Title 50, Public Welfare

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Direct costs" means costs that are charged directly to the human service zone human services fund. Direct costs are costs relat…

1. In order to provide optimum service, reduce program costs, and benefit recipients of human services within this state, counties shall combine and consolidate their county agencies into human service zones in the manner provided in this chapter. 2. Human service zones succeed t…

1. In determining whether the creation of a human service zone should be approved or established, the department shall refer to, among other pertinent factors, the following: a. Whether the affected county agencies are able to supply an adequate level and quality of human, social…

1. A plan for the creation of a human service zone must describe the method of operation of the human service zone office, its administration, its location and the location of any ancillary offices, the disbursements from public funds, and the accountability for funds and manner …

The human service zone shall, under the direction and supervision of the department, unless otherwise directed or determined by the department: 1. Supervise and direct all human services activities conducted by the human service zone, including general assistance or other public …

Human service zone directors: 1. Must be employees of the human service zone. 2. Shall serve as the presiding officer of the human service zone board. 3. May serve one or more human service zones. 4. May hire, take disciplinary actions, and direct the work of a human service zone…

A human service zone and department may contract with another human service zone or any other public or private person to discharge any of its duties or exercise any of its powers to administer human services.

1. The department shall adopt standards for administration for human services and shall provide training for the implementation of those standards. Each human service zone shall provide for administration of human services that meet those standards. 2. The department shall develo…

The department must be an active participant in the hiring process of the human service zone director and shall designate at least two individuals to participate on the interview panel. The department shall approve or disapprove of the recommendation for the human service zone di…

A human service zone shall secure, hold, and administer for the purpose for which the human service zone is established any property and any funds donated to the human service zone either by will or deed, or otherwise, or through court order or otherwise available to the human se…

In this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Host county" means the county within the human service zone in which the human service zone administrative office is located and in which the human servi…

The board of county commissioners of each county within the human service zone shall appoint the appointed members of the human service zone board based upon fitness to serve as members by reason of character, experience, and training without regard to political affiliation. Appo…

The appointed members of the human service zone board serve a term of three years or until their successors have duly qualified. The members appointed to the initial human service zone board of a human service zone, however, must be appointed to staggered terms determined accordi…

The human service zone board in this state shall: 1. Provide information to the department relative to the community needs of the human service zone residents and advocate to meet those needs. 2. Review services and programs provided by the human service zone and make periodic re…

The appointing board of county commissioners may adopt a resolution to remove an appointed member of the human service zone board without cause. The board of county commissioners may not remove the human service zone director as presiding officer of the human service zone board.

Any suit or other proceeding arising out of the administration of the laws pertaining to the support of persons eligible for county general assistance or general assistance must be brought by or against the county in its corporate name, human service zone, or department. The stat…

In this chapter, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Division" means the vocational rehabilitation division. 3. "Division executive director" means the director of the vocational rehabilit…

The state of North Dakota hereby accepts all of the provisions and benefits of the acts of Congress of the United States to assist states to provide for the vocational rehabilitation of disabled persons in accordance with state statutes and policies of the department, and the dep…

The department is charged with the duty of administering all funds that are received from federal and state sources for vocational rehabilitation purposes. All such moneys received must be placed in the custody of the state treasurer and must be paid in accordance with legislativ…

The department is responsible for vocational rehabilitation. The division executive director must be appointed in accordance with established personnel standards and on the basis of the person's education, training, experience, and demonstrated ability. In carrying out the divisi…

Except as otherwise provided by law, the department shall provide vocational rehabilitation services to disabled individuals determined by the division executive director to be eligible therefor. In carrying out the purposes of this chapter, the division, among other things, may:…

Vocational rehabilitation services must be provided to any disabled individual: 1. Whose vocational rehabilitation the division executive director determines, after full investigation, can be satisfactorily achieved; or 2. Who is eligible therefor under the terms of an agreement …

Except as may be otherwise provided by law or as may be specified in any agreement with another state or with the federal government, rehabilitation services must be provided at public cost to disabled individuals found to require financial assistance.

The division executive director, with the approval of the department, may accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the department are proper and consistent …

The right of a disabled individual to vocational rehabilitation maintenance under this chapter is not transferable or assignable at law or in equity.

Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the division is entitled, in accordance with regulations, to a fair hearing by the department.

The division shall act as the state licensing agency to license the operators of vending facilities on federal property within the state to the extent permitted or required by the Randolph-Sheppard Act [Pub. L. 74-732; 20 U.S.C. 107]. The division may take any action, consistent …

The office of vocational rehabilitation may establish two rehabilitation teacher positions and one half-time teacher and half-time supervisor position for the rehabilitation of the blind and visually impaired. Each teacher shall provide rehabilitation teaching services that may i…

The office of vocational rehabilitation and other divisions of the department shall work cooperatively to locate eligible clients and to identify and provide them with the services they require to lead a full and meaningful life.

1. There is established a state rehabilitation council in accordance with section 105 of the Rehabilitation Act of 1973 [29 U.S.C. 725]. 2. The state rehabilitation council: a. Shall fulfill the duties outlined in section 105 of the Rehabilitation Act of 1973 [29 U.S.C. 725]. b. …

The hourly rate of compensation for individuals paid by the department under the senior community service employment program is twelve dollars or the amount established by the department by administrative rule, within the limits of legislative appropriation.

It is the purpose of this chapter to establish a system for planning, coordinating, and providing comprehensive human services administered by human service zones and state- operated behavioral health clinics. This chapter must be construed to effectuate the following public purp…

As used in this chapter: 1. "Comprehensive human services" means services included in the comprehensive human services plan published by the state agency and human services required by state law or state agency regulation or federal law or regulation as a condition for the receip…

1. The state agency has the following powers or duties under this chapter: a. To act as the official agency of the state in the administration of the human services for individuals and families in conformity with state and federal requirements. b. To prepare, at least biennially,…

Each human service zone has the following powers and duties under this chapter: 1. To administer comprehensive human services for individuals and families at the human service zone level in conformity with state and federal requirements under the direction and supervision of the …

Each person eligible for services under this chapter, or the person's representative, must be free to choose among available qualified service providers that offer competitively priced services. The human service zone shall inform each eligible applicant for services, provided un…

An individual is not eligible to receive benefits under this chapter if, at any time before or after making application, the individual or the individual's spouse has made any assignment or transfer of any asset for the purpose of making that individual eligible for the benefits.…

1. The state agency may not require an individual to apply for services under chapter 50-24.1 as a condition of being eligible to apply for services under the service payments for elderly and disabled program: a. If the individual's estimated monthly home and community-based serv…

The department shall establish annually a sliding fee schedule based on family size and income to determine a recipient's participation fee percentage for services received through the service payments for elderly and disabled program.

As used in this chapter, "department" means the department of human services, including the state hospital.

The department may charge and collect fees and expenses for services provided through its state-operated behavioral health clinics, and may authorize charging of fees for child support services. The department may establish fee scales which recognize the service recipient's or re…

Expenses for care and treatment of each patient at the state hospital must be in accordance with the cost of providing care and treatment for the different degrees or conditions of mental and physical health and charges may be adjusted in accordance with the patient's or other re…

The recipient, patient, recipient's or patient's estate, and recipient's or patient's spouse are liable for fees and expenses for services rendered by the department, through its state-operated behavioral health clinics, and for care and treatment expenses charged at the state ho…

Notwithstanding any other provision of this chapter, no handicapped patient under twenty-one years of age or the estate or the parent of such patient may be charged for educational or related services provided at the state hospital. However, the department has prior claim on all …

1. Any person liable for the expenses of care and treatment at the state hospital may make application to the department to pay less than the expenses charged. The application must be accompanied by proof of the applicant's inability to pay. Any person who seeks relief from the p…

Claims for fees and expenses charged by the state under this chapter may be filed by the department against the estate of a person liable for the fees and expenses at any time prior to the final distribution of the estate with the same priority as claims of general creditors whic…