Title 20, Social Services

§346-103 Wages or salaries of public service employment. Any person in occupations of public service employment shall receive the prevailing rate of compensation for persons employed in similar public employment. If no prevailing rate exists, the director of human services shall …

[§346-104] Refusal to work; ineligibility for public assistance. The department shall adopt rules pursuant to chapter 91 rendering any person ineligible for public assistance if the person refuses to accept suitable work as provided by public service employment without justifiabl…

§346-11 Unauthorized disclosure or inspection. Any person, including any person acquiring information through inspection permitted the person or another under section 346-10, who, knowing the information to have been acquired from the confidential records or files of the departme…

§346-12 Hearing. An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by the part…

§346-13 Attendance and testimony of witnesses. (a) In all hearings or investigations conducted by or initiated at the request of the director of human services or the director's designated subordinate with respect to all matters reasonably related to department functions and prog…

§346-14 Duties generally. Except as otherwise provided by law, the department of human services shall: (1) Establish and administer programs and standards, and adopt rules as deemed necessary for all public assistance programs; (2) Establish, extend, and strengthen services for t…

[§346-14.3] Guiding principles to be used by state agencies when dealing with children of incarcerated parents. The guiding principles to be used by the state agencies when dealing with children of incarcerated parents shall be as follows: (1) Children should be treated with resp…

[§346-14.5] Financial assistance advisory council; established. (a) There is created within the department for administrative purposes the financial assistance advisory council. The financial assistance advisory council shall be composed of fifteen members appointed by the direct…

[PART VII.] RESIDENT ALIEN AND NATURALIZED CITIZEN PROGRAM [§346-141] Purpose. The purpose of this part is to assist a qualified person to return to the person's homeland. [L 1980, c 276, pt of §2]

[§346-142] Definitions. As used in this part: "Alien" means any person not a citizen or national of the United States but who is allowed, under federal law, to reside in the United States. "Homeland" means the country in which a person was born. "Naturalized citizen" means a pers…

[§346-143] Administration. The director may enter into contracts with private, nonprofit organizations for the purpose of providing transportation assistance to a qualified person who desires to return to the qualified person's homeland in order to establish and maintain a perman…

[§346-144] Application; approval; statement; return. (a) A person desiring to return to the person's homeland may make application to the director. The application shall include evidence from a recognized agency or other acceptable means to ensure that the person's health and wel…

[§346-145] Transportation assistance. The director shall adopt rules under chapter 91 to determine the transportation and administrative costs which are required for the return of a qualified person to the qualified person's homeland. The amount of such costs shall be considered …

[§346-146] Penalty. Any person who uses the transportation assistance under this chapter for any purpose other than that for which approved by the director shall be guilty of a misdemeanor and required to return the full amount of the transportation assistance used. [L 1980, c 27…

§346-15 Death benefits for deceased medical or financial assistance recipients and disposition of unclaimed dead human bodies. (a) Where the decedent was a medical assistance or financial assistance recipient at the time of death and is ineligible for the Social Security Administ…

PART VIII. CHILD CARE A. General §346-151 Definitions. For the purposes of this part: "Care" refers to those situations where a person or organization has agreed to assume and has been entrusted with the responsibility for the child's supervision, development, safety, and protect…

§346-152 Exclusions; exemptions. (a) Nothing in this part shall be construed to include: (1) A person caring for children who is related to each child by blood, marriage, or adoption as: (A) A parent's sibling; grandparent; great-grandparent; great-great grandparent; first cousin…

§346-152.3 Investigations. (a) Upon receiving a report that a person or child care facility may be caring for children in violation of this part, the department may conduct an investigation for the purpose of determining whether a violation of this part has occurred or is occurri…

§346-152.5 Requirements for persons exempt pursuant to section 346-152. (a) In order to provide child care for a child whose family receives a child care subsidy from the department, persons exempt pursuant to section 346-152 shall be required to agree to: (1) A criminal history …

[§346‑152.7] Safe sleep policy. (a) All child care facilities, which include family child care homes, group child care centers, and group child care homes, as those terms are defined in section 346-151, and infant and toddler child care centers, that are registered or licensed by…

§346-153 Records of deficiencies and complaints; release to public. (a) For every child care facility, the department shall maintain records for the current and previous two years of: results of its inspections; notifications to providers of deficiencies; corrective action taken;…

§346-154 Background checks. (a) The department shall develop standards to ensure the reputable and responsible character of an applicant to operate a child care facility, prospective employees of the applicant, household members, and new employees or household members of the prov…

[§346-155] Rules. Rules adopted pursuant to this part shall be adopted in accordance with chapter 91. [L 1985, c 208, pt of §2]

§346-156 Penalty; remedies. (a) Any person, entity, agency, or organization violating any provision of this part or any rule made pursuant thereto shall be fined up to $1,000 for each day of violation; provided that the fine may be up to $3,000 for each day for a violation of sec…

§346-157 Liability insurance coverage; requirement. (a) For the purpose of this section, "liability insurance coverage" means a general casualty insurance policy issued to a provider insuring against legal liability for injury resulting from negligence to a child during the time …

[§346-158] No smoking in child care facilities. Smoking shall be prohibited in all group child care homes, group child care centers, and family child care homes during their hours of operation. [L 1993, c 68, §1]

§346-16 Definitions. (a) As used in this chapter: "Child caring institution" means any institution other than an institution of the State, maintained for the purpose of receiving six or more minor children for care and maintenance, not of common parents, apart from their parents …

B. Group Child Care Home and Group Child Care Center Licensure §346-161 License for group child care home, group child care center required. No person shall operate, maintain, or conduct a group child care home or group child care center unless licensed to do so by the department…

§346-162 Rules; minimum standards. The department of human services, after consultation with the department of health, the department of education, and the fire chiefs of the respective counties, shall make, prescribe, and publish such rules as are deemed necessary to protect the…

§346-163 Licenses and temporary permits. (a) If satisfied that the applicant meets the minimum standards established pursuant to section 346-162 and subject to the criminal history record checks and child abuse record checks of section 346-154, the department shall grant the appl…

§346-164 Suspension and revocation of licenses and permits; reissuance. Any license or temporary permit issued under this subpart may be suspended or revoked by the department of human services after due notice and hearing, the provisions for which shall be made in the rules. How…

§346-165 Visitation and inspection of group child care home, group child care center. The department of human services shall visit and inspect each group child care home and group child care center as frequently as it deems necessary for the proper operation, sanitation, and safe…

§346-166 Records. Every group child care home and group child care center shall keep such records and shall file with the department of human services such reports as required by rules adopted by the department. All records and all information obtained concerning children or thei…

§346-17 Child placing organizations, child caring institutions, and resource family homes; authority over, investigation of, and standards for. (a) No child placing organization shall engage in the investigation, placement, and supervision of minor children in foster care unless …

[§346-17.2] Health assessment. The department shall ensure the provision of a comprehensive health assessment for each child in out-of-home placement forty-five days before or after an initial placement. [L 2010, c 135, pt of §2]

[§346-17.3] Motor vehicle insurance. The parents of a child under foster care who has obtained a driver's license shall pay the costs of the child's motor vehicle insurance, unless the court determines the parents to be financially unable to pay the costs, in which case the child…

§346-17.4 Higher education stipends for students. (a) An eligible former foster youth shall be eligible for a higher education stipend after reaching the age of majority, and the higher education stipend for that former foster youth shall be paid to an intermediary contracted by …

[§346-17.5] Federal aid to children in foster care. (a) Beginning October 1, 1983, not more than forty per cent of the total number of children for whom maintenance is provided pursuant to part E of title IV of the Social Security Act may have been in foster care for more than tw…

§346-17.6 Consent to no cost emergency shelter and related services. (a) A provider may provide no cost emergency shelter and related services to a consenting minor if the provider reasonably believes that: (1) The minor understands the significant benefits, responsibilities, ris…

C. Family Child Care Home Registration §346-171 Registration for family child care home required. No person shall operate or maintain a family child care home unless registered to do so by the department of human services under this subpart. The registration shall be valid for: (…

[§346-172] Rules for registration. (a) The department shall adopt rules establishing minimum requirements to ensure the health and safety of children provided care in a family child care home. The rules may specify, but shall not be limited to, minimum requirements concerning: (1…

§346-173 Procedure for registration. (a) A person desiring to have the person's home registered as a family child care home shall make application to the department. Upon receipt of the application, the department shall conduct a study of the applicant's qualifications, home, and…

[§346-174] Informing parent and legal guardian of children and general public. (a) The department shall maintain a registry of registered family child care homes and make the information in the registry available to the general public upon request. The department may also provide…

[§346-175] Visitation and inspection of family child care home; revocation of registration. (a) The department shall visit and inspect the premises and operation of a family child care home to determine compliance with the minimum requirements established under section 346-172: (…

[§346-176] Family child care system. The department shall authorize the establishment and operation of a family child care system under which a sponsoring agency contracts family child care homes to provide care and assumes administrative tasks for the homes and providers; provid…

[§346-177] Program of incentive for registration. Subject to the limits of legislative appropriations, the department may establish a program to encourage the registration of persons who provide care in private homes in violation of section 346-171. The program may include: (1) T…