North Carolina Administrative Code

10A NCAC 71P .0606 DISPOSITION Disposition of the application shall complete the application process and shall consist of one of the following actions: (1) Authorization of assistance; (2) Denial of assistance; (3) Voluntary withdrawal of application. Withdrawal shall be by the a…

10A NCAC 71P .0607 REPORT OF DISPOSITION Using the same form used to notify the state office of the processing of an application, the county shall report the disposition of the application. This form shall be used to initiate assistance if the application is approved. History Not…

10A NCAC 71P .0608 NOTICE TO APPLICANT The director of the County Department or his or her designee shall notify the applicant or his or her Authorized Representative or any designated person, in writing of the disposition of the application. The notification for approval must in…

SECTION .0700 - REDETERMINATION OF ELIGIBILITY 10A NCAC 71P .0701 TIME AND CONTENT All eligibility factors as set forth in Rules .0804 and .0805 of this Subchapter that are subject to change shall be reviewed at least once every 12 months, before the recipient receives the 13th S…

10A NCAC 71P .0702 VERIFICATION OF FACILITY RESIDENCE The Caseworker shall verify the Adult Care Facility residence for each recipient in all cases due for a review each month. This Rule shall not apply to recipients eligible for the State/County Special Assistance for the Certai…

10A NCAC 71P .0703 INTERVIEW AND RECOMMENDATION (a) The recipient's rights and responsibilities shall be explained as specified in 10A NCAC 71P .0602. (b) Following the interview the eligibility worker shall recommend action. History Note: Authority G.S. 143B-153; Eff. January 1,…

10A NCAC 71P .0704 RE-EVALUATION History Note: Authority G.S. 143B-153; S.L. 1999-237; Temporary Adoption Eff. January 1, 2000; Eff. July 17, 2000; Repealed Eff. June 1, 2016.

10A NCAC 71P .0705 NOTICE TO RECIPIENT OF INTENDED ACTION The director of the County Department or his or her designee shall notify the recipient and his or her Authorized Representative or any designated person, in writing of any intended action to terminate or modify the recipi…

10A NCAC 71P .0804 PERSONS WHO ARE ELIGIBLE FOR THE STATE/COUNTY ASSISTANCE PROGRAM The State/County Special Assistance Program shall be provided only for persons who: (1) meet one of the following age or disability requirements: (a) are aged 65 or older; (b) are aged less than 6…

10A NCAC 71P .0805 STATE/COUNTY SPECIAL ASSISTANCE FOR THE CERTAIN DISABLED PROGRAM The State/County Special Assistance for the Certain Disabled Program shall be provided only for persons who are: (1) ineligible for SSI and are not receiving SSI; (2) aged 18 or older and less tha…

SECTION .0900 - ELIGIBILITY FACTORS 10A NCAC 71P .0901 AGE Verification of age is required for all applicants, or recipients by documentary evidence. If age cannot be verified in the time limit for processing the application, the worker shall use a temporary determination of age.…

10A NCAC 71P .0902 UNITED STATES CITIZENSHIP (a) Eligibility Requirement. A recipient shall be: (1) A citizen of the United States; or (2) An alien lawfully admitted for permanent residence or an alien residing in the United States under color of law; as set forth in 20 C.F.R .41…

10A NCAC 71P .0903 RESIDENCE (a) State Residence Eligibility Requirement. An individual shall meet the requirements in G.S. 108A-41(b)(3) to be eligible for the State/County Special Assistance Program. An individual who moves to another state and intends to remain there shall not…

10A NCAC 71P .0904 RESources (a) Eligibility shall be determined using the resource rules governing the SSI Program found in Title XVI of the Social Security Act as codified in 42 U.S.C. 1382b, which is hereby incorporated by reference including all subsequent amendments and edit…

10A NCAC 71P .0905 INCOME Eligibility Requirement. Eligibility shall be determined using the income rules governing the SSI Program found in Title XVI of the Social Security Act as codified in 42 U.S.C. 1382a, which is hereby incorporated by reference including all subsequent ame…

10A NCAC 71P .0906 EVALUATION History Note: Authority G.S. 143B-153; S.L. 1999-237; Temporary Adoption Eff. January 1, 2000; Eff. July 17, 2000; Repealed Eff. June 1, 2016.

SUBCHAPTER 71Q - SERVICE ELEMENTS SECTION .0100 - PSYCHOLOGICAL SERVICES 10A NCAC 71Q .0101 NATURE AND SCOPE Psychological evaluations may be provided as an element of designated services in 10A NCAC 71R .0900. History Note: Authority G.S. 143B-153; Eff. July 1, 1984; Pursuant to…

10A NCAC 71Q .0102 CONSENT No psychological evaluation of a minor may take place unless the minor's parent or guardian completes a consent form and submits the form to the psychologist at the time of a scheduled psychological evaluation. On this form, available from county depart…

SECTION .0200 - LEGAL SERVICES 10A NCAC 71Q .0201 NATURE AND SCOPE (a) Legal services may be provided as an element of designated services in 10A NCAC 71R .0900. (b) Legal services do not include the services of lawyers for criminal cases, class actions, community organization, l…

10A NCAC 71Q .0202 METHODS OF PROVISION AND MAXIMUM RATES (a) Legal services may be provided directly by the county department of social services through licensed attorneys employed as service staff or may be purchased under contract or vendor agreement from legal aid corporation…

subchapter 71R – social services block grant SECTION .0100 - SERVICES TO BE PROVIDED 10A NCAC 71R .0101 SOCIAL SERVICES BLOCK GRANT FUNDED SERVICES The following services may be reimbursed with Social Services Block Grant Funds: (1) adjustment services for the blind or visually i…

10A NCAC 71R .0102 STANDARDS All services funded by the Social Services Block Grant shall meet applicable standards set by the appropriate federal agency, a national voluntary nonprofit agency, or a state agency having legal responsibility for developing standards in a specific a…

10A NCAC 71R .0103 MANDATED AND OPTIONAL SERVICES (a) The following services funded with Social Services Block Grant funds shall be made available in each county. These services are: (1) adjustment services for the blind and visually impaired; (2) adoption services; (3) child car…

10A NCAC 71R .0104 PURCHASE OF SERVICES Services funded by the Social Services Block Grant shall be provided directly by the Department of Health and Human Services, its divisions or their local counterparts; or services shall be purchased from public or private providers by cont…

10A NCAC 71R .0105 SERVICES POLICIES Respective divisions or agencies within the Department of Health and Human Services shall be responsible for the administration of regulations and policies which affect client eligibility or control provision of services. Information about ser…

SECTION .0200 - ADMINISTRATIVE REQUIREMENTS 10A NCAC 71R .0201 FISCAL MANAGEMENT The fiscal requirements for the Social Services Block Grant (SSBG) are as follows: (1) Allocation of Funds. Any allocation of SSBG Funds made directly to Department of Health and Human Services divis…

section .0300 – general conditions for provision of services 10A NCAC 71R .0301 APPLICABILITY The rules of Subchapter 71R shall apply to the Division of Social Services, county departments of social services, and to any agency from which the division or a county department of soc…

10A NCAC 71R .0302 FAMILY SERVICES MANUAL AND POLICY DIRECTIVES History Note: Authority G.S. 143B-153; 1985 S.L., c. 479, s. 93; Eff. July 1, 1983; Amended Eff. May 1, 1990; July 1, 1984; Repealed Eff. November 1, 2007.

10A NCAC 71R .0303 RECIPIENT SERVICE RECORDS (a) An agency must open and maintain a service record for each individual for whom an application for social services is made and for each recipient of protective services. Recipient service records must be documented and maintained in…

SECTION .0400 - APPLICATION FOR SOCIAL SERVICES 10A NCAC 71R .0401 APPLICATION REQUIREMENT All applicants for social services must initiate entry into the social services system via a written application except that no application shall be required for the following: (1) evaluati…

10A NCAC 71R .0402 OPPORTUNITY TO APPLY An individual may apply for social services and have his/her application acted upon no more than 30 calendar days from the application date. History Note: Authority G.S. 143B-153; Eff. July 1, 1983; Amended Eff. November 1, 2007; Pursuant t…

10A NCAC 71R .0403 WHO MAY APPLY Application for social services may be made by: (1) an adult or emancipated minor on his/her own behalf or on behalf of others in his/her family; (2) a parent, custodian or guardian acting on behalf of a minor; (3) someone for the applicant if the…

10A NCAC 71R .0404 RESIDENCY In order to apply for social services, individuals must be residents of North Carolina. The definition of residency is found in G.S. 108A-24(6). History Note: Authority G.S. 143B-153; Eff. July 1, 1983; Amended Eff. November 1, 2007; May 1, 1990; Purs…

10A NCAC 71R .0405 APPLICATION DOCUMENTATION REQUIREMENTS (a) The application for services shall be made through a form provided by the Department of Health and Human Services or an equivalent form. (b) When the request is made through a mailed or electronically transmitted reque…

SECTION .0500 - CONDITIONS OF ELIGIBILITY 10A NCAC 71R .0501 BASIC ELIGIBILITY CRITERIA In addition to the requirements of Section .0600 of this Subchapter, in order for an individual to be determined eligible to receive services funded under the Social Services Block Grant (Titl…

10A NCAC 71R .0502 INCOME MAINTENANCE STATUS (a) For an individual to be eligible on the basis of income maintenance status, it must be established that the individual is either: (1) a current recipient of Work First Family Assistance, Benefit Diversion; or Work First Services fo…

10A NCAC 71R .0503 INCOME ELIGIBLE STATUS (a) Individuals other than those eligible on the basis of income maintenance status may be determined eligible on the basis of that individual's income unit's monthly gross income. (b) To determine income eligibility, it is necessary to d…

10A NCAC 71R .0504 DEFINITION OF ESTABLISHED INCOME History Note: Authority G.S. 143B-153; Eff. July 1, 1983; Amended Eff. March 1, 1994; July 1, 1991; May 1, 1990. Repealed Eff. November 1, 2007.

10A NCAC 71R .0505 MAXIMUM INCOME LEVELS FOR SERVICES (a) Sixty Percent of the Federal Poverty Guidelines. An individual whose income unit's gross monthly income is less than 60 percent of the Federal Poverty Guidelines as published annually in the Federal Register by the U.S. De…

10A NCAC 71R .0506 WITHOUT REGARD TO INCOME STATUS Individuals are eligible for the following services on the basis of need for the service and without regard to their income: (1) adjustment services for the blind and visually impaired; (2) adoption services; (3) adult placement …

SECTION .0600 - ELIGIBILITY DETERMINATION 10A NCAC 71R .0601 ELIGIBILITY DETERMINATION (a) For purposes of the rules in this Subchapter, an eligibility determination means a decision pursuant to an application for social services which is based on information necessary to determi…

10A NCAC 71R .0602 BASIS FOR ESTABLISHING ELIGIBILITY Eligibility for services is established on the basis of: (1) a signed, dated application, if required; (2) the agency's determination that the individual meets the conditions of eligibility; (3) availability of the service in …

10A NCAC 71R .0603 BASIS FOR DENIAL OR TERMINATION OF SERVICES (a) Reasons for denial of an application for services and reasons for the termination of services include the following: (1) The individual has failed to cooperate with the agency in determining (or redetermining) eli…

10A NCAC 71R .0604 REDETERMINATION OF ELIGIBILITY (a) The agency shall make a redetermination of eligibility and need for the following services every 12 months: (1) child care services; (2) transportation; and (3) health support – abortion and sterilization components which are …

10A NCAC 71R .0605 DOCUMENTATION OF ELIGIBILITY DECISION (a) The agency shall document information pertinent to meeting conditions of eligibility in the individual's service record. (b) The agency shall document the eligibility decision, the date of the decision and the service w…

10A NCAC 71R .0606 QUARTERLY REVIEW (a) The agency shall review and document the client's situation and service plan at least quarterly from the date of application except for clients whose only service(s) is (are): (1) transportation; (2) child care; (3) foster care; (4) adoptio…

SECTION .0700 - ELIGIBILITY DETERMINATION 10A NCAC 71R .0701 METHODS OF ELIGIBILITY DETERMINATION When the services being provided have income as a condition of eligibility, each county board of social services shall decide whether to use the verification method of eligibility as…

10A NCAC 71R .0702 VERIFICATION METHOD (a) Under the verification method of eligibility determination, an agency shall verify an individual's statement as to eligibility status by obtaining evidence which supports the individual's statement. Evidence which supports the individual…

10A NCAC 71R .0703 DECLARATION METHOD Under the declaration method of eligibility determination, an agency shall accept an individual's statement as to his/her status as an income maintenance recipient or statement as to both the sources and amount of his/her family gross income.…

10A NCAC 71R .0704 METHOD OF DETERMINING NEED FOR SERVICES An agency shall make an assessment of need for services provided on the basis of need without regard to income and funded under the Social Services Block Grant (Title XX). The determination of need is met when the client'…