(a) Eligible Activities. Funds appropriated under this Article shall be used only for the following purposes:
(1) To provide legal assistance to eligible clients;
(2) To provide education to eligible clients regarding their rights and duties under the law;
(3) To involve the private bar in the representation of eligible clients pursuant to this Article.
(b) Eligible Cases. Legal assistance shall be provided to eligible clients under this Article only in the following types of cases:
(1) Family violence or spouse abuse;
(2) Assistance for the disabled in obtaining federal Social Security benefits;
(2a) Assistance for eligible clients in obtaining benefits or assistance under any federal law or program providing benefits or assistance for human trafficking victims.
(3) Representation of eligible farmers faced with the potential of farm foreclosure;
(4) Representation of eligible clients over the age of 60 regarding the following matters:
a. Wills and estates;
b. Safe and sanitary housing;
c. Pensions and retirement rights;
d. Social Security and Medicare rights;
e. Access to health care;
f. Food and nutrition; and
g. Transportation.
(5) Representation of eligible clients designed to enable them to obtain the necessary skills and means to obtain meaningful employment at a decent wage and reduce the public welfare rolls; and
(6) Representation of eligible clients under the age of 21 or eligible families with legal problems affecting persons under the age of 21 regarding the following matters:
a. Financial support and custody of children;
b. Child care;
c. Child abuse or neglect;
d. Safe and sanitary housing;
e. Food and nutrition; and
f. Access to health care.
(7) Legal assistance to consumers in cases involving predatory mortgage lending, mortgage broker and loan services abuses, foreclosure defense, and other legal issues that relate to helping consumers avoid foreclosure and home loss.
(c) Limitations. No funds appropriated under this Article shall be used for any of the following purposes:
(1) To provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion;
(2) To provide legal assistance with respect to any criminal proceeding;
(3) To provide legal assistance to any agricultural employee or migrant farmworker employed in North Carolina with regard to the terms of the worker's employment, including conditions relating to housing;
(4) To provide legal assistance to any prisoner within the Division of Adult Correction of the Department of Public Safety with regard to the terms of that person's incarceration; or
(5) To provide legal assistance to persons with mental handicaps residing in State institutions with regard to the terms and conditions of the treatment or services provided to them by the State. (1989, c. 795, s. 25; 1997-506, s. 29; 2007-547, s. 10; 2008-107, s. 14.9; 2011-145, s. 19.1(h); 2012-83, s. 15.)
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Last modified: March 23, 2014