Title 49, Chapter 5, Section 7
( 49-5-7)
(a) The department is designated the exclusive state agency: (1) For development and administration of a comprehensive state
plan and program providing public child welfare and youth services
provided for in Title IV, Part B, of the federal Social Security
Act; (2) For administering, supervising, and discharging all duties
required by any other act of Congress and any amendments thereto
that may now or hereafter allot federal funds for public child
welfare and youth services coming within the scope of this
article; (3) For administering and supervising local administration of
public child welfare and youth services provided for in this
article; and (4) For receiving and expending on behalf of the state all funds
which now or hereafter may become available or allotted to this
state by virtue of any appropriation or act of Congress or
regulation of the federal government, its agencies, and
instrumentalities or be appropriated by the General Assembly for
public child welfare and youth services to be administered by the
department as provided for in this article. The department is
authorized to use so much of funds as may be appropriated by the
General Assembly for the purpose of matching federal grants for
public child welfare and youth services provided for in this
article as may be necessary to secure such grants, derive full
advantage to the state of benefits contemplated under the terms of
such grants, and comply with the terms of such grants. (b) County or district departments are designated the local public
agencies to administer locally the state plan and program for public
child welfare and youth services to be developed in accordance with
paragraph (1) of subsection (a) of this Code section and other
public child welfare and youth services provided for in this article
and shall administer them in accordance with rules and regulations
to be established by the board. The department shall aid, assist,
supervise, coordinate, and direct the administering of such public
child welfare and youth services by county or district departments
and enforce the rules and regulations of the board in regard
thereto. (c) The cost of all child welfare benefits and services and the cost
of administration thereof, authorized by this article, shall be met
from such funds as shall be made available therefor from federal and
state appropriations. No county shall hereafter be required to
participate in the cost of any child welfare benefit or service or
in the cost of administration thereof. For the purpose of this
subsection, "cost of administration" means salaries and traveling
expenses of the county or district director and other employees of
the staff of the county or district department engaged in the
performance of child welfare and youth services provided for under
this article. (d) Public child welfare and youth services similar to those to be
provided by the department under this article and pursuant to Title
IV, Part B, of the federal Social Security Act shall, by cooperative
agreement or contract by and between the Department of Human
Resources and county or district departments of family and children
services be made available to recipients of and persons who have
been or are likely to become recipients of assistance under the
temporary assistance for needy families program provided for in
Article 5 of Chapter 4 of this title and related federal laws, to
include foster home care and other child care referred to in Section
408 of Title IV of the federal Social Security Act. The department
is designated the "state public welfare agency" referred to in
Sections 408(a) and (f) and 421 of Title IV of the federal Social
Security Act. (e) The commissioner shall, in developing and administering the
state plans and programs referred to in paragraph (1) of subsection
(a) and in subsection (d) of this Code section, provide by
cooperative agreement and contract where necessary for coordination
of such plans and programs with a view toward providing welfare and
related services on a comprehensive basis that will best promote the
welfare of children and youths and their families and best
effectuate and coordinate effective implementation and
administration of both such plans and programs at the local level of
administration. (f) Nothing in this article is intended to conflict with any federal
law or result in loss of eligibility of the department or any other
department of state government to any federal funds. In case such a
conflict or loss of federal funds should occur by virtue of
enactment of any portion of this article, then such portion of this
article in conflict with such federal law or otherwise causing loss
of such funds is declared to be of no effect and void. The board is
authorized and empowered in such event to take such action as may be
necessary and to effect such changes within the department as may be
necessary to prevent loss of such funds to the department or any
other department of state government affected and to secure to the
same the full benefit of the federal laws. |