Since March 2019, North Carolina counties have had authority to voluntarily join together to create regional departments of social services (DSS). Session Law 2017-41, Part IV. However, to date, no North Carolina counties have opted to form a regional DSS. Over the past year, I’ve received more questions from counties interested in exploring this model. This post explains the legal structure and authority of a regional DSS, the formation and dissolution of regional departments, and the composition and appointment of a regional board of social services.
Before I dive into discussing the regional DSS model, I want to be clear that this is a different topic from a conversation happening in North Carolina about the possibility of state centralization of social services administration. Some readers may be aware that the recently enacted Session Law 2026-1 requires the Office of State Budget and Management (OSBM) to contract with a third-party organization to study the advantages, disadvantages, and logistics of having the NC Department of Health and Human Services (DHHS) administer all federally and state mandated social services programs. By June 30, 2027, OSBM and DHHS are required to report on findings and recommendations from the study to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid, Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division. This blog post does not discuss the potential for centralized state administration of social services, but rather, focuses on one model already available to counties for regionalized county administration of social services.
Structure and Authority of Regional Departments of Social Services
Like district health departments, which are also composed of multiple counties, a regional DSS is a separate legal entity from the counties involved. Specifically, a regional DSS is a “public authority.” G.S. 108A-15.7(g); G.S. 159-7(b)(10). This means that a regional DSS is a special-purpose local government entity, subject to many of the same laws that apply to county departments (e.g., laws relating to public records, open meetings, and financial management), but is not a county department or a unit of local government and has no power to levy taxes. A regional DSS has its own director, governing board, staff, and budget—all separate from the counties that have formed the regional DSS. Neither the regional director nor the director’s staff would be county employees.
A regional DSS is required to have centralized administrative operations that are geographically located in one county but must also maintain a physical presence for delivering social services in every county served by the region. State law allows regional social services departments to include more than one judicial district but requires counties to “make every effort” to include complete judicial districts in a single regional DSS (rather than dividing a judicial district between departments). See G.S. 108A‑15.7(d),(e).
The regional social services director, who must be appointed by the regional board of social services, has all the powers and duties of a county director of social services with respect to the services or programs that have been assigned to the regional DSS. G.S. 108A- 15.8(a), 15.10. This includes the authority to hire and supervise staff of the regional DSS. The director also has authority to enter into other contracts on behalf of the regional DSS in accordance with the Local Government Finance Act.
Formation and Financing of a Regional Department of Social Services
A regional DSS may be formed upon mutual agreement of each of the county boards of commissioners involved. G.S. 108A-15.7(a). If a county has an appointed county board of social services or consolidated human services board in place, that board must also agree (along with the county commissioners) for the county to join the formation of the new regional DSS. Likewise, for a county to join an existing regional DSS, mutual agreement of all involved boards of commissioners is required, along with agreement from the county board of social services or consolidated human services board in place in the county seeking to join the regional DSS (if applicable). G.S. 108A-15.7(c).
A regional social services department may incorporate all social services programs offered by the county departments of social services or it may include only a selected subset of programs and services. G.S. 108A-15.7(b). For example, a regional DSS could focus exclusively on adult services, public assistance programs, child welfare services, or child support enforcement. If the regional DSS does not incorporate all social services programs that must be provided by counties, then each county in the region must continue to operate its own department (either a county DSS or a consolidated human services agency, along with its own governing board and director) to offer the mandated programs and services not provided by the regional DSS. If a regional DSS did incorporate all mandated programs and services offered by the county departments, however, the individual county departments would no longer need to continue to exist.
Each county that joins a regional DSS is required to contribute to it financially. G.S. 108A-15.7(f). Counties that choose to create or join a regional DSS must enter into a written agreement with one another regarding their respective financial responsibilities. This agreement must establish the amount or method in which each county will appropriate funds to the department for (1) the administration of social services and public assistance programs, (2) the county share of public assistance programs, and (3) any recoupments following fiscal or program monitoring or audit findings. 10A N.C.A.C. 67A .0301. Though every county must contribute financially to a regional DSS, counties have flexibility as to how they allocate financial responsibilities amongst themselves.
Regional Boards of Social Services
Like a district health department, a regional DSS would have its own regional governing board. Known as a regional board of social services, this board would have the same powers and duties as a county board of social services (see, e.g., G.S. 108A-9) with respect to the services or programs that have been assigned to the regional DSS, including appointing the regional DSS director. The regional board must include at least twelve members but may be increased up to a total of eighteen members by agreement of all boards of commissioners for counties making up the regional DSS. G.S. 108A-15.8(a)-(b). A regional board of social services must meet at least quarterly. A majority of the actual membership, excluding vacancies, constitutes a quorum for purposes of conducting business as a board. G.S. 108A-15.8(h), (k).
Appointment Authority. The appointment authority for a regional board of social services, found in G.S. 108A-15.8(c), is similar to the appointment authority for a county board of social services.
- The board of commissioners of each county in the region appoints two members, one of whom may be a county commissioner. If more than eight counties join the regional DSS, the board of commissioners of each county in the region appoints only one member to the regional board (who may be a county commissioner).
- The state Social Services Commission appoints two members.
- The seated members of the regional social services board appoint members to fill any remaining vacancies.
The composition of the board must reasonably reflect the population makeup of the region and provide equitable region-wide representation. All members are required to be residents of the region.
Vacancies on the Board. As with county social services boards, a vacancy on a regional board of social services leaving an unexpired portion of a term must be filled by the appointing authority that appointed the board member who died, resigned, or was removed from the board. G.S. 108A-15.8(f). For example, if a board member appointed by the Social Services Commission resigns, the Commission is the sole entity with authority to appoint another board member to fill that vacant seat for the remainder of the unexpired term. The term of an individual appointed to fill a vacancy lasts only as long as the unexpired term of the board member who vacated the seat on the board.
Terms and Term Limits. Members of a regional board of social services serve three-year terms. G.S. 108A-15.8(d). When a regional social services board is first formed, term lengths must be staggered: two of the original members must serve one-year terms, another two original members must serve two-year terms, and the remainder of the original members serve regular three-year terms. A member may not serve more than three consecutive three-year terms on a regional board of social services. A county commissioner member may serve on the regional social services board only as long as the member is a county commissioner (this is different from appointed county DSS boards, where a county commissioner’s term on the board is not tied to or affected by the individual’s tenure or term as a county commissioner).
Removal of a Board Member. Authority to remove a board member from an appointed county DSS board rests with the entity that appointed the board member. By contrast, state law vests all authority to remove a regional social services board member in the regional board of social services itself. G.S. 108A-15.8(i). After giving a board member written notice and an opportunity to respond, the regional board of social services may remove the board member if the member has
- committed a felony or other crime involving moral turpitude;
- violated a state law governing conflicts of interest;
- violated a written policy adopted by the county board of commissioners of each county in the region;
- habitually failed to attend meetings; or
- engaged in conduct that tends to bring the office into disrepute.
Retaining an Attorney and Purchasing Liability Insurance. A regional board of social services is authorized to contract for the services of an attorney to represent the board, the regional DSS, and the regional department’s employees. A regional board of social services is also authorized to provide liability insurance for the members of the board and the employees of the regional DSS (including the director). The purchase of liability insurance waives governmental immunity for both the regional board of social services and the regional DSS, to the extent of insurance coverage, for any act or omission occurring in the exercise of a governmental function. G.S. 108A-15.8(l).
Dissolving or Withdrawing From a Regional DSS
If the board of commissioners of each county in the region determines that the regional DSS is not operating in the best interests of the respective counties, they may direct that the regional DSS be dissolved. G.S. 108A-15.9(a). Likewise, an individual county may withdraw from the regional DSS if its board of commissioners determines that the department is not operating in the best interests of that county. G.S. 108A-15.9(b). DHHS must be notified in writing before a regional DSS is dissolved. G.S. 108A-15.9(d). Dissolution or withdrawal will only be effective at the end of the fiscal year in which it occurred. State law establishes procedures for distributing budgetary surplus available to a regional social services department to counties after a dissolution or withdrawal occurs. G.S. 108A-15.9(c), (e).
Whenever an individual county joins or withdraws from an existing regional DSS, the existing regional board of social services must be dissolved and a new board must be appointed. G.S. 108A-15.8(e). However, an appointing authority could choose to reappoint a member who was on the previous (dissolved) regional board, assuming the member is still a resident of the region.
What’s Ahead?
Again, to date, no counties in North Carolina have opted to form a regional DSS. However, as county departments of social services across the state struggle with funding challenges and staffing shortages, it’s possible that some counties may look to the regional DSS model as a way to share resources and deliver services together. Counties that are interested in the regional model for DSS may want to look to the six district health departments across North Carolina for examples of how a single department spanning multiple counties can function successfully. Most district health departments in North Carolina consist of two to three counties, while one includes eight counties. You can see the 20 counties that are in district health departments by looking at Map 1 on this NC Human Services Hub website and selecting “Is County Part of a Multi-County District Health Department?” in the drop-down menu.