HomeMy WebLinkAboutAgenda - 12-04-2017 - 7-a - House Bill 630 – Family-Child Protection and Accountability Act 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2017
Action Agenda
Item No. 7-a
SUBJECT: House Bill 630 — Family/Child Protection and Accountability Act
DEPARTMENT: Social Services
ATTACHMENT(S): INFORMATION CONTACT:
House Bill 630 Overview Nancy Coston, 919-245-2800
UNDER SEPARATE COVER
House Bill 630 — Only Available
Electronically at:
https://www.ncoastate.no.us/Sessions/2
01 7/ ills/ ouse/P F/ 630v6.pdf
PURPOSE: To provide the Board with information about legislation passed by the North
Carolina General Assembly impacting programs at the Department of Social Services (DSS).
BACKGROUND: In June 2017, the North Carolina General Assembly passed House Bill 630,
Family/Child Protection and Accountability Act. This bill includes study and changes designed
to improve outcomes for families in the child welfare system and to improve performance in all
mandated social service programs. A UNC School of Government Overview is attached and
House Bill 630 can be accessed at the electronic link noted above.
There are many facets of this law, some of which have major implications for local departments
of social services. Some of those areas are organizational structure/regionalization of both state
and county services, performance contracts between each county and the state, and an external
study of the social services system. Although the timelines vary for different parts of the law,
performance contracts with the state will become effective July 2018 and the details of those
contracts are currently under development. The law includes language regarding corrective
actions and "state takeover" of all or some of the programs in a local agency if the performance
measures are not met.
A report on the advantages and challenges of transitioning from county Social Services' offices
to regional offices is due to the General Assembly by February 2019. There is also a report due
in November 2018 on regionalization of state offices with implementation to occur no later than
March 2020. A workgroup was appointed by the General Assembly to make these
recommendations. There are county representatives on the workgroup, and one representative
of attorneys who works with social services agencies is Angie Stephenson, a law partner at
Holcomb and Stephenson (the firm that provides legal services for Orange County DSS
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services). The workgroup has met several times and the School of Government is providing
facilitation and other support for this work.
When this legislation was first introduced, regionalization of local social service agencies was
mandatory. Through work with the bill sponsors, this was changed to allow the work group to
make recommendations to the General Assembly before implementation. It does appear
however that there is still interest in mandatory regionalization of both state functions and local
agencies.
The Department of Social Services is participating in numerous activities related to the law.
These include analyzing proposed performance measures, identifying data sources for these
measurements, and determining current performance. The Social Services Board and staff have
met with state representatives to share concerns about some parts of the law, particularly
mandatory regionalization. There is also a convening session in January sponsored by the
county commissioners' association and Orange County will participate in that session.
FINANCIAL IMPACT: Although there is no immediate financial impact of this report,
recommendations of the workgroup or studies may have significant impacts.
SOCIAL JUSTICE IMPACT: Although there are no Orange County Social Justice Goal impacts
associated with receiving this report, there may be social justice impacts related to
implementation depending on the recommendations developed by the consultants and
workgroup.
RECOMMENDATION(S): The Manager recommends that the Board receive the report on
House Bill 630 for information purposes and consider sending a letter outlining Orange County's
concerns to Orange County's legislative delegation and the North Carolina Association of
County Commissioners.
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Social Services Reform:
Overview of 2017 Legislation
Sara De Pasquale and Aimee Wall
UNC School of Government
S`L^ 2017~41 (H 630), as amended by S.L. 2017-102 (H 229)
Rylan's Law/Family and Child Protection and Accountability Act
This session law is expansive in scope and addresses may different social services topics. Each
topic that is related to social services system reform is summarized below.
Part I. Regional Supervision and Collaboration
This part focuses primarily on the need to (1) enhance state supervision of the administration of
social services programs by the counties and (2) improve collaboration between counties. The
N.C. Department of Health and Human Services (DHHS) is required to submit a plan for
establishing regional offices to the General Assembly by November 15, 3OlO^vviththe
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expectation that the system of regional supervision will be operational by March 1, 2020.
In developing the plan, DHHS must take into consideration recommendations from the Social
Services Regional Supervision and Collaboration Working Group (Working Group). The Working
Group will have 18 members representing different groups and stakeholders, including
legislators, DHHS,judiciary, county commissioners, social services directors, and social services
attorneys. There will be two co-chairs, one from the Senate and one from the House of
Representatives. The UNC School of Government is required to convene the Working Group,
facilitate the meetings, and provide administrative and technical support to the effort. The co-
chairs are authorized to establish ad hoc subcommittees to gather information from various
experts and stakeholder organizations.
The Working Group is required to prepare two reports. The first is due by April 15, 2018 and
must include recommendations regarding:
• The size, number, and location of the regional state offices.
• The allocation of responsibility between central/Raleigh, regional, and local/county
officials in supervising and administering social services programs.
• Methods for holding the regional offices accountable for performance and
responsiveness.
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• Information sharing between the regional offices and the boards of county
commissioners regarding local department performance.
Pa8ol—SeptemberZ5i3O17
4
• Options for authorizing the board of county commissioners to intervene in program
administration prior to the state assuming direct control of service delivery. —�
•
The second report is due by February 1, 2019 and must include:
• Recommendations regarding legislative and regulatory changes necessary to improve
collaboration between counties. Specifically, the recommendations must address
information sharing, conflicts of interest, and intercounty movement of clients.
• A vision for transitioning the State from a county-administered system to a regionally-
administered system.
It is important to note that earlier versions of the legislation would have required the state to
implement a regionally-administered social services system. The version of the law that was
adopted requires regional supervision, and directs the working group to consider the issue of
regional administration.
Part II. Reforming State Supervision and Accountability
This part directs the Office of State Budget and Management (OSBM), in consultation with
DHHS, to contract with an outside organization (contractor) to develop a plan to reform the
State supervision and accountability for the social services system. It identifies two components
of the plan: system reform and child welfare reform. These components are described in more
detail below. The contractor is required to submit a preliminary report to the General Assembly
180 days after the contract is finalized. After that report, the contractor must submit bimonthly
progress reports. DHHS is required to submit preliminary recommendations for legislative
change by October 1, 2018 and may submit supplemental recommendations as necessary.
System reform plan
The contractor will be required to evaluate the role of the state, develop a new vision and
strategic direction for the social services system, and develop a plan for reforming the overall
system to improve outcomes, supervision, and accountability. It must also develop a plan
related to data collection and use and create a Dashboard using data from the NC FAST system.
The purpose of the Dashboard is to serve as a report card for the public to see how the local
departments are performing. The contractor is also required to develop a plan for continuous
quality improvement (C{}|).
In the context of the system reform plan, the contractor will be required to review policies and
procedures to identify changes necessary to support reform. It will also need to provide
ongoing evaluation and oversight of DHHS's implementation of system reform.
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Child welfare reform plan
As part of the system reform plan, the contractor is also required to develop a specific plan
focused on child welfare reform. The plan must include recommendations regarding child
protective services, preventive and in-home services, child fatality oversight, placement,
permanency, health, mental health, and educational services for children and families, services
for older youth and those who have aged out, and staff training and compensation. It must also
address a long list of specific practice-related issues.
Part III. County Contract/Corrective Action/State Intervention
This part amends G.S. I08A-74, which is a statute that authorizesthe state to intervene in
county child welfare programs in certain circumstances. The amendments expand the scope of
the statute beyond child welfare and also provide additional mechanisms for oversight and
intervention.
Initial contracts(FY 2018-19 and Fy2O19-2O]
Beginning next fiscal year (2018-19), counties will need to enter into a contract with the State
that specifies (1) performance requirements and (2) administrative responsibilities. The
contract will govern all social services programs other than medical assistance, which will
include child welfare, adult protective services, public assistance, and child support
enforcement. DHHS may develop a standardized contract for all 100 counties or it may develop
contracts that are more tailored to the needs of individual counties.
The law does not include many details about the substance of the contract but it does require:
• When possible, the performance requirements must be "based upon standardized
metrics utilizing reliable data."
• The administrative responsibilities must address, at a minimum, staff training, data
submission, and communication with DHHS.
The agreement may also authorize DHHS to withhold State or federal funds in the event of
noncompliance.
Contracts F��Q��'��
beginning
Beginning in FY 2020-21, there are some changes to the contract specifications and the
consequences for noncompliance.
• The details described above are unchanged except that the performance requirements
required in the contract must be based on data in the Dashboard developed by the
contractor (see Part II, above) and other reliable data.
• If a department fails to comply with the contract or applicable law for 3 consecutive
months or for 5 months within any consecutive 12-nnonth period, DHHS and the
department must enter into a corrective action plan.
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• If the department fails to complete the corrective action plan, DHHS must direct the
regional office to temporarily assume all or part of the department's social services
administration. Prior to doing so, DHHS must provide 30 days' notice to the board of
county commissioners, department, county manager, and board of social services.
• Once DHHS determines that the department is able to meet performance requirements,
it must restore administrative responsibilities to the department. Prior to doing so, it
must provide notice to county officials.
DHHS is required to submit various reports over time to the General Assembly regarding the
contracts and corrective action.
Part IV. Regional Social Services Departments
As mentioned above, earlier versions of the legislation would have required a new system of
regional social services departments. The version that was enacted directs the Working Group
to broadly consider the idea of regionalization and also authorizes counties to create regional
departments on their own initiative beginning in March 2019. Some highlights about regional
departments:
• They may provide the full array of social services or limit the scope to one or more
selected programs or services. For example, a group of counties could decide to create a
regional department that focuses only on child support enforcement.
• They will be public authorities, which means they will be separate legal entities from the
county. They will have independent authority related to budgeting, contracting,
personnel, etc.
• Boards of county commissioners,together with the social services governing board, will
have the authority to decide whether to create or join a regional department. The board
or boards of county commissioners will have the exclusive authority to decide whether
to withdraw from or dissolve a regional department. Withdrawals and dissolutions may
be effective only at the end of a fiscal year.
• They must maintain a physical presence in each county.
• Participating counties are required to contribute financially to the regional department.
The Social Services Commission is required to adopt rules governing financial
contributions.
• They will have a governing board appointed by a combination of county commissioners,
the Social Services Commission, and the sitting members.
• They will have a director who has the same powers and duties as a county social
services director, as well as the authority to enter into contract.
The session law included several conforming amendments to other statutes to accommodate
the concept of a multi-county social services agency. One of the most significant changes was to
G.S. 7B-400(a), which was amended to provide that
(1) a proceeding may be commenced in the judicial district where the juvenile resides or
is present at the time the petition is filed and
Page 4—September 35, 2017
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(2) if a regional department includes more than one judicial district, the department
must file in the district where the child resides or was present when the report was
received.
Like the other provisions in this Part, this amendment is effective March 1, 2019.
Part V. Child Well-Being Transformation Council
Effective immediately,the state is required to establish a new 17-Member Child Well-Being
Transformation Council that must focus on improving coordination, collaboration, and
communication among agencies and organizations that provide public services to children.
Membership of the group is prescribed in the law and includes representatives from different
ublic and private stakeholders. The Legislative Services Commission will be responsible for
staffing the Council.
The Council is required to focus initially on
• identifying the relevant child-serving agencies and organizations;
• identifying problems with coordination, collaboration, and communication in child
welfare; and
• researching the role of entities like the Council in other states.
After March 1, 2020, the Council is charged with monitoring the reforms that will be underway,
identifying gaps in coordination, collaboration, and communication, and recommending
chan�esnecessaryturennedythe �aps.
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Other Provisions Unrelated to System Reform
• Part VI. Driver's License Pilot Project
• Part VII. Pilot Waiver for IAFT Foster Parents
• Part VIII. Termination of Parental Rights/Appeals
• Part IX. Reducing the Time Period for Foster Care Licensure.
• Part X. DSS Observation before Reunification (Rylan's Law)
Page 5—September 25, 2017
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