23.8058.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1051
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Health and Human Services)
1 A BILL for an Act to amend and reenact section 50-06-05.1 of the North Dakota Century Code,
2 relating to the powers and duties of the department of health and human services.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 50-06-05.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 50-06-05.1. Powers and duties of the department. (Effective through June 30, 2025)
7 The department has the following powers and duties to be administered by the department
8 through its state office or regional human service centers, human service zones, or otherwise as
9 directed by the department:
10 1. To act as the official agency of the state in any social welfare or human service activity
11 initiated by the federal government not otherwise by law made the responsibility of
12 another state agency.
13 2. To administer, allocate, and distribute any state and federal funds that may be made
14 available for the purpose of providing financial assistance, care, and services to
15 eligible persons and families who do not have sufficient income or other resources to
16 provide a reasonable subsistence compatible with decency and health.
17 3. To provide preventive, rehabilitative, and other human services to help families and
18 individuals to retain or attain capability for independence or self-care.
19 4. To do needed research and study in the causes of social problems and to define
20 appropriate and effective techniques in providing preventive and rehabilitative
21 services.
22 5. To provide for the study, and to promote the well-being, of a child in need of protection,
23 a child in need of services, and delinquent children.
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1 6. To provide for the placing and supervision of children in need of substitute parental
2 care, subject to the control of any court having jurisdiction and control of any such
3 child.
4 7. To recommend appropriate human services related legislation to the legislative
5 assembly.
6 8. To direct and supervise human service zone activities and administer a statewide
7 program for state-funded human services, staffing, and administration costs related to
8 the administration of human services.
9 9. To secure, hold, and administer for the purpose for which it is established any property
10 and any funds donated to it either by will or deed, or otherwise, or through court order
11 or otherwise available to the department, and to administer those funds or property in
12 accordance with the instructions in the instrument creating them or in accordance with
13 the instructions in the court order or otherwise.
14 10. To formulate standards and make appropriate inspections and investigations in
15 accordance with such standards in connection with all licensing activities delegated by
16 law to the department, including early childhood programs, nonmedical adult care
17 facilities and maternity homes, and persons or organizations receiving and placing
18 children, and to require those facilities, persons, and organizations to submit reports
19 and information as the department may determine necessary.
20 11. To permit the making of any surveys of human service needs and activities if
21 determined to be necessary.
22 12. To issue subpoenas, administer oaths, and compel attendance of witnesses and
23 production of documents or papers whenever necessary in making the investigations
24 provided for herein or in the discharge of its other duties. A subpoena may not be
25 issued to compel the production of documents or papers relating to any private
26 child-caring or child-placing agency or maternity hospital or to compel the attendance
27 as a witness of any officer or employee of those facilities except upon the order of a
28 judge of the district court of the judicial district in which the facilities are located.
29 13. To provide insofar as staff resources permit appropriate human services, including
30 social histories, social or social-psychological evaluations, individual, group, family,
31 and marital counseling, and related consultation, when referred by self, parent,
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1 guardian, human service zone, court, physician, or other individual or agency, and
2 when application is made by self (if an adult or emancipated youth), parent, guardian,
3 or agency having custody; also, on the same basis, to provide human services to
4 children and adults in relation to their placement in or return from the life skills and
5 transition center, state hospital, or North Dakota youth correctional center.
6 14. To provide insofar as staff resources permit social services, including
7 social-psychological evaluations, predisposition reports, treatment, probation, and
8 aftercare services when requested by the judge of a juvenile court.
9 15. To provide insofar as staff resources permit social services, including
10 social-psychological evaluations, predisposition reports, and treatment, and probation
11 and parole services, when requested by the judge in a criminal case.
12 16. To act as the official agency of the state in the administration of the supplemental
13 nutrition assistance program and to direct and supervise human service zone
14 administration of that program. The department with the consent of the legislative
15 assembly or the budget section if the legislative assembly is not in session may
16 terminate the program if the rate of federal financial participation in administrative
17 costs provided under Public Law 93-347 is decreased or limited, or if the state or
18 counties become financially responsible for all or a portion of the coupon bonus
19 payments under the Food Stamp Act. Any request considered by the budget section
20 must comply with section 54-35-02.9. The department may not deny assistance under
21 the supplemental nutrition assistance program to any individual who has been
22 convicted of a felony offense that has as an element the possession, use, or
23 distribution of a controlled substance as defined in section 102(6) of the Controlled
24 Substances Act [21 U.S.C. 802(6)].
25 17. To administer, allocate, and distribute any funds made available for the making of
26 direct cash assistance payments, housing stabilization supports, and rental assistance
27 and to promote cooperation and working agreements with public agencies and
28 including the housing finance agency and department of commerce, and private
29 human service agencies.
30 18. To act as the official agency of the state in the administration of the home energy
31 assistance program; to direct and supervise human service zone administration of that
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1 program; and to take such actions, give such directions, and adopt such rules, subject
2 to review in the courts of this state, as may be necessary or desirable to carry out this
3 subsection. For purposes of the administration of the energy assistance program,
4 funds are obligated at the earlier of the time a written commitment is made to pay a
5 vendor or contractor for services or supplies delivered or to be delivered, or at the time
6 payment is made to a vendor or contractor for services or supplies delivered or to be
7 delivered. The provisions of this subsection concerning obligation of funds apply to
8 payments and commitments made on or after July 1, 1991. The department with the
9 consent of the legislative assembly or the budget section if the legislative assembly is
10 not in session may terminate the program if the rate of federal financial participation in
11 administrative costs is decreased or limited to less than fifty percent of total
12 administrative costs, or if the state or counties become financially responsible for all or
13 a portion of the cost of energy assistance program benefits. Any request considered
14 by the budget section must comply with section 54-35-02.9
15 19. To administer, allocate, and distribute any funds made available for the payment of the
16 cost of the special needs of any child under the age of twenty-one years, who is living
17 in an adoptive home and would probably go without adoption except for acceptance by
18 the adopted family, and whose adopted family does not have the economic ability and
19 resources, as established by the department, to take care of the special needs of the
20 child, including legal fees, maintenance costs, medical and dental expenses, travel
21 costs, and other costs incidental to the care of the child.
22 20. To exercise and carry out any other powers and duties granted the department under
23 state law.
24 21. To administer, allocate, and distribute any funds made available for the payment of
25 supervised independent living services, to develop standards regarding a supervised
26 independent living program, to approve supervised independent living services for the
27 purpose of providing foster care placement, and to apply for and administer federal
28 and other funds that may be made available to undertake any of the activities
29 described in this subsection.
30 22. With the approval of the governor, to lease or transfer use of any part of the life skills
31 and transition center facilities or properties, located in section thirteen, township one
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1 hundred fifty-seven north, range fifty-three west, located in Walsh County, North
2 Dakota, to the federal government, or any public or private agency, organization, or
3 business enterprise, or any worthy undertaking, under the following provisions:
4 a. The department determines that the facility or property is not needed to serve
5 any present or reasonably foreseeable need of the life skills and transition center.
6 b. The transaction is exempt from the provisions of section 50-06-06.6.
7 c. The term of any lease may not exceed ninety-nine years.
8 d. All required legal documents, papers, and instruments in any transaction must be
9 reviewed and approved as to form and legality by the attorney general.
10 e. Any funds realized by any transaction must be deposited in the state's general
11 fund.
12 23. To act as a decedent's successor for purposes of collecting amounts due to the
13 department or human service zone, unless otherwise directed or determined by the
14 department. Any affidavit submitted by the department under section 30.1-23-01 must
15 conform to the requirements of that section except that the affidavit may state that
16 twenty days have elapsed since the death of the decedent.
17 24. To provide those services necessary for the department and for human service zones
18 to comply with the provisions of any law, rule, order, or regulation of the United States
19 or any federal agency or authority requiring civil service or merit standards or
20 classifications as a condition for providing funds administered by the department.
21 25. For purposes of administration of programs, and subject to legislative appropriation,
22 funds are obligated at the time a written commitment is made to pay a vendor or
23 contractor for services or supplies either delivered or to be delivered. This subsection
24 applies to payments and commitments made on or after January 1, 1997.
25 26. To determine eligibility for medical assistance and children's health insurance program
26 benefits when the department receives a joint application for these benefits.
27 27. To develop a system of services and supports to provide behavioral health services
28 and supports in the community for children at risk of or identified as having a
29 behavioral health condition and for the families of these children. This system must
30 include early intervention, treatment, and recovery services and supports and must
31 interface with, but not include, child protective services or juvenile court.
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1 28. To provide resources on mental health awareness and suicide prevention to the
2 behavioral health resource coordinator at each public school and to the designated
3 individual at a nonpublic school. The resources must include information on identifying
4 warning signs, risk factors, and the availability of resources in the community, and also
5 must include an evidence-based, online virtual mental health and suicide prevention
6 simulation-based training program that incorporates hands-on practice, contextual
7 learning, and personalized feedback through interactive role-playing. The provisions of
8 chapter 54-44.4 do not apply to the online virtual mental health and suicide prevention
9 simulation-based training program under this subsection.
10 29. To administer, allocate, and distribute any funds made available for kinship care
11 services and payments and services in response to the federal Family First Prevention
12 Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].
13 30. To contract with another human service zone or any other public or private person to
14 discharge any of the department's duties or exercise any of the department's powers
15 to administer human services.
16 31. To act on behalf of the department of public instruction to administer part B,
17 section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229
18 Stat. 2647; 20 U.S.C. 1411 et seq.].
19 32. To provide meals at a fair value or without a charge to employees of the department at
20 the North Dakota state hospital, life skills and transition center, and regional human
21 service centers twenty-four hour staffed residential units as required by the job
22 assignments of the employees.
23 Powers and duties of the department. (Effective after June 30, 2025) The department
24 has the following powers and duties to be administered by the department through its state
25 office or regional human service centers, human service zones, or otherwise as directed by the
26 department:
27 1. To act as the official agency of the state in any social welfare or human service activity
28 initiated by the federal government not otherwise by law made the responsibility of
29 another state agency.
30 2. To administer, allocate, and distribute any state and federal funds that may be made
31 available for the purpose of providing financial assistance, care, and services to
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1 eligible persons and families who do not have sufficient income or other resources to
2 provide a reasonable subsistence compatible with decency and health.
3 3. To provide preventive, rehabilitative, and other human services to help families and
4 individuals to retain or attain capability for independence or self-care.
5 4. To do needed research and study in the causes of social problems and to define
6 appropriate and effective techniques in providing preventive and rehabilitative
7 services.
8 5. To provide for the study, and to promote the well-being, of a child in need of protection,
9 a child in need of services, and delinquent children.
10 6. To provide for the placing and supervision of children in need of substitute parental
11 care, subject to the control of any court having jurisdiction and control of any such
12 child.
13 7. To recommend appropriate human services related legislation to the legislative
14 assembly.
15 8. To direct and supervise human service zone activities and administer a statewide
16 program for state-funded human services, staffing, and administration costs related to
17 the administration of human services.
18 9. To secure, hold, and administer for the purpose for which it is established any property
19 and any funds donated to it either by will or deed, or otherwise, or through court order
20 or otherwise available to the department, and to administer those f