The state agency has the following powers or duties under this chapter:

Terms Used In North Dakota Code 50-06.2-03

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    To act as the official agency of the state in the administration of the human services for individuals and families in conformity with state and federal requirements.

2.    To prepare, at least biennially, a comprehensive human services plan which must:

a.    Include human services determined essential in effectuating the purposes of this chapter.

b.    Detail the human services identified by the state agency for provision by human service centers and the services which the human service zones make available in approved human service zone plans as a condition for the receipt of any funds allocated or distributed by the state agency.

3.    To make available, through human service zone or human service centers, any or all of the services set out in the comprehensive human services plan on behalf of those individuals and families determined to be eligible for those services under criteria established by the state agency.

4.    To supervise and direct the comprehensive human services administered by human service zone and human service centers through standard-setting, technical assistance, approval of human service zone and regional plans, preparation of the comprehensive human services plan, evaluation of comprehensive human services, and distribution of public money for services.

5.    Within the limits of legislative appropriations and at rates determined payable by the state agency, to pay qualified service providers, which meet standards for services and operations, for the provision of the following services as defined in the comprehensive human services plan which are provided to individuals who, on the basis of functional assessments, income, and resources, are determined eligible for the services in accordance with rules adopted by the state agency:

a.    Homemaker services; b.    Chore services; c.    Respite care; d.    Home health aide services; e.    Case management; f.    Family home care; g.    Personal attendant care; h.    Adult family foster care; and

i.    Such other services as the state agency determines to be essential and appropriate to sustain individuals in their homes and in their communities and to delay or prevent institutional care.

6.    To take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter.

For purposes of this chapter, resources do not include the individual‘s primary home and the first fifty thousand dollars of liquid assets.