attached asAppendix “C” is a copy of a mission statement andoverview of a vision for future services to be providedby county social services. This document waspresented to the 1995-96 interim Budget Committeeon Human Services by representatives of the FinanceCommittee of the North Dakota Association of SocialService Board Directors.

1997 HOUSE BILL NO. 1041House Bill No. 1041 discussed briefly earlier and

attached as Appendix “B” requires counties, effectiveJanuary 1, 1998, to assume the financial responsi-bility for the cost of administering locally adminis-tered economic assistance programs that include:

Temporary assistance for needy families.Child support enforcement programs.Programs established under NDCC Section50-06-01.8.Employment and training programs.Child care assistance programs.Medical assistance, including early periodicscreening, diagnosis, and treatment.Food stamp programs, including employmentand training programs.Refugee assistance programs.Basic care services.Energy assistance programs.Information and referral.

In exchange, the state bears the cost, in excess ofthe amount provided by the federal government, ofthe following programs:

1. Medical assistance (counties are responsiblefor 15 percent of the amount expended inNorth Dakota in excess of that provided by thefederal government for medical assistance inthe form of payments for care furnished torecipients of therapeutic foster care services);

2. Housing assistance payments (NDCC Section50-06-05.1(9));

3. Supplements provided under NDCC Chapter50-24.5 as basic care services;

4. Services provided under NDCC Section50-06-06.8 and NDCC Chapter 50-09 as childcare assistance;

5. Services provided under Chapter 50-09 asemployment and training;

6. Welfare fraud detection programs;7. Temporary assistance for needy families; and8. Special projects approved by the department

and agreed to by any effective county socialservices board.

Section 8 of House Bill No. 1041 provides thatbefore August 1 of each year the boards of countycommissioners shall make a collective recommenda-tion to the department regarding the distribution

among counties of the social service block grantfunds and child support incentive funds available tothe department for distribution to county socialservice boards. The department shall consider therecommendation in determining the distribution tothe county social service boards in the followingcalendar year.

Attached as Appendix “D” is information preparedby the Department of Human Services after the1997 Legislative Assembly regarding the impact ofHouse Bill No. 1041 on counties individually andcollectively for the period January 1, 1998, throughJune 30, 1999. The schedule shows that in total allcounties received savings of $3,706,409 for the18-month period. The North Dakota Association ofCounties, in testimony provided during the 1997Legislative Assembly on House Bill No. 1041,expressed concerns that the “savings” are based onestimates and in part reflect the avoidance bycounties of increased costs that may have become acounty responsibility without the “swap.”

1997 HOUSE BILL NO. 1226The 1997 Legislative Assembly passed House Bill

No. 1226 which provided for welfare reform. Section67 of the bill, effective January 1, 1998, requirescounties to be responsible for the costs of administra-tion of the temporary assistance for needy families(TANF) program, with local expenses of administra-tion, including the cost for personnel, space, equip-ment, computer software, materials, travel, utilities,and related costs and not including the initial acquisi-tion of computers and related hardware approved bythe department for the training, education, employ-ment, and management program, custom computerprograms, and other computer development under-taken at the direction of the department to the extentthose costs exceed the county’s cost of operation ofthe technical eligibility computer systems in calendaryear 1995, adjusted by the increase in the consumerprice index for all urban consumers.

Section 69, effective July 1, 1997, amends NDCCSection 50-09-21 to provide that counties are respon-sible for their respective share of the program costsof the TANF program with all counties’ share ofprogram costs equal to 5.2 percent of statewideprogram costs. This is in effect until January 1,1998, when the section is repealed and the stateassumes the full nonfederal cost of the TANF grantprogram (Section 70). Attached as Appendix “E” is acopy of Sections 67 and 69 of House Bill No. 1226.

STUDY PLANThe following is a study plan for the committee’s

consideration regarding the committee’s study of theresponsibilities of county social service agencies,

2

regional human service centers, and the Departmentof Human Services regarding providing services tochildren and their families, persons with disabilities,and the elderly:

1. Receive testimony from representatives of theDepartment of Human Services, the NorthDakota Association of Counties, the NorthDakota Association of County Social ServiceBoard Directors, regional human servicecenter directors, and the North Dakota CountySocial Service Boards Association concerning:

Suggested issues to be considered by thecommittee;Suggested changes to better define therespective responsibilities of counties,regional centers, and the central office ofthe Department of Human Services forthese services; and

Information on service costs, funding, andrelated caseloads and performancestandards.

2. Receive information from the Department ofHuman Services regarding the implementa-tion of House Bill No. 1041 regarding the“swap” of state and county responsibilities foreconomic assistance programs.

3. Receive testimony from other interestedpersons regarding the committee’s study,including service providers and representa-tives of organizations representing clients andproviders.

4. Develop recommendations and any necessarylegislation to implement the recommend-ations.

5. Prepare a final report for submission to theLegislative Council.

ATTACH:5

3

APPENDIX "A"

Fifty-fif~h Legis.lative ~ssembly, State of North Dakota, begun in theCapItol In the City of Bismarck, on Monday, the sixth day of January,

one thousand nine hundred and ninety-seven

HOUSE CONCURRENT RESOLUTION NO. 3032(Representatives Maragos, Svedjan, Price)

(Senators Kelsh, Nalewaja)

A concurrent resolution directing the Legislative Council to study the responsibilities of county socialservices as they are distinguished from the responsibilities of regional human service centersand the Department of Human Services when providing services to children and their familiesand persons with disabilities, inclUding the elderly.

WHEREAS, North Dakota Century Code Chapter 50-06 establishes the Department of HumanServices and its various components as the agency responsible for administering programs for childrenand families, persons with developmental disabilities, crippled children, aging services, mental healthservices, and alcohol and drug services; and

WHEREAS, Section 50-06-05 directs the Department of Human Services to carry out varioushuman service programs and regulatory functions which the department has delegated to county socialservice agencies; and

WHEREAS, the role of county govemment in this delivery system is often open toadministrative interpretation and may vary from region to region and county to county; and

ilIII

WHEREAS, each program or function delegated to county agencies has a unique method foriI assuring compliance with the departmenrs wishes; and

ii

:1!I WHEREAS, Section 50-06-05.18 directs the Department of Human Services to direct andd supervise county social service board activities as may be financed with funds distributed by the:1 department; and.,01

Ii.1,.,'III

WHEREAS, during the 1995-96 interim the Legislative Council's BUdget Committee on HumanServices undertook a similar study of economic assistance programs which has led to proposals forsignificant changes in these programs; and

WHEREAS, the 1995-96 interim Budget Committee on Human Services had intended to include! social services prOVided to children and families and persons with disabilities, including the elderly, butIi was unable to complete the work within the time available;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OFNORTH DAKOTA, THE SENATE CONCURRING THEREIN:

That the Legislative Council study the responsibilities of county social services as they aredistinguished from the responsibilities of regional human service centers and the Department of HumanServices when providing services to children and their families and person with disabilities, includingthe elderly; and

BE IT FURTHER RESOLVED, that the Legislative Council report its findings andrecommendations, together with any legislation required to implement the recommendations, to theFifty-sixth Legislative Assembly.

IIi

jiII'.

Filed March 18, 1997

APPENDIX "B"

Fitty.fif~h Legis.lative ~ssembly, State of North Dakota, begun in theCapltolm the City of Bismarck, on Monday, the sixth day of January,

one thousand nine hundred and ninety-seven

HOUSE BILL NO. 1041(Legislative Council)

(Budget Committee on Human Services)(Representatives Boucher, Sandvig, Svedjan)

(Senators Kelsh, O'Connell, Lips)

AN ACT to create and enact four new sections to chapter 50-01,2, four new sections to chapter 50-03,a new subsection to section 50-06-05.1, a new. section to chapter 50-06, a new section tochapter 50-24.1, and a new section to chapter 50-24.5 of the North Dakota Century Code,relating to the administration and financing of human services programs; to repeal sections50-03-07, 50-09-16, 50-09-17, 50-09-18,50-09-20, 50-09-20.1,50-09-20.2, 50-09-21, 50-09-22,50-24,1-03, and 50-24,5-06 of the North Dakota Century Code, relating to the administrationand financing of human service programs; to require a legislative council study; and to providean effective date.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 50-01.2 of the North Dakota Century Code is createdand enacted as follows:

Definitions. In this chapter, unless the context otherwise requires:

1. "Department" means the department of human services.

2. "Local expenses of administration" includes costs for personnel, space, equipment,computer software, costs associated with achieving caseload ratios of sixty-five cases toone worker, materials, travel, utilities, and related costs, and the indirect costs properlyallocated to those costs. The term does not include initial acquisition of computers andrelated hardware approved by the department for the training, education, employment, andmanagement program, custom computer programs, custom software development,computer operations undertaken at the direction of the department, and computerprocessing costs to the extent those costs exceed, in any calendar year. that county'scosts of operation of the technical eligibility computer system in calendar year 1995increased by the increase in the consumer price index for all urban consumers (all items,United States city average) after January 1, 1996, or, unless agreed to by the county socialservice board, any costs related to pilot programs before the programs are implemented ona statewide basis.

3. "Locally administered economic assistance programs" means those primary economicassistance programs that need to be accessible to all citizens of the state through a countysocial service office and include:

a. Temporary assistance for need families;

b. Child support enforcement programs;

c. Programs established under section 50-06-01.8;

d. Employment and training programs;

e. Child care assistance programs;

f. Medical assistance, including early periodic screening, diagnosis, and treatment;

H. B. No. 1041 - Page 2

g. Food stamp programs, including employment and training programs;

h. Refugee assistance programs;

i. Basic care services;

j. Energy assistance programs; and

k. Information and referral.


Standards of administration· Action upon failure to administer· Peer review committee·Appeal.

1. The department shall adopt standards for administration for locally administered economicassistance programs and shall provide training for the implementation of those standards.Each county social service board shall provide for administration of locally administeredeconomic assistance programs that meet those standards.

2. If a county social service board fails to provide for administration of locally administeredeconomic assistance programs that meet the standards adopted under subsection 1, thedepartment may take any of the following actions:

a. Provide training to the persons responsible for administration.

b. Require the county social service board to prepare and implement a corrective actionplan.

c. Appoint a receiver to act in place of the county social service board.

3. At least thirty days before taking any action under subsection 2, the department shallprovide notice of its proposed action to the county 'social service board and the board ofcounty commissioners of the affected county. The notice must describe the proposedaction and the reasons therefor.

4. If the county disputes a notice of proposed action, the board of county commissioners,before the effective date of the action, shall:

a. Request reconsideration by the department;

b. Propose an alternative action under subsection 2;

c. Request a peer review; or

d. Make any combination of these responses.

5. If the county's response includes a request for reconsideration or proposed alternativeaction under subsection 2, the department promptly shall consider that request or proposaland notify the county of its determination.

6. If the county's response includes a request for a peer review, the board of countycommissioners shall name two members of a peer review committee, the department shallname two members of the peer review committee, and those four committee membersshall name a fifth member of the peer review committee. At least one member of the peerreview committee must be a member of a board of county commissioners and at least twomembers of the peer review committee must be county social service board directors orformer county social service board directors. No member of the peer review committeemay hold or have held office as county social service board director, or as a member of thecounty social service board or board of county commissioners, or be a resident of thecounty requesting the peer review.

H. B. No. 1041 - Page 3

7. A peer review must be based upon written submissions made by the department and thecounty requesting the peer review. The county submission must be made within fifteendays after the county requests peer review. and the departmenfs submission must bemade within fifteen days after receipt of a copy of the county's submission. The peerreview: committee may direct written questions to the parties. and the parties shall respondin writing within fifteen days.

8. A committee member designated by the department shall chair the peer review committee.The committee shall meet at the call of the presiding officer. and may meet byteleconference. Any committee action must be by motion. A decision on the county'srequest must be made within sixty days after receipt of the county's request. and subject tosubsection 9. is binding on both parties.

9. The decision of the peer review committee is a final administrative decision. That decisionmay be appealed to the district court. and for that purpose. the decision must be treated asa decision on a request for rehearing made pursuant to section 28-32-14. Appeal to thedistrict court must be taken in the manner required by section 28-32-15. The departmentshall submit a record consisting of:

a. Submissions made. and questions asked and answered. under subsection 7; and

b. The motion and vote upon which the peer review committee acted to decide thematter.

10. A timely dispute of a notice to appoint a receiver under subsection 2 stays that action untilthirty days after issuance of a decision by a peer review committee.

11. A timely appeal of a decision by a peer review committee stays that decision untildetermination of that appeal.

12. A receiver appointed under this section may take any action that may lawfully be taken bythe county social service board and may draw upon the human services fund.

13. Members of a peer review committee are entitled to receive compensation by thedepartment in the same amounts as members of the legislative council. The countyrequesting the review shall reimburse the department for one-half of that cost.


Board may contract. In addition to actions a county social service board may take underchapter 54-40. a board may contract with another county social service board. the receiver of a countysocial service board appointed under section 2 of this Act. the department. or any other public or privateperson to discharge any of its duties or exercise any of its powers to administer economic assistanceprograms.


County duties· Financing In exceptional circumstances.

1. Each county social service board shall administer. under the direction and supervision ofthe department:

a. Locally administered economic assistance programs;

b. Replacement programs with substantially similar goals. benefits. or objectives; and

c. When necessary, experimental. pilot, or transitional programs with substantiallysimilar goals. benefits. or objectives.

H. B. No. 1041 -Page 4

2. On or before February twenty-eighth of each year, each county shall report to thedepartment the total amount of county funds expended in the previous year to meet thecost of providing human services required under this title and the number of mills that musthave been levied by that county in the prior year to raise that total amount. Upon receipt ofreports from all counties, the department shall determine the statewide average of the milllevies and identify each county that levied ten mills more than that average. Eachidentified county is entitled to a share of funds appropriated for distribution under thissubsection. Each identified county's share is determined by:

a. Reducing its mill levy necessary to meet the costs of providing human servicesrequired under this title by the statewide average mill levy determined under thissubsection plus ten mills;

b. Determining the amount that could have been raised in that county and year througha mill levy in the amount calculated under subdivision a;

c. Totaling the amounts determined under subdivision b for all counties entitled to adistribution;

d. Calculating a decimal fraction equal to each identified county's proportionate share ofthe total determined under subdivision c; and

e, Multiplying that decimal fraction times one-half of the biennial appropriation.

3. The department shall seek appropriations for the purpose of providing additional financialassistance to county social service boards for human service program costs and localexpenses of administering human service programs in counties in which the presence ofan Indian reservation substantially reduces the amount of property subject to taxation.

SECTION 5. A new section to chapter 50-03 of the North Dakota Century Code is created andenacted as follows:

Definitions. Terms defined in chapter 50-01.2 have the same meaning when used in thischapter.


Appropriation for county social service board administration and programs. The board ofcounty commissioners of each county annually shall appropriate and make available to the humanservices fund an amount sufficient to pay:

1, The local expenses of administration of locally administered economic assistanceprograms; and

2. That county's share of fifteen percent of the amount expended in this state, in excess ofthe amount prOVided by the federal government, for medical assistance in the form ofpayments for care furnished to recipients of therapeutic foster care services; and

3, That county's share of the cost of other family preservation services, including intensivein-home services, provided under title VI-B, subpart 2, of the Social Security Act [Pub. L.103-66, title XIII, 13711 (a)(2); 107 Stat. 649, et seq.; 42 U.S.C. 629, et seq.], as amended,as may be agreed to by the department and the county social board.


Department to develop formula. The department, with the cooperation of the boards ofcounty commissioners, shall develop a formula to be used to determine the appropriate amount of eachcounty's share under subsection 2 of section 6 of this Act.

H. B. No. 1041 . Page 5


County commissions to make recommendations. Before August first of each year, theboards of county commissioners of the counties shall make a collective recommendation to thedepartment conceming the distribution between counties, of the social service block grant funds,general fund equivalents of social service block grant funds, and child support incentive funds availableto the department for distribution to county social service boards. The department shall consider therecommendation of the county commissioners in determining the distribution to the county socialservice boards, in the following calendar year, of the social service block grant funds, general fundequivalents of social service block grant funds, and child support incentive funds available to thedepartment for that purpose.

SECTION 9. A new subsection to section 50-06-05.1 of the North Dakota Century Code iscreated and enacted as follows:

For purposes of administration of programs, and subject to legislative appropriation, fundsare obligated at the time a written commitment is made to pay a vendor or contractor forservices or supplies either delivered or to be delivered. This subsection applies topayments and commitments made on or after January 1, 1997.


Programs funded at state expense - Interpretation.

1. The state shall bear the cost, in excess of the amount provided by the federal government,of:

a. Except as provided in section 11 of this Act, services provided under chapter 50-24.1 ;

b. Benefits provided under subsection 19 of section 50-06-05.1 ;

c. Supplements provided under chapter 50-24.5 as basic care services;

d. Services provided under section 50-06-06.8 and chapter 50-09 as child careassistance;

e. Services provided under chapter 50-09 as employment and training programs;

f. Welfare fraud detection programs;

g. Temporary assistance for needy families; and

h. Special projects approved by the department and agreed to by any affected countysocial service board.

2. This section does not grant any recipient of services, benefits, or supplements identified insubsection 1, any service, benefit, or supplement that a recipient could not claim in theabsence of this section.


Responsibility for expenditures· Exceptions.

1. Except as otherwise specifically provided in subsection 2 and section 6 of this Act,expenditures required under this chapter are the responsibility of the federal government orthe state of North Dakota.

2. Each county shall reimburse the department of human services the amount required to beappropriated under subsection 3 of section 6 of this Act.

H. B. No. 1041 -Page 6


Responsibility for expenditures. Except as otherwise specifically provided in section 6 of thisAct, expenditures required under this chapter are the responsibility of the state of North Dakota.

SECTION 13. REPEAL. Sections 50-09-16, 50-09-17, 50-09-18, 50-09-20, 50-09-21,50-09-22, and 50-24.1-03 of the North Dakota Century Code and sections 50-03-07, 50-09-20.1,50-09-20.2, and 50-24.5-06 of the 1995 Supplement to the North Dakota Century Code are repealed.

SECTION 14, LEGISLATIVE COUNCIL STUDY OF CHILD SUPPORT SERVICES ANDCHILD CARE LICENSING. The legislative council shall study the provision of child support servicesand child care licensing in this state during the 1997-98 interim. The study must consider whether childsupport services and child care licensing can be more efficiently and effectively provided and, if so, bywhich agency or unit of government. The legislative council shall report its findings, together with anylegislation required to implement the recommendations, to the fifty-sixth legislative assembly.

SECTION 15. COMPUTER DEVELOPMENT· BUDGET SECTION APPROVAL. Except asmay be waived by approval of the budget section of the legislative council, the department of humanservices shall meet the requirements provided by the administration for children and families of theUnited States department of health and human services in its communication dated February 12, 1997,related to the state's development of the reforming and enhancing services for the people of NorthDakota (RESPOND) and training, education, employment, and management (TEEM) projects. Therequirements include information regarding client eligibility and expert system rules, cost benefitanalysis for the TEEM and RESPOND projects, and a revised budget for the TEEM and RESPONDprojects. The department of human services may not spend the related general fund appropriationsprovided by the fifty-fifth legislative assembly until the department receives assurances that therequirements will be met.

SECTION 16. EFFECTIVE DATE. Sections 1 through 11 of this Act become effectiveJanuary 1, 1998.

Approved April 4, 1997Filed April 4, 1997

APPENDIX "en

Vision for future services provided through and with County Social Services

MISSION STATEMENT

County Social Services is committed to providing quality programs and serviceswith dignity and respect that are directed by public statute or policy to vulnerablechildren, adults and families so that they may secure or maintain safety and selfsufficiency.

OVERVIEW

County Based Core Services Those primary public services that need to be available andaccessible to all citizens of the state ofNorth Dakota through the county social service office.These services may and are being provided through individual county offices, consolidatedagencies, or through collaborative efforts. County Core services may be funded with county,state and/or federal funds.

Related Services Those services/programs that need to be studied to determine if the programneeds to have equal state-wide access for all citizens. If the legislature determines that state-wideservices are necessary, then each program will be designed and evaluated to ensure that theservices are provided through the most cost effective method that ensures both quality andaccess. Those related services could be provided through contracts with the county social serviceagencies, other public or private agencies based on pre-established standards for quality and costeffectiveness. If state-wideness is not determined as a necessity, the legislature may direct theDepartment to develop specialized programs for targeted needs. Related services may befinanced with either federal/state/county funds but local and state financial participation will beoptional.

Economic Assistapce Promms to Meet Nwb of State RC3idepp:

County Based Core ServicesAFDC

BasicUPTEEMJOBSJOBS Child CareTransitional

Medical AssistanceEPSDT

Food StampsRefugee Cash AssistancelRefugee Medical AssistanceChild SupportLIHEAPBasic Care

ResponsibilityShared

SharedSharedSharedSharedSharedSharedShared

Child Care (Block GrantlIV-A)General AssistanceInformation and ReferralCoordination of other public/private services that meet basic needs

Related Services

Welfare FraudAid to Blind Remedial Care

ProtectioD and Safety of CbHdren and Familics

County Based Core ServicesChild Protection AssessmentFamily Social WorkFoster Care Home StudiesFoster Care EligibilityInformation/referral - Co=w1ity coordination

Related ServicesEarly Childhood LicensingParent AideWrapAroundSpecial Health Service for Children (MHC/CCS)Intensive In-HomeUnwed ParentSpecial Needs Childhood (prime TimelRespite)Family FocusedSubsidized AdoptioDCrossroads

Home and Community Quest Serviccs for ElderLY and Djsabled

County Based Core ServicesCase ManagementHomemakerHome Health AideInformationlReferral - co=w1ity coordination

SharedCountyCountyCounty

Responsibility

StateState

ResponsibilitySharedSharedSharedSharedCounty

ResponsibilitymStateStateStateStateStateStateStateStateState

ResponsibilitySharedSharedSharedCounty

ResponsibilityState

RelatedAdult day care; adult family foster care; chore services;non-medical transportation; personal attendant care; respite care;family care; environmental modification services; specialized equipment

6/4/96

APPENDIX "0"North Dakota Department of Human Services

HB 1041, As Enacted

18 Months (1/98 - 7/99)

IF.- .. S"" T.... Counl)' Tota! AssumedI Offset ror CSSB Ec.oa.1Net Fiscal

"- COUNTY nSCAL Aut. PToarams SlafC IAssumed by Counties bySwe IMPACT FWllb lndi&o Co. I

ImpactAdmin. I iReimbuncmcut. (9)

II IAdams 11,753 146,912 (51.229 01 (51.229)1 Bames 294,695 490.2116 (195,591

I74,IiI

(195,591)1 IB...... 49',731 225,663 270.07.5 95.271

• Billinp (10) S.14! 11,135 (12.294 (12.294)I Bonineau 192446 325,370 ((32,924 li32,9241

• BoWllWt (10) 131,975 119,710 12.265

II12.265

7 ~urit. 66,390 109,536 (43,146 (43,146)

• ur:Ieiah 1,511,333 1,561,012 (49,749 (49,749)

• C.... 2,072,093 2,491,055 (~:I,962 (~1~~6;")10 ICavalier 235,429 246,279 10,150 10 5011 rnclt.y 162,317 326,103 (163,716 0\ (163,716)Il D;vide 11,.566 99,270 (17,704

~I(17,704)

Il pun. 161,On 176,143 (1,071 (1.071)

" Eddy 106,.571 169,427 ~~2,149 (62,14:~

" Emmons 101,104 1n,333 70,.529 0 i70,529

I" ra~I'Y(IO)100,138 227,191 (127,060 0 (127,060)

i::11,903 67,396 21,507 0 21,507

,G, Forks 1,403,411 1,407,4'7 (4,076 0 (4,076)19

IGrant 94,733 144,120 (49,317 0 (49,317),. Grius 100 763 164,956 {64,193 0 {64,193'

'21 Heninaer 91.227 123,309 (25,012 0 (2s.o82),n Kidder 12,914 163,391 (10,407 0 (10,407)

I" l.&Mouro 116,431 190,010 (73,.579 0 (73,579)

" Lolan 19,323 134,440 (7l,1I7 0 (7l,lI7)

" McHOO7Y Ill,032 392932 1237,900 0 1237900116 Mclntosh 113,500 221,931 (101,431

~I(101,431)

" McKenzie 291,412 170,157 120,55l 120,555In McLean 221,209 471,Oll (249,142

~I(249,842)

I" ,Mc=r 116,961 30l,l29 (121.S61 (121,561),JO Monon 626614 904,279 (277,625 (277,62!i

'll Mountrail ,251,970 247,107 4,163 01 4,163

I" ~Nelson 121,143 227,109 (106,666 01 (106.666),ll Oliver 71,794 ll,I62 12,932

~I12,932

" Pembina 302,509 38l,4l2 (12,943 (82.943)I" Pierce 126,194 244,637 ,j 17,743 01 ill7,74j,

! l6 IRamsey 424,l99 49O,7l0 (66,lll

~I(66,lll)

I" !Wuom 140,633 262.214 (121,511 (121,511)

I" ~~~: 62,142 72,691 (IO,5l6 01 (10,556)

" 327,111 l1O,984 (253,7966066~1

(253,796).. Rolette 9ll,532 171.201 717,324 110,628

!" Isargent 123,779 206,764 (12,91l 01 (82,915)

I~Sheridan l3,377 120,799 (67,422 01 (67,412)Sioux 253,526 37,271\ 216.241 I67,loo I 411.741,Slope (10) 10,119 27,323 (16.434 01 (16,434).. Swit 9l6,146 721,520 227,626 0, 227,626

I~Steele 19,736 12.2J~I 7,l03 01 7,503SlUUman 611,56l 893.614 (27l,049 0, (275,049).. Towner 124,691 202,7331 (71,03l 01 (71.O3!).. Tmll 1I0,3l1 291.904 }: lI,m 0' (111,553)

lO Walsh 325,507 loo,095 174,511 0' ;174,511;

"IWard 1,346,037 l,l66,610 (220,643 0, (220,643)

12 Wells 15l,363 266,699 (111,336~I

(111,336)II Williams 11466l 615,920 191,74l 191.1.&5.. I Total I SI7,372.532 S20,129,941 (S2,757,409 S949,000 I (S3,706,409)

1(.14",(I) 1U: II-ebloll99'7."Budpt~

(1) UpdPIllIl996 8alicCane-y SUn: f__bIe.- drllCtiYl J&IIUItY 1991.

III FiJIINI rdl«1lM~ NtI of&l' 0( 199. ud 1&1(0( 1999 -,.NrBW_...m~ {CY 199611Ctual QINWy .ciminl_ve I'Ilmbllncmenl &IIIClWIC"1.02 -199h 1.01'" 19th 1.02 -'999 (1991 .. t.lro0999- _lIMd)}.(') C-,OIiId SlIppon~(IV.ou.il)1I..... 1"d\ecl; 75~ol U. 1997.1999B~ UllicA~ 8uqa.

. (f) LDiEAI' Admia. .. Serrice cakuI-.t wiJl( 1996 ceuabw lima ...,.(6) Illl:lu6a a-ry .... _ &I*- in AfOC. Food SIIftlP:!oWieaI. Rd'Iaa- AuIIlll'lCC, Bue c-. TrM$Ia.-l Olild Care. Md JOBS Quid Cue fI.Indcd PfOIl"UU. Noadj~ lIIAIk (ot P-rmmt of(.. ror proc.atlftl COOIl'It)'·wick <:oil a1loeaUoa.(1) &.du6a Roktta e-wy NO Hedda TlKb (EPSDT). SMsmuc~ SwoI HOIpi~. and WabA e-,. PhyVcal~

{I} -...-_otditr_.tt.tl......)'t..~.... .....a.a..

(9) ,,.,, .1m Indian COIWy orrSoft essB Aclmia. • SJlO.OOO. AGliiIional flllldillllPPied 10 TAN'F S...,· 161',000. ToW .. 1949.00 rrprntnU tiKIIR \IKli DUInOunonwun.kWled used ••s.n CSS8Ot'f~lOUlolS440.l111~·SlI,OIl«O '141'191%; l\olme- 1211.4)4 otO.6J9)QQ11%; Si_· $n,700 orO 116WII6°,).(10) $.u¥Ka C«nbined flll' 8111inp and~ y.tky MIt eo.- and SlopI: C--.

I

~

C '~_I__~I,.~I_

,..",..00'..... 0qM0_"....... s.~".1m 1041, As Enacted Effeclive January 1998 - July 1999 (applying aclual CY 96 adminislrative eosts innaled@2"1. eaeb yeu and 97-99 Granlapproprialions)

18 lVIo:n1:.h. T~E BOTTOlVI LINE

DHS Responsibility

NODHS CountyResponsibility Responsibility

'eo!

...'-_._--,----":::::r=;::.:=~...:::.-::..'"'::."'::.::::::....:.;~'== ..-_' " "_4_,,__. _

.---'--'''--''-_.-

Ihl....r 00 Welfare II MONTIITANF6 c••••.wryC1litd Care Mc4k.1 "MclC.re SUlle 11,."111 ..de: C.re Fn... 1tt7·I'" .1 MNIIICo..ry •• MCNIIII ftdu.'6

IUN. Gr.... b.K~lIiri.. b ......ri.. Delee" Ilk..... ror&io. SI.tt Porl_.-,....k _"'k U"D T....

...~!l1I1 \.d 116 711 ....7.!!J 110" 10 UI '2~ ....... .1....11..... _." "'cdtrar- ---5O--- -S-15~"1.0n -17,IIS~. 10611.79 :J) 661 207 1 JSt 216 0 210.19 SUI MJ 16 -Siaie-----..-- n;s.";Slt-_·

--..MS5,S92.~.ill 12511 107 273" 622 J 19<4,ill IOS211 S'!M!.!J!!. -COtilry $2.;12••' .. '-- ---•l.!13 440 Il SIS 117 1120755 41271" 1 362704 IDS II SlI.ltNI Ti1i -S201t:~1- Slr,J12JU -292631S • ..-79330 0 0 39 sn 0 ....

~l_ ,I ,! .. 01

County Responsibility----- 18 Months Administrative Costs By Program

TEEMMoe ('II7J 0 .... Clre ~o;t~l;~~ Mcllka' LUIUP Co..lySSa II MONTII

SI.llfwilk ,oas IV·AAIIW. Refqcc JOBSClliN ~~li"" .... S.'f,) I"'·''''Ad.il. 1'1 Procr•• (.) INockCn.1 DUd Cart (. 'od'" Aubcaoce (.) A'.io. .. Allbla.c (") C.re t.) . Clre (. Ad.IL 5) Ad.l.....

IIM.IoI••....... (') Micr.... t.) (I) Srtyklf(".(i) C.re (•• T....

1-" -. f---=-~ ----..-.$I,~!MOI _Sl.904I60 SilO S09 SII~! ..E!!J30 SI,031 SOl SI ..·i. JJ6 _ S2,OOI,OI] S31,951 ~~6S.~90 ---!Vll7O ~S{lI,291 S56 III SJe""!!!'j'"~11.~1 _ $1.952.]0 90 257 1!JM61 SI9?:IS!~!IO,796 22. 161 lIS 322 DI.lli ---lliJ"S S60 21S 1),63S,41.

f--S~~~1t21'12S••9,651 50 $4S.126 '0 S90279 SJO,954. SO SO SO '0 SO ~.IO -;1~"!!~!~ 119SHJO ~126

- iii SO SJ,119,7S1 224161 SI 292 761 SO 1--' S32,745 - S60,21S 19JMI! S21,09" SIJ.JIJ.ii'SO SO SO SO SO SO SO SO '0 SO ' SO '0 SO ..

r .• ::.= . --01 '7- - ,c=======;c-::-- _~_----",= 01 . . " 'I ====--C::. = ==>

,.. -r!-=~~C_l-,.

-~''''''_4_~ __...'-,--,'-,-------.. '__' .,4 4 ... .,•• _.,••_".·'_._ .... 4_.__

,~,-,..._--..~--_ ....~-,...'-----t ..,_

...~~-~~~I--~-

,...... :."-==

18 lVIo:n1:.h. T~E BOTTOlVI LINE

Sf

• APPENDIX "E"H.B. No. 1226 • Page 40

indirect costs properly allocated to those costs. The term does not include customcomputer programs. custom software development. computer operations undertaken at thedirection of the department, and computer processing costs to the extent those costsexceed, in any calendar year, that county's cost of operation of the technical eligibilitycomputer system in calendar year 1995 increased by the increase in the consumer priceindex for all urban consumers, all items, United States city average, after January 1, 1996,

3, If the financial condition of any county is such that it cannot make an appropriation or levya lax for aie Ie eeJleAeeAI eAilereA temporary assistance for needy families or cannot issuewarrants legally in an amount sufficient to provide the necessary funds to comply with theprovisions of this Chapter, the board of county commissioners shall report such fact to thestate agency, After a hearing before the state agency, and such investigation as the stateagency may make, the state agency may increase the amount to be supplied from statefunds and adjust accordingly the amount to be supplied from county funds.

SECTION 67. AMENDMENT. Section 50'09-20 of the North Dakota Century Code is amendedand reenacted as follows:

50-09-20. Appropriation of county funds.

L For the purpose of carrying out the prOVISions of this chapter, the board of countycommissioners of each county annually shall appropriate and make available an amountsufficient to pay:

~ a. Local expenses of administration BRB lRe eStJRt,y's sRare at 8ssist8Ree ,:ley",eAts assJleeiliee iA seelieA 59 99 21 of temporary assistance for needy families;

a, b, Local expenses of administration of the child support enforcement program; and

a, c, Local expenses of administration aAe IAe eetiApt's sAare el JlregraFA eesls el IAe earlyeAileJRseei ssP/iees J3FegraFA, jaB 8J3J3eFtl:iAiFI aRB easie slijlls traiAiAg I3f8gF8FF1,traASJ38FtatisA I3FsgraFR, aRa ease FAaRa~e",eAt I3regr8flq as sJ3eeif4ea iA seetisR59 99 21 of child care assistance programs and employment and training programs.

2, For purposes of this section, 'Iocal expenses of administration" include costs for personnel,space. equipment. computer software. materials. travel. utilities. and related costs. and theindirect costs properly allocated to those costs, The term does not include initialacquisition of computers and related hardware approved by the department for the training.education, employment. and management program, custom computer programs. customsoftware development. computer operations undertaken at the direction of the department.and computer processing costs to the extent those costs exceed. in any calendar year. thatcounty's cost of operation of the technical eligibility computer system in calendar year 1995increased by the increase in the consumer price index for all urban consumers. all items.United Slates city average, after January 1, 1996.

3, If the financial condition of any county is such that it cannot make an appropriation or levya tax for aie Ie eeJleAeeAI eAilereA temporary assistance for needy families or cannot issuewarrants legally in an amount sufficient to provide the necessary funds to comply with theprovisions of this chapter, the board of county commissioners shall report such fact to thestate agency. After a hearing before the state agency, and such investigation as the stateagency may make, the state agency may increase the amount to be supplied from statefunds and adjust accordingly the amount to be supplied from county funds.

SECTION 68. AMENDMENT. Section 50-09-20.1 of the 1995 Supplement to the North DakotaCentury Code is amended and reenacted as follows:

50-09-20.1. Amounts state liable for· Reimbursement by state. +Re

L Except as provided in subsection 2. the state agency shall reimburse each county. uponclaim being made therefor by the county agency, for AAy;

H. B. No. 1226 . Page 41

a. Fifty percent of the amount expended by the county agency iA elteeSs sf lFie amstlAII3rs';ieee ey lFie feeeral !js';erAmeAI for the administration of the early eFiileFieeessP/iees J3F8~raFR, tRe JSB 8J3J38Fh:IRily aRe Basie sl~iIIs traiRiA~ J3F8§JFaFR, tAetraASJ38RatieA J3r8§JraFR. aRe tRe ease FRaA8§JefReAt J3regr8FA temcorary assistance forneedy families program; and

b. Seventy·five percent of the amount expended by the county agency for theadministration of the child care assistance program and employment and trainingprograms provided under this chapter.

2. After January 1. 1998. the state agency shall not reimburse for any increased costsassociated with achieving caseload ratios of sixty·five cases to one worker in the training.education. employment. and management program or increased costs for travel andtraining expended by a county agency for converting cases previously administeredsubstantially in the form of the aid to families with dependent children program toadministration in the form of the training. education. employment. and managementprogram.

SECTION 69. AMENDMENT. Section 50-09-21 of the North Dakota Century Code is amendedand reenacted as follows;

50·09·21. Amount county liable for· Reimbursement by county.

1. Each county shall reimburse the state agency, upon claim being made therefor by the stateagency, for eRe fSl:lRR 81 tRe 8FR8l:lRt 8)(J3eReies, iA IRe eel:lAty, fer sis Ie eieJ3eRseRteFiilereA each county's share of all counties' shares of program costs of the temporaryassistance for needy families program, aAa I3rs!jram eeele sf the early childhood services~rogram, jeB eJ3J3eFtI:lRity aRa easis shills traiRiAg J3FegraFR, traRsl3eFtatieR J3regraFfl, aReiease FFl8A8€jeFfleAt J3regrafR, iF! e)Eeese at IRe aA=l8l:lAt J3rs\lieea By tRe leeeral geverRFFleAtfer assist8Ree J3ayFReAts Ie eieJ3eAeieAt eAilsreA aRei fer tRe J3regr8FR eests and employmentand training programs provided under this chapter. For purposes of this section. "allcounties' shares of program costs' is egual to five and two-tenths percent of statewideprogram costs of the temporary assistance for needy families program. the child careassistance program. and employment and training programs provided under this chapter.

2. a. Each county shall reimburse the state agency, upon claim being made therefor by thestate agency, for BA B",al:tRt eE1l:tBI ta eRe Ral1 af lRBt eelclR~ls SRare af all eelclAties'SAares easee l:JJ3eA lAe eeFftSiAee J3ereeAtage auerBg8 af lAe fel:Jr year J3eFieeeegiRRiRg ~Je¥eFfte8r 1sea aRe eAsiAg Oeteeer 1987, aRa U~e eRe year 1geFieaBe~iRAiAg PJeve",eer 1986 aRe eReJiRg Oetaeer 1ge7, J311:J9 eRe R811 a1 tAB! eat:lA~"'S

SRare af all eet'JAtieg' SAares alle8ateet aeeareJiAg ta eaeA eel::JApt'S J3ereeAtage afl3al3l:JlatieR at J3erseAS t'JREler a@s eigAtseA aeeereiAg te lAS 1gee eeA9t'JS, that county'sshare of one-fourth of the amount expended in the state in excess of any amountprovided by the federal govemment under title IV-E of the Social Security Act ~Stat. 501; 42 U.S.C. 670 et Seq.], as amended, for payments for children approvedand granted foster care for children or subsidized adoption. without regard to thatchild's eligibility for benefits under title IV-E of the Social Security Act.

b. Each county's share of all counties' shares must be calculated under a formulaestablished by the department through consultation with county representatives. Theformula must:

ill Include consideration of the most recent census data or official censusestimates of the number of youth in each county;

@ Include consideration of recent expenditures for foster care for youth from eachcounty; and

Ql Be established by policy. and not by rule.

Documents

STUDY OF THE RESPONSIBILITY OF SOCIAL SERVICE …1995-96 BUDGET COMMITTEE ON HUMAN SERVICES STUDY During the 1995-96 interim, the Budget Committee on Human Services, as mentioned previ-ously,