North Carolina Administrative Code

section .0800 – notice to applicant: recipient: authorized representative 10A NCAC 71R .0801 NOTIFICATION TIME FRAMES (a) The agency shall ensure that the notice of the eligibility decision on the applicant's request for service(s) is delivered to the client or mailed and postmar…

10A NCAC 71R .0802 DEFINITION OF SERVICE PROVISION Service provision means delivery of the service directly by agency staff or authorization for the purchase of the service from another provider. History Note: Authority G.S. 143B-153; Eff. July 1, 1983; Amended Eff. November 1, 1…

10A NCAC 71R .0803 REQUIREMENTS FOR PROMPT PROVISION (a) Where an individual's eligibility for a service is established in accordance with Rule .0602 of this Subchapter, the service must be provided as follows: (1) Initial service(s) must be provided within 15 calendar days of th…

SECTION .0900 - SERVICE DEFINITIONS 10A NCAC 71R .0901 ADOPTION SERVICES (a) Primary Service. Adoption services are: the recruitment, study and selection of adoptive homes; social casework and other diagnostic and treatment services to prepare the child and prospective parents fo…

10A NCAC 71R .0902 COMMUNITY LIVING SERVICES (a) Primary Service. Community living services are provided to support continuation of the individual's family or community-based situation, or to prepare him for leaving institutional care and facilitate his transition to living in th…

10A NCAC 71R .0903 DAY CARE SERVICES FOR ADULTS (a) Primary Service. Day care services for adults is the provision of an organized program of services during the day in a community group setting for the purpose of supporting adults' personal independence, and promoting their soci…

10A NCAC 71R .0904 DELINQUENCY PREVENTION SERVICES (a) Primary Service. Delinquency prevention services are services to youths who are in danger of being confined to a correctional facility, including counseling and other treatment services to provide guidance and direction to yo…

10A NCAC 71R .0905 EMPLOYMENT AND TRAINING SUPPORT SERVICES (a) Primary Service. Employment and training support services are services provided as part of an individual service plan to enable appropriate individuals to secure paid employment or training leading to employment, inc…

10A NCAC 71R .0906 FOSTER CARE SERVICES FOR ADULTS (a) Primary Service. Foster care services for adults means recruitment, study and development of family care homes and group care facilities; evaluation and periodic re-evaluation to determine if the home or facility meets the ne…

10A NCAC 71R .0907 FOSTER CARE SERVICES FOR CHILDREN (a) Primary Service. Foster care services for children means social casework services through which a plan for substitute care appropriate to a child's needs is evaluated, arranged, maintained and supervised either in the home …

10A NCAC 71R .0908 HEALTH SUPPORT SERVICES (a) Primary Service. Health support services means helping individuals and families to: (1) Recognize health needs including those related to alcohol and drug abuse; (2) Cope with incapacities and limited functioning resulting from aging…

10A NCAC 71R .0909 HOUSING AND HOME IMPROVEMENT service (a) Housing and home improvement is a supportive service which may make a difference in the lives of individuals and families who wish to live independently in safe affordable homes within their communities of choice. This s…

10A NCAC 71R .0910 INDIVIDUAL AND FAMILY ADJUSTMENT SERVICES (a) Primary Service. Individual and family adjustment services are designed to offer assistance to individuals and their family members in support of attempts to restructure or solidify the individual's environment. Act…

10A NCAC 71R .0911 IN-HOME AIDE SERVICES In-home aide services are provided to enable individuals and families to remain in or return to their own homes and communities. To this end, at least one level of this service must be available in each geographic area. (1) Primary Service…

10A NCAC 71R .0912 PERSONAL AND FAMILY COUNSELING (a) Primary Service. Personal and family counseling means the rendering of counseling services or therapy to individuals, either singly or in groups, for the purpose of resolving emotional conflicts within social relationships. It…

10A NCAC 71R .0913 PREPARATION AND DELIVERY OF MEALS (a) Primary Service. This service means the preparation and delivery of nutritious meals to a blind, aging, or disabled individual in his own home or in a central dining facility as necessary to prevent institutionalization or …

10A NCAC 71R .0914 PROBLEM PREGNANCY SERVICES (a) Primary Service. Problem pregnancy services are services to individuals who are involved with an undesired pregnancy. Services include counseling to assist such individuals in looking at alternative solutions to the unwanted pregn…

10A NCAC 71R .0915 PROTECTIVE SERVICES FOR ADULTS (a) Primary Service. Protective services for adults are services provided to correct or prevent further abuse, neglect, exploitation or hazardous living conditions of individuals 18 years of age or older or lawfully emancipated mi…

10A NCAC 71R .0916 PROTECTIVE SERVICES FOR CHILDREN (a) Primary Service. Protective services for children are social services provided to children and their parents or other caretakers in response to instances of actual or suspected child neglect, abuse or dependency. The primary…

10A NCAC 71R .0917 RESIDENTIAL TREATMENT FOR THE EMOTIONALLY DISTURBED (a) Primary Service. Residential treatment means services provided in an environment effectively structured and designed as a therapeutic milieu to meet individualized needs of emotionally disturbed individual…

10A NCAC 71R .0918 TRANSPORTATION SERVICES (a) Primary Service. Transportation services mean providing transportation as part of a service plan to enable individuals for whom transportation is not otherwise available to have access to medical and health resources, shopping facili…

10A NCAC 71R .0919 ADULT PLACEMENT SERVICES (a) Primary Service. Adult Placement Services are activities necessary to assist aging or disabled individuals and their families or representatives in finding substitute homes or residential health care facilities suitable to their nee…

subchapter 71s – service cost-sharing SECTION .0100 – PURPOSE 10A NCAC 71S .0101 PURPOSE OF CONSUMER CONTRIBUTIONS (a) As used in this Subchapter, the following definitions shall apply: (1) Consumer Contributions – a monetary amount voluntarily given to the service provider by th…

SECTION .0200 - SERVICE COST SHARING REQUIREMENTS 10A NCAC 71s .0201 SERVICES SUBJECT TO CONSUMER CONTRIBUTIONS (a) The following services, when provided by funds administered by the Division of Social Services, shall be subject to consumer contributions: (1) Adult Day Care; (2) …

10A NCAC 71S .0202 INITIAL AND ANNUAL REVIEWS (a) Upon the initiation of the provision of the service(s) subject to consumer contributions and at least annually thereafter, the agency shall review with each client determined eligible to receive services subject to consumer contri…

10A NCAC 71S .0203 ANNUAL REVIEW History Note: Authority G.S. 143B-153; Eff. March 1, 1994; Repealed Eff. September 1, 2005.

10A NCAC 71S .0204 INCOME DETERMINATION Income may be self-declared by the client or his designated representative or may be verified at county option. History Note: Authority G.S. 143B-153; Eff. March 1, 1994; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive pu…

10A NCAC 71S .0207 COLLECTION OF CONSUMER CONTRIBUTIONS REVENUE (a) Service providers shall have written procedures to collect, account for, and safeguard all contributions. (b) When the county department of social services directly provides a service subject to consumer contribu…

10A NCAC 71S .0208 TERMINATION Service(s) to the client shall not be terminated for failure to contribute to the cost of service(s) rendered. History Note: Authority G.S. 143B-153; Eff. March 1, 1994; Amended Eff. September 1, 2005; Pursuant to G.S. 150B-21.3A, rule is necessary …

SUBCHAPTER 71T – CHILD SUPPORT ENFORCEMENT 10a NCAC 71T .0101 SERVICES The services provided to non-AFDC clients shall be as follows: (1) the location of absent parents; (2) the establishment of paternity and support obligations; (3) assistance in the preparation and execution of…

10a NCAC 71T .0102 ELIGIBILITY Child support enforcement services are mandatory for all AFDC recipients whose eligibility for public assistance has been established due to the absence from the home of at least one of the parents. In addition, any person who is not a recipient of …

10a NCAC 71T .0103 LEGAL SERVICES All local IV-D agencies are required to arrange for the services of an attorney by one of the following methods: (1) contract with a private attorney, or (2) use of a county or state employed attorney. This requirement is necessary due to the fac…

10a NCAC 71T .0104 HEARINGS AS MANDATED BY THE SET-OFF DEBT COLLECTION ACT Counties shall adhere to the following procedures: (1) Within 30 days of the date of the mailing of the notice of proposed set-off action, an absent parent may request a hearing; This request shall be in w…

SUBCHAPTER 71U – FOOD ASSISTANCE SECTION .0100 – IDENTIFYING INFORMATION 10a NCAC 71U .0101 ADMINISTRATION AND SUPERVISION History Note: Authority G.S. 143B-137.1; 143B-138.1(a)(5); 108A-51; 7 U.S.C. 2011 to 2026; Eff. February 1, 1976; Readopted Eff. October 31, 1977; Repealed E…

SECTION .0200 - MANUAL 10a NCAC 71U .0201 INTENTIONAL PROGRAM VIOLATION DISQUALIFICATION (a) An administrative disqualification hearing (ADH) or referral for prosecution shall be initiated by the public agency whenever there is clear and convincing evidence to substantiate that a…

10A NCAC 71U .0202 COUPON ISSUANCE History Note: Authority G.S. 108A-51; 143B-153; P.L. 104-193; 7 C.F.R. 274.2; 7 C.F.R. 274.3; U.S.C. 2011-2027; Eff. March 1, 1979; Amended Eff. February 1, 1986; Temporary Amendment Eff. January 1, 1998; Amended Eff. April 1, 1999; Repealed Eff…

10a NCAC 71U .0203 FAIR HEARINGS History Note: Authority G.S. 108A-51; 143B-153; 7 CFR 273.15; 7 U.S.C. 2011-2027; Eff. March 1, 1979; Repealed Eff. October 1, 2021.

10a NCAC 71U .0204 DENIAL OF ZERO BENEFIT HOUSEHOLDS Households of three or more persons that do not have a member age 60 or over or disabled, thus subject to the 130 percent of poverty as an eligibility level, shall have their applications denied if the household's net FNS incom…

10A NCAC 71u .0205 IMMEDIATE TERMINATION OR REDUCTION OF ASSISTANCE (a) Pursuant to 7 CFR 273.13(a), households subject to immediate termination or reduction of benefits shall be notified in accordance with the timelines set forth in 7 CFR 273.13(4)(e)(1), which is incorporated b…

10A NCAC 71U .0206 Standard UTILITY ALLOWANCES (a) The State Division of Social Services shall establish standard utility allowances for use in calculating shelter costs of those households which incur utility costs separate and apart from their rent or mortgage payments. The sta…

10A NCAC 71u .0207 United StaTES cITIZENSHIP As a condition of eligibility, United States citizenship for FNS shall be governed by the procedures set forth in 10A NCAC 71W .0403. History Note: Authority G.S. 108A-25; 108A-51; 143B-153; 7 C.F.R. 273.6; 45 C.F.R. 233.50; Eff. July …

10A NCAC 71u .0208 ADDITIONAL MANDATORY VERIFICATIONS History Note: Authority G.S. 108A-51; 143B-153; 7 C.F.R 273.2(f) (3) (iii), (v), (vi); 7 U.S.C. 2011-2029; Eff. July 1, 1982; Amended Eff. January 1, 1989; December 1, 1986; Repealed Eff. September 1, 2005.

10A NCAC 71u .0209 SECOND PARTY REVIEW A second party desk review shall be conducted to review actions taken on all households with five or more members applying for initial certification or recertification for the FNS Program. Actions taken on households with four or fewer membe…

10A NCAC 71U .0210 Income Exclusions Income exclusions set forth in 7 CFR 273.9(c) are hereby incorporated by reference, not including subsequent amendments and editions, and may be accessed at www.gpo.gov at no charge. In addition to the income exclusions set forth in 7 CFR 273.…

10A NCAC 71u .0211 VEHICLE DETERMINATIONS History Note: Authority G.S. 108A-51; 143B-153; H.R.4461; CFR 273.8; Temporary Adoption Eff. July 1, 2001; Eff. July 18, 2002; Repealed Eff. October 1, 2021.

10A NCAC 71U .0212 TRANSITIONAL FNS BENEFITS Households shall receive transitional FNS benefits for a period of five months when they lose their Work First benefits. FNS benefits shall be no less than the amount received by the household prior to the termination of Work First ben…

10A NCAC 71U .0213 simplified REPORTING (a) The simplified reporting category shall apply to all FNS units except the following: (1) A Simplified Nutrition Assistance Program (SNAP) unit; or (2) A Transitional FNS Unit. (b) Certification periods are determined based upon the foll…

10A NCAC 71U .0214 DEDUCTIONS History Note: Authority G.S. 108A-51; 143B-153; P.L. 107-171; Temporary Adoption Eff. February 1, 2003; Eff. August 1, 2004; Repealed Eff. October 1, 2021.

10A NCAC 71U .0215 Resource Exclusions Resource exclusions as set forth in 7 CFR 273.8(e), which is incorporated by reference, not including subsequent amendments and editions, and may be accessed at www.congress.gov at no charge. In addition to the resource exclusions found in f…

10A NCAC 71U .0216 MEDICAL DEDUCTIONS FOR MEDICARE PRESCRIPTION DRUG CARD BENEFITS History Note: Authority 143B-153; P.L 108-173; Eff. April 1, 2005; Repealed Eff. October 1, 2021.