Title 50, Public Welfare

Within the limits of the human service zone appropriation, each human service zone in this state is obligated, upon receipt of a written application, to provide general assistance to persons who are residents of the human service zone and who are eligible. To be eligible for gene…

The human service zone director or the director's designee is responsible for determining, within a reasonable period of time, an applicant's eligibility for general assistance under this chapter. The applicant must be provided written notice of the determination. The notice must…

The human service zone, through the human service zone director, or the director's designee, has exclusive jurisdiction and control of the administration of general assistance within the human service zone, except as otherwise provided in this title.

Every person who administers general assistance shall maintain reasonable records.

Within the limits of the human service zone appropriation, the human service zone promptly shall provide necessary medical services, covered in the written eligibility standards for general assistance, for any poor person in the human service zone who is not provided for in a pub…

If a person applying for general assistance is able to work, or if any member of that person's family is able to work, the human service zone in which the person is a resident may insist that those able to work seek employment and the human service zone director or the director's…

If a person applying for general assistance is able to work, the human service zone director or the director's designee, at its option, may require the applicant to comply with any or all of the following provisions as a condition to receiving general assistance: 1. To register w…

The department of health and human services may develop community work experience programs through agreements with any public entity, nonprofit agency or organization, or in conjunction with, or through utilization of, applicable federal programs. The number of hours to be worked…

Any community work experience program established pursuant to this chapter must provide: 1. That appropriate health, safety, and work conditions exist. 2. That the program does not result in displacement of persons currently employed. 3. That the program does not apply to jobs co…

No recipient may be required to participate in a work experience program if: 1. The position offered is vacant because of a strike, lockout, or other labor dispute. 2. The recipient would be required to join a company union or to resign from or refrain from joining any legitimate…

Refusal of any applicant or recipient, without good cause, to comply with any work requirements established pursuant to this chapter may be grounds for denial or termination of general assistance.

Funds used for subsistence, medical, hospital, or burial expenses of a recipient of county general assistance or general assistance may not be considered as gifts, and the county and department have a preferred claim against the estate of any person who has received county genera…

A person who has residence in this state, for general assistance purposes, is a resident of the human service zone in which the person is living on other than a temporary basis. If a person is living in a human service zone on a temporary basis, the person is a resident of the hu…

A person who is a resident of this state for purposes of chapter 50-24.5 is a resident of this state for county general assistance purposes. If a person moves from this state for other than a temporary purpose, the person's residency in this state for county general assistance pu…

If a person who is receiving general assistance in one human service zone becomes a resident of another human service zone in this state, the human service zone from which the person moves shall forward appropriate records and files to the new human service zone of residence.

If the residence of a person is uncertain for general assistance purposes, the human service zone in which the person lives shall provide county general assistance until that person's residence is determined.

As used in this chapter, unless the context otherwise requires: 1. "Behavioral health" means the planning and implementation of preventive, consultative, diagnostic, treatment, crisis intervention, rehabilitative, and suicide prevention services for individuals with mental, emoti…

When the terms "public welfare board of North Dakota", "social service board of North Dakota", "executive director of the public welfare board", "executive director of the social service board", "department of human services", or "executive director of the department of human ser…

1. Each shelter care program shall secure, from a law enforcement agency or any other agency authorized to take fingerprints, two sets of fingerprints and shall provide all other information necessary to secure state criminal history record information and a nationwide background…

1. The powers and duties carried out by the department under this title may be financed out of a special fund within the state treasury to be known as the health and human services operating special fund. 2. The commissioner of the department or the commissioner's designee and th…

1. The governor shall appoint the commissioner of the department who shall serve at the pleasure of the governor. The commissioner shall take the oath of office required of civil officers by section 44-01-05. The commissioner is entitled to receive compensation in the amount esta…

1. The department includes the state hospital, the state-operated behavioral health clinics, a vocational rehabilitation unit, public health division, and other units or offices and administrative and fiscal support services as the commissioner of the department determines necess…

1. The department shall develop and revise, when necessary, the state mental health plan and provide the behavioral health division the authority to implement and supervise a unified mental health delivery system and to assure the mental health services provided by the state-oper…

In accordance with section 12-60-24, the department may require criminal history record checks as the department determines appropriate for: 1. Job applicants of the department and employees of the department as part of contingent offer of employment; 2. Job applicants of the hum…

The department has the following powers and duties to be administered by the department through its state office or state-operated behavioral health clinics, human service zones, or otherwise as directed by the department: 1. To act as the official agency of the state in any soci…

1. Community-based behavioral health services must be delivered through state- operated behavioral health clinics in the areas designated by the governor's executive order 1978-12 dated October 5, 1978. The department shall request appropriations and resources sufficient for: a. …

1. State-operated behavioral health clinics shall provide services and assistance to all eligible individuals and families to support individuals in achieving social, emotional, and economic self-sufficiency by providing services and assistance to: a. Build resilience, self-suffi…

Each behavioral health clinic advisory group of the state-operated behavioral health clinics shall perform the following duties: 1. Provide information to the department relative to needs assessment and the planning and development of resources for the effective and efficient del…

Each state-operated behavioral health clinic must be headed by a director. The state- operated behavioral health clinic director must be accountable to the commissioner of the department or the commissioner's designee. Each state-operated behavioral health clinic director may emp…

The department shall pay each human service zone's expenses for administering human services for calendar years after December 31, 2019, based on the payment amount calculated for each human service zone under chapter 50-35. The commissioner of the department or commissioner's de…

The department of human services shall establish guidelines for long-term care services providers to deliver home and community-based services to allow individuals to remain in their homes and communities.

The department shall enter into an agreement with the North Dakota state university extension service for the design of a program to educate and support individuals at all points within the family life cycle. The program must provide support for families and youth with research-b…

Within the limits of federal regulations, the department shall directly pay early childhood facilities monthly under child care assistance programs administered by the department.

1. The department shall establish a program to provide out-of-home treatment services for a Medicaid-eligible child with a serious emotional disorder. The department may not require a parent or legal guardian to transfer legal custody of the child in order to have the child place…

The department and human service zones shall explore the option of kinship care if a child is unable to return home due to safety concerns. Absent kinship options, the department and human service zones shall provide permanency options that are in the least restrictive care and n…

The department shall establish and maintain a registry of mental health programs in the state. A mental health program shall provide the information and documentation necessary to the department at least annually in the form and manner prescribed by the department. The department…

Within the limits of legislative appropriation therefor and in accordance with rules established by the department, the department may defray the costs of preventive diagnostic, therapeutic, rehabilitative, or palliative items or services furnished medical assistance eligible ind…

It is the intent of the legislative assembly that the department maintain a facility staff training system to assure adequate and appropriate staff development and training for the providers of community-based care on behalf of individuals with developmental disabilities.

It is the intent of the legislative assembly that the department implement a comprehensive community residential program for children with developmental disabilities, including the use of intermediate care facilities and other such foster home and group home resources as deemed a…

1. The department shall develop a plan for an integrated, multidisciplinary continuum of services for individuals with serious and persistent mental illness. The continuum may consist of an array of services provided by private mental health professionals, private agencies, human…

The commissioner of the department or commissioner's designee may lease real or personal property at the life skills and transition center or the state hospital upon a specific finding that the granting of each such leasehold interest will result in a net economic gain for the de…

The department, with the approval of the governor, is authorized but not required to determine if surplus steam heat is or may be produced at the life skills and transition center, and to sell any surplus steam heat to the city of Grafton. The sale may be on such terms and condit…

Notwithstanding any other eligibility requirements for human services programs, the department, pursuant to rules adopted by the department, may pay health insurance premiums, copayments, and deductibles for a person with human immunodeficiency virus infection, or for any person …

The department, with the approval of the attorney general, may: 1. Enter into reciprocal agreements with corresponding state agencies of other states having like statutory authority, regarding the interstate residence, care, and transportation of indigent persons. 2. Arrange with…

Any agreement made by the department under the provisions of section 50-06-11 for the acceptance, transfer, and support of any person from another state is binding on the human service zone where such person is residing. Neither this state nor any human service zone in this state…

The department shall limit the reimbursement for rental expense paid by a provider of services when a provider sells its skilled nursing facility, intermediate care facility, basic care facility, or other facility furnishing care to its residents, when a care rate is based, in pa…

1. Individually identifiable information concerning an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department is confidential, except that any such information, including an individual…

The department shall implement a procedure for the exchange and transfer, among treatment units within the department and treatment units of agencies under contract with the department, of records relating to the examination, custody, care, and treatment of mental health clients …

The department may adopt rules necessary to carry out the responsibilities of the department in conformity with any statute administered or enforced by the department. All rules adopted must be published in the North Dakota Administrative Code. Rules adopted by agencies prior to …

The department shall submit to the governor and the office of management and budget the biennial report and budget estimate in accordance with sections 54-06-04 and 54-44.1-04.