Bill Summary – FastDemocracy

0936.01000
     Sixty-eighth
     Legislative Assembly                   HOUSE BILL NO. 1312
     of North Dakota
     Introduced by
       Representative Schreiber-Beck
  A BILL for an Act to amend and reenact section 50-06-05.1 of the North Dakota Century Code,
  relating to continuation of an evidence-based online virtual mental health and suicide prevention
  simulation-based training program for schools.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 50-06-05.1 of the North Dakota Century Code is
  amended and reenacted as follows:
      50-06-05.1. Powers and duties of the department. (Effective through June 30,
  20252027)
      The department has the following powers and duties to be administered by the department
 through its state office or regional human service centers, human service zones, or otherwise as
 directed by the department:
     1.   To act as the official agency of the state in any social welfare or human service activity
          initiated by the federal government not otherwise by law made the responsibility of
          another state agency.
     2.   To administer, allocate, and distribute any state and federal funds that may be made
          available for the purpose of providing financial assistance, care, and services to
          eligible persons and families who do not have sufficient income or other resources to
          provide a reasonable subsistence compatible with decency and health.
     3.   To provide preventive, rehabilitative, and other human services to help families and
          individuals to retain or attain capability for independence or self-care.
     4.   To do needed research and study in the causes of social problems and to define
          appropriate and effective techniques in providing preventive and rehabilitative
          services.
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      5.   To provide for the study, and to promote the well-being, of a child in need of protection,
           a child in need of services, and delinquent children.
      6.   To provide for the placing and supervision of children in need of substitute parental
           care, subject to the control of any court having jurisdiction and control of any such
           child.
      7.   To recommend appropriate human services related legislation to the legislative
           assembly.
      8.   To direct and supervise human service zone activities and administer a statewide
           program for state-funded human services, staffing, and administration costs related to
          the administration of human services.
     9.   To secure, hold, and administer for the purpose for which it is established any property
          and any funds donated to it either by will or deed, or otherwise, or through court order
          or otherwise available to the department, and to administer those funds or property in
          accordance with the instructions in the instrument creating them or in accordance with
          the instructions in the court order or otherwise.
    10.   To formulate standards and make appropriate inspections and investigations in
          accordance with such standards in connection with all licensing activities delegated by
          law to the department, including early childhood programs, nonmedical adult care
          facilities and maternity homes, and persons or organizations receiving and placing
          children, and to require those facilities, persons, and organizations to submit reports
          and information as the department may determine necessary.
    11.   To permit the making of any surveys of human service needs and activities if
          determined to be necessary.
    12.   To issue subpoenas, administer oaths, and compel attendance of witnesses and
          production of documents or papers whenever necessary in making the investigations
          provided for herein or in the discharge of its other duties. A subpoena may not be
          issued to compel the production of documents or papers relating to any private
          child-caring or child-placing agency or maternity hospital or to compel the attendance
          as a witness of any officer or employee of those facilities except upon the order of a
          judge of the district court of the judicial district in which the facilities are located.
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     13.   To provide insofar as staff resources permit appropriate human services, including
           social histories, social or social-psychological evaluations, individual, group, family,
           and marital counseling, and related consultation, when referred by self, parent,
           guardian, human service zone, court, physician, or other individual or agency, and
           when application is made by self (if an adult or emancipated youth), parent, guardian,
           or agency having custody; also, on the same basis, to provide human services to
           children and adults in relation to their placement in or return from the life skills and
           transition center, state hospital, or North Dakota youth correctional center.
     14.   To provide insofar as staff resources permit social services, including
          social-psychological evaluations, predisposition reports, treatment, probation, and
          aftercare services when requested by the judge of a juvenile court.
    15.   To provide insofar as staff resources permit social services, including
          social-psychological evaluations, predisposition reports, treatment, and probation and
          parole services, when requested by the judge in a criminal case.
    16.   To act as the official agency of the state in the administration of the supplemental
          nutrition assistance program and to direct and supervise human service zone
          administration of that program. The department with the consent of the legislative
          assembly or the budget section if the legislative assembly is not in session may
          terminate the program if the rate of federal financial participation in administrative
          costs provided under Public Law 93-347 is decreased or limited, or if the state or
          counties become financially responsible for all or a portion of the coupon bonus
          payments under the Food Stamp Act. Any request considered by the budget section
          must comply with section 54-35-02.9. The department may not deny assistance under
          the supplemental nutrition assistance program to any individual who has been
          convicted of a felony offense that has as an element the possession, use, or
          distribution of a controlled substance as defined in section 102(6) of the Controlled
          Substances Act [21 U.S.C. 802(6)].
    17.   To administer, allocate, and distribute any funds made available for the making of
          direct cash assistance payments, housing stabilization supports, and rental assistance
          and to promote cooperation and working agreements with public agencies and
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     Legislative Assembly
           including the housing finance agency and department of commerce, and private
           human service agencies.
     18.   To act as the official agency of the state in the administration of the home energy
           assistance program; to direct and supervise human service zone administration of that
           program; and to take such actions, give such directions, and adopt such rules, subject
           to review in the courts of this state, as may be necessary or desirable to carry out this
           subsection. For purposes of the administration of the energy assistance program,
           funds are obligated at the earlier of the time a written commitment is made to pay a
           vendor or contractor for services or supplies delivered or to be delivered, or at the time
          payment is made to a vendor or contractor for services or supplies delivered or to be
          delivered. The provisions of this subsection concerning obligation of funds apply to
          payments and commitments made on or after July 1, 1991. The department with the
          consent of the legislative assembly or the budget section if the legislative assembly is
          not in session may terminate the program if the rate of federal financial participation in
          administrative costs is decreased or limited to less than fifty percent of total
          administrative costs, or if the state or counties become financially responsible for all or
          a portion of the cost of energy assistance program benefits. Any request considered
          by the budget section must comply with section 54-35-02.9
    19.   To administer, allocate, and distribute any funds made available for the payment of the
          cost of the special needs of any child under the age of twenty-one years, who is living
          in an adoptive home and would probably go without adoption except for acceptance by
          the adopted family, and whose adopted family does not have the economic ability and
          resources, as established by the department, to take care of the special needs of the
          child, including legal fees, maintenance costs, medical and dental expenses, travel
          costs, and other costs incidental to the care of the child.
    20.   To exercise and carry out any other powers and duties granted the department under
          state law.
    21.   To administer, allocate, and distribute any funds made available for the payment of
          supervised independent living services, to develop standards regarding a supervised
          independent living program, to approve supervised independent living services for the
          purpose of providing foster care placement, and to apply for and administer federal
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           and other funds that may be made available to undertake any of the activities
           described in this subsection.
     22.   With the approval of the governor, to lease or transfer use of any part of the life skills
           and transition center facilities or properties, located in section thirteen, township one
           hundred fifty-seven north, range fifty-three west, located in Walsh County, North
           Dakota, to the federal government, or any public or private agency, organization, or
           business enterprise, or any worthy undertaking, under the following provisions:
           a.   The department determines that the facility or property is not needed to serve
                any present or reasonably foreseeable need of the life skills and transition center.
          b.   The transaction is exempt from the provisions of section 50-06-06.6.
          c.   The term of any lease may not exceed ninety-nine years.
          d.   All required legal documents, papers, and instruments in any transaction must be
               reviewed and approved as to form and legality by the attorney general.
          e.   Any funds realized by any transaction must be deposited in the state's general
               fund.
    23.   To act as a decedent's successor for purposes of collecting amounts due to the
          department or human service zone, unless otherwise directed or determined by the
          department. Any affidavit submitted by the department under section 30.1-23-01 must
          conform to the requirements of that section except that the affidavit may state that
          twenty days have elapsed since the death of the decedent.
    24.   To provide those services necessary for the department and for human service zones
          to comply with the provisions of any law, rule, order, or regulation of the United States
          or any federal agency or authority requiring civil service or merit standards or
          classifications as a condition for providing funds administered by the department.
    25.   For purposes of administration of programs, and subject to legislative appropriation,
          funds are obligated at the time a written commitment is made to pay a vendor or
          contractor for services or supplies either delivered or to be delivered. This subsection
          applies to payments and commitments made on or after January 1, 1997.
    26.   To determine eligibility for medical assistance and children's health insurance program
          benefits when the department receives a joint application for these benefits.
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     27.   To develop a system of services and supports to provide behavioral health services
           and supports in the community for children at risk of or identified as having a
           behavioral health condition and for the families of these children. This system must
           include early intervention, treatment, and recovery services and supports and must
           interface with, but not include, child protective services or juvenile court.
     28.   To provide resources on mental health awareness and suicide prevention to the
           behavioral health resource coordinator at each public school and to the designated
           individual at a nonpublic school. The resources must include information on identifying
           warning signs, risk factors, and the availability of resources in the community, and also
          must include an evidence-based, online virtual mental health and suicide prevention
          simulation-based training program that incorporates hands-on practice, contextual
          learning, and personalized feedback through interactive role-playing. The provisions of
          chapter 54-44.4 do not apply to the online virtual mental health and suicide prevention
          simulation-based training program under this subsection.
    29.   To administer, allocate, and distribute any funds made available for kinship care
          services and payments and services in response to the federal Family First Prevention
          Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].
    30.   To contract with another human service zone or any other public or private person to
          discharge any of the department's duties or exercise any of the department's powers
          to administer human services.
    31.   To act on behalf of the department of public instruction to administer part B,
          section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229
          Stat. 2647; 20 U.S.C. 1411 et seq.].
     Powers and duties of the department. (Effective after June 30, 20252027) The
 department has the following powers and duties to be administered by the department through
 its state office or regional human service centers, human service zones, or otherwise as
 directed by the department:
     1.   To act as the official agency of the state in any social welfare or human service activity
          initiated by the federal government not otherwise by law made the responsibility of
          another state agency.
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     Legislative Assembly
      2.   To administer, allocate, and distribute any state and federal funds that may be made
           available for the purpose of providing financial assistance, care, and services to
           eligible persons and families who do not have sufficient income or other resources to
           provide a reasonable subsistence compatible with decency and health.
      3.   To provide preventive, rehabilitative, and other human services to help families and
           individuals to retain or attain capability for independence or self-care.
      4.   To do needed research and study in the causes of social problems and to define
           appropriate and effective techniques in providing preventive and rehabilitative
           services.
     5.   To provide for the study, and to promote the well-being, of a child in need of protection,
          a child in need of services, and delinquent children.
     6.   To provide for the placing and supervision of children in need of substitute parental
          care, subject to the control of any court having jurisdiction and control of any such
          child.
     7.   To recommend appropriate human services related legislation to the legislative
          assembly.
     8.   To direct and supervise human service zone activities and administer a statewide
          program for state-funded human services, staffing, and administration costs related to
          the administration of human services.
     9.   To secure, hold, and administer for the purpose for which it is established any property
          and any funds donated to it either by will or deed, or otherwise, or through court order
          or otherwise available to the department, and to administer those funds or property in
          accordance with the instructions in the instrument creating them or in accordance with
          the instructions in the court order or otherwise.
    10.   To formulate standards and make appropriate inspections and investigations in
          accordance with such standards in