California Children and Families Program
Section § 130100
This law establishes a program in California aimed at enhancing the early development of children, from before birth until the age of five. The goal is to create a comprehensive and collaborative system that integrates standards and resources to promote education, health care, social services, and more, ensuring children are ready for school.
The program is designed to allow easy access to services and encourages local decision-making with flexibility and reduced administrative redundancy.
The California Children and Families Commission and county commissions manage the program, using outcome-based assessments to guide funding decisions. This law is officially called the California Children and Families Act of 1998.
Section § 130105
The California Children and Families Trust Fund is a special fund composed of money from taxes on cigarettes and tobacco products. It's used to pay for programs benefiting children and families, with particular funding for education, health, and early childhood development. The State Board of Equalization is tasked with evaluating how additional taxes affect tobacco consumption and adjusting funding as needed to support existing health programs affected by reduced tobacco sales.
The fund is divided between state and county commissions, with specific percentages allocated to various accounts, such as media communication, education, child care, research, development, and administration. Unused funds can be reallocated to ensure all initiatives are adequately supported. Additionally, any donations to the fund must be used for their intended purpose.
Section § 130110
This law establishes the California Children and Families Commission, also known as First 5 California. The commission is made up of seven voting members and two nonvoting members. Voting members are chosen for their experience and knowledge in areas like child development, education, and public health, including expertise in tobacco and substance abuse prevention and treatment. Nonvoting members include the Secretary of the California Health and Human Services Agency and the Secretary for Education, or their representatives.
Section § 130115
This law outlines the appointment process for a state commission. The Governor appoints three members, designating one as chairperson, and one must be a county health officer or executive. The Speaker of the Assembly and the Senate Rules Committee each appoint two members. Initial terms vary: one Governor appointee serves four years, two serve two years. For the legislative appointees, one each serves four and three years. Following this, members serve four-year terms. No member can serve more than two four-year terms.
Section § 130120
Within three months of appointing most of its members, a state commission must hire an executive director. The commission can hire additional staff as needed. The executive director and staff are paid based on what's available in the budget, and they're not part of the civil service system. The executive director must follow the commission's instructions.
Section § 130125
This law outlines the responsibilities and powers of the state commission in California regarding early childhood development. It includes spreading public awareness and providing education on early childhood development, setting guidelines for a comprehensive state program, and addressing parental education, child care, and health services.
The commission is required to hold public hearings on guideline proposals and review them annually. They are also tasked with evaluating the effectiveness of programs, coordinating between public and private agencies, and assisting county commissions. Additionally, they must review county commission reports, apply for funding, and suggest legal changes to the Governor and Legislature to enhance early childhood development programs.
Section § 130130
The state commission must create bylaws for handling any business not covered in this act. To make decisions, more than half of the voting members need to be present, forming what is known as a quorum. Decisions, including hiring an executive director, need at least four votes in favor.
Section § 130135
Members of the state commission who have voting rights don't get paid salaries. However, they are eligible to receive daily allowances and reimbursement for reasonable expenses incurred while attending meetings and performing their official duties, as long as this is approved by the state commission.
Section § 130140
This law outlines how counties in California can receive funding for early childhood development programs. Between 1999 and 2000, counties received money based on the proportion of births in their area compared to the state, but first had to meet several requirements. These include creating a local Children and Families Commission, drafting a strategic county plan for early childhood development, and holding public hearings. From July 2000 onwards, counties will continue to receive funds based on birth rates if they adhere to these regulations, including submitting audits and reports, holding public hearings, and having policies that align with state laws on conflicts of interest and contracting. If a county chooses not to participate or continue in the program, unused funds are reallocated to participating counties.
Section § 130140.1
This law outlines the rules for counties in California that choose to participate in the California Children and Families Program. If a county decides to join, it can create a county commission to oversee local operations.
The commission can be set up as an independent public entity or as a county agency with its own strategic plan and funding authority. The commission has powers like hiring staff, making contracts, and managing property, and is recognized as a government unit for funding purposes. Obligations of the commission are its own and don’t pass onto the county even if the commission is terminated.
Confidentiality is emphasized for personal information regarding children's health, education, and family details, which can't be disclosed publicly without consent or unless required by law.
Section § 130145
This law requires both the state commission and each county commission to set up advisory committees. These committees are supposed to offer expert advice and support to help achieve the goals of the act. The committees need to have meetings and create recommendations and reports when needed.
Section § 130150
This law requires each county commission to conduct an annual audit of their performance and spending from the previous year by October 15. They must then submit a detailed report to the state commission by November 1. The state commission uses these reports to prepare a comprehensive analysis, which must be submitted to the Governor and Legislature by January 31.
If a county commission fails to provide the necessary information, the state commission can withhold funding from the California Children and Families Trust Fund until compliance is achieved. Both state and county commissions must make their reports publicly available for free upon request.
Section § 130151
This law outlines the requirements for expanded audits of county commissions involved in activities related to the California Children and Families Trust Fund. These audits examine several aspects, such as how commissions manage contracts and procurement, administrative costs, conflict-of-interest policies, and adherence to local ordinances.
It requires that these audits be submitted to both the state and county commissions, and the findings must be discussed in public hearings. The responses to audit findings are then sent to the Controller, who will determine if commissions have taken adequate corrective actions. If not, the Controller may recommend withholding funds until improvements are made. Additionally, the Controller must provide a summary report of these audits annually and present a final audit guideline and implementation plan.
Section § 130155
This section defines key terms used in the California Children and Families Act of 1998. The 'Act' refers to this specific legislation. A 'County commission' is a local group set up under certain rules to oversee children and family issues in that county. A 'County strategic plan' is a detailed plan crafted by each county's commission to outline their goals, which they must submit to the state's main commission. The 'State commission' is the broader California Children and Families Commission, which oversees the program at the state level.
Section § 130156
The law sets up the Children and Families Health and Human Services Fund in the State Treasury. The fund is used to support health and human services, particularly for providing direct health care to children from birth to five years old. The money can be used only after the Legislature decides how it will be spent.
Section § 130157
This law section allows for the transfer of $50 million during the 2011-12 fiscal year from specific accounts to the Children and Families Health and Human Services Fund. This money is to be used for health and human services programs for children aged birth to five years. The state commission has the authority to make these funds available and is not liable for any claims related to any reallocation of funds necessary to meet these requirements. 'State health and human services programs' can include direct health care services.
Section § 130158
This law requires $950 million from various county Children and Families Trust Funds to be transferred to a state fund called the Children and Families Health and Human Services Fund during the 2011–12 fiscal year. The money will support health and human services for children aged five and under.
County commissions that received less than $600,000 in 2009–10 are exempt. Others must contribute 50% of their designated funds, without their balances dropping below their 2009–10 levels.
These contributions must be completed by the end of the 2011–12 fiscal year, and must not include funds outside of those received under the California Children and Families Act of 1998.
If the total collected exceeds $950 million, excess funds will be returned proportionally. Funds must be available and not tied up in other obligations, and boards are not liable for re-allocating these funds. Full payments must be made before 2012–13 budget allocations occur.