§ 108A-27. (See editor's note) Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties. - North Carolina Statutes

Part 2. Work First Program.

§ 108A‑27.  (Seeeditor's note) Authorization and description of Work First Program; Work FirstProgram changes; designation of Electing and Standard Program Counties.

(a)        The Departmentshall establish, supervise and monitor the Work First Program. The purpose ofthe Work First Program is to provide eligible families with short‑termassistance to facilitate their movement to self‑sufficiency throughgainful employment, not the mere reduction of the welfare rolls. The Departmentshall ensure that the Work First Program focuses on this purpose of self‑sufficiency.The ultimate goal of the Work First Program is the gradual elimination ofgenerational poverty, and the Department shall ensure that all evaluations ofthe Work First Program, whether performed at the State or the county level,maintain this purpose and this goal of the Work First Program and effect anongoing determination of whether the Work First Program is successful infacilitating families to move to self‑sufficiency and in graduallyeliminating generational poverty.

(b)        The Work FirstProgram in all counties shall include program administration and threecategories of assistance to participants:

(1)        Work First DiversionAssistance;

(2)        Work First FamilyAssistance; and

(3)        Work First Services.

(c)        The Department maychange the Work First Program when required to comply with federal law. Anychanges in federal law that necessitate a change in the Work First Programshall be effected by temporary rule until the next State Plan is approved bythe General Assembly. Any change effective by the Department to comply withfederal law shall be reported to the Senate Appropriations Committee on Healthand Human Services and the House of Representatives Appropriations Subcommitteeon Health and Human Services and included in the State Plan submitted duringthe next session of the General Assembly following the change.

(d)        The Departmentshall allow counties maximum flexibility in the Work First Program whileensuring that the counties comply with federal and State laws and regulations.Subject to any limitations imposed by law, the Department shall allow countiesto request to be designated as either Electing Counties or Standard ProgramCounties in the Work First Program.

(e)        All counties shallnotify the Department in writing as to whether they desire to be designated aseither Electing or Standard Program. A county shall submit in its notificationto the Department documentation demonstrating that three‑fifths of itscounty commissioners support its desired designation. Upon receipt of thenotification from the county, the Department shall send to the countyconfirmation of the county's planning designation. A county that desires to beredesignated shall submit a request in writing to the Department at least sixmonths prior to the effective date of the next State Plan. In its request forredesignation, the county shall submit documentation demonstrating that three‑fifthsof its county commissioners support the redesignation. Upon receipt of thenotification from the county, the Department shall send to the countyconfirmation of the county's planning redesignation. A county's redesignationshall become effective on the effective date of the next State Plan followingthe redesignation. A county's designation or redesignation shall not beeffected except as provided in this Article.

(f)         The board ofcounty commissioners in an Electing County shall be responsible fordevelopment, administration, and implementation of the Work First Program inthat county.

(g)        The countydepartment of social services in a Standard Program County shall be responsiblefor administering and implementing the Standard Work First Program in thatcounty.

(h)        The Department andElecting Counties, in developing their respective plans, may distinguish amongpotential groups of recipients on whatever basis necessary to enhance programpurposes and to maximize federal revenues, so long as the rights, including theconstitutional rights of equal protection and due process, of individuals areprotected. The Department and Electing Counties shall provide Work FirstProgram assistance to qualified immigrants on the same basis as citizens to theextent permitted by federal law.  (1981, c. 275, s. 1; 1997‑443, s. 12.5; 1998‑212,s. 12.27A(a1); 2001‑424, s. 21.13(e); 2009‑489, s. 2.)