General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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25 SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF
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27 13.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program overpayments and
28 all such overpayments shall be recouped in accordance with established collection policy. Funds of $800,000 collected under the Child
29 Support Enforcement Program (Title IV D) which are State Funds shall be remitted to the State Treasurer and credited to the General Fund
30 of the State. All state funds above $800,000 shall be retained by the Department to fund Self-Sufficiency and Family Preservation and
31 Support initiatives.
32 13.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the IV-D
33 Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered through the Internal
34 Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security Commission
35 and reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose. The Department
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1 of Social Services be allowed to utilize the State share of Federally required application fees, collected from Non-AFDC Non-TANF clients,
2 in the administration of the Child Support Enforcement Program. Such funds may not be expended for any other purpose. However, this
3 shall not include Child Support Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost
4 effective performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County levels
5 in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall not use Clerk of Court
6 incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate state governmental entity to further child
7 support collection efforts.
8 13.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one thousand
9 five hundred dollars per burial.
10 13.4. (DSS: Assistance Payments Client List) The names of persons benefitting from assistance payments under the several
11 programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations.
12 13.5. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child day care
13 facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional registrations to new
14 facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period no longer than a year and to grant or extend
15 provisional licenses, provisional approvals and provisional registrations to existing facilities covered under Articles II, III, and V of Act
16 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year.
17 13.6. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.
18 13.7. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be allocated through
19 contractual agreement to providers of this service. These appropriations may also be used for public awareness and contracted services
20 for victims of this social problem including the abused and children accompanying the abused. Such funds may not be expended for any
21 other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly for
22 the agency as a whole.
23 13.8. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees of the
24 Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from serving as court examiners.
25 13.9. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts receivable
26 in accordance with appropriate and applicable Federal regulations.
27 13.10. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated for the
28 payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or judicial review cases
29 arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult protective services cases under Section
30 43-29-5, et. seq. of the SC Code of Laws, (1976, as amended), shall only be paid in accordance with DSS policy which shall include limits
31 on awards and procedures for payment, in due consideration of the Agency's budgetary limitations and specific funds allocated for such
32 purposes. No other fees or costs associated with the above referenced cases shall be paid unless expressly authorized by statute, court rules
33 or DSS policy and provided that sufficient funds have been allocated for such purposes.
34 13.11. (DSS: TANF Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each fiscal
35 year from the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments general fund
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1 appropriations to the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments federal
2 account only for the purpose of allowing a sufficient cash flow in the federal account. The advance must be refunded no later than April
3 of the same fiscal year. Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher
4 for the funding of benefit checks.
5 13.12. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, grants, and
6 bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget and Control
7 Board. The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts.
8 13.13. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the Department may elect
9 to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified by the
10 Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code, or who would
11 qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify for General
12 Assistance. The Department shall contract with the Department of Mental Health to ensure that the payments of General Assistance to
13 persons who would not otherwise qualify except for this proviso shall be transferred to the Department from the appropriations made to
14 the Department of Mental Health.
15 13.14. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer System Project
16 (EBT) shall be used for the development, start-up, and evaluation of the system. The Department of Social Services is directed to proceed
17 with planning for the expansion of the use of the EBT system for other government benefits delivery, beginning with the Aid to Families
18 with Dependent children program. The agency shall submit a status report on the implementation of the system to the members of the
19 Senate Finance and House Ways and Means Committees by July 1, of the current fiscal year.
20 13.15. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the AFDC and Food
21 Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local county offices for emergency
22 and program operations. The remaining funds will be used by the Department to fund our Food Stamp Reinvestment Plan and other
23 program operations.
24 13.16. (DSS: TANF - Immunizations Certificates) The Department shall require all AFDC TANF applicants and/or recipients to
25 provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the Department shall
26 assist in referring applicants to appropriate county health departments to obtain the immunizations.
27 13.17. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the payment
28 of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et.
29 seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-35-10(9), et. seq. of the SC Code of
30 Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for
31 payment, in due consideration of the Agency budgetary limitations and specific funds allocated for such purposes. Provided further that
32 DSS shall pay up to a maximum hourly rate to Licensed Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and
33 Marriage Counselors of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum
34 hourly rate to Physicians of $125 for expert witness fees, to include travel time.
35 13.18. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976,
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1 as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation
2 fingerprint reviews for foster care families recruited, selected and licensed by the Department.
3 13.19. (DSS: County Directors' Pay) With respect to the amounts allocated to the Department of Social Services for Employee Pay
4 Increase in 63C.12 of this Act, the Department of Social Services is authorized to allot funds for pay increases to individual County
5 Directors and Regional Directors in classified positions without uniformity. Pay increases for DSS County Directors and Regional
6 Directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive Compensation
7 System and other non-academic unclassified employees. Any employees subject to the provisions of this paragraph shall not be eligible
8 for any other compensation increases provided in 63C.12 of this Act.
9 13.20. (DSS: Use of Funds Authorization) Department Investigative Units shall be authorized to receive and expend funds awarded
10 to these Units as a result of a donation, contribution, prize, grant, and/or court order. These funds shall be retained by the Department on
11 behalf of the Investigative Units and deposited in a separate, special account and shall be carried forward from year to year and withdrawn
12 and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, and/or court order, if specified,
13 and if not specified, as may be directed by the Director of the Department of Social Services. These accounts shall not be used to supplant
14 operating funds in the current or future budgets. The agency shall report to the Senate Finance Committee and Ways and Means
15 Committee by January 30 of the current fiscal year on the amount of funds received and how expended.
16 13.21. (DSS: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of Social
17 Services not duplicate services available at the Employment Security Commission and other state agencies. All state agencies are directed
18 to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the purpose of implementing the
19 Family Independence Act of 1995, and used to hire persons or procure services for employment training purposes, shall be reported to
20 the Governor to ensure duplication of services does not occur.
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