General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 435
1 13.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program overpayments and
2 all such overpayments shall be recouped in accordance with established collection policy. Funds of $800,000 collected under the Child
3 Support Enforcement Program (Title IV D) which are State Funds shall be remitted to the State Treasurer and credited to the General Fund
4 of the State. All state funds above $800,000 shall be retained by the Department to fund Self-Sufficiency and Family Preservation and
5 Support initiatives.
6 13.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the IV-D
7 Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered through the Internal
8 Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security Commission and
9 reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose. The Department of
10 Social Services be allowed to utilize the State share of Federally required application fees, collected from Non-AFDC Non-TANF clients, in
11 the administration of the Child Support Enforcement Program. Such funds may not be expended for any other purpose. However, this
12 shall not include Child Support Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost
13 effective performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County levels
14 in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall not use Clerk of Court
15 incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate state governmental entity to further child
16 support collection efforts.
17 13.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one thousand
18 five hundred dollars per burial.
19 13.4. (DSS: Assistance Payments Client List) The names of persons benefitting from assistance payments under the several
20 programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations.
21 13.5. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child day care
22 facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional registrations to new
23 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
24 provisional licenses, provisional approvals and provisional registrations to existing facilities covered under Articles II, III, and V of Act
25 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year.
26 13.6. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.
27 13.7. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be allocated
28 through contractual agreement to providers of this service. These appropriations may also be used for public awareness and contracted
29 services for victims of this social problem including the abused and children accompanying the abused. Such funds may not be expended
30 for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly
31 for the agency as a whole.
32 13.8. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees of the
33 Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from serving as court
34 examiners.
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 436
1 13.9. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts receivable in
2 accordance with appropriate and applicable Federal regulations.
3 13.10. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated for the
4 payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or judicial review cases
5 arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult protective services cases under Section 43-
6 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 on
7 awards and procedures for payment, in due consideration of the Agency's budgetary limitations and specific funds allocated for such
8 purposes. No other fees or costs associated with the above referenced cases shall be paid unless expressly authorized by statute, court rules
9 or DSS policy and provided that sufficient funds have been allocated for such purposes.
10 13.11. (DSS: TANF Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each fiscal
11 year from the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments general fund
12 appropriations to the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments federal
13 account only for the purpose of allowing a sufficient cash flow in the federal account. The advance must be refunded no later than April of
14 the same fiscal year. Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for
15 the funding of benefit checks.
16 13.12. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, grants, and
17 bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget and Control
18 Board. The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts.
19 13.13. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the Department may elect
20 to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified by the
21 Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code, or who would
22 qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify for General
23 Assistance. The Department shall contract with the Department of Mental Health to ensure that the payments of General Assistance to
24 persons who would not otherwise qualify except for this proviso shall be transferred to the Department from the appropriations made to the
25 Department of Mental Health.
26 13.14. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer System
27 Project (EBT) shall be used for the development, start-up, and evaluation of the system. The Department of Social Services is directed to
28 proceed with planning for the expansion of the use of the EBT system for other government benefits delivery, beginning with the Aid to
29 Families with Dependent children program. The agency shall submit a status report on the implementation of the system to the members of
30 the Senate Finance and House Ways and Means Committees by July 1, of the current fiscal year.
31 13.15. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the AFDC and Food
32 Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local county offices for emergency
33 and program operations. The remaining funds will be used by the Department to fund our Food Stamp Reinvestment Plan and other
34 program operations.
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 437
1 13.16. (DSS: TANF - Immunizations Certificates) The Department shall require all AFDC TANF applicants and/or recipients to
2 provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the Department shall
3 assist in referring applicants to appropriate county health departments to obtain the immunizations.
4 13.17. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the payment of
5 court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et. seq.
6 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 Laws,
7 1976, as amended, shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for payment, in
8 due consideration of the Agency budgetary limitations and specific funds allocated for such purposes. Provided further that DSS shall pay
9 up to a maximum hourly rate to Licensed Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage Counselors
10 of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to Physicians
11 of $125 for expert witness fees, to include travel time.
12 13.18. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws,
13 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation
14 fingerprint reviews for foster care families recruited, selected and licensed by the Department.
15 13.19. (DSS: County Directors' Pay) With respect to the amounts allocated to the Department of Social Services for Employee Pay
16 Increase in 63C.12 of this Act, the Department of Social Services is authorized to allot funds for pay increases to individual County
17 Directors and Regional Directors in classified positions without uniformity. Pay increases for DSS County Directors and Regional
18 Directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive
19 Compensation System and other non-academic unclassified employees. Any employees subject to the provisions of this paragraph shall
20 not be eligible for any other compensation increases provided in 63C.12 of this Act.
21 13.20. (DSS: Use of Funds Authorization) Department Investigative Units shall be authorized to receive and expend funds awarded
22 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
23 behalf of the Investigative Units and deposited in a separate, special account and shall be carried forward from year to year and withdrawn
24 and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, and/or court order, if specified,
25 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
26 operating funds in the current or future budgets. The agency shall report to the Senate Finance Committee and Ways and Means
27 Committee by January 30 of the current fiscal year on the amount of funds received and how expended.
28 13.21. (DSS: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of
29 Social Services not duplicate services available at the Employment Security Commission and other state agencies. All state agencies
30 are directed to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the purpose of
31 implementing the Family Independence Act of 1995, and used to hire persons or procure services for employment training purposes,
32 shall be reported to the Governor to ensure duplication of services does not occur.
33 13.22. (DSS: Adolescent Pregnancy Prevention) The Department must allocate $10,500,000 of the 1997-98 surplus federal
34 TANF program funds to the County Grants Fund for Adolescent Pregnancy Prevention Initiatives, to be distributed in equal amounts
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 438
1 over a three year period beginning in FY 1998-99 in accord with Title 44, Chapter 122 of the 1976 SC Code of Laws as amended by
2 Part II, Section 47 of this Act.
3