§ 50-06.2-03 — Powers and duties of the state agency

North Dakota § 50-06.2-03

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-06.2: Comprehensive Human Services Programs

Text

1. The state agency has the following powers or duties under this chapter:
a. To act as the official agency of the state in the administration of the human
services for individuals and families in conformity with state and federal
requirements.
b. To prepare, at least biennially, a comprehensive human services plan which must:
(1) Include human services determined essential in effectuating the purposes of
this chapter.
(2) Detail the human services identified by the state agency for provision by
human service centers and the services which the human service zones
make available in approved human service zone plans as a condition for the
receipt of any funds allocated or distributed by the state agency.
c. To make available, through human service zone or state-operated behavioral
health clinics, any or all of the services set out in the comprehensive human
services plan on behalf of those individuals and families determined to be eligible
for those services under criteria established by the state agency.
d. To supervise and direct the comprehensive human services administered by
human service zone and state-operated behavioral health clinics through
standard-setting, technical assistance, approval of human service zone and
regional plans, preparation of the comprehensive human services plan,
evaluation of comprehensive human services, and distribution of public money for
services.
e. Within the limits of legislative appropriations and at rates determined payable by
the state agency, to pay qualified service providers, which meet standards for
services and operations, for the provision of the following services as defined in
the comprehensive human services plan which are provided to individuals who,
on the basis of functional assessments, income, and resources, are determined
eligible for the services in accordance with rules adopted by the state agency:
(1) Homemaker services;
(2) Chore services;
(3) Respite care;
(4) Home health aide services;
(5) Case management;
(6) Family home care;
(7) Personal attendant care;
(8) Adult family foster care; and
(9) Such other services as the state agency determines to be essential and
appropriate to sustain individuals in their homes and in their communities
and to delay or prevent institutional care.
f. To take actions, give directions, and adopt rules as necessary to carry out the
provisions of this chapter.
2. For purposes of this chapter, resources do not include the individual's primary home
and the first fifty thousand dollars of liquid assets.
50-06.2-04. Powers and duties of human service zones.
Each human service zone has the following powers and duties under this chapter:
1. To administer comprehensive human services for individuals and families at the
human service zone level in conformity with state and federal requirements under the
direction and supervision of the state agency.
2. To publish and provide to the state agency a human service zone plan that must
include the following:
a. A statement of the goals of human service zone human services in the human
service zone.
b. Methods used to identify persons in need of services and the social problems to
be addressed by the human service zone human services.

c. A description of each human service zone human services proposed and
identification of the agency or person proposed to provide the service.
d. The amount of money proposed to be allocated to each service.
e. An agreement to make available those human services required by state law and
by federal law or regulation as a condition for the receipt of federal financial
participation in programs administered by human service zones under the
provisions of this title.
The date of submission of the human service zone plan to the state agency must be
determined so that the plan is coordinated with the proposed and final comprehensive
human service zone plan.
3. To make available the human services detailed in the comprehensive human service
zone plan which the human service zone has included in the approved human service
zone plan and to provide such other human services as the human service zone
determines essential in effectuating the purposes of this chapter within the human
service zone. To the extent funding is available under section 50-06.2-03 and chapter
50-24.1, the human service zone plan must include the services enumerated in those
sections. The human service zone shall make these services available to any
individual requesting service and determined eligible on the basis of a functional
assessment conducted in accordance with state and federal laws and regulations. The
individual shall pay for the services in accordance with a fee scale based on family
size and income. The human service zone may contract with any qualified service
provider in its provision of those enumerated services.
4. To submit annually to the board of county commissioners a budget, approved by the
state agency, containing an estimate and supporting data, setting forth the funds
needed to carry out the provisions of this chapter.