North Carolina 2019-2020 Session Status: Passed House Bipartisan · 3 R · 1 I · 1 D cosponsors

HB 935 — Social Services Reform.

Last action — Regular Message Sent To Senate

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    To Executive
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    Enacted

This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

202 added · 360 removed

Plain-language change summary

The latest version of House Bill 935 adds funding for 11 new staff positions aimed at enhancing supervision and support for child welfare services in North Carolina. Additionally, the amendment clarifies the conditions under which employment offers can be made to applicants for certain positions, particularly concerning criminal history checks. These changes matter because they represent a commitment to improving child welfare resources and ensure that child care providers have clear guidelines for vetting potential employees, ultimately enhancing the safety of children in care.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 935 Committee Substitute Favorable 7/11/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 935 Short Title:
Social Services Reform.
Social Services Reform/DHHS Recommendations.
Representatives Blackwell, Stevens, White, and Dobson (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 22, 2019 A BILL TO BE ENTITLED AN ACT TO IMPLEMENT VARIOUS PROVISIONS RELATED TO SOCIAL SERVICES REFORM.
Health, if favorable, Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House April 22, 2019 A BILL TO BE ENTITLED AN ACT TO IMPLEMENT VARIOUS PROVISIONS RELATED TO SOCIAL SERVICES REFORM TO INCLUDE:
REPURPOSING AND REDEPLOYING POSITIONS IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SUPPORT REGIONALIZATION AND DIRECTING THE DEPARTMENT TO ESTABLISH SEVEN REGIONS FOR REGIONAL SUPERVISION OF CHILD WELFARE AND SOCIAL SERVICES;
APPROPRIATING FUNDS FOR STAFF POSITIONS IN SUPPORT OF REGIONALIZATION;
REQUIRING CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF LICENSED CHILD CARE INSTITUTIONS;
ALLOWING YOUTH EXITING FOSTER CARE TO A PERMANENT HOME THROUGH THE GUARDIANSHIP ASSISTANCE PROGRAM TO ACCESS FUNDS UNDER THE NORTH CAROLINA CHILD WELFARE POSTSECONDARY SUPPORT PROGRAM (NC REACH);
REQUIRING TRAINING FOR NEW AND EXPERIENCED COUNTY SOCIAL SERVICES BOARD MEMBERS;
REQUIRING THE ADMINISTRATIVE OFFICE OF THE COURTS TO CONDUCT A FEASIBILITY AND COST STUDY OF A CHILD SUPPORT TRIBUNAL;
AND PROVIDING A FRAMEWORK FOR THE MANAGEMENT OF CONFLICT OF INTEREST CASES.
SECTION 1.(b) There is appropriated from the General Fund to the Department of Health and Human Services, Division of Social Services, the sum of nine hundred fourteen thousand seven hundred ninetydollars($914,790) recurring for each year ofthe2019-2021 fiscal biennium to support 11 new staff positions to improve regional supervision and support of child welfare services pursuant to the plan as described under subsection (a) of this section.
SECTION 1.(b) There is appropriated from the General Fund to the Department of Health and Human Services, Division of Social Services, the sum of nine hundred fourteen thousand seven hundred ninetydollars($914,790) recurring for each year ofthe2019-2021 fiscal *H935-v-1* General Assembly Of North Carolina Session 2019 biennium to support 11 new staff positions to improve regional supervision and support of child welfare services pursuant to the plan as described under subsection (a) of this section.
143B-939 reads as rewritten:
122C-80 reads as rewritten:
"§ 143B-939.
"§122C-80.
Criminal record checks for adult care homes, nursing homes, home care agencies, and providers of mental health, developmental disabilities, child care institutions, and substance abuse services.
Criminalhistoryrecordcheck requiredforcertainapplicantsforemployment.
The Department of Public Safety may provide to the following entities the criminal history from the State and National Repositories of Criminal Histories:
… (b) Requirement.
(1) Nursing homes or combination homes licensed under Chapter 131E of the General Statutes.
– An offer of employment by a provider licensed under this Chapter to an applicant to fill a position that does not require the applicant to have an occupational license is conditioned on consent to a State and national criminal history record check of the applicant.
(2) Adult care homes licensed under Chapter 131D of the General Statutes.
(3) Home care agencies licensed under Chapter 131E of the General Statutes.
(4) Providers licensed under Chapter 122C of the General Statutes, including a contract agency of a provider that is subject to the provisions of Article 4 of that Chapter.
(5) Child care institutions as defined by Title IV-E of the Social Security Act.
*H935-v-2* General Assembly Of North Carolina Session 2019 The criminal history shall be provided to nursing homes and home care agencies in accordance with G.S.
131E-265, to adult care homes in accordance with G.S.
131D-40, and to a provider in accordance with G.S.
122C-80.
G.S.
122C-80, and to child care institutions in accordance with G.S.
108A-133.
The requesting entity shall provide to the Department of Public Safety, along with the request, the fingerprints of the individual to be checked if a national criminal history record check is required, any additional information required by the Department of Public Safety, and a form signed by the individual to be checked consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories of Criminal Histories.
If a national criminal history record check is required, the fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
All information received by the entity shall be kept confidential in accordance with G.S.
131E-265, 131D-40, and 122C-80, and 108A-133 as applicable.
The Department of Public Safety shall charge a reasonable fee for conducting the checks authorized by this section.
The fee for the State check may not exceed fourteen dollars ($14.00)." SECTION 2.(b) Chapter 108A of the General Statutes is amended by adding a new Article to read:
"Article 8.
"Miscellaneous.
"§ 108A-133.
Criminal history record checks required for certain applicants for employment.
(a) Requirement;
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Child Care Institution.
– An offer of employment by a child care institution as defined by Title IV-E of the Social Security Act to an applicant to fill a position that does not require the applicant to have an occupational license is conditioned on consent to a criminal history record check of the applicant.
If the applicant has been a resident of this State for less than five years, then the offer of employment is conditioned on consent to a State and nationalcriminalhistoryrecordcheckoftheapplicant.Thenationalcriminalhistoryrecordcheck shall include a check of the applicant's fingerprints.
If the applicant has been a resident of this State for five years or more, then the offer is conditioned on consent to a State criminal history record check of the applicant.
A child care institution shall not employ an applicant who refuses to consent to a criminal history record check required by this section.
Within five business days of making the conditional offer of employment, a child care institution shall submit a request to the Department of Public Safety under G.S.
143B-939 to conduct a State or national criminal history record check required by this section or shall submit a request to a private entity to conduct a State criminal history record check required by this section.
Notwithstanding G.S.
143B-939, the Department of Public Safety shall return the results of national criminal history record checks for employment positions not covered by Public Law 105-277 to the Department of Health and Human Services, Criminal Records Check Unit.
Within five business days of receipt of the national criminal history of the person, the Department of Health and Human Services, Criminal Records Check Unit, shall notify the child care institution as to whether the information received may affect the employability of the applicant.
In no case shall the results of the national criminal history record check be shared with the child care institution.
Childcareinstitutionsshallmakeavailableuponrequestverificationthatacriminalhistorycheck has been completed on any staff covered by this section.
All criminal history information receivedbythehomeisconfidentialandmaynotbedisclosed,excepttothe applicantasprovided in subsection (b) of this section.
(a1) Requirement;
Contract Agency of Child Care Institution.
– An offer of employment by a contract agency of a child care institution as defined by Title IV-E of the Social Security Act to an applicant to fill a position that does not require the applicant to have an occupational Page 2 House Bill 935-Second Edition General Assembly Of North Carolina Session 2019 license is conditioned upon consent to a criminal history record check of the applicant.
If the provider licensed under this Chapter is a child care institution, as defined by 42U.S.C.§672(c),thentheofferofemploymentisconditionedonconsenttoaStateandnational criminal history record check of the applicant.
A contract agency of a child care institution shall not employ an applicant who refuses to consent to a criminal history record check required by this section.
A provider shall not employ an applicant who refuses to consent to a criminal history record check required by this section.
Within five business days of making the conditional offer of employment, a contract agency of a child care institution shall submit a request to the Department of Public Safety under G.S.
Except as otherwise provided in this subsection, within five business days of making the conditional offer of employment, a provider shall submit a request to the Department of Public Safety under G.S.
143B-939 to conduct a State or national criminal history record check required by this section or shall submit a request to a private entity to conduct a State criminal history record check required by this section.
143B-939 to conduct a criminal history record check required by this section or shall submit a request to a private entity to conduct a State criminal history record check required by this section.
Within five business days of receipt of the national criminal history of the person, the Department of Health and Human Services, Criminal Records Check Unit, shall notify the contract agencyof the child care institution as to whether the information received may affect the employability of the applicant.
Within five business days of receipt of the national criminal history of the person, the Department of Health and Human Services, Criminal Records Check Unit, shall notify the provider as to whether the information received may affect the employability of the applicant.
In no case shall the results of the national criminal history record check be shared with the contract agency of the child care institution.
In no case shall the results of the national criminal history record check be shared with the provider.
Contract agencies of child care institutions shall make available upon request verification that a criminal historycheck has been completed on any staff covered by this section.
Providers shall make available to the Department of Health and Human Services upon request verification that a criminal history check has been completed on any staff covered by this section.
All criminal history information received by the contract agency is confidential and may not be disclosed, except to the applicant as provided by subsection (b) of this section.
A county that has adopted an appropriate local ordinance and has access to the Department of Public Safety data bank may conduct on behalf of a provider a State criminal history record check required by this section without the provider having to submit a request to the Department of Justice.
(b) Action.
In such a case, the county shall commence with the State criminal history record check required by this section within five business days of the conditional offer of employment by the provider.
– If an applicant's criminal history record check reveals one or more convictions of a relevant offense, the child care institution or a contract agency of the child care institution shall consider all of the following factors in determining whether to hire the applicant:
All criminal history information received by the provider is confidential and may not be disclosed, except to the applicant as provided in subsection (c) of this section.
(1) The level and seriousness of the crime.
For purposes of this subsection, the term "private entity" means a business regularly engaged in conducting criminal history record checks utilizing public records obtained from a State agency.
(2) The date of the crime.
(b1) Sex Offender Registry and Responsible Individuals List Checks.
(3) The age of the person at the time of the conviction.
– If the provider licensed under this Chapter is a child care institution, as defined by Title IV-E of the Social Security Act, then the offer of employment by the provider to the applicant to fill a position not requiring an occupational license is conditioned on a check of the North Carolina Sex Offender Registry and consent to check the North Carolina Responsible Individuals List.
(4) The circumstances surrounding the commission of the crime, if known.
If the applicant has been a resident of this State for less than five years, then the offer of employment is conditioned on consent to check the North Carolina Responsible Individuals List and the abuse and neglect registryof any other state where the applicant has resided in the preceding five years.
(5) The nexus between the criminal conduct of the person and the job duties of the position to be filled.
…." SECTION 2.(b) G.S.
(6) The prison, jail, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed.
131D-10.3A reads as rewritten:
(7) The subsequent commission by the person of a relevant offense.
"§ 131D-10.3A.
The fact of conviction of a relevant offense alone shall not be a bar to employment;
Mandatory criminal checks.
however, the listed factors shall be considered by the child care institution or the contract agency of the child care institution.
Page 2 House Bill 935-First Edition General Assembly Of North Carolina Session 2019 (a) Effective January 1, 1996, in order to ensure the safety and well-being of any child placed for foster care in a home, the Department shall ensure that the criminal histories of all foster parents, individuals applying for licensure as foster parents, and individuals 18 years of age or older who reside in a family foster home, are checked and, based on the criminal history check, a determination is made as to whether the foster parents, and other individuals required to be checked, are fit for a foster child to reside with them in the home.
If the child care institution or a contract agency of the child care institution disqualifies an applicant after consideration of the relevant factors, then the child care institution or the contract agency may disclose information contained in the criminal history record check that is relevant to the disqualification, but may not provide a copy of the criminal history record check to the applicant.
The Department shall ensure that, as of the effective date of this Article, all individuals required to be checked pursuant to this subsection are checked for county, state, State, and federal criminal histories.
(c) Limited Immunity.
… (i) The Department of Public Safetyshall perform the State and national criminal history checks on individuals required by this section and shall charge the Department a reasonable fee only for conducting the checks of the national criminal history records authorized by subsection (a) of this section.
– A child care institution and an officer or employee of a child care institution, in good faith, complies with this section is not liable for the failure of the home to employan individual on the basis of information provided in the criminal history record check of the individual.
The Division of Social Services, Department of Health and Human Services, shall bear the costs of implementing subsection (a) of this section.
(d) Relevant Offense.
(j) All child care institutions, as defined by Title IV-E of the Social Security Act, shall request a criminal history pursuant to G.S.
– As used in this section, "relevant offense" means a county, state, or federal criminal history of conviction or pending indictment of a crime, whether a misdemeanororfelony,thatbearsuponanindividual's fitnesstohaveresponsibilityforthesafety and well-being of aged or disabled persons.
143B-932(d) and conduct a check of the North Carolina Sex Offender Registry and the North Carolina Responsible Individuals List on any individual prior to the individual working in the child care institution.
These crimes include the criminal offenses set forth House Bill 935-Second Edition Page 3 General Assembly Of North Carolina Session 2019 in any of the following Articles of Chapter 14 of the General Statutes:
The results of the criminal historycheckshallbekeptconfidential,exceptthatthechildcareinstitutionshallsharetheresults of the criminal history check with the Department.
Article 5, Counterfeiting and Issuing Monetary Substitutes;
(k) Child care institutions, as defined by Title IV-E of the Social Security Act, shall prohibit an individual from working in the child care institution if the individual has a criminal history, as defined under G.S.
Article 5A, Endangering Executive and Legislative Officers;
131D-10.2(6a).
Article 6, Homicide;
(l) The Department may take action against a child care institution's license, including denial, revocation, suspension, or placement on provisional status, for violation of subsection (k) of this section." SECTION 2.(c) G.S.
Article 7B, Rape and Other Sex Offenses;
Article 8, Assaults;
Article 10, Kidnapping and Abduction;
Article 13, Malicious Injury or Damage by Use of Explosive or IncendiaryDeviceorMaterial;Article14,BurglaryandOtherHousebreakings;Article15,Arson and Other Burnings;
Article16, Larceny;
Article17,Robbery;
Article18,Embezzlement;
Article 19, False Pretenses and Cheats;
Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means;
Article 19B, Financial Transaction Card Crime Act;
Article 20, Frauds;
Article 21, Forgery;
Article 26, Offenses against Public Morality and Decency;
Article 26A, Adult Establishments;
Article 27, Prostitution;
Article 28, Perjury;
Article 29, Bribery;
Article 31, Misconduct in Public Office;
Article 35, Offenses Against the Public Peace;
Article 36A, Riots, Civil Disorders, and Emergencies;
Article 39, Protection of Minors;
Article 40, Protection of the Family;
Article 59, Public Intoxication;
and Article 60, Computer-Related Crime.
These crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S.
18B-302 or driving while impaired in violation of G.S.
20-138.1 through G.S.
20-138.5.
(e) Penalty for Furnishing False Information.
– Any applicant for employment who willfully furnishes, supplies, or otherwise gives false information on an employment application that is the basis for a criminal history record check under this section shall be guilty of a Class A1 misdemeanor.
(f) Conditional Employment.
– A child care institution may employ an applicant conditionally prior to obtaining the results of a criminal history record check regarding the applicant if both of the following requirements are met:
(1) The child care institution shall not employ an applicant prior to obtaining the applicant's consent for a criminal history record check as required in subsection (a) of this section or the completed fingerprint cards as required in G.S.
143B-939.
(2) The child care institution shall submit the request for a criminal history record check not later than five business days after the individual begins conditional employment.
(g) Immunity from Liability.
– An entity and officers and employees of an entity shall be immune from civil liability for failure to check an employee's history of criminal offenses if the employee's criminal history record check is requested and received in compliance with this section.
(h) For purposes of this section, the term "private entity" means a business regularly engaged in conducting criminal history record checks utilizing public records obtained from a State agency.
"§ 108A-134.
Sex Offender Registry and Responsible Individuals List checks.
(a) An offer of employment by a child care institution as defined by Title IV-E of the Social Security Act to an applicant to fill a position that does not require the applicant to have an occupational license is conditioned on consent to a check of the North Carolina Sex Offender Registry and consent to check the North Carolina Responsible Individuals List.
If the applicant has been a resident of this State for less than five years, then the offer of employment is conditioned on consent to check the North Carolina Responsible Individuals List and the abuse andneglectregistryofanyotherstatewheretheapplicanthasresidedintheprecedingfive years." SECTION 2.(c) G.S.
… Page 4 House Bill 935-Second Edition General Assembly Of North Carolina Session 2019 (7) Grant, deny, suspend or revoke a license or a provisional license, in accordance with this Article, G.S.
… (7) Grant, deny, suspend or revoke a license or a provisional license, in accordance with this Article and Commission rules." SECTION 2.(d) G.S.
108A-133, and Commission rules." SECTION 3.
143B-932 reads as rewritten:
"§ 143B-932.
Criminal record checks of providers of treatment for or services to children, the elderly, mental health patients, the sick, and the disabled.
(a) Authority.
– The Department of Public Safety may provide to any of the following entities a criminal record check of an individual who is employed by that entity, has applied for employment with that entity, or has volunteered to provide direct care on behalf of that entity:
… (8) Any child care institution, as defined by Title IV-E of the Social Security Act.
… (c1) Child Care Institutions.
–Uponrequest, theDepartmentofPublicSafetyshall provide anychildcareinstitution,asdefinedunderTitleIV-EoftheSocialSecurityAct,withthecriminal history, as defined in G.S.
131D-10.2(6a), from the State and National Repositories of Criminal Histories foranyperson workingorseekingemploymentwith thechild careinstitution.Thechild care institution shall provide to the Department of Public Safety, along with the request, the fingerprints of the individual to be checked, any additional information required by the Department of Public Safety, and a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories signed by the individual to be checked.
The fingerprints of the individual to be House Bill 935-First Edition Page 3 General Assembly Of North Carolina Session 2019 checked shall beforwarded to theStateBureauof Investigation forasearchoftheState's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
The child care institution shall keep all information received pursuant to this section confidential, except that the child care institution shall share any information requested by the Department of Health and Human Services.
The information that the Department of Health and Human Services obtains pursuant to this section is not a public record and shall be kept confidential.
…." SECTION 3.
… (4a) Toattend education trainingsessions provided for newboardmembersnoless two times during the first year they serve on the board.
… (4a) To attend education training sessions provided for new or experienced board members no less than twice annually.
…." SECTION 4.(b) The Department of Health and Human Services, Division of Social Services, shall collaborate with key stakeholders, including the North Carolina Association of County Boards of Social Services, Association of North Carolina County Social Services Directors, North Carolina Association of County Commissioners, and the University of North Carolina School of Government, to create a formal education and training program for new county boards of social services members in accordance with G.S.
…." SECTION 4.(b) The Department of Health and Human Services, Division of Social Services, shall collaborate with key stakeholders, including the North Carolina Association of County Boards of Social Services, Association of North Carolina County Social Services Directors, North Carolina Association of County Commissioners, and the University of North Carolina School of Government, to create a formal education and training program for new and experienced county boards of social services members in accordance with G.S.
The education training sessions shall include education regarding the potential liabilities of the countyboard of social services.
Experienced countyboard of social services members are encouraged to attend the education training sessions for new board members.
The Department of Health and Human Services shall have authority to make final decisions regarding conflicts of interest assignments when disputes arise, with regional staff having initial authority when a dispute arises between county departments of social services and central office staff having initial authority when disputes arise betweenregions.TheSocialServicesCommissionshalladoptrulesregardingconflictsofinterest management, including establishing reasonable and specific time lines for resolving conflicts of interest.
The Department of Health and Human Services shall have authority to make final decisions regarding conflicts of interest assignments when disputes arise, with regional staff having initial authority when a dispute arises between county departments of social services and central office staff having initial authority when disputes arise betweenregions.TheSocialServicesCommissionshalladoptrulesregardingconflictsofinterest management, including establishing reasonable and specific time lines for resolving conflicts of Page 4 House Bill 935-First Edition General Assembly Of North Carolina Session 2019 interest.
For purposes of this section, a "conflict of interest" occurs when the provision of social services and duty owed by a county department of social services conflicts with services and the duty owed by another county department of social services." House Bill 935-Second Edition Page 5 General Assembly Of North Carolina Session 2019 SECTION6.(b) TheSocialServicesCommissionshallreporttotheJointLegislative Oversight Committee on Health and Human Services upon adopting rules pursuant to G.S.
For purposes of this section, a "conflict of interest" occurs when the provision of social services and duty owed by a county department of social services conflicts with services and the duty owed by another county department of social services." SECTION6.(b) TheSocialServicesCommissionshallreporttotheJointLegislative Oversight Committee on Health and Human Services upon adopting rules pursuant to G.S.
Part I of S.L.
2017-41 reads as rewritten:
"SECTION 1.1.
Regional Supervision of and Collaboration by Local Social Services Programs.
- … (3) The Department shall submit the plan to the Joint Legislative Oversight Committee on Health and Human Services by November 15, 2018.
The plan shall provide for the system of regional supervision to be operational no later than March 1, 2020.
2022.
The Department shall not implement the plan without an act by the General Assembly.
"SECTION 1.2.(a) Social Services Regional Supervision and Collaboration Working Group.
– The School of Government at the University of North Carolina at Chapel Hill (SOG) shall convene a continue the work of the Social Services Regional Supervision and Collaboration Working Group (Working Group) to make recommendations to the Department regarding the regional supervision and collaboration plan.
The Working Group shall consist of the currently constituted members as of December 1, 2018.
"SECTION 1.2.(b) Composition.
– The Working Group shall consist of the following members:
(1) Three members of the Senate appointed by the President Pro Tempore of the Senate, one of whom shall be designated as a cochair.
(2) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated as a cochair.
… "SECTION 1.2.(d) Duties.
– The Working Group shall continue to develop recommendations for the regional supervision and collaboration plan required by Section 1.1 of this act.
The Working Group shall divide its work into two stages, the first continue to (i) address regional supervision and the second to (ii) address interagency collaboration and regionalization.
(1) Stage One.
– The Working Group shall convene its first meeting no later than October 6, 2017.
During the first stage, the Working Group shall develop October 4, 2019, and continue developing recommendations regarding:
a.
The size, number, and location of the regions.
Recommendations shall take into consideration (i) the need for regions to maintain direct, local connections with the jurisdictions they serve;
(ii) alignment with other regional organizations that intersect with the work of social services, as appropriate;
and (iii) awareness of the cultural differences and similarities between regions.
b.
Theallocationofresponsibilitybetweenthecentral, regional,andlocal officials in supervising and administering the social services programs and services.
c.
Methods for holding the regional offices accountable for performance and responsiveness.
d.
Requirements for the regional offices to share information about local departmental performance with the relevant board or boards of county commissioners, county or regional board of social services, or consolidated human services board.
e.
Options for authorizing the board of county commissioners to intervene in urgent situations to assume direct control of the department of social services at the local level prior to the State assuming control of service delivery pursuant to G.S.
108A-74.
Page 6 House Bill 935-Second Edition General Assembly Of North Carolina Session 2019 f.
Any other issues related to regional supervision identified by the cochairs.
(2) Stage Two.
– During the second stage, the The Working Group shall:
a.
Develop recommendations regarding legislative and regulatory changes necessary to improve collaboration between counties in the administration of social services programs and services.
Recommendations shall address, at a minimum, information sharing, conflicts of interest, and intercounty movement of people enrolled in programs or receiving social services.
b.
Develop a vision for transitioning the State from a county-administered system to a regionally administered system.
The vision shall identify general benefits and challenges associated with making such a transition.
(3) Stage Three.
– After completing the work in Stages One and Two, the Working Group shall:
a.
Review the recommendations from the Center for the Support of Families and the Department.
After reviewing both reports, the Working Group shall revise the Stage One recommendations regarding regional supervision.
b.
Provide more detailed recommendations regarding the following:
1.
The role of local elected officials and social services governing boards in social services oversight.
2.
Legal representation of local social services agencies.
3.
Managing conflicts of interest.
4.
Determining residency for social services programs and services.
5.
Transferring and changing venue in adult guardianship cases.
6.
Notice requirements for adult guardianship cases.
7.
Confidentiality of social services records, as it relates to improving interagency collaboration and service delivery.
c.
Conduct a study regarding appointments of and funding for publicly funded guardians.
The study must include all of the following:
1.
A description of the current types of appointments of publicly funded guardians.
2.
An evaluation of the effectiveness of the various types of publicly funded guardians.
3.
Recommendations for management of publicly funded guardians.
"SECTION 1.2.(e) Reports.
– (1) Stage One.
– The Working Group shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services (Committee) and the Department at the conclusion of Stage One, which shall be no later than April 15, 2018.
After receiving the Stage One report, the Committee may terminate the Working Group if it concludes that the Working Group is not making sufficient progress.
(2) Stage Two.
– The Working Group shall submit a report to the Committee and the Department at the conclusion of Stage Two, which shall be no later than February 1, 2019.
(3) Stage Three.
– The Working Group shall submit a preliminary report to the Committee no later than October 15, 2020, providing an update on its continued work.
After receiving the preliminary report, the Committee may House Bill 935-Second Edition Page 7 General Assembly Of North Carolina Session 2019 terminatetheWorkingGroupifitconcludestheWorkingGroup is not making sufficient progress.
The Working Group shall submit a final report of its recommendations to the Committee no later than February 1, 2021, and shall terminate upon the final report." SECTION 8.
The remainder of this act is effective when it becomes law, and Section 4(a) applies to any current county board of social service members that have not met the training requirements for new board members in G.S.
The remainder of this act is effective when it becomes law.
108A-9(4a).
House Bill 935-First Edition Page 5
Page 8 House Bill 935-Second Edition
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Action History

  1. Regular Message Sent To Senate

  2. Regular Message Received From House

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Passed 3rd Reading

  6. Ordered Engrossed

  7. Amendment Ruled Out of Order A1

  8. Amend Adopted A2

  9. Without Objection, A1 is Before the Body

  10. Amend Adopted A1

  11. Passed 2nd Reading

  12. Withdrawn From Cal

  13. Placed On Cal For 09/16/2019

  14. Withdrawn From Com

  15. Cal Pursuant Rule 36(b)

  16. Placed On Cal For 09/13/2019

  17. Reptd Fav Com Sub 2

  18. Re-ref Com On Rules, Calendar, and Operations of the House

  19. Withdrawn From Com

  20. Re-ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

  21. Reptd Fav Com Substitute

  22. Re-ref Com On Appropriations, Health and Human Services

  23. Passed 1st Reading

  24. Ref to the Com on Health, if favorable, Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

  25. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 168 not signed on

Sponsors (3)

Co-sponsors (8)

Not signed on (168)

168 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 114 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 24000
Republican 35000
Unaffiliated 53005
U 2000
Total 114005
% of votes cast 96%0%0%4%
How each member voted (119)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
L. Johnson — Yea
Lewis — Yea
McElraft — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Yarborough — Yea
Harris — Not Voting
Montgomery — Not Voting
McGrady — Not Voting
Szoka — Not Voting
Zachary — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Second Reading

Passed 111 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 22002
Unaffiliated 55003
U 2000
Republican 32003
Total 111008
% of votes cast 93%0%0%7%
How each member voted (119)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
L. Johnson — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Yarborough — Yea
Elmore — Not Voting
Szoka — Not Voting
Zachary — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Not Voting
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Not Voting
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 935?
HB 935 is sponsored by Hugh Blackwell (Republican), Dobson, Adcock, Black, Carla D. Cunningham (U), Terry, Shelly Willingham (Democratic), Zachary, R. Smith, Donna McDowell White (Republican), and Sarah Stevens (Republican).
What is the current status of HB 935?
This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 935?
Track HB 935 free on One Click Politics — get push/email alerts when it moves.

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