# Title 50 — Public Welfare

## Chapter 50-01.1 — Human Service Zones

### § 50-01.1-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Department" means the department of health and human services.
2. "Direct costs" means costs that are charged directly to the human service zone human
services fund. Direct costs are costs related directly to human service zone team
members or human service zone services, including compensation, fringe benefits,
and operating costs that are approved by the department and not identified by the
department as an indirect cost.
3. "Host county" means the county within the human service zone in which the human
service zone administrative office is located and in which the human service zone
team members are employed.
4. "Human service zone" means a county or consolidated group of counties
administering human services within a designated area in accordance with an
agreement or plan approved by the department.
5. "Human service zone director" means a human service zone team member who
oversees the human service zone's operation and budget and serves as presiding
officer of the human service zone board.
6. "Human service zone team member" means a county employee who is responsible for
administering or delivering human services under the direction of the human service
zone director.
7. "Human services" means:
a. A service or assistance provided to an individual or an individual's family in need
of services or assistance, including child welfare services, locally administered
economic assistance programs, medical service programs, and aging service
programs, to assist the individual or the individual's family in achieving and
maintaining basic self-sufficiency, including physical health, mental health,
education, welfare, food and nutrition, and housing.
b. A service or assistance provided, administered, or supervised by the department
in accordance with chapter 50-06.
c. Licensing duties as administered or supervised by the department or delegated
by the department to a human service zone.
8. "Indirect costs" means salaries, benefits, and operating costs incurred in providing
those goods and services to support human services that are generally available for
the common benefit of multiple county agencies which are not identified by the
department as a direct cost. Indirect costs include legal representation; facilities and
related costs, such as utilities, maintenance, remodeling, construction, and
improvement costs; administrative support including payroll, accounting, banking, and
coordination; information technology support and equipment; and miscellaneous
goods and services, such as transportation, supplies, insurance coverage, phone, and
mail services. Indirect costs may not include non-space and non-facility costs and
expenses that are exclusively attributable to the human service zones.
9. "Locally administered economic assistance programs" means those primary economic
assistance programs that need to be accessible to all citizens of the state through a
human service zone office and include:
a. Temporary assistance for needy families;
b. Employment and training programs;
c. Child care assistance programs;
d. Medical assistance, including early periodic screening, diagnosis, and treatment;
e. Supplemental nutrition assistance programs, including employment and training
programs;
f. Refugee assistance programs;
g. Basic care services;
h. Energy assistance programs; and

i. Information and referral.
### § 50-01.1-02. Creation of human service zones.

1. In order to provide optimum service, reduce program costs, and benefit recipients of
human services within this state, counties shall combine and consolidate their county
agencies into human service zones in the manner provided in this chapter.
2. Human service zones succeed to all the powers and duties enumerated for county
agencies and shall perform all the functions and responsibilities assigned to county
agencies by this title. When consistent with this chapter, all provisions relating to
county agencies contained in this title apply to and govern human service zones.
3. Counties shall identify other counties with which to enter a human service zone
agreement, and together the board of county commissioners shall file with the
department a written agreement to create a human service zone. The agreement must
identify the proposed counties of the human service zone, host county, identify the
human service zone board members, proposed effective date, and agree to seek
approval from the department regarding hiring or dismissal of human service zone
employees. The department shall review and approve all agreements in accordance
with section 50-01.1-03. The department may modify the agreements as specified in
section 50-01.1-03 or if some of the counties are not included in a human service
zone. The board of county commissioners shall submit a plan as prescribed in section
### § 50-01.1-04. The department shall approve the plan in accordance with section

shall provide quarterly updates as requested by the department to the department
after the agreement is approved until the plan is submitted as requested. If counties do
not submit an agreement or plan or if the agreement or plan is rescinded or terminated
by the constituent counties or by the department pursuant to section 50-01.1-02,
50-01.1-04, or 50-01.1-08, the department shall create the human service zone. The
department shall establish the date the approved agreement or plan takes effect.
4. The agreement and proposed plan must be approved or disapproved by the
department in accordance with section 50-01.1-03.
5. A county with a population exceeding sixty thousand individuals according to the 2010
United States census may submit an agreement and proposed plan to operate as a
single human service zone or to consolidate with other counties into a human service
zone.
6. Counties shall consider leveraging existing cooperative agreements between county
agencies and shall consider how to collaborate to best meet local need, promote
efficiency, service delivery, and ensure quality service.
7. Counties' plan must allow nonresidents of the participating counties of a human
service zone to access human services.
8. Counties' plan must continue to provide funding for indirect costs associated with the
service delivery of human services pursuant to chapter 50-35.
9. Counties' plan must set forth that the human service zone director may hire and
impose disciplinary actions on a human service zone team member. The counties' plan
must specify any role transitions for human service zone team members as well as the
procedures for team member grievances, appeals, and disciplinary actions. The
counties' plan must also permit the department authority to reduce full-time equivalent
positions in combination with a transfer of the positions or a human service zone team
member's separation from employment. The component of the plan developed under
this subsection must be consistent with merit system requirements, chapter 54-44.3
and corresponding rules, and the template developed by the department for the
human service zone plans under section 50-06-01.4.
10. The counties' plan must specify that reductions in access points may only be made
with agreement of the human service zone board, the county commissions of affected
counties, and the department.
11. The counties' plan must include information regarding the human service zone's
liability coverage for the human service zone board, human service zone director,

human service zone team members, human service zone property, and any unique
contractual relationships with the state, other human service zones, or other entities.
12. Counties' plan must include a statement of agreement between the human service
zone and the department allowing for review of proposed transfers of staff from the
human service zone to the department, from the department to the human service
zone, or among other human service zones. Approval by human service zone board or
the county commissions is not required.
13. Counties' plan must include a description of all unique locally provided programs and
services that the counties are proposing to continue to provide within the human
service zone and to be funded under this plan.
14. Counties' agreement and plan must set forth the membership of the human service
zone board of a human service zone. The human service zone board may not consist
of more than fifteen members, as determined by the boards of county commissioners.
### § 50-01.1-02.1. Financial incentives for creation of multicounty social service districts.

Repealed by S.L. 2019, ch 391, § 139.
### § 50-01.1-03. Manner of determination.

1. In determining whether the creation of a human service zone should be approved or
established, the department shall refer to, among other pertinent factors, the following:
a. Whether the affected county agencies are able to supply an adequate level and
quality of human, social, and economic assistance services.
b. The number and qualifications of staff personnel serving the affected county
agencies.
c. The ratio of the number of cases handled by the affected county agencies to the
number of their staff personnel.
d. The geographical area and population served by the affected county agencies.
e. The distance of recipients from the affected county agencies.
f. The benefits that would be realized from the creation of the human service zone
in terms of lower costs, increased availability of services, new services, and
improvement of services.
g. The amount of current and future access points for individuals to apply for and
receive services within a human service zone.
h. The existing pattern of the counties trade area and any regional pattern
established by the department.
i. Whether the county has a population exceeding sixty thousand individuals
according to the 2010 United States census to operate as a single human service
zone and whether it is in the best interest of the neighboring counties.
j. The maximum number of human service zones created may not exceed
nineteen.
k. Whether the human service zone director can adequately supervise the activities
and operations of the human service zone.
l. Whether the human service zone board is constituted of individuals that represent
the population of the human service zone.
m. Budget impact.
n. Other good cause.
2. The department has final approval of a human service zone. The department may
establish or modify a human service zone based on the criteria set forth in
subsection 1. All human service zones must be initially approved or established by
January 1, 2020, and may be rescinded or terminated pursuant to section 50-01.1-02,
50-01.1-04, or 50-01.1-08, modified thereafter by the department, or approved by the
department through a process developed by the department and in accordance with
section 50-01.1-02.

### § 50-01.1-04. Plan - Financing - Human service zone board.

1. A plan for the creation of a human service zone must describe the method of operation
of the human service zone office, its administration, its location and the location of any
ancillary offices, the disbursements from public funds, and the accountability for funds
and manner of reporting receipts and disbursements. The plan must provide for the
distribution of property owned by each of the county agencies affected by the
consolidation and for the method of resolution of any disagreement between the
boards of county commissioners involved in the human service zone or between the
governing board and one or more boards of county commissioners. The plan must
also require the participating counties to participate in the indirect cost allocation plan.
The plan, once approved, may be continued for a definite term or until rescinded,
terminated, or modified by the department or approved by the department through a
process developed by the department and in accordance with section 50-01.1-02.
2. The human service zone director shall prepare a proposed budget for the human
service zone at the time and in the manner as requested by the department and shall
submit the department-approved proposed budget to the board of county
commissioners of each county in the human service zone for review. The board of
county commissioners may not take any action to amend or modify the amount
approved by the department. The board of county commissioners may make
recommendations to the human service zone director and the department to amend or
modify the amount proposed or budgeted. The amount budgeted must be sufficient to
defray the anticipated expenses of administration and the delivery of human services.
Within ten days following review of the proposed budget by the boards of county
commissioners, the human service zone director shall certify the budget to the
respective county auditors of the counties in the district. Each board of county
commissioners also shall budget and approve amounts sufficient to defray that
county's anticipated indirect costs of the human service zone. Indirect costs of the
human service zone may not become direct costs without written approval of the
department. Counties may not direct bill human service zones or the department as
counties will receive reimbursement of costs through the indirect cost plan and any
other expense incurred by the human service zone must be incurred through the
human service zone's approved budget. The amounts budgeted, reviewed, and
approved by the several boards of county commissioners or the department, or both
must be periodically deposited with the treasurer of the host county in which the
human service zone office is located and must be placed in a special human service
zone human services fund. Indirect cost payments received by the human service
zone are not required to be deposited in the special human service zone human
services fund. The human service zone's income must be deposited into the human
service zone human services fund by the treasurer of the host county. The human
service zone board shall establish procedures for the review and approval of all claims
against the human service zone human services fund. The human service zone
director or designee shall approve or ratify all claims against the human service zone
human services fund. The county treasurer of the host county, shall pay approved or
ratified claims from the human service zone human services fund. Unexpended human
service zone human services funds remaining at the end of a fiscal year may be
carried over to the next fiscal year pursuant to section 50-35-05. The department may
recalculate and adjust each human service zone's payment based on pertinent factors,
which include actual expenditures over the prior or current payment period, current
costs, offered services, need, income, performance of duties directed or assigned and
supervised by the department, and caseload.
### § 50-01.1-05. Duties of human service zone.

The human service zone shall, under the direction and supervision of the department,
unless otherwise directed or determined by the department:
1. Supervise and direct all human services activities conducted by the human service
zone, including general assistance or other public assistance.

2. Supervise and administer human services in the human service zone which are
financed in whole or in part with funds allocated or distributed by the department.
3. Aid and assist in every reasonable way to efficiently coordinate and conduct human
services activities within the human service zone by private as well as public
organizations.
4. Subject to subsection 16 of section 50-06-05.1, administer the supplemental nutrition
assistance program in the human service zone in conformity with the Food Stamp Act
of 1964, and enter an agreement for administering the supplemental nutrition
assistance program with the department.
5. Subject to subsection 18 of section 50-06-05.1, administer the home energy
assistance program in the human service zone and enter an agreement for
administering the home energy assistance program with the department.
6. Charge and collect fees and expenses for services provided by the human service
zone's staff in accordance with policies and fee schedules adopted by the department.
7. Supervise and administer designated child welfare services.
8. Supervise and administer human services.
9. Supervise and administer replacement programs with substantially similar goals,
benefits, or objectives.
10. If applicable, supervise and administer experimental, pilot, statewide, regional, or
transitional programs under the director of the department and with the goals of
enhancing quality, effectiveness, and efficiency of programs and services.
11. Cooperate with the department or other human service zones in revising human
service zone operations to reflect department guidelines or best practices that may be
based on recommendations from experimental or pilot programs.
12. Cooperate with any other human service zone to assure the conduct of initial and
ongoing human services with respect to any applicant or eligible beneficiary who is
physically present in a human service zone other than the human service zone of
which the applicant or eligible beneficiary is a resident.
13. Employ a human service zone director who shall serve as the presiding officer of the
human service zone board.
14. Collaborate with the department and other human service zones to ensure the
provision of quality, effective, and efficient human services to the citizens of North
Dakota.
### § 50-01.1-06. Human service zone directors.

Human service zone directors:
1. Must be employees of the human service zone.
2. Shall serve as the presiding officer of the human service zone board.
3. May serve one or more human service zones.
4. May hire, take disciplinary actions, and direct the work of a human service zone team
member in accordance with the department's policies. The human service zone
director has discretion to hire or separate from employment a human service zone
team member, on behalf of the human service zone board, subject to the allotted
number of approved and funded staff positions by the department.
5. Shall notify the department and appropriate host county staff, as directed by the
county commissioners, regarding the hiring, dismissal, demotion, suspension without
pay, forced relocation within the human service zone, reduction-in-force, or reprisal of
a human service zone team member.
6. May notify county commissioners, the human service zone board, or other appropriate
county staff regarding transfers of staff between the county and the department.
7. Shall establish, as agreed upon by the department, equitable compensation and salary
increases for all human service zone team members within established appropriation.
8. Shall develop a budget for the human service zone in partnership with the department
and other human service zone directors to ensure the administration of human
services.

9. May serve as a designee of the department to supervise department employees
assigned to or located within the human service zone.
10. Are the custodian designees of the commissioner of the department for any child in the
custody of the department.
### § 50-01.1-07. Human service zone and department may contract.

A human service zone and department may contract with another human service zone or
any other public or private person to discharge any of its duties or exercise any of its powers to
administer human services.
### § 50-01.1-08. Standards of administration - Action upon failure to administer.

1. The department shall adopt standards for administration for human services and shall
provide training for the implementation of those standards. Each human service zone
shall provide for administration of human services that meet those standards.
2. The department shall develop a system of progressive discipline to address
performance issues within the human service zone, including a grievance process.
The system shall reserve the most serious actions for severe or chronic failure to meet
the standards adopted under subsection 1.
3. The department shall provide ongoing performance notifications to the human service
zone board and human service zone director related to the overall compliance with the
standards of administration.
4. If a human service zone fails to provide for administration of human services that meet
the standards adopted under subsection 1, the department may take any of the
following actions:
a. Provide training to the persons responsible for administration.
b. Require the human service zone to prepare and implement a corrective action
plan.
c. Rescind, terminate, or modify a human service zone, agreement, or plan which
may include requiring the reconstituting of the human service zone board or
rehiring of a human service zone director as part of a new or modified agreement
or plan.
d. Recalculate and adjust the human service zone's payments.
e. Recommend disciplinary action to the human service zone director or the human
service zone board.
### § 50-01.1-09. Human service zone director hiring.

The department must be an active participant in the hiring process of the human service
zone director and shall designate at least two individuals to participate on the interview panel.
The department shall approve or disapprove of the recommendation for the human service zone
director from the human service zone board and interview panel before the human service zone
board takes action to hire the human service zone director.
### § 50-01.1-10. Human service zones accepting gifts and donations.

A human service zone shall secure, hold, and administer for the purpose for which the
human service zone is established any property and any funds donated to the human service
zone either by will or deed, or otherwise, or through court order or otherwise available to the
human service zone, and to administer the funds or property in accordance with the instructions
in the instrument creating the funds or property or in accordance with the instructions in the
court order or otherwise. Property and funds received by a human service zone under this
section are not considered income to the human service zone.
