Adult Services Committee Minutes - February 9, 2005

ADULT SERVICES COMMITTEE

2/9/05

10:00 AM

Albert Coates Building

Agenda

Call to Order

Discussion: Judy Pelt called Meeting to order at 10:00 AM, Co-Chair.

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Introductions

Discussion: The following persons were in attendance: Bill Duke, Mary Ann Mehan, Alfreda Stout, Charlene Hill, Jan Elliott, John Carroll, Judy Pelt, Renee Bynum, Paul Polinski, Jackie Williams, Sheri Slater, C. Ed Moss, Susan York, Angela Ericson, Carol Wright, Suzanne Merrill, Kate Walton, Laura S. Cockman, Rosalyn Pettyford, John Margolis, Karen Wilson, Pamela Nelms, Nancy Warren, Robbin Grantham, Evelyn Johnson, Jack Jones, and Wayne Mullis.

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Approval of January, 2005 Minutes

Discussion: The minutes of January 12, 2005 were approved with the following correction: the consumer contribution policy rules will be presented to the Social Services Commission in March. It also did not appear that the Committee had endorsed the consumer contribution policy. After discussion, Karen Wilson made a motion to endorse the policy, which was seconded by Bill Duke and carried.

Conclusions: the committee endorsed Consumer Contribution Policy.

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Proposed APS and Guardianship Manual Changes

Rosalyn Pettyford

Discussion: During the 2004 Session, the General Assembly ratified House Bill 281 that made changes to North Carolina General Statute 35A. Changes are being made to Section 6610 of Chapter VIII of the Adult and Family Services Manual to incorporate these changes. Section 6610, Recommendation of Who Should Be Appointed Guardian, has been revised to authorize the clerk of superior court to appoint nonresidents of North Carolina to serve as guardians of the estate and general guardians. Section 6610, Removal and Resignation of Guardian; Estates Without Guardians, has been revised to allow the clerk of superior court to remove a guardian who is a nonresident of the State who refused or fails to obey any citation, notice, or process served on the guardian or the guardian's process agent. Section 6610, Emergency Removal; Interlocutory Orders, has been revised to allow the clerk of superior court to remove a guardian without a hearing if the clerk finds reasonable cause to believe an emergency exists that threatens the physical well-being of the ward of constitutes a risk of injury to the ward's estate. Section 6610, Social Work Guidelines, has been revised to include reference to the revised form AOC-SP-200 and guidance on the use of the Guardianship Capacity Questionnaire (AOC-SP-208). The following changes are also being recommended to Section 6510, Chapter VII of the Adult and Family Services Manual: replace the words “regional office” with the words “Adult Program Representative”, add language to social work practice guidelines (pg. 35) on interlocutory orders, move language in social work practice guidelines regarding who can consent to the provision of Adult Protective Services from page 31 to page 34, remove language in social work practice guidelines pertaining to judicial commitments as a method of service provision.

Conclusions: Upon motion of Sheri Slater and second of C. Ed Moss, the committee endorsed the proposed changes to Chapter VIII. Upon motion of Bill Duke and second of Sheri Slater, the committee endorsed the proposed changes to Chapter VII.

Action items: Rosalyn Pettyford strongly recommended that county DSS staff have a conversation with the clerk of court regarding the changes in the General Statutes and the new recommended forms.

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APS Law Interpretation

Suzanne Merrill

Discussion: DISCUSSION POSTPONED

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APS Task Force tools pilot

Suzanne Merrill

Discussion: A Dear County Director letter should be sent to counties very soon to share the APS new and revised tools. The letter will invite departments of social services to participate in piloting the tools. The tools will be interactive. The Division in the months of March, April, and May will provide training and technical assistance. The pilot will run from June 1, 2005 through August 31, 2005. Pilot counties will be expected to pilot all of the tools. The Division plans to make the tools available to all counties in the fall of 2005.

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Aging Commission Recommendation

Judy Pelt/Suzanne Merrill

Discussion: The committee reviewed the recommendations from the Aging Study Commission in order to recommend to the Executive Board of the NCACDSS those that the committee feels the association should support.

Conclusions: Those selected (in order of importance) are #10, #8, #6, #12, #13, and #3. A copy of this recommendation is attached.

Action items: Judy Pelt will share the committee's recommendations with the Executive Board of NCACDSS.

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Other Topics of Interest

Discussion: The committee discussed an issue with bonding for family members who are willing to serve as guardian. Rosalyn Pettyford stated that this was an issue all over the state. She has spoken with AOC and the suggestion has been made to request the court to make attorneys guardian of the estate, as the insurance companies are willing to bond attorneys.

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Adjourn

Discussion: There being no further business, the meeting was adjourned at 12:15 PM.

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Additional Information