HomeMy WebLinkAbout2019-607 DSS - NC DHHS MOU for support services VA STATE,
NC DEPARTMENT OF
ROY COOPER • Governor
HEALTH AND MANDY COHEN, MD, MPH • Secretary
° HUMAN SERVICES
_ Division of Social Services SUSAN G. OSBORNE - Assistant Secretary for County Operations
May 30, 2019
Bonnie Hammersley
Orange County Department of Social Services
PO Box 8181
Hillsborough, NC 27278
Nancy Coston
Orange County Department of Social Services
PO Box 8181
Hillsborough, NC 27278
Dear County Manager and County Social Services Director:
Enclosed is the fully executed Memorandum of Understanding for SFY 2019-2020
between DHHS and Orange County as required in Session Law 2017-41. We
appreciate the attention your county has already given to this body of work and timely
execution of this agreement.
Thank you for your ongoing partnership with us in Serving North Carolina's citizens with
critical support services. If you have any questions, please contact Susan Osborne, at
919-527-6336 or email susan.osborne(@.dhhs.nc.gov.
Sincerely,
,Swo,o Z. wt�4�
Susan G. Osborne
NC DEPARTMENT OF HEALTH AND HUMAN SERVICES • DIVISION OF SOCIAL SERVICES
LOCATION:820 S. Boylan Avenue,McBryde Building,Raleigh, NC 27603
MAILING ADDRESS:2461 Mail Service Center, Raleigh,NC 27699-2401
www.ncdhhs.gov • TEL:919-527-6335 • FAX 919-334-1018
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2019-20) 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 maybe 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, 2019, 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 small 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
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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.
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 MOLL
The term of this MOU shall be for a period of one year beginning July 1, 2019 and ending June
30, 2020.
2.1 Default and Modification
Default: In the event the County fails to satisfy the mandated performance requirements as set
forth in Attachment I< 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 set forth in Attachment I or failure to comply with the terms of this MOU, the steps
set forth in Attachment H will govern. For this MOU covering Fiscal Year 2019-2020, the
Department will not initiate any actions set forth in Attachment I1. for a county's performance
related to the performance requirements set forth in Attachment III. Nothing contained in this
MOU shall supersede or limit the Secretary's authority to take any action otherwise set forth in
N.C. Gen. 5tat. § I08A-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.
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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:
a. I-A: Child Support
b. I-B: Energy
c. I-C: Work First
d. I-D: Food and Nutrition Services
(4) Attachment II—Corrective Action
(5) Attachment III---Performance Requirements:
a. III-A: Child Welfare—Child Protective Services
b. III-B- Foster Care
c. III-C. Work First
d. III-D: Adult Protective Services
e. III-E: Special Assistance
f. III-F: Child Care Subsidy
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
Page 3 of 25
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 terns 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.
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, persomiel 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
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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.
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
Susan Osborne,Assistant Secretary Susan Osborne
NC DHI-IS NC DHHS
2401 Mail Service Center Doretha Dix Campus, McBryde Building
Raleigh, NC 27699-2401 Phone: 919-527-6338
E-mail: Susan.Osbomc@dhhs.ne.gov
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For Orange County
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Nancy Coston,Director Nancy Coston, Director
Orange County DSS 113 Mayo Street
P.0. Box 8181 Hillsborough,NC 27278
Hillsborough,NC 27278
13.0 Responsibilities of the Department
The Department hereby agrees that its responsibilities under this MOU are as follows:
(1) The Department shall develop performance requirements for each social services
program based upon standardized metrics utilizing reliable data. The performance
requirements are identified in Attachments I and II.
(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 LMEIMCO,
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:
L 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.
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.
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A. 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 their perfomance
requirements 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:
t Provide counties with clarification or explanation of law,rule or policy
governing social services programs when necessary or as requested.
iL 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.
vL 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.
viiL Communicate directly with the County Manager, Governing Boards, and
the County Director of Social Services on matters including but notlimited
to, 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.
iL 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.
Page 7 of 25
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 Attachment 1. For a County Performance Measure
identified in Attachment III, the County will work towards achieving performance higher
than the County"s performance in the previous fiscal year.The County will ultimately work
towards achievement of the Standard Measure for all performance requirements set forth
in Attachments I and III.
(2) The County shalt 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.
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.
Page 8 of 25
d. Communication:
i. Respond and provide related action in a timely manner to all
communications received from the Department,
ii. Provide timely information an 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 incident, the County, including
any subcontractors or agents it retains, shall fully cooperate with the Department.
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l GA Miscellaneous
Choice of Law; The validity of this MOU and any of its terms or provisions, as well as the rights
and dutics 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 blase 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, ir7terpretation, 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 autborized representatives of the Depariment 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, 2019 and shall continue in effect until
June 30, 2020.
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 M011
Orange County
BY: BY:
Na �e Name
TITLE: [�S SI�l� TITLE: `► h�r
DATE: -- --... DATE, f S
r`
BY:
Secretary,b6partmenf of Health and Human Services
DATE:
Page 10 of 25
ATTACHMENT I
MANDATED PERFORMANCE REQUIREMENTS
I-A: CHILD SUPPORT
I-B: ENERGY
I-C: WORK FIRST
I-D: FOOD AND NUTRITION SERVICES
The Standard Measure is the measure set forth in federal or state law,rule or policy that
governs the particular program. This is the Measure that all counties are ultimately aiming to
achieve.
The County Performance Measure is the measure that the County is required to achieve to be
in compliance with this MOU. For some programs,the County's Performance Measure will be
the same as the Standard Measure. For other programs,the County's Performance Measure may
be greater or less than the Standard Measure,dependent upon previous year's performance.
The Report of Performance is the period of time in which a County's performance on a
particular performance requirement is measured and reported.
Page 11 of 25
ATTACHMENT I-A
MANDATED PERFORMANCE REQUIREMENTS:
Child Support
Standard County Performance Rationale and Authority Report of
Measure Measure Performance
1 80%of The County will Paternity establishment is an essential
paternities achieve its given component in obtaining and enforcing
established or annual percentage of support orders for children. Annual
acknowledged paternities established
for children born for children born out 42 USC § 652(g)(1)(A)
out of wedlock, of wedlock. 42 USC § 658a(b)(6)(A)
NCGS 110- 129.1
2 80%of child The County will A court order creates a legal obligation
support cases achieve its given for a noncustodial parent to provide
have a court annual percentage of financial support to their children.
order child support cases Annual
establishing that are under an 42 USC §652(g)(1)(A)
support order. 42 USC §658a(b)(6)(B)
obligations. NCGS 110- 129.1
3 80%of current The County will The current collections rate is an
child support achieve its given indicator for the regular and timely
paid, annual percentage of payment of child support obligations.
current child support Annual
paid. '42 USC § 652(g)(1)(A)
42 USC § 658a(b)(6)(C)
NCGS 110- 129.1
4 80%of cases The County will Collection of child support has been
received a achieve its given shown to reduce child poverty rates and
payment towards annual percentage of improve child well-being.
arrears. cases that received a Annual
payment towards 42 USC § 652(g)(1)(A)
arrears. 42 USC § 658a(b)(6)(D)
NCGS 110- 129.1
5 The county will The County will meet Measuring total child support collections is
meet its annual its annual goal of total an important measure of the program
goal of total child support because it encompasses the strength of the
child support collections. laws,practices,and fiscal effort to Annual
collections, determine its effectiveness.
42 USC§ 652(g)(1)(A)
42 USC § 658a(b)(6)(E)
NCGS 110-129.1
Page 12 of 25
ATTACHMENT I-B
MANDATED PERFORMANCE REQUIREMENTS:
Energy Programs
County Performance Report of
Standard Messare Measure Rationale and Authority Performance
1 The County will process The County will
95%of Crisis process 95%of Crisis Ensure that eligible
Intervention Program Intervention Program individuals in a household Monthly
(CIP)applications within (CIP) applications without a heating or
one (1) business day for within one(1) cooling source receive
applicants with no heat business day for relief as soon as possible.
or cooling source. applicants with no
heat or cooling source. 42 USC §§ 9621-8630
1 QA NCAC 71 V
2 The County will process The County will Ensure that eligible
95% of Crisis process 95% of Crisis households who are in
Intervention Program Intervention Program danger of losing a heating
(CIP) applications within (CTP) applications or cooling source receive Monthly
two (2) business days of within two (2) financial assistance to avert
the application date for business days of the the crisis.
applicants who have a application date for
heat or cooling source. applicants who have a 42 USC §§ 8621-8630
heat or cooling source. 1 DA NCAC 71 V
Page 13 of 25
ATTACHMENT I-C
MANDATED PERFORMANCE REQUIREMENTS:
Work First
Standard Measure County Performance Rationale and Authority Report of
Measure Performance
1 The County will The County will process Ensure that eligible families
process 95% 95% Work First receive Work First benefits in
Work First applications within 45 a timely manner. Monthly
applications days of receipt.
within 45 days of TANF State Plan FFY 2016 -
receipt. 2019
NCGS 108A-31
2 The County wi I I The County will process Ensure that Work First
process 95% 95% Work First families continue to receive
Work First recertifications no later assistance and benefits
recertif cations no than the last day of the without unnecessary Monthly
later than the last current recertification interruption.
day of the current period.
recertification TANF State Plan FFY 2016 -
period. 2019
NCGS 108A-31
Page 14 of 25
ATTACHMENT I-D
MANDATED PERFORMANCE REQUIREMENTS:
Food and Nutrition Services
Standard Measure County Performance Rationale and Authority Report of
Measure Performance
1 The County will The County will Ensure all expedited FNS
process 95% of process 95%of applications are processed within
expedited FNS expedited FNS required timeframes. Monthly
applications within applications within 4
4 calendar days calendar days from the 7 CFR§ 273.2
from the date of date of application. FNS Manual: Section 315
application. FNS Administrative Letter 1-
2015
2 The County will The County will Ensure all regular FNS
process 95%of process 95%of regular applications are processed within
regular FNS FNS applications required tirneframes.
applications within within 25 days from the Monthly
25 days from the date of application. 7 CFR § 273.2
date of application. FNS Manual: Section 315
FNS Administrative Letterl-
2015
3 The County will The County will ensure Ensure that eligible families
ensure that 95%of that 95%of FNS have their recertification benefits
FNS recertifications recertifications are processed in a timely manner Monthly
are processed on processed on time,each without intcrruption.
time, each month. month.
7 CFR § 273.14
The County will The County will ensure Ensure allegations of fraud are
ensure that 90%of that 90%of Program addressed promptly.
Program Integrity Integrity claims are
claims are established within 180 7 CFR § 273.18 Monthly
established within days of the date of
180 days of the date discovery.
of discovery.
Page 15 of 25
ATTACHMENT 1I
CORRECTIVE ACTION
For this MOU covering Fiscal Year 2019-2020, the Department will not initiate any actions set
forth in this Attachment related to a County's compliance with the performance requirements set
forth in Attachment III.
1. Non-Compliance with mandated performance requirements or terms of the MOU
a. In the event a County Department of Social Services (County DSS)** fails to
satisfy a mandated performance requirement set forth in Attachment I for three
consecutive months or five months in a 12-month period,or for two consecutive
12-month periods for those requirements that are measured annually, or fails to
otherwise comply with a term of this MOU, the Department will provide the
County DSS with written notification identifying the relevant mandated
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 mandated
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_ hollowing a review of all documentation,the division
director will provide the county with a decision to proceed in developing a joint
corrective action plan or to rescind the notice of non-compliance.
2. Joint Corrective Action Plan
a. The County DSS and Department shall work together to develop a joint corrective
action 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 joint plan.
b. The joint corrective action 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.
Page 16 of 25
ii. A detailed strategy with specific actions the County DSS will take to
address the non-compliance and ensure ongoing compliance.
iii. A strategy to ensure regular supervisory oversight of the social services
program at issue.,
iv. A strategy to ensure program and case documentation is both sufficient
and completed within time frames prescribed by law,rule or policy;
v. The performance requirements for the County that constitute successful
completion of the corrective action plan;
vi. 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.; and
vii. An acknowledgement that failure to successfully complete the corrective
action plan shall result in temporary assumption of all or part of the
County's administration of its social services programs.
c. The duration of the joint corrective action plan shall not exceed 12-months. If the
County demonstrates it is making progress under the joint corrective action plan,
the Department may extend the duration of the plan for one additional period of 6
months.
d, The joint corrective action plan shall be signed by the Department and the County
DSS Director. A copy of the joint 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.
3. Failure to Complete Corrective Action Plan[Urgent Circumstances
a. In the event a County DSS fails to complete the joint corrective action plan or
otherwise fails to comply with the terms of the joint corrective action plan, the
Department may exercise its authority under the taw to assume all or part of the
County's social services programs.
b. 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.
c. In certain 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.
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ATTACHMENT III
PERFORMANCE REQUIREMENTS:
III-A: CHILD WELFARE—CHILD PROTECTIVE SERVICES
III-B: CHILD WELFARE—FOSTER CARE
III-C: WORK FIRST
III-D: ADULT PROTECTIVE SERVICES
III-E: SPECIAL ASSISTANCE
III-F: CHILD CARE SUBSIDY
The Standard Measure is the measure set forth in federal or state law, rule or policy that
governs the particular program. This is the Measure that all counties are ultimately aiming to
achieve.
The Coun JX Performance Measure is the measure that the County is required to achieve to be
in compliance with this MOU. For some programs, the County's Performance Measure will be
the same as the Standard Measure. For other programs, the County's Performance Measure may
be greater or less than the Standard Measure, dependent upon previous year's performance.
The Report gf Performance is the period of time in which a County's performance on a
particular performance requirement is measured and reported.
The Performance Requirements contained in this Attachment are not subject to the
corrective action process set forth in Attachment II.
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ATTACHMENT III-A
PERFORMANCE REQUIREMENTS:
Child Welfare—Child Protective Services
Standard County Performance Rationale and Authority Report of
Measure Measure Performance
I The County will DHHS will work with Ensure that allegations of amuse,
initiate 95%of the county to identify neglect and dependency are
all screened-in the County's initiated timely. The timeframes
reports within performance measure for initiating an investigation of
required time for FY 20-21 based child maltreatment are defined in
frames on the County's state law as,immediately, within
performance for the 24 hours, or within 72 hours Monthly
preceding state fiscai depending on the nature and
year severity of the alleged
maltreatment.
NC General Statutes § 713-302;
10A NCAC 70A .0105;
NCDHHS Family Services
Manual: Vol. 1, Chapter VIII:
Child Protective Services,
Section 1408 - Investigative&
Famil Assessments
2 For all children DHHS will work with Ensure that children who have
who were the county to identify been substantiated as abused,
victims of the County's neglected or dependent are
maltreatment performance measure protected from further harm.
during a twelve- for FY 20-21 based
month period, no on the County's National Standards for State Monthly
more than 9.1% performance for the Performance on Statewide Data
received a preceding state fiscal Indicators established by the
subsequent year Children's Bureau to determine
finding of conformity with Title IV-B and
maltreatment IV-E of the Social Security Act
and the Child and Family
Services Review.
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ATTACHMENT III-B
PERFORMANCE REQUIREMENTS:
Child Welfare- Foster Care
Standard County Performance Rationale and Authority Report of
Measure Measure Performance
I The County will DHHS will work with the Ensure the ongoing safety of children
ensure that 95%of county to identify the County's and the engagement and well-being of
all foster youth performance measure for FY families.
have face-to-face 20-21 based on the County's
visits by the social performance for the preceding Child and Family Services Monthly
worker each state fiscal year Improvement Act of 2006(Public
Monti). Law 109-288,section 7)amending
Section 422(b)of the Social Security
Act(42 USC 622(b))
2 The County will DHHS will work with the Ensure that children in out-of-home
provide leadership county to identify the County's placements are able to obtain safe and
for ensuring that performance measure for FY permanent homes as soon as possible
40.5%of children 20-21 based on the County's after removal from their home.
who enter foster performance for the preceding
care in a 12-month state fiscal year National Standards for State Monthly
period are Performance on Statewide Data
discharged to Indicators established by the
permanency Children's Bureau to determine
within 12 months conformity with Title IV-B and IV-E
of entering foster of the Social Security Act and the
care. Child and Family Services Review.
3 The County will DHHS will work with the Ensure that children existing foster
provide leadership county to identify the County's care are in stable homes so that they
for ensuring that performance measure for FY do not re-enter foster care,
of children who 20-21 based on the County's
enter foster care in performance for the preceding CFSR; Safety Outcome 1: Children
a 12-month period state fiscal year are,first and foremost protected from Monthly
who were abuse and neglect.
discharged within
12 months to National Standards for State
reunification, Performance on Statewide Data
kinship care, or Indicators established by the
guardianship, no Children's Bureau to determine
more than 8.3% conformity with Title IV-B and IV-E
re-enter foster care of the Social Security Act and the
within 12 months Child and Family Services Review.
of their discharge.
4 The County will DHHS will work with the Ensure that children who are removed
provide leadership county to identify the County's from their homes experience stability
for ensuring that performance measure for FY while they are in foster care.
of all children who 20-2 t based on the County's
enter foster care in performance for the preceding
a 12-month period state fiscal year
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in the county,the CCSR: Permanency Outcome 1:
rate of placement Children have pennanency and Monthly
moves per 1000 stability in their living situations.
days of foster care
will not exceed National Standards for State
4.1%. Performance on Statewide Data
Indicators established by the
Children's Bureau to determine
conformity with Title IV-B and iV-E
of the Social Security Act and the
Child and Family Services Review.
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ATTACHMENT III-C
PERFORMANCE REQUIREMENTS:
Work First
Standard Measure County Performance Rationale and Authority Report of
Measure Performance
1 The County will DHHS will work Ensure that all work-
collect with the county to eligible individuals are
documentation from identify the County's engaged in federally
50% of all Work- performance measure countable work activities.
Eligible individuals for FY 20-21 based
that demonstrates on the County's TANF State Plan FFY 2016
completion of the performance for the -2019 Monthly
required number of preceding state fiscal NCGS 108A-27,2(10)
hours of federally year NCGS 108A-27.6(1)
countable work NCGS 108A-27.13(a)
activities. NCGS 108A-27.14(a)-(b
2 The County will DHHS will work Ensure all work-eligible
collect with the county to two-parent families are
documentation from identify the County's engaged in federally
90% of two-parent performance measure countable work activities
families with Work for FY 20-21 based for the required number of
Eligible individuals on the County's participation hours.
that verifies that the performance for the
they have completed preceding state fiscal TANF State Plan FFY 2016 Monthly
the required number year - 2019
of hours of federally NCGS 108A-27.2(10)
countable work NCGS 108A-27.6(1)
activities. NCGS 108A-27.13(a)
NCGS 108A-27.14(a)-(b)
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ATTACHMENT III-D
PERFORMANCE REQUIREMENTS:
Adult Protective Services (APS)
Standard County Performance Rationale and Authority Report of
Measure Measure Performance
1 The County will DHHS will work with the Responding quickly to
complete 95%of county to identify the allegations of adult
APS evaluations County's performance maltreatment is essential
involving measure for FY 20-21 to case decision-making to
allegations of based on the County's protect the adult. State law
abuse or neglect performance for the requires that a prompt and
within 30 days preceding state fiscal thorough evaluation is Monthly
of the report, year made of all reports of
adult maltreatment.
NCGS 108A-103
2 The County will DHHS will work with the Protecting a disabled adult
complete 85% of county to identify the from exploitation is
APS evaluations County's performance critical to ensuring their
involving measure for FY 20-21 safety and well-being,
allegations of based on the County"s State law requires a
exploitation performance for the prompt and thorough
within 45 days preceding,state fiscal evaluation is made of all Monthly
of the report. year reports of adult
exploitation.
NCGS 108A-103
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ATTACHMENT III-E
PERFORMANCE REQUIREMENTS:
Special Assistance (SA)
Standard County Performance Rationale and Authority Report of
Measure Measure Performance
1 The County will DHHS will work Ensure eligible individuals
process 85%of with the county to receive supplemental
Special identify the County's payments to support stable
Assistance for performance measure living arrangements.
the Aged(SAA) for FY 20-21 based
applications on the County's Timely application
within 45 performance for the processing of SAA benefits is Monthly
calendar days of preceding state fiscal essential to an individual"s
the application year proper care and treatment.
date.
1 OA NCAC 71 P .0604
2 The County will DHHS will work Ensure eligible individuals
process 85%of with the county to receive supplemental
Special identify the County's payments to support stable
Assistance for performance measure living arrangements.
the Disabled for FY 20-21 based Monthly
(SAD) on the County's Timely application
applications performance for the processing of SAD benefits is
within 60 preceding state fiscal essential to an individual's
calendar days of year proper care and treatment.
the application
date. 1 OA NCAC 71 P .0604
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ATTACHMENT I1I-F
PERFORMANCE REQUIREMENTS:
Child Care Subsidy
Standard Measure County Performance Rationale and Authority Report of
Measure Performance
1 The County will The County will Ensure that families can place
process 95%of process 95%of Child their children in quality child care
Child Care Care Subsidy without undue delay. Monthly
Subsidy applications within 34
applications within calendar days of the North Carolina Child Care
30 calendar days application date. Development Fund State Plan
of the application
date.
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