Daily bulletin [2019 : August 20]

8/20/2019 The Daily Bulletin: 2019-08-20 | Legislative Reporting Service UNC SCHOOL OF GOVERNMENT The Daily Bulletin: 2019-08-20 PUBLIC/HOUSE BILLS H 935 (2019-2020) SOCIAL SERVICES REFORM. (NEW) Filed Apr 16 2019, AN ACT TO IMPLEMENT VARIOUS PROVISIONS RE LA TED TO SOCIAL SER VICES REFORM. House committee substitute to the 2nd edition makes the following changes. Section 1 Changes the date by which the Department of Health and Human Services (DHHS) must establish seven regions for regional supervision of child welfare and social services and begin providing oversight and support to the regions, as required by SL 2017-41 (Rylan's Law), to March 1 . 2020 (was, March 1 . 2022). Clarifies that DHHS is to move forward with repurposing and redeploying staff pursuant to existing authority. Provides that the provisions of Section 1 prevail in the event they conflict with GS 143C-5-4, concerning the procedure for the enactment of the budget. Provides that the appropriations provisions remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time the Director of Budget must adjust allotments to give effect to that act from July 1 of the fiscal year. Makes all provisions of Section I effective July 1. 2019 (previously, the provisions were effective on the date the act becomes law, with the appropriations provision effective July 1, 2019). Section 2 Makes organizational and clarifying changes to proposed GS 108A-I33 and changes the statute's title. Additionally, makes the following changes. Changes the scope and requirements of the act to now require criminal history checks for all applicants for employment and all individuals wishing to volunteer in a child care institution, rather than limiting the requirement to employment positions which do not require the applicant to have an occupational license. Maintains that the requirement applies to both child care institutions and contract agencies of child care institutions. Modifies the criminal history check process, now requiring the child care institutions and contract agencies to request DPS to conduct the request under GS 143B- 968, as enacted, rather than GS 143B-939, only (previously, alternatively permitted a check by a private entity). Further changes the process, now providing for DHHS, Criminal Records Check Unit, rather than the child care institutions or contract agencies, to consider the seven specified factors in determining whether the individual should be recommended for hire or to volunteer, and to notify the child care institution or contract agency of whether the applicant should be hired or whether the individual should be allowed to volunteer. Maintains the requirements set forth for the Criminal Records Check Unit regarding notification of results and confidentiality. Prohibits DHHS from providing the record check results to the child care institution or contract agency. Makes a correction to the definition set forth for relevant offense to specify that the term covers convictions or indictments bearing upon the individual's fitness to have responsibility for the safety and well-being of children (was, of aged or disabled persons). Adds to the offense established, now making it a Class A1 misdemeanor for any applicant or individual wishing to volunteer to willfully furnish, supply, or otherwise give false information on an employment application that is the basis for a criminal history record check under the statute (previously, limited the scope to applicants for employment). Eliminates the liability provisions and instead provides the following. Grants limited civil liability to the Criminal Records Check Unit, child care institutions, contract agencies, and their officers or employees acting in good faith and in compliance with the statute who deny employment to an applicant or the opportunity to volunteer based on information provided in the criminal history record check. Additionally, provides civil immunity for child care institutions and contract agencies, and their officers and employees, who fail to check an applicant, employee, or volunteer's criminal history if the record check was requested and received in compliance with the statute. Makes further technical and conforming changes. Eliminates the proposed changes to GS 143B-939, concerning DPS authority to provide certain entities with criminal history checks. Instead, enacts GS I43B-968 to require DPS to provide DHHS. Criminal Records Check Unit the criminal history of any current or prospective employee or volunteer in a child care institution, including those working with a contract agency. https://lrs.sog.unc.edU/lrs-subscr-view/dailybulletin/2019-08-20# 1/11