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HomeMy WebLinkAboutAgenda - 06-19-2018 6-d - Social Services Reform and Performance Memorandum of Understanding ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2018 Action Agenda Item No. 6-d SUBJECT: Social Services Reform and Performance Memorandum of Understanding DEPARTMENT: Social Services ATTACHMENT(S): Memorandum of Understanding INFORMATION CONTACT: Nancy Coston, 919-245-2802 Janet Sparks, 919-245-2178 PURPOSE: To receive an update on Social Services Reform and to consider approval of the Memorandum of Understanding (MOU) between Orange County and the North Carolina Department of Health and Human Services regarding performance expectations. BACKGROUND: In 2017, the North Carolina General Assembly approved Social Services Reform legislation (House Bill 630). The legislation contains many components including: • hire consulting firm to develop plans for reform; • establish workgroup to develop recommendations on creation of state regional offices; • develop plan for regionalization of local offices; and • implement performance agreements between local social service agencies and the state Department of Health and Human Services (DHHS). The outside consulting firm, the Center for the Support of Families, is conducting research in North Carolina and has visited Orange County. The Social Services Work Group, facilitated by the School of Government, has issued its first report on establishing state regional offices and is now working on local agency regionalization plans. The performance agreement section of the law becomes effective July 1, 2018, with an expectation that counties submit a signed MOU to DHHS by June 29, 2018. County directors and state staff have met numerous times to develop the performance measures and the language for the MOU. Although the measures in the MOU are not new, the law contained additional language to allow progressive actions if counties do not meet the goals. These are outlined in Attachment X of the MOU and include program improvements and corrective action plans. If counties have continued failures in performance after corrective action, the Secretary of DHHS may assume control of service delivery. County directors have expressed concerns about signing the MOU’s knowing that they cannot meet all the expectations. During the meeting, the DSS Director will provide information about any known actions by other counties related to signing these agreements. 1 These agreements apply to child welfare programs, adult protective services, adult guardianship services, child support and all public assistance programs except Medicaid. Although Medicaid is not included in the agreements, there is separate legislation with additional sanctions for any performance issues with Medicaid eligibility. Orange County Department of Social Services (DSS) has integrated Medicaid with other public assistance programs during the intake process so performance among these programs is interrelated. Although Orange County operates child support through a separate department under the County Manager’s supervision, those performance measures are also included in the MOU. Some of the discussion between DHHS and DSS has focused on the specific performance measures and also on the data currently available to counties to track performance. Many of the measures are based on the Child and Family Services Review (CFSR), federal reviews of performance in all states. All states have trouble meeting the goals in these reviews and state performance and issues are available online (https://www.acf.hhs.gov/cb/resource/cfsr-round3- findings-2015-2016). For example, one of the measures, 41% of foster children are discharged to permanency within 12 months of entering foster care, will be very difficult to achieve. The latest reviews of 24 states show that no state achieved substantial conformity with this outcome and North Carolina scored 34%. The difficulty in meeting some of the measures reflects the complexity of the cases in child welfare. A parent with a serious addiction issue is unlikely to immediately receive needed services to treat the addiction and is unlikely to make sufficient progress to safely return to parenting in twelve months. The majority of the families involved in child welfare have mental health and/or substance abuse issues. Often DSS does not control access to services and may have no way to expedite treatment for parents. There may also be difficulties meeting all the child support measures. In times of economic downturns, collections will be lower. For example, data from FY 2016-17 showed that 66 counties did not meet the collection goal. It is unlikely that Orange County or many other counties will be able to meet all the performance measures in this agreement. In recognition of the many factors involved, DHHS will be defining target goals for individual counties and will be helping to identify system and policy issues outside of local agency control. Hopefully this approach will allow for less emphasis on monitoring and sanctions and more focus on continuous improvement at both the state and county level. Both the Child Support office and DSS embrace opportunities to improve performance and increase positive impacts for vulnerable families in Orange County. During the next year, DSS will be engaging with the community for discussion and planning on how the community can improve its overall impact on families, particularly those most at risk for child abuse or neglect. FINANCIAL IMPACT: Although signing the MOU does not have an immediate financial impact, failure to make progress on performance measures could result in additional county costs. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY 2 The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. RECOMMENDATION(S): The Manager recommends that the Board authorize the County Manager and Social Services Director to sign the Memorandum of Understanding pursuant to North Carolina General Statute 108A-74 and to sign any related amendments to the Memorandum. 3 Page 1 of 20 MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2018 -19) BETWEEN THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ORANGE COUNTY A Written Agreement Pursuant to N.C. Gen. Stat. § 108A-74, an Act of the North Carolina General Assembly This Memorandum of Understanding (“MOU”) is made by and between the North Carolina Department of Health and Human Services, (hereinafter referred to as the “Department”) and Orange County a political subdivision of the State of North Carolina (hereinafter referred to as the “County”) to comply with the requirements of law, N.C. Gen. Stat. § 108A-74. The Department and the County may be referred to herein individually as a “Party” and collectively as the “Parties.” TERMS OF UNDERSTANDING In consideration of the mutual promises and agreements contained herein, as well as other good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the Parties agree to this MOU, effective July 1, 2018, in compliance with the mandates of law enacted by the North Carolina General Assembly and in recognition of possible amendments by the General Assembly, the Parties further agree to conform to changes made to the law, notwithstanding a contractual term previously agreed upon. 1.0 Parties to the MOU The only Parties to this MOU are the North Carolina Department of Health and Human Services and Orange County, a political subdivision of the State of North Carolina. 1.1 Relationships of the Parties Nothing contained herein shall in any way alter or change the relationship of the parties as defined under the laws of North Carolina. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Department and the County. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Department and County that any such person or entity, other than the Department or the County, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. Subcontracting: The County shall be responsible for the performance of all of its subcontractors. The County shall disclose the names of its subcontractors to the Department within thirty (30) days of the execution thereof. The County shall also provide additional information concerning its subcontractors as may be requested by the Department within thirty (30) days of the request. The County additionally agrees not to enter into any confidentiality agreement or provision with a subcontractor or other agent to provide services related to this MOU that would prevent or frustrate the disclosure of information to the Department. Subcontractors shall be defined under this MOU to mean any party the county enters into a contractual relationship with for the complete administration of one or more social services programs covered by this MOU. Temporary employees hired by the County shall not be considered subcontractors under this MOU. 4 Page 2 of 20 Assignment: No assignment of the County's obligations or the County's right to receive any funding made in any way concerning the matters covered by this MOU hereunder shall be permitted. 2.0 Terms of the MOU The term of this MOU shall be for a period of one year beginning July 1, 2018 and ending June 30, 2019. 2.1 Default and Modification Default: In the event the County fails to satisfy the mandated performance requirements as set forth in Attachments I through IX or fails to otherwise comply with the terms of this MOU, the Department may withhold State and/or federal funding. Any such withholding shall be in compliance with, and as allowed by, state and/or federal law. Performance Improvement/Corrective Action: Prior to the Department exercising its authority to withhold State and/or federal funding for a failure to satisfy the mandated performance requirements or failure to comply with the terms of this MOU, the steps set forth in Attachment X will govern. For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any actions set forth in Attachment X related to the mandated performance requirements until January 1, 2019. Nothing contained in this MOU or Attachment X shall supersede or limit the Secretary’s authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-74. Waiver of Default: Waiver by the Department of any default or breach in compliance with the terms of this MOU by the County shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this MOU unless stated to be such in writing, signed by an authorized representative of the Department and the County and attached to the MOU. Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Modification: The terms and conditions of this MOU may only be modified by written agreement of the Parties, signed by an authorized representative of the Parties. 3.0 MOU Documents The Recitals and the following attachments are incorporated herein by reference and are part of this MOU: (1) The portions hereof preceding the Terms of Understanding, including but not limited to the introductory paragraph and the Recitals, which are contractual as well as explanatory (2) The Terms of Understanding (3) Attachment I – Mandated Performance Requirements: Child Welfare – Child Protective Services (4) Attachment II – Mandated Performance Requirements: Foster Care (5) Attachment III – Mandated Performance Requirements: Child Support (6) Attachment IV – Mandated Performance Requirements: Energy 5 Page 3 of 20 (7) Attachment V – Mandated Performance Requirements: Work First (8) Attachment VI – Mandated Performance Requirements: Food and Nutrition Services (9) Attachment VII – Mandated Performance Requirements: Adult Protective Services (10) Attachment VIII – Mandated Performance Requirements: Special Assistance (11) Attachment IX – Mandated Performance Requirements: Child Care Subsidy (12) Attachment X – Corrective Action 4.0 Entire MOU This MOU and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements between the Parties. 5.0 Definitions While “County” is used as an abbreviation above, the following definitions, some of which are contained in N.C. Gen. Stat. § 108A-74(a), also apply to this MOU: (1) "County department of social services" also means the consolidated human services agency, whichever applies; (2) "County director of social services" also means the human services director, whichever applies; and (3) "County board of social services" also means the consolidated human services board, whichever applies. (4) "Child welfare services or program" means protective, foster care, and adoption services related to juveniles alleged to be abused, neglected, or dependent as required by Chapter 7B of the General Statutes. (5) "Social services programs” or “Social services programs other than medical assistance" means social services and public assistance programs established in Chapter 108A other than the medical assistance program (Part 6 of Article 2 of Chapter 108A). This includes, but is not limited to, child welfare programs, adult protective services, guardianship services for adults, and programs of public assistance established in Chapter 108A. It also includes the child support enforcement program, as established in Article 9 of Chapter 110 of the General Statutes, and the North Carolina Subsidized Child Care Program. To the extent that any term used herein is defined by a statute or rule applicable to the subject matter of this MOU, the statutory or rule definition shall control. For all remaining terms, which are not defined by statute or rule, those terms shall have their ordinary meaning. Should any further definition be needed, the Parties agree that the meanings shall be those contained in the current version (as of the time the dispute or question arises) of Black’s Law Dictionary, and if not defined therein, then of a published unabridged modern American English Language Dictionary published since the year 2000. 6.0 Audit Requirements The County shall furnish to the State Auditor, upon his/her request, all books, records, and other information that the State Auditor needs to fully account for the use and expenditure of state funds in accordance with N.C.G.S. § 147-64.7. Additionally, as the State funding authority, the Department of Health and Human Services shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions. 6 Page 4 of 20 7.0 Record Retention The County shall retain records at its own expense in accordance with applicable State and Federal laws, rules, and regulations. The County shall facilitate and monitor the compliance of its subcontractors with all applicable requirements of record retention and disposition. In order to protect documents and public records that may be the subject of Department litigation, the Department shall notify the County of the need to place a litigation hold on those documents. The Department will also notify the County of the release of the litigation hold. If there is no litigation hold in place, the documents may be destroyed, disposed of, or otherwise purged through the biannual Records Retention and Disposition Memorandum from the Department’s Controller’s Office. 8.0 Liabilities and Legal Obligations Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees, agents or representatives arising out of this MOU. Nothing contained herein is intended to alter or change the relationship of the parties as defined under the laws of the State of North Carolina. 9.0 Confidentiality Any medical records, personnel information or other items exempt from the NC Public Records Act or otherwise protected by law from disclosure given to the Department or to the County under this MOU shall be kept confidential and not divulged or made available to any individual or organization except as otherwise provided by law. The Parties shall comply with all applicable confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the administrative simplification rules codified at 45 Parts 160, 162, and 164, alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, and the Health Information Technology for Economics and Clinical Health Act (HITECH Act) adopted as part of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). 10.0 Secretary’s Authority Undiminished Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of the Department as the grantee of federal grant funds. The Parties understand and agree that nothing in this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the Secretary of the Department to perform any of the duties assigned to the Department or its Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds and their applicable laws and regulations or other federal laws and regulations regarding any federal funding which is used by the Department to reimburse the County for any of its duties under this MOU. 11.0 MOU does not Diminish Other Legal Obligations Notwithstanding anything to the contrary contained herein and to facilitate the mandated performance requirements of N.C. Gen. Stat. § 108A-74, the Parties acknowledge and agree that this MOU is not intended to supersede or limit, and shall not supersede or limit, the County’s obligations to comply with all applicable: 1) federal and state laws; 2) federal and state rules; and 3) policies, standards, and directions of the Department, as all such currently exist and may be amended, enacted, or established hereafter. 7 Page 5 of 20 12.0 Notice The persons named below shall be the persons to whom notices provided for in this MOU shall be given. Either Party may change the person to whom notice shall be given upon written notice to the other Party. Any notice required under this MOU will only be effective if actually delivered to the parties named below. Delivery by hand, by first class mail, or by email are authorized methods to send notices. For the Department of Health and Human Services, Division of Social Services IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Wayne Black, Director Wayne Black, Director Division of Social Services Division of Social Services 2401 Mail Service Center NC DHHS Raleigh, NC 27699-2401 Dorothea Dix Campus, McBryde Building Phone: 919-527-6338 Fax: 919-334-1018 Email wayne.black@dhhs.nc.gov For Orange County: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS 13.0 Responsibilities of the Department The Department hereby agrees that its responsibilities under this MOU are as follows: (1)The Department shall develop mandatory performance requirements for each social services program based upon standardized metrics utilizing reliable data. The mandated performance requirements are identified in Attachments I through IX. (2)The Department shall provide supervision, program monitoring and technical assistance to the counties in the administration of social services programs. (3)The Department shall provide leadership and coordination for developing strategies that address system-level barriers to the effective delivery of social services programs, including but not limited to: the Administrative Office of Courts, the LME/MCO, Department of Public Instruction, and the Department of Public Safety. (4)The Department shall have the following administrative responsibilities: a.Staff Training and Workforce Development: i.Develop training requirements for county personnel and provide guidance for adequate staffing patterns related to the provision of social services programs. The Department will publish annually, a list of required and recommended trainings for county personnel directly involved in the administration of social services programs covered under this MOU. Nancy Coston, Director Orange County Department of Social Services 113 Mayo Street Hillsborough, NC 27278 Nancy Coston, Director Orange County Department of Social Services Phone: 919-245-2800 Fax: 919-644-3005 Email: ncoston@orangecountync.gov 8 Page 6 of 20 ii. Develop training curricula and provide, timely, adequate access to statewide training opportunities for county personnel related to the provision of social services programs. Training opportunities may include in-person, self-guided, web-based and remotely facilitated programs. iii. The Department will publish a training calendar, at least quarterly, notifying the counties of training opportunities. iv. Provide timely written guidance related to new federal or state statutes or regulations. The Department will provide information in advance of the effective date of new policy to the extent possible, including interpretations and clarifications of existing policy. v. Provide technical assistance and training in areas where quality control, monitoring or data indicates a lack of correct application of law, rule or policy. b. Compliance Monitoring: i. Monitor and evaluate county compliance with applicable federal and state laws, rules and policies. ii. Provide feedback to counties with recommended changes when necessary. iii. Monitor that all financial resources related to the provision of social services programs covered by this MOU are utilized by the county in compliance with applicable federal and state laws. c. Data Submission: i. Maintain and review data submitted by counties pursuant to the mandatory performance requirements. ii. Provide counties with reliable data related to ther performance measurements as well as accuracy and timeliness of programs in accordance with state and federal program guidelines. This includes but is not limited to processing applications and recertification, quality control standards, program statistics and fiscal information. iii. The Department shall be responsible for the maintenance and functionality of its information systems utilized in the statewide administration of social services programs covered by this MOU. d. Communication: i. Provide counties with clarification or explanation of law, rule or policy governing social services programs when necessary or as requested. ii. Disseminate policy on social services programs and provide counties with timely information on any updates to policy. iii. Provide timely information to counties on any changes to federal law or policy made known to the Department. iv. Provide counties with a timely response to requests for technical assistance or guidance. v. Maintain all policies covering social services programs in a central, accessible location. Policies will be updated, to the extent possible, in advance of the effective date of any new policies or policy changes. vi. Provide counties with an opportunity to submit questions, concerns and feedback related to the administration of social services programs to the Department and provide County a timely response to such communication. vii. Communicate proactively with the County Director of Social Services on matters that effect social services programs covered under this MOU. viii. Communicate directly with the County Manager, Governing Boards, and the County Director of Social Services on matters including but not limited to, 9 Page 7 of 20 corrective action, and significant changes to law, rule and policy that impact the administration of social services programs covered by this MOU. e. Inter-agency Coordination: i. Provide guidance to counties in the event they are unable to reach a resolution on a conflict of interest that arises related to the provision of social services programs covered by this MOU. ii. Provide guidance for county DSS personnel on federal and state Emergency Management, mass shelter, Business Continuity Plan (BCP) and Continuity of Operations Plan (COOP) requirements. iii. Coordinate with and communicate to county DSS agencies regarding available and required training opportunities associated with DSS Mass Shelter, BCP and COOP responsibilities. iv. Assist and support counties as needed in implementation of operational functions of mass shelter operations and as needed during other emergencies as they arise. (5) The Department shall timely meet all of its responsibilities contained in this MOU. “Timely” shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, and policy. Where timeliness is not otherwise defined, “timely” shall mean within a reasonable time under the circumstances. 14.0 Responsibilities of the County The County hereby agrees that its responsibilities under this MOU are as follows: (1) The County shall adhere to the mandated performance requirements for each social services program as identified in Attachments I through IX. (2) The County shall comply with the following administrative responsibilities a. Staff Requirements and Workforce Development: i. The personnel, including new hires and existing staff, involved in the County’s provision of social services programs covered by this MOU shall complete all required and necessary training, which is documented as required by federal and state law and policy. b. Compliance: i. Perform activities related to its social services programs in compliance with all applicable federal and State laws, rules, regulations and policies. Nothing contained herein is intended to, nor has the effect of superseding or replacing state law, rules or policy related to social services programs. ii. Develop and implement internal controls over financial resources related to the County’s social services programs to ensure that all financial resources are used in compliance with applicable federal and state laws. iii. Provide and adhere to corrective action plans as required based on monitoring findings and the Single Audit. c. Data Submission: i. Maintain accurate, thorough records of all social services programs covered by this MOU, in particular, records related to the mandated performance requirements that can be accessed for the purpose of data collection, service provision, monitoring or consultation ii. Ensure reliable data entry into state systems utilized for the administration of social services programs covered under this MOU. 10 Page 8 of 20 iii. Provide, upon request, data to the state for the purpose of, but not limited to, conducting monitoring, case file reviews, error analysis and quality control. iv. Utilize data to understand the performance of their county and to conduct analysis and implement changes where needed if performance measures are not being met. d. Communication: i. Respond and provide related action in a timely manner to all communications received from the Department. ii. Provide timely information on all matters that have a potential negative impact on the social services programs they administer, including but not limited to, litigation risks (not including child welfare cases governed by Chapter 7B or adult services cases governed by Chapter 35A or 108A), network and computer issues, or data breaches. iii. Provide timely information regarding temporary or permanent changes to the Social Services Governing Board. or the County Social Services Director, including retirements, separations, or any leave of absences greater than two calendar weeks. e. Inter-agency Cooperation: i. Ensure that county social services personnel complete required training and are prepared to engage in Disaster Management, mass shelter, BCP and COOP operations. ii. Ensure that all plans and systems are in place to meet potential disaster (natural, technical, otherwise) response requirements. iii. Engage with DHHS, state Emergency Management and local leadership in associated efforts. iv. Assist or operate mass shelter operations or other required disaster management responsibilities. (3) The County shall timely meet all its responsibilities contained in this MOU. “Timely” shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, policy or as otherwise required by the Department. If timeliness is not otherwise defined, “timely” shall mean within a reasonable time under the circumstances. 15.0 Data Security and Reporting Data Security: The County shall adopt and apply data privacy and security requirements to comply with all applicable federal, state, department and local laws, regulations, and rules. To the extent that the Department and the county have already entered into one or more data privacy agreements covering all or any portion of the work to be performed under this MOU, the Parties hereby adopt and incorporate such agreements by reference into this MOU as if fully set forth herein. Duty to Report: The County shall report all privacy and security incidents related to the provision of social services programs covered by the MOU to the Department and the Privacy and Security Office within twenty-four (24) hours after the privacy and security incident is first discovered, provided that the County shall report a breach involving Social Security Administration data or Internal Revenue Service data within one (1) hour after the incident is first discovered. During the performance of this MOU, the County is to notify the Department of any contact by the federal Office for Civil Rights (OCR) received by the County related to the provision of social services programs covered by the MOU. In case of a privacy and security 11 Page 9 of 20 incident, the County, including any subcontractors or agents it retains, shall fully cooperate with the Department. 16.0 Miscellaneous Choice of Law: The validity of this MOU and any of its terms or provisions, as well as the rights and duties of the parties to this MOU, are governed by the laws of North Carolina. The Parties, by signing this MOU, agree and submit, solely for matters concerning this MOU, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this MOU and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This MOU may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Department and the County. The Parties agree to obtain any necessary approvals, if any, for any amendment prior to such amendment becoming effective. Also, the Parties agree that legislative changes to state law shall amend this MOU by operation of law to the extent affected thereby. Effective Date: This MOU shall become effective July 1, 2018 and shall continue in effect until June 30, 2019. Signature Warranty: Each individual signing below warrants that he or she is duly authorized by the party to sign this MOU and to bind the party to the terms and conditions of this MOU. Orange County BY: _______________________________ Name TITLE: ______________________________ DATE: ______________________________ BY: _______________________________ Name TITLE: ______________________________ DATE: ______________________________ Witness: ____________________________ Witness:______________________________ North Carolina Department of Health and Human Services BY: ______________________________________ Secretary, Department of Health and Human Services DATE: _____________________________________ 12 Page 10 of 20 ATTACHMENT I — MANDATED PERFORMANCE REQUIREMENTS: Child Welfare - CPS Assessments Performance Measure Authority for the performance measure 1 The County will initiate 95% of all screened-in reports within required time frames NC General statute 7B.302; 10A NCAC 70A .0105; Chapter VIII: Child Protective Services, Section 1408 - Investigative & Family Assessments 2 For all children who were victims of maltreatment during a twelve month period, no more than 9% received a subsequent finding of maltreatment CFSR; Safety Outcome 1: Children are, first and foremost, protected from abuse and neglect. 13 Page 11 of 20 ATTACHMENT II— MANDATED PERFORMANCE REQUIREMENTS: Child Welfare - Foster Care Performance Measure Authority for the performance measure 1 The County will document permanency goals for 95% of foster youth within 60 days of a child entering custody or for whom the county has placement authority. 1201 Child Placement Services - Chapter VIII Case Reviews: B-Required Time Frames for Case Reviews 2 The County will ensure that 95% of all foster youth have face-to-face visits by the social worker each month. 1201, Chapter V., Out of Home Placement Family Services Improvement Act of 2006 (Public Law 109–288) Title IV B The below system performance measures require county and state level system collaboration and improvements to successfully meet targets. System Performance Measure Authority for the system performance measure 1 The County will provide leadership for ensuring that 41% of children who enter foster care in a 12-month period are discharged to permanency within 12 months of entering foster care. DHHS will work with each county to identify growth targets. CFSR: Permanency Outcome 1: Children have permanency and stability in their living situations. 2 The County will provide leadership for ensuring that of children who enter foster care in a 12-month period who were discharged within 12 months to reunification, kinship care, guardianship, or adoption, no more than 8.3% re-enter foster care within 12 months of their discharge. DHHS will work with each county to identify growth targets. CFSR: Safety Outcome 1: Children are, first and foremost protected from abuse and neglect 3 The County will provide leadership for ensuring that of all children who enter foster care in a 12-month period in the county, the rate of placement moves per 1000 days of foster care will not exceed 4.1%. DHHS will work with each county to identify growth targets. 1201 Child Placement Services - Chapter IV Placement Decision Making: C-Maintaining One Single Stable Foster Care Placement CFSR: Permanency Outcome 1: Children have permanency and stability in their living situations. 14 Page 12 of 20 ATTACHMENT III— MANDATED PERFORMANCE REQUIREMENTS: Child Support Performance Measure Authority for the performance measure 1 The county will achieve its given annual percentage of paternities established for children born out of wedlock. Section 342. "FEDERAL AND STATE REVIEWS AND AUDITS," of PRWORA, Section 454 of Title IV-D of the Social Security Act; 42 U.S.C. 658a. P.L. 105-200 NCGS 110- 129.1 Chapter B, Topic 09, Section B - Incentives Overview, Section C - Performance Factors and Incentives 2 The county will achieve its given annual percentage of child support cases that are under an order. Section 342. "FEDERAL AND STATE REVIEWS AND AUDITS," of PRWORA, Section 454 of Title IV-D of the Social Security Act; 42 U.S.C. 658a. P.L. 105-200 NCGS 110- 129.1 Chapter B, Topic 09, Section B - Incentives Overview, Section C - Performance Factors and Incentives 3 The county will achieve its given annual percentage of current child support paid. Section 342. "FEDERAL AND STATE REVIEWS AND AUDITS," of PRWORA, Section 454 of Title IV-D of the Social Security Act; 42 U.S.C. 658a. P.L. 105-200 NCGS 110- 129.1 Chapter B, Topic 09, Section B - Incentives Overview, Section C - Performance Factors and Incentives 4 The county will achieve its given annual percentage of cases that received a payment towards arrears. Section 342. "FEDERAL AND STATE REVIEWS AND AUDITS," of PRWORA, Section 454 of Title IV-D of the Social Security Act; 42 U.S.C. 658a. P.L. 105-200 NCGS 110- 129.1 Chapter B, Topic 09, Section B - Incentives Overview, Section C - Performance Factors and Incentives 5 The county will meet its annual goal of total child support collections. Section 342. "FEDERAL AND STATE REVIEWS AND AUDITS," of PRWORA, Section 454 of Title IV-D of the Social Security Act; 42 U.S.C. 658a. P.L. 105-200 NCGS 110- 129.1 Chapter B, Topic 09, Section B - Incentives Overview, Section C - Performance Factors and Incentives 15 Page 13 of 20 ATTACHMENT IV— MANDATED PERFORMANCE REQUIREMENTS: Energy Programs Performance Measure Authority for the performance measure 1 The County will process 95% of Crisis Intervention Program (CIP) applications within one (1) business day for applicants with no heat or cooling source. Energy Program Manual Section 400.03 d Federal Requirement 42 USC8621-8630 NC State Rule 10A N.C.A.C ch. 71V 2 The County will process 95% of Crisis Intervention Program (CIP) applications within two (2) business days of the application date for applicants who have a heat or cooling source. NC Energy Programs Manual Section 400.03 A.2.d. Federal Requirement 42 USC8621 -8630 NC State Rules 10A N.C.A.C ch. 71V 16 Page 14 of 20 ATTACHMENT V— MANDATED PERFORMANCE REQUIREMENTS: Work First Performance Measure Authority for the performance measure 1 The County will collect documentation from 50% of all Work-Eligible individuals that demonstrates completion of the required number of hours of federally countable work activities. Work First Manual Section 001 Manual Section 003 TANF State Plan FFY 2016 - 2019 NC GS 108A-27.2(10) NC GS 108A-27.6(1) NC GS 108A-27.13(a) NC GS 108A-27.14(a) NC GS 108A-27.14(b) 2 The County will collect documentation from 90% of two-parent families with Work Eligible individuals that verifies that the they have completed the required number of hours of federally countable work activities. Work First Manual Section 001 Work First Manual Section 003 TANF State Plan FFY 2016 - 2019 NC GS 108A-27.2(10) NC GS 108A-27.6(1) NC GS 108A-27.13(a) NC GS 108A-27.14(a) NC GS 108A-27.14(b) 3 The County will process 100% Work First applications within 45 days of receipt. Work First Manual Section 104 TANF State Plan FFY 2016 - 2019 NC GS 108A-31 4 The County will process 100% Work First recertifications no later than the last day of the current recertification period. Work First Manual Section 104 TANF State Plan FFY 2016 - 2019 NC GS 108A-31 17 Page 15 of 20 ATTACHMENT VI— MANDATED PERFORMANCE REQUIREMENTS: Food and Nutrition Services Performance Measure Authority for the performance measure 1 The County will process 95% of expedited FNS applications within 4 calendar days from the date of application. FNS Manual Section 315 FNS_AL_1-2015 Federal Requirement 7 CFR 273.2 2 The County will process 95% of regular FNS applications within 25 days from the date of application. FNS Manual Section 315 FNS_AL_1-2015 Federal Requirement 7 CFR 273.2 3 The County will ensure that 95% of FNS recertifications are processed on time, each month. FNS Manual Section 425 Federal requirement 7 CFR 273.2 4 The County will ensure that 100% of Program Integrity claims are established within 180 days of the date of discovery. FNS Manual Section 800 Federal Requirement 7 CFR 273.18 18 Page 16 of 20 ATTACHMENT VII— MANDATED PERFORMANCE REQUIREMENTS: Adult Protective Services (APS) Performance Measure Authority for the performance measure 1 The County will complete 95% of APS evaluations involving allegations of abuse or neglect within 30 days of the report. NCGS § 108A-103 (d) (4) 2 The County will complete 85% of APS evaluations involving allegations of exploitation within 45 days of the report. NCGS § 108A-103 (d) (4) 19 Page 17 of 20 ATTACHMENT VIII— MANDATED PERFORMANCE REQUIREMENTS: Special Assistance (SA) Performance Measure Authority for the performance measure 1 The County will process 85% of Special Assistance for the Aged (SAA) applications within 45 calendar days of the application date. 10A NCAC 71P .0604; SA Policy 3110 II. D. 2. 2 The County will process 85% of Special Assistance for the Disabled (SAD) applications within 60 calendar days of the application date. 10A NCAC 71P .0604; SA Policy 3110 II. D. 2. 20 Page 18 of 20 ATTACHMENT IX— MANDATED PERFORMANCE REQUIREMENTS: Child Care Subsidy Performance Measure Authority for the performance measure 1 The County will process 95% of Child Care Subsidy applications within 30 calendar days of the application date. North Carolina Subsidized Child Care Assistance policy 21 Page 19 of 20 ATTACHMENT X— CORRECTIVE ACTION The following steps for corrective action covering this MOU do not impact or change any Program Improvement Plan or Corrective Action Plan between the Department and a County or County Department of Social Services that is in effect as of July 1, 2018. Further, the Department will not take any action towards developing a Performance Improvement Plan or Corrective Action Plan related to the performance requirements contained within this MOU for a County or County Department of Social Services until January 1, 2019. 1. Non-Compliance with performance requirements or terms of the MOU a. In the event a County Department of Social Services (County DSS)** fails to satisfy a performance requirement for three consecutive months or fails to comply with a term of this MOU, the Department will provide the County DSS with written notification identifying the relevant performance requirement or term and how the County DSS failed to satisfy it. b. Upon receipt of notification, the County DSS shall promptly provide the Department with written acknowledgment of receipt. c. If the County DSS does not agree that it failed to satisfy the performance requirement or comply with the terms of the MOU, it shall set forth, in writing, the basis for its disagreement. If the County DSS believes its failure to adhere to a mandated performance requirement or term of this MOU is due in whole or in part upon the failure of the Department to meet any of its responsibilities under this MOU or other external factors (i.e., limited court dates, continuances, etc.), the County DSS shall set forth in writing how the failure of the Department or external factors to meet its responsibility to the County DSS contributed to the inability of the County DSS to meet the mandated performance standard or other term of this MOU. This notice shall be received by the Department, along with all supporting documentation, within 10 business days of the County DSS’ receipt of the Department’s written notification of non-compliance. d. If written notice is received in accordance with subsection (c) of this section, the Department will provide the appropriate division director with the all documentation received. Following a review of all documentation, the division director will provide the county with a decision to proceed in developing the performance improvement plan or to rescind the notice of non-compliance. 2. Performance Improvement Plan a. The County DSS and Department shall work together to develop a performance improvement plan to address the non-compliance. The Parties will consider and address the County DSS’s written disagreement with the identified non-compliance, if any, in the development of the performance improvement plan. b. The performance improvement plan shall include, at a minimum: i. The role and responsibility of DHHS in providing support to the County DSS to address the non-compliance. ii. The specific actions the County DSS will take to address the non-compliance and ensure ongoing compliance. 22 Page 20 of 20 c. The performance improvement plan shall be signed by the Department and the County DSS Director. A copy of the performance improvement plan will be sent to the chair of the DSS Governing Board. 3. Continued Non-Compliance a. In the event a County DSS continues to fail to satisfy a performance requirement or comply with the terms of the MOU for an extended period of time and is not meeting the terms of the performance improvement plan, the County DSS and the Department will enter into a corrective action plan, not to exceed a period of twelve months. An extended period of time is defined as three consecutive months, or five months out of a twelve-month period measured beginning with the first month after which the performance improvement plan is signed. b. The corrective action plan shall include, at a minimum: i. A strategy to ensure regular supervisory oversight of the social services program at issue; ii. A detailed strategy to ensure the issue central to the non-compliance is addressed and corrected; iii. A strategy to ensure program and case documentation is both sufficient and completed within time frames prescribed by law, rule or policy; and iv. A plan for the continuous review of the corrective activities by both the County Director of Social Services, the County DSS Governing Board, and the Department. c. The corrective action plan will be signed by the Department and the County DSS Director. A copy of the corrective action plan will be sent to the Chair of the DSS Governing Board, the County Manager, and the Chair of the Board of County Commissioners. 4. Failure to Complete Corrective Action Plan/Urgent Circumstances a. In the event a County DSS fails to complete the corrective action plan or otherwise fails to comply with the terms of the corrective action plan, the Department may exercise its authority under the law, and this MOU, to withhold federal and/or state funding. b. In circumstances of continuous extended non-compliance or other urgent circumstances, the Secretary may also exercise her statutory authority to assume control of service delivery in the County pursuant to N.C.G.S. 108A-74. ** In the event the performance requirement or term of the MOU falls outside of the authority of the County DSS, the notification of non-compliance will be sent to the County, and all subsequent steps contained herein shall be followed by the County. 23