53-2-811. Transfer of county public assistance and protective services to the state -- reassumption of responsibility. (1) All responsibility of a county for public assistance and protective services for children and adults pursuant to Titles 41 and 53 may be transferred to the department of public health and human services, except that the county attorney shall continue to provide legal assistance and representation for the purposes of adult and child protective services without charge and all debts and obligations incurred prior to the effective date of state assumption continue as the responsibility of the county.
     (2) The board of county commissioners, after public hearing, may by resolution or ordinance transfer to the department of public health and human services all powers and duties for public assistance and protective services for children and adults, including the selection, supervision, and termination of staff personnel associated with the performance of these activities. Upon the effective date of the transfer, the department of public health and human services shall assume all powers and duties related to public assistance and protective services and accorded by law to the county welfare department. If the notice required in subsection (3) is given, the transfer is effective at the start of the next state fiscal year.
     (3) Counties opting for state assumption shall notify the department of public health and human services by October 1 if the county wishes to change its status on the following July 1. A county that has opted for state assumption prior to July 1, 1995, may reassume responsibility for public assistance and protective services on July 1, 1996, if the county notifies the department prior to September 30, 1995.
     (4) Counties opting for state assumption shall permit the department of public health and human services to use the same facilities currently occupied by the county department or substantially equal facilities, with fair rental value for the facilities to be paid by the department. Counties opting for state assumption shall transfer to the department all materials, equipment, and supplies used in the operation of the county department and which were paid for in whole or in part with federal or state funds.

     History: En. Sec. 3, Ch. 651, L. 1983; amd. Sec. 24, Ch. 670, L. 1985; amd. Sec. 82, Ch. 609, L. 1987; amd. Sec. 21, Ch. 561, L. 1993; amd. Sec. 425, Ch. 546, L. 1995.