§ 108A-27.2. General duties of the Department. - North Carolina Statutes

§ 108A‑27.2.  Generalduties of the Department.

The Department shall have thefollowing general duties with respect to the Work First Program:

(1)        Ensure that thespecifications of the general provisions of the State Plan regarding theprocedures required when recipients are sanctioned, prescribed in G.S. 108A‑27.9(c),are uniformly developed and implemented across the State;

(1a)      Provide technicalassistance to  Electing Counties developing and implementing and to StandardCounties implementing their County Plans, including providing informationconcerning applicable federal law and regulations and changes to federal lawand regulations that affect the permissible use of federal funds and scope ofthe Work First Program in a county;

(1b)      Reserved for futurecodification purposes.

(1c)      Ensure that allfamilies with work eligible parents and parents with children under the age of12 months receive Work First benefits in the month after compliance with theirMutual Responsibility Agreement. Failure to comply with their MutualResponsibility Agreement shall result in no Work First Benefits the followingmonth, unless there is good cause.

(2)        Describe authorizedfederal and State work activities. For up to twenty percent (20%) of Work Firstrecipients, authorized State work activities shall include at least part‑timeenrollment in a postsecondary education program. In Standard Counties,recipients enrolled on at least a part‑time basis in a postsecondaryeducation program and maintaining a 2.5 grade point average or its equivalentshall have their two‑year time limit suspended for up to three years.

(3)        Define requirementsfor assignment of child support income and compliance with child supportactivities;

(4)        Establish a schedulefor Electing Counties to submit their County Plans to ensure that all ElectingCounty Plans are adopted by Electing Counties by February 1 of each odd‑numberedyear and review and then recommend a State Plan to the General Assembly;

(5)        Ensure that theElecting County Plans comply with federal and State laws, rules, andregulations, are consistent with the overall purposes and goals of the WorkFirst Program, and maximize federal receipts for the Work First Program;

(6)        Prepare the StatePlan in accordance with G.S. 108A‑27.9 and federal laws and regulationsand submit it to the Budget Director for approval;

(7)        Submit the StatePlan, as approved by the Budget Director, to the General Assembly for approval;

(8)        Repealed by SessionLaws 2003‑284, s. 10.57, effective July 1, 2003.

(9)        Develop andimplement a system to monitor and evaluate the impact of the Work First Programon children and families, including the impact of the Work First Program on jobretention and advancement, child abuse and neglect, caseloads for childprotective services and foster care, school attendance, academic and behavioralperformance, and other measures of the economic security and health of childrenand families. The system should be developed to allow monitoring and evaluationof impact based on both aggregated and disaggregated data. State and countyagencies shall cooperate in providing information needed to conduct theseevaluations, sharing data and information except where prohibited specificallyby federal law or regulation;

(10)      Monitor theperformance of Electing Counties relative to their respective Plans and theoverall goals of the Work First Program. Monitor Standard Counties relative tothe State Plan and the overall goals of the Standard Work First Program;

(11)      Repealed by SessionLaws 2003‑284, s. 10.57, effective July 1, 2003.

(12)      Report to the SenateAppropriations Committee on Health and Human Services and the House ofRepresentatives Appropriations Subcommittee on Health and Human Services thecounties which have requested Electing status; provide copies of the proposedElecting County Plans to the Senate Appropriations Committee on Health andHuman Services and the House of Representatives Appropriations Subcommittee onHealth and Human Services, if requested; and make recommendations to the SenateAppropriations Committee on Health and Human Services and the House ofRepresentatives Appropriations Subcommittee on Health and Human Services onwhich of the proposed Electing County Plans ensure compliance with federal andState laws, rules, and regulations and are consistent with the overall purposesand goals for the Work First Program; and

(13)      Make recommendationsto the General Assembly for approval of counties to become Electing Countieswhich represent, in aggregate, no more than fifteen and one‑half percent(15.5%) of the total Work First caseload at September 1 of each year and, foreach county submitting a plan, the reasons individual counties were or were notrecommended.

(14)      Review the countyWork First Program of each Electing County and recommend whether the countyshould continue to be designated an Electing County or whether it should beredesignated as a standard county. In conducting its review and making itsrecommendation, the Department shall:

a.         Examine and considerthe results of the Department's monitoring and evaluation of the impact of theElecting County's Work First Program as required under subdivision (9) of thissection;

b.         Determine whetherthe Electing County's Work First Program's unique design requiresimplementation by an Electing County or whether the Work First Program could beimplemented by a county designated as a standard county;

c.         Determine whetherthe Electing County's Work First Program and policies are unique and innovativein meeting the purpose of the Work First Program as stated under G.S. 108A‑27,and State and federal laws, rules, and regulations, as compared to otherstandard and Electing County Work First programs.

TheDepartment shall make its recommendation and the reasons therefor to the SenateAppropriations Committee on Health and Human Services and the House ofRepresentatives Appropriations Subcommittee on Health and Human Services notlater than three months prior to submitting the State Plan to the Commissionfor review as required under G.S. 108A‑27.9(a).  (1997‑443, s. 12.6;1998‑212, s. 12.27A(g); 1999‑237, s. 7.10(b); 1999‑359, ss.1.2(a), 2(a), (b), 6; 2001‑424, s. 21.13(b), (e); 2003‑284, s.10.57; 2009‑489, s. 3.)