Stricken language will be deleted and underlined language will be added.
Act 525 of the Regular Session
1 State of Arkansas As Engrossed: S3/15/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 41
4
5 By: Joint Budget Committee
6
7 For An Act To Be Entitled
8 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
9 AND OPERATING EXPENSES FOR THE DEPARTMENT OF HUMAN
10 SERVICES - DIVISION OF YOUTH SERVICES FOR THE FISCAL
11 YEAR ENDING JUNE 30, 2022; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 AN ACT FOR THE DEPARTMENT OF HUMAN
16 SERVICES - DIVISION OF YOUTH SERVICES
17 APPROPRIATION FOR THE 2021-2022 FISCAL
18 YEAR.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. REGULAR SALARIES - OPERATIONS. There is hereby established
24 for the Department of Human Services - Division of Youth Services for the
25 2021-2022 fiscal year, the following maximum number of regular employees.
26
27 Maximum Annual
28 Maximum Salary Rate
29 Item Class No. of Fiscal Year
30 No. Code Title Employees 2021-2022
31 (1) N026N DHS DEPUTY DIRECTOR OF DYS 1 GRADE SE01
32 (2) L001C PSYCHOLOGIST SUPERVISOR 1 GRADE MP04
33 (3) L038C REGISTERED NURSE 2 GRADE MP01
34 (4) N080N DHS/DMS ASSISTANT DIRECTOR - FISCAL 1 GRADE GS14
35 (5) N128N DHS ASST DIR QUALITY ASSURANCE 1 GRADE GS13
36 (6) G004C MANAGING ATTORNEY 1 GRADE GS13
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1 (7) N156N BEHAV HLTH ASST DIR CHILDRENS SVS 1 GRADE GS12
2 (8) G027N DHS RESEARCH ANALYSIS MANAGER 2 GRADE GS11
3 (9) G255C DYS ACADEMIC ADMINISTRATOR 1 GRADE GS11
4 (10) L010C DHS DMS MEDICAL ASSISTANCE MANAGER 1 GRADE GS10
5 (11) G099C DHS PROGRAM ADMINISTRATOR 6 GRADE GS09
6 (12) E015C SPECIAL EDUCATION SUPERVISOR 1 GRADE GS09
7 (13) M008C YOUTH PROGRAM DIRECTOR 1 GRADE GS09
8 (14) G152C DHS PROGRAM MANAGER 10 GRADE GS08
9 (15) X062C QUALITY ASSURANCE COORDINATOR 2 GRADE GS08
10 (16) M012C YOUTH PROGRAM MANAGER 2 GRADE GS08
11 (17) G183C DHS PROGRAM COORDINATOR 5 GRADE GS07
12 (18) G082C DHS/DYS ADMISSIONS EVALUATOR 1 GRADE GS07
13 (19) E048C EDUCATION & INSTRUCTION SPECIALIST 4 GRADE GS07
14 (20) E040C STAFF DEVELOPMENT COORDINATOR 3 GRADE GS07
15 (21) C037C ADMINISTRATIVE ANALYST 1 GRADE GS06
16 (22) E044C CERTIFIED BACHELORS TEACHER 4 GRADE GS06
17 (23) G210C DHS PROGRAM SPECIALIST 6 GRADE GS06
18 (24) A074C FISCAL SUPPORT SUPERVISOR 1 GRADE GS06
19 (25) G180C GRANTS ANALYST 2 GRADE GS06
20 (26) G214C GRANTS SPECIALIST 1 GRADE GS06
21 (27) X101C INTERNAL AFFAIRS INVESTIGATOR 1 GRADE GS06
22 (28) G166C MILITARY PROGRAM COORDINATOR 3 GRADE GS06
23 (29) B076C RESEARCH PROJECT ANALYST 1 GRADE GS06
24 (30) M047C YOUTH SERVICES ADVISOR 10 GRADE GS06
25 (31) M060C YOUTH PROGRAM COORDINATOR 6 GRADE GS05
26 (32) C056C ADMINISTRATIVE SPECIALIST III 4 GRADE GS04
27 (33) V020C INVENTORY CONTROL MANAGER 1 GRADE GS04
28 (34) C043C RECORDS MANAGEMENT ANALYST 1 GRADE GS04
29 (35) T072C SECURITY OFFICER SUPERVISOR 1 GRADE GS04
30 (36) M084C BEHAV HLTH AIDE 1 GRADE GS03
31 (37) T084C PUBLIC SAFETY SECURITY OFFICER 7 GRADE GS03
32 (38) M070C YOUTH PROGRAM SPECIALIST 6 GRADE GS03
33 MAX. NO. OF EMPLOYEES 103
34
35 SECTION 2. EXTRA HELP - OPERATIONS. There is hereby authorized, for
36 the Department of Human Services - Division of Youth Services for the 2021-
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 As Engrossed: S3/15/21 SB41
1 2022 fiscal year, the following maximum number of part-time or temporary
2 employees, to be known as "Extra Help", payable from funds appropriated
3 herein for such purposes: thirty-six (36) temporary or part-time employees,
4 when needed, at rates of pay not to exceed those provided in the Uniform
5 Classification and Compensation Act, or its successor, or this act for the
6 appropriate classification.
7
8 SECTION 3. APPROPRIATION - OPERATIONS. There is hereby appropriated,
9 to the Department of Human Services, to be payable from the paying account as
10 determined by the Chief Fiscal Officer of the State, for personal services
11 and operating expenses of the Department of Human Services - Division of
12 Youth Services for the fiscal year ending June 30, 2022, the following:
13
14 ITEM FISCAL YEAR
15 NO. 2021-2022
16 (01) REGULAR SALARIES $4,984,613
17 (02) EXTRA HELP 41,903
18 (03) PERSONAL SERVICES MATCHING 1,769,260
19 (04) OVERTIME 8,699
20 (05) MAINT. & GEN. OPERATION
21 (A) OPER. EXPENSE 5,112,099
22 (B) CONF. & TRAVEL 91,144
23 (C) PROF. FEES 359,050
24 (D) CAP. OUTLAY 105,000
25 (E) DATA PROC. 0
26 TOTAL AMOUNT APPROPRIATED $12,471,768
27
28 SECTION 4. APPROPRIATION - COMMUNITY BASED SANCTIONS. There is hereby
29 appropriated, to the Department of Human Services - Division of Youth
30 Services, to be payable from the Youth Services Fund Account, for grants and
31 aid for graduated community based sanctions for juveniles adjudicated
32 delinquent for the fiscal year ending June 30, 2022, the following:
33
34 ITEM FISCAL YEAR
35 NO. 2021-2022
36 (01) COMMUNITY BASED SANCTIONS $2,480,444
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1
2 SECTION 5. APPROPRIATION - COMMUNITY SERVICES. There is hereby
3 appropriated, to the Department of Human Services, to be payable from the
4 Youth Services Fund Account, for purchase of services from community based
5 providers by the Department of Human Services - Division of Youth Services
6 for the fiscal year ending June 30, 2022, the following:
7
8 ITEM FISCAL YEAR
9 NO. 2021-2022
10 (01) COMMUNITY SERVICES $18,821,100
11
12 SECTION 6. APPROPRIATION - FEDERAL CHILD AND YOUTH SERVICE GRANTS.
13 There is hereby appropriated, to the Department of Human Services, to be
14 payable from the federal funds as designated by the Chief Fiscal Officer of
15 the State, for federally funded grants of the Department of Human Services
16 for the fiscal year ending June 30, 2022, the following:
17
18 ITEM FISCAL YEAR
19 NO. 2021-2022
20 (01) FEDERAL CHILD AND YOUTH SERVICE GRANTS $5,832,942
21
22 SECTION 7. APPROPRIATION - RESIDENTIAL SERVICES. There is hereby
23 appropriated, to the Department of Human Services, to be payable from the
24 Youth Services Fund Account, for the purchase and operation of residential
25 services by the Department of Human Services - Division of Youth Services for
26 the fiscal year ending June 30, 2022, the following:
27
28 ITEM FISCAL YEAR
29 NO. 2021-2022
30 (01) RESIDENTIAL SERVICES $28,012,244
31
32 SECTION 8. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
33 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER
34 OF FUNDS FOR THE JUVENILE OMBUDSMAN PROGRAM. The Department of Human
35 Services shall provide funding in an amount not to exceed $240,000 for the
36 fiscal year ending June 30, 2021 2022 for the Juvenile Ombudsman Program
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 As Engrossed: S3/15/21 SB41
1 described in ACA 16-87-216. Upon request by the Executive Director of the
2 Arkansas Public Defender Commission, the Chief Fiscal Officer of the State
3 shall transfer an amount not to exceed $240,000 for the fiscal year ending
4 June 30, 2021 2022 from an account designated by the Director Secretary of
5 the Department of Human Services to the State Central Services Fund as a
6 direct revenue to fund the Juvenile Ombudsman Program.
7 The provisions of this section shall be in effect only from July 1, 2020
8 2021 through June 30, 2021 2022.
9
10 SECTION 9. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
11 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TRANSFER
12 OF FUNDS FOR LOCAL JUVENILE DETENTION FACILITIES. The Chief Fiscal Officer
13 of the State shall transfer funds in an amount of $400,000 for the fiscal
14 year ending June 30, 2021 2022 from the Department of Human Services Youth
15 Services Fund Account to the Juvenile Detention Facilities Operating Fund to
16 fund the appropriation to the Department of Finance and Administration
17 Disbursing Officer for grants for operating expenses of local juvenile
18 detention facilities.
19 The amount of the funds transferred in the fiscal year ending June 30,
20 2021 2022 may be adjusted upon request of the Director Secretary of the
21 Department of Human Services on a pro-rata basis with any reductions provided
22 in the Revenue Stabilization Law from the July 1 Official Forecast of general
23 revenue funding for the Division of Youth Services.
24 The provisions of this section shall be in effect only from July 1, 2020
25 2021 through June 30, 2021 2022.
26
27 SECTION 10. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
28 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. YOUTH
29 SERVICES - TIMBER SALES PROCEEDS - CAPITAL IMPROVEMENTS AND EQUIPMENT. The
30 Division of Youth Services is authorized to use the administrative operating
31 account for capital improvements to the physical plant and for the purchase
32 of capital equipment by the Mansfield Youth Services Facility operated by the
33 Department of Human Services, Division of Youth Services. The funds shall be
34 held by the Department of Human Services, Division of Youth Services from the
35 proceeds of the sale of timber that may be harvested from land owned by the
36 Division of Youth Services. All funds deposited and all expenses shall be
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 As Engrossed: S3/15/21 SB41
1 tracked separately. The harvesting of timber is specifically authorized to
2 provide funds to finance capital improvements to the physical plant and for
3 the purchase of major capital equipment by the Mansfield Facility from which
4 the timber is sold.
5 The Division of Youth Services shall report all income derived from the
6 sale of timber to the Chief Fiscal Officer of the State and the Arkansas
7 Legislative Council or Joint Budget Committee. Any contracts initiated for
8 the harvesting and sale of timber shall be submitted to the Review
9 Subcommittee of the Arkansas Legislative Council or Joint Budget Committee
10 for prior review. All expenditures of funds derived from the sale of timber
11 will be expended in accordance with relevant state purchasing laws.
12 The provisions of this section shall be in effect only from July 1, 2020
13 2021 through June 30, 2021 2022.
14
15 SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
16 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.
17 RESIDENTIAL SERVICES CONTINGENCY. If it has been determined that the
18 Department of Human Services - Division of Youth Services cannot continue to
19 contract with private provider(s) for residential juvenile services,
20 educational services, therapeutic services, and/or medical services and deems
21 it necessary to utilize Department staff to provide all or parts of the
22 required services above, the Department is authorized to seek the approval of
23 the Chief Fiscal Officer of the State, the Governor and the Arkansas
24 Legislative Council or Joint Budget Committee to utilize the contingent
25 residential services positions contained in this Act and to make the
26 appropriate transfers from any line item authorized in the RESIDENTIAL
27 SERVICES appropriation of this Act to any line item authorized in the
28 OPERATIONS appropriation of this Act. If it has been determined that the
29 Department of Human Services - Division of Youth Services cannot continue to
30 operate one or more of the various service components of a Residential
31 Facility for residential juvenile services, educational services, therapeutic
32 services, and/or medical services and deems it necessary to utilize a
33 contract with private provider(s), the Department is authorized to seek the
34 approval of the Chief Fiscal Officer of the State, the Governor and the
35 Arkansas Legislative Council or Joint Budget Committee to make the
36 appropriate transfers from any line item authorized in the OPERATIONS
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1 appropriation of this Act to any line item authorized in the RESIDENTIAL
2 SERVICES appropriation of this Act.
3 The provisions of this section shall be in effect only from July 1,
4 2020 2021 through June 30, 2021 2022.
5
6 SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
7 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. EXTRA
8 HELP SALARIES - CONTINGENT RESIDENTIAL SERVICES POSITIONS. There is hereby
9 established for the Department of Human Services - Division of Youth Services
10 - Contingent Residential Services Positions, the following maximum number of
11 positions whose salaries shall be governed by the provisions of the Uniform
12 Classification and Compensation Act (Arkansas Code 21-5-201 et seq.), or
13 its successor, and all laws amendatory thereto. Requests to use positions
14 will be based upon the non-contracted services for residential juvenile
15 services, educational services, therapeutic services, and/or medical
16 services. If at such time a category(s) of services are contracted with
17 private provider(s), identified positions associated with such service(s)
18 shall be returned to the contingency pool. In order to ensure required
19 staffing levels, Extra Help positions authorized herein are specifically
20 exempt from limitation of hours, either by Act or regulation.
21
22 CONTINGENT POSITIONS - RESIDENTIAL SERVICES
23 MAXIMUM
24 ITEM CLASS NO. OF
25 NO. CODE TITLE EMPLOYEES
26 (01) 9999 EXTRA HELP 320
27 GRAND TOTAL CONTINGENT POSITIONS 320
28
29 The provisions of this section shall be i