28-8-23. Purposes of chapter.

The purposes of this chapter are to qualify for federal funds under the provisions of Title XX of the Social Security Act; to administer said federal funds as well as other funds available to the Department of Social Services; and to direct all such public services of the department toward the goals of:

(1)    Achieving or maintaining self-support to prevent, reduce, or eliminate dependency;

(2)    Achieving or maintaining self-sufficiency, including reduction of dependency;

(3)    Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;

(4)    Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; or

(5)    Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.

Source: SL 1975, ch 188, § 1; SL 1980, ch 201, § 1.

28-8-24. Definition of terms.

Terms used in this chapter mean:

(1)    Deleted by SL 2004, ch 167, § 59.

(2)    "Department," the Department of Social Services created by § 1-36-1; and

(3)    "Secretary," the duly appointed, qualified, and acting head of the department created by § 1-36-2.

Source: SL 1975, ch 188, § 2; SL 2004, ch 167, § 59.

28-8-25. Powers of department in implementation of program.

In addition to any other rights, duties, powers, privileges, and responsibilities of the Department of Social Services or any division thereof, the department, through the secretary, may:

(1)    Prepare and submit for approval of the secretary of the United States Department of Health and Human Services, a comprehensive service program plan or plans as the agency of this state under the provisions of Title XX of the federal Social Security Act;

(2)    Serve as the agency within this state which will administer or supervise the administration of the program for the provision of the services authorized under Title XX;

(3)    Comply with the provisions of Title XX and any rules and regulations promulgated pursuant thereto by the federal government for the purposes of qualifying for federal funds and making such reports concerning the use of federal social service funds as may be required by regulation;

(4)    Designate the state's service program year as the fiscal year of either the federal government or state government;

(5)    Accept and use donated private funds as long as such funds are transferred to the department, are under the department's exclusive administrative control, are donated without restriction as to use, other than restrictions by a donor who is not a sponsor or operator of a service program or services to which such funds are restricted, other than restriction as to the geographic area to which the funds are to be used, or other than restrictions which will cause such funds to revert to the donor's facility or use except when the donor's facility is a nonprofit organization;

(6)    Impose a service fee as a precondition to provision of any service specified by the department.

Source: SL 1975, ch 188, § 3; SL 1980, ch 201, § 2; SL 2004, ch 167, § 60.

28-8-26. Services for which fees prohibited--Low-income families.

Notwithstanding subdivision 28-8-25(6), no service fee may be imposed for any of the following services:

(1)    Information or informational and referral services;

(2)    Any services directed at the goal of preventing or remedying neglect, abuse, or exploitation of minor children or adults unable to protect their own interest;

(3)    Any services provided to or on behalf of any eligible person defined by the department pursuant to Title XX of the Social Security Act; or

(4)    Any services provided to or on behalf of a member of a family, the monthly gross income of which is less than an amount specified by the department, adjusted to take into account the size of the family, as may be required by the federal government.

Source: SL 1975, ch 188, § 3 (6); SL 2004, ch 167, § 61.

28-8-27. Deposit and crediting of nonappropriated funds--Use by department--No reversion to general fund.

All privately donated funds and other nonappropriated funds shall be deposited with the state treasurer and credited to a program account designated by the department and any such funds are continuously appropriated for use by the Department of Social Services for the purpose of obtaining federal funds available under Title XX of the Social Security Act. No money received by the state treasurer pursuant to this section may revert to the general fund of the state.

Source: SL 1975, ch 188, § 6; SL 2004, ch 167, § 62.

28-8-28. Services provided to individuals by secretary--Rules and standards.

Subject to rules of the department establishing eligibility for, the content of, and the extent of entitlement to services, with or without a service fee, the secretary of social services may provide services to and on behalf of individuals within this state, and fix standards or other conditions of participation by providers of such services under contract or otherwise.

Source: SL 1975, ch 188, § 4; SL 2004, ch 167, § 63.

28-8-29. Recipient information confidential--Conditions for disclosure.

The use or disclosure of information obtained in connection with the administration of the comprehensive annual service programs concerning applicants for or recipients of such services is confidential and restricted to purposes directly connected with the administration of that program. However, such information may be disclosed with the prior written consent of the applicant or recipient or, if a minor, a parent or guardian, or, in accordance with such rules promulgated by the department, for purposes directly connected with the administration of any other related program.

Source: SL 1975, ch 188, § 5; SL 2004, ch 167, § 64.