50-06-05.1. Powers and duties of the department (Effective through June 30, 2027)

50-06-05.1. Powers and duties of the department. (Effective through June 30, 2027)

The department has the following powers and duties to be administered by the department

through its state office or state-operated behavioral health clinics, human service zones, or

otherwise as directed by the department:

1. To act as the official agency of the state in any social welfare or human service activity

initiated by the federal government not otherwise by law made the responsibility of

another state agency.

2. To administer, allocate, and distribute any state and federal funds that may be made

available for the purpose of providing financial assistance, care, and services to

eligible persons and families who do not have sufficient income or other resources to

provide a reasonable subsistence compatible with decency and health.

3. To provide preventive, rehabilitative, and other human services to help families and

individuals to retain or attain capability for independence or self-care.

4. To do needed research and study in the causes of social problems and to define

appropriate and effective techniques in providing preventive and rehabilitative

services.

5. To provide for the study, and to promote the well-being, of a child in need of protection,

a child in need of services, and delinquent children.

6. To provide for the placing and supervision of children in need of substitute parental

care, subject to the control of any court having jurisdiction and control of any such

child.

7. To recommend appropriate human services related legislation to the legislative

assembly.

8. To direct and supervise human service zone activities and administer a statewide

program for state-funded human services, staffing, and administration costs related to

the administration of human services.

9. To secure, hold, and administer for the purpose for which it is established any property

and any funds donated to it either by will or deed, or otherwise, or through court order

or otherwise available to the department, and to administer those funds or property in

accordance with the instructions in the instrument creating them or in accordance with

the instructions in the court order or otherwise.

10. To formulate standards and make appropriate inspections and investigations in

accordance with such standards in connection with all licensing activities delegated by

law to the department, including early childhood programs, nonmedical adult care

facilities and maternity homes, and persons or organizations receiving and placing

children, and to require those facilities, persons, and organizations to submit reports

and information as the department may determine necessary.

11. To permit the making of any surveys of human service needs and activities if

determined to be necessary.

12. To issue subpoenas, administer oaths, and compel attendance of witnesses and

production of documents or papers whenever necessary in making the investigations

provided for herein or in the discharge of its other duties. A subpoena may not be

issued to compel the production of documents or papers relating to any private

child-caring or child-placing agency or to compel the attendance as a witness of any

officer or employee of those facilities except upon the order of a judge of the district

court of the judicial district in which the facilities are located.

13. To provide insofar as staff resources permit appropriate human services, including

social histories, social or social-psychological evaluations, individual, group, family,

and marital counseling, and related consultation, when referred by self, parent,

guardian, human service zone, court, physician, or other individual or agency, and

when application is made by self (if an adult or emancipated youth), parent, guardian,

or agency having custody; also, on the same basis, to provide human services to

l or social-psychological evaluations, individual, group, family,

and marital counseling, and related consultation, when referred by self, parent,

guardian, human service zone, court, physician, or other individual or agency, and

when application is made by self (if an adult or emancipated youth), parent, guardian,

or agency having custody; also, on the same basis, to provide human services to

children and adults in relation to their placement in or return from the life skills and

transition center, state hospital, or North Dakota youth correctional center.

14. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, treatment, and aftercare

services when requested by the judge of a juvenile court. A court order under section

27-20.3-09, 27-20.4-08, or 27-20.4-17 or pursuant to rules adopted by the judicial

branch regarding treatment, if available, at the state hospital or life skills and transition

center shall comply with the requirements set forth in chapters 25-03.1, 25-03.3, and

25-04.

15. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, and treatment, when

requested by the judge in a criminal case. A court order under section 12.1-32-02 or

12.1-32-07 or pursuant to rules adopted by the judicial branch regarding treatment, if

available, at the state hospital or life skills and transition center shall comply with

requirements set forth in chapters 25-03.1, 25-03.3, and 25-04.

16. To act as the official agency of the state in the administration of the supplemental

nutrition assistance program and to direct and supervise human service zone

administration of that program. The department with the consent of the legislative

assembly or the budget section if the legislative assembly is not in session may

terminate the program if the rate of federal financial participation in administrative

costs provided under Public Law 93-347 is decreased or limited, or if the state or

counties become financially responsible for all or a portion of the coupon bonus

payments under the Food Stamp Act. Any request considered by the budget section

must comply with section 54-35-02.9. The department may not deny assistance under

the supplemental nutrition assistance program to any individual who has been

convicted of a felony offense that has as an element the possession, use, or

distribution of a controlled substance as defined in section 102(6) of the Controlled

Substances Act [21 U.S.C. 802(6)].

17. To administer, allocate, and distribute any funds made available for the making of

direct cash assistance payments, housing stabilization supports, and rental assistance

and to promote cooperation and working agreements with public agencies and

including the housing finance agency and department of commerce, and private

human service agencies.

18. To act as the official agency of the state in the administration of the home energy

assistance program; to direct and supervise human service zone administration of that

program; and to take such actions, give such directions, and adopt such rules, subject

to review in the courts of this state, as may be necessary or desirable to carry out this

subsection. For purposes of the administration of the energy assistance program,

funds are obligated at the earlier of the time a written commitment is made to pay a

vendor or contractor for services or supplies delivered or to be delivered, or at the time

payment is made to a vendor or contractor for services or supplies delivered or to be

delivered. The provisions of this subsection concerning obligation of funds apply to

payments and commitments made on or after July 1, 1991. The department with the

consent of the legislative assembly or the budget section if the legislative assembly is

or supplies delivered or to be delivered, or at the time

payment is made to a vendor or contractor for services or supplies delivered or to be

delivered. The provisions of this subsection concerning obligation of funds apply to

payments and commitments made on or after July 1, 1991. The department with the

consent of the legislative assembly or the budget section if the legislative assembly is

not in session may terminate the program if the rate of federal financial participation in

administrative costs is decreased or limited to less than fifty percent of total

administrative costs, or if the state or counties become financially responsible for all or

a portion of the cost of energy assistance program benefits. Any request considered by

the budget section must comply with section 54-35-02.9.

19. To administer, allocate, and distribute any funds made available for the payment of the

cost of the special needs of any child under the age of twenty-one years, who is living

in an adoptive home and would probably go without adoption except for acceptance by

the adopted family, and whose adopted family does not have the economic ability and

resources, as established by the department, to take care of the special needs of the

child, including legal fees, maintenance costs, medical and dental expenses, travel

costs, and other costs incidental to the care of the child.

20. To exercise and carry out any other powers and duties granted the department under

state law.

21. To administer, allocate, and distribute any funds made available for the payment of

supervised independent living services, to develop standards regarding a supervised

independent living program, to approve supervised independent living services for the

purpose of providing foster care placement, and to apply for and administer federal

and other funds that may be made available to undertake any of the activities

described in this subsection.

22. With the approval of the governor, to lease or transfer use of any part of the life skills

and transition center facilities or properties, located in section thirteen, township

one hundred fifty-seven north, range fifty-three west, located in Walsh County, North

Dakota, to the federal government, or any public or private agency, organization, or

business enterprise, or any worthy undertaking, under the following provisions:

a. The department determines that the facility or property is not needed to serve any

present or reasonably foreseeable need of the life skills and transition center.

b. The transaction is exempt from the provisions of section 50-06-06.6.

c. The term of any lease may not exceed ninety-nine years.

d. All required legal documents, papers, and instruments in any transaction must be

reviewed and approved as to form and legality by the attorney general.

e. Any funds realized by any transaction must be deposited in the state's general

fund.

23. To act as a decedent's successor for purposes of collecting amounts due to the

department or human service zone, unless otherwise directed or determined by the

department. Any affidavit submitted by the department under section 30.1-23-01 must

conform to the requirements of that section except that the affidavit may state that

twenty days have elapsed since the death of the decedent.

24. To provide those services necessary for the department and for human service zones

to comply with the provisions of any law, rule, order, or regulation of the United States

or any federal agency or authority requiring civil service or merit standards or

classifications as a condition for providing funds administered by the department.

25. For purposes of administration of programs, and subject to legislative appropriation,

funds are obligated at the time a written commitment is made to pay a vendor or

contractor for services or supplies either delivered or to be delivered. This subsection

uthority requiring civil service or merit standards or

classifications as a condition for providing funds administered by the department.

25. For purposes of administration of programs, and subject to legislative appropriation,

funds are obligated at the time a written commitment is made to pay a vendor or

contractor for services or supplies either delivered or to be delivered. This subsection

applies to payments and commitments made on or after January 1, 1997.

26. To determine eligibility for medical assistance and children's health insurance program

benefits when the department receives a joint application for these benefits.

27. To develop a system of services and supports to provide behavioral health services

and supports in the community for children at risk of or identified as having a

behavioral health condition and for the families of these children. This system must

include early intervention, treatment, and recovery services and supports and must

interface with, but not include, child protective services or juvenile court.

28. To provide resources on mental health awareness and suicide prevention to the

behavioral health resource coordinator at each public school and to the designated

individual at a nonpublic school. The resources must include information on identifying

warning signs, risk factors, and the availability of resources in the community.

29. To administer, allocate, and distribute any funds made available for kinship care

services and payments and services in response to the federal Family First Prevention

Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].

30. To contract with another human service zone or any other public or private person to

discharge any of the department's duties or exercise any of the department's powers

to administer human services.

31. To act on behalf of the department of public instruction to administer part B,

section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229

Stat. 2647; 20 U.S.C. 1411 et seq.].

32. In the event of a disruption of operations, to provide meals at a fair value or without a

charge to employees of the department at the North Dakota state hospital, life skills

and transition center, and state-operated behavioral health clinics twenty-four hour

staffed residential units as required by the job assignments of the employees.

33. May pay a stipend, within the limit of legislative appropriation, to a recipient or a

provider of a recipient receiving assistance or services under any program

administered by or under the supervision and direction of the department to allow the

recipient or provider to serve on a council or board.

34. Notwithstanding any other requirements, to appeal an order of a judge of the district

court or juvenile court that orders the department to perform or provide a function,

service, or duty.

35. To require providers that receive funding from the department to submit process and

outcome measures to the department for programs and services supported by state

funding for the department to evaluate the administration of the programs and services

using the appropriation.

Powers and duties of the department. (Effective after June 30, 2027) The department

has the following powers and duties to be administered by the department through its state

office or state-operated behavioral health clinics, human service zones, or otherwise as directed

by the department:

1. To act as the official agency of the state in any social welfare or human service activity

initiated by the federal government not otherwise by law made the responsibility of

another state agency.

2. To administer, allocate, and distribute any state and federal funds that may be made

available for the purpose of providing financial assistance, care, and services to

eligible persons and families who do not have sufficient income or other resources to

elfare or human service activity

initiated by the federal government not otherwise by law made the responsibility of

another state agency.

2. To administer, allocate, and distribute any state and federal funds that may be made

available for the purpose of providing financial assistance, care, and services to

eligible persons and families who do not have sufficient income or other resources to

provide a reasonable subsistence compatible with decency and health.

3. To provide preventive, rehabilitative, and other human services to help families and

individuals to retain or attain capability for independence or self-care.

4. To do needed research and study in the causes of social problems and to define

appropriate and effective techniques in providing preventive and rehabilitative

services.

5. To provide for the study, and to promote the well-being, of a child in need of protection,

a child in need of services, and delinquent children.

6. To provide for the placing and supervision of children in need of substitute parental

care, subject to the control of any court having jurisdiction and control of any such

child.

7. To recommend appropriate human services related legislation to the legislative

assembly.

8. To direct and supervise human service zone activities and administer a statewide

program for state-funded human services, staffing, and administration costs related to

the administration of human services.

9. To secure, hold, and administer for the purpose for which it is established any property

and any funds donated to it either by will or deed, or otherwise, or through court order

or otherwise available to the department, and to administer those funds or property in

accordance with the instructions in the instrument creating them or in accordance with

the instructions in the court order or otherwise.

10. To formulate standards and make appropriate inspections and investigations in

accordance with such standards in connection with all licensing activities delegated by

law to the department, including early childhood programs, nonmedical adult care

facilities and maternity homes, and persons or organizations receiving and placing

children, and to require those facilities, persons, and organizations to submit reports

and information as the department may determine necessary.

11. To permit the making of any surveys of human service needs and activities if

determined to be necessary.

12. To issue subpoenas, administer oaths, and compel attendance of witnesses and

production of documents or papers whenever necessary in making the investigations

provided for herein or in the discharge of its other duties. A subpoena may not be

issued to compel the production of documents or papers relating to any private

child-caring or child-placing agency or to compel the attendance as a witness of any

officer or employee of those facilities except upon the order of a judge of the district

court of the judicial district in which the facilities are located.

13. To provide insofar as staff resources permit appropriate human services, including

social histories, social or social-psychological evaluations, individual, group, family,

and marital counseling, and related consultation, when referred by self, parent,

guardian, human service zone, court, physician, or other individual or agency, and

when application is made by self (if an adult or emancipated youth), parent, guardian,

or agency having custody; also, on the same basis, to provide human services to

children and adults in relation to their placement in or return from the life skills and

transition center, state hospital, or North Dakota youth correctional center.

14. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, treatment, and aftercare

services when requested by the judge of a juvenile court. A court order under section

ults in relation to their placement in or return from the life skills and

transition center, state hospital, or North Dakota youth correctional center.

14. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, treatment, and aftercare

services when requested by the judge of a juvenile court. A court order under section

12.1-32-02 or 12.1-32-07 or pursuant to rules adopted by the judicial branch regarding

treatment, if available, at the state hospital or life skills and transition center shall

comply with requirements set forth in chapters 25-03.1, 25-03.3, and 25-04.

15. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, and treatment, when

requested by the judge in a criminal case. A court order under section 12.1-32-02 or

12.1-32-07 or pursuant to rules adopted by the judicial branch regarding treatment, if

available, at the state hospital or life skills and transition center shall comply with

requirements set forth in chapters 25-03.1, 25-03.3, and 25-04.

16. To act as the official agency of the state in the administration of the supplemental

nutrition assistance program and to direct and supervise human service zone

administration of that program. The department with the consent of the legislative

assembly or the budget section if the legislative assembly is not in session may

terminate the program if the rate of federal financial participation in administrative

costs provided under Public Law 93-347 is decreased or limited, or if the state or

counties become financially responsible for all or a portion of the coupon bonus

payments under the Food Stamp Act. Any request considered by the budget section

must comply with section 54-35-02.9. The department may not deny assistance under

the supplemental nutrition assistance program to any individual who has been

convicted of a felony offense that has as an element the possession, use, or

distribution of a controlled substance as defined in section 102(6) of the Controlled

Substances Act [21 U.S.C. 802(6)].

17. To administer, allocate, and distribute any funds made available for the making of

direct cash assistance payments, housing stabilization supports, and rental assistance

and to promote cooperation and working agreements with public agencies and

including the housing finance agency and department of commerce, and private

human services agencies.

18. To act as the official agency of the state in the administration of the home energy

assistance program; to direct and supervise human service zone administration of that

program; and to take such actions, give such directions, and adopt such rules, subject

to review in the courts of this state, as may be necessary or desirable to carry out this

subsection. For purposes of the administration of the energy assistance program,

funds are obligated at the earlier of the time a written commitment is made to pay a

vendor or contractor for services or supplies delivered or to be delivered, or at the time

payment is made to a vendor or contractor for services or supplies delivered or to be

delivered. The provisions of this subsection concerning obligation of funds apply to

payments and commitments made on or after July 1, 1991. The department with the

consent of the legislative assembly or the budget section if the legislative assembly is

not in session may terminate the program if the rate of federal financial participation in

administrative costs is decreased or limited to less than fifty percent of total

administrative costs, or if the state or counties become financially responsible for all or

a portion of the cost of energy assistance program benefits. Any request considered by

the budget section must comply with section 54-35-02.9.

19. To administer, allocate, and distribute any funds made available for the payment of the

ive costs is decreased or limited to less than fifty percent of total

administrative costs, or if the state or counties become financially responsible for all or

a portion of the cost of energy assistance program benefits. Any request considered by

the budget section must comply with section 54-35-02.9.

19. To administer, allocate, and distribute any funds made available for the payment of the

cost of the special needs of any child under the age of twenty-one years, who is living

in an adoptive home and would probably go without adoption except for acceptance by

the adopted family, and whose adopted family does not have the economic ability and

resources, as established by the department, to take care of the special needs of the

child, including legal fees, maintenance costs, medical and dental expenses, travel

costs, and other costs incidental to the care of the child.

20. To exercise and carry out any other powers and duties granted the department under

state law.

21. To administer, allocate, and distribute any funds made available for the payment of

supervised independent living services, to develop standards regarding a supervised

independent living program, to approve supervised independent living services for the

purpose of providing foster care placement, and to apply for and administer federal

and other funds that may be made available to undertake any of the activities

described in this subsection.

22. With the approval of the governor, to lease or transfer use of any part of the life skills

and transition center facilities or properties, located in section thirteen, township

one hundred fifty-seven north, range fifty-three west, located in Walsh County, North

Dakota, to the federal government, or any public or private agency, organization, or

business enterprise, or any worthy undertaking, under the following provisions:

a. The department determines that the facility or property is not needed to serve any

present or reasonably foreseeable need of the life skills and transition center.

b. The transaction is exempt from the provisions of section 50-06-06.6.

c. The term of any lease may not exceed ninety-nine years.

d. All required legal documents, papers, and instruments in any transaction must be

reviewed and approved as to form and legality by the attorney general.

e. Any funds realized by any transaction must be deposited in the state's general

fund.

23. To act as a decedent's successor for purposes of collecting amounts due to the

department or human service zone, unless otherwise directed or determined by the

department. Any affidavit submitted by the department under section 30.1-23-01 must

conform to the requirements of that section except that the affidavit may state that

twenty days have elapsed since the death of the decedent.

24. To provide those services necessary for the department and for human service zones

to comply with the provisions of any law, rule, order, or regulation of the United States

or any federal agency or authority requiring civil service or merit standards or

classifications as a condition for providing funds administered by the department.

25. For purposes of administration of programs, and subject to legislative appropriation,

funds are obligated at the time a written commitment is made to pay a vendor or

contractor for services or supplies either delivered or to be delivered. This subsection

applies to payments and commitments made on or after January 1, 1997.

26. To determine eligibility for medical assistance and children's health insurance program

benefits when the department receives a joint application for these benefits.

27. To develop a system of services and supports to provide behavioral health services

and supports in the community for children at risk of or identified as having a

behavioral health condition and for the families of these children. This system must

ity for medical assistance and children's health insurance program

benefits when the department receives a joint application for these benefits.

27. To develop a system of services and supports to provide behavioral health services

and supports in the community for children at risk of or identified as having a

behavioral health condition and for the families of these children. This system must

include early intervention, treatment, and recovery services and supports and must

interface with, but not include, child protective services or juvenile court.

28. To provide resources on mental health awareness and suicide prevention to the

behavioral health resource coordinator at each school. The resources must include

information on identifying warning signs, risk factors, and the availability of resources

in the community.

29. To administer, allocate, and distribute any funds made available for kinship care

services and payments and services in response to the federal Family First Prevention

Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].

30. To contract with another human service zone or any other public or private person to

discharge any of the department's duties or exercise any of the department's powers

to administer human services.

31. To act on behalf of the department of public instruction to administer part B,

section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229

Stat. 2647; 20 U.S.C. 1411 et seq.].

32. In the event of a disruption of operations, to provide meals at a fair value or without a

charge to employees of the department at the North Dakota state hospital, life skills

and transition center, and state-operated behavioral health clinics twenty-four hour

staffed residential units as required by the job assignments of the employees.

33. May pay a stipend, within the limit of legislative appropriation, to a recipient or a

provider of a recipient receiving assistance or services under any program

administered by or under the supervision and direction of the department to allow the

recipient or provider to serve on a council or board.

34. Notwithstanding any other requirements, to appeal an order of a judge of the district

court or juvenile court that orders the department to perform or provide a function,

service, or duty.

35. To require providers that receive funding from the department to submit process and

outcome measures to the department for programs and services supported by state

funding for the department to evaluate the administration of the programs and services

using the appropriation for the program or service.