Section § 130100

Explanation

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.

There is hereby created a program in the state for the purposes of promoting, supporting, and improving the early development of children from the prenatal stage to five years of age. These purposes shall be accomplished through the establishment, institution, and coordination of appropriate standards, resources, and integrated and comprehensive programs emphasizing community awareness, education, nurturing, child care, social services, health care, and research.
(a)CA Health & Safety Code § 130100(a) It is the intent of this act to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development and to ensure that children are ready to enter school. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this act to emphasize local decisionmaking, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems.
(b)CA Health & Safety Code § 130100(b) The programs authorized by this act shall be administered by the California Children and Families Commission and by county children and families commissions. In administering this act, the state and county commissions shall use outcome-based accountability to determine future expenditures.
(c)CA Health & Safety Code § 130100(c) This division shall be known and may be cited as the “California Children and Families Act of 1998.”

Section § 130105

Explanation

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.

The California Children and Families Trust Fund is hereby created in the State Treasury.
(a)CA Health & Safety Code § 130105(a) The California Children and Families Trust Fund shall consist of moneys collected pursuant to the taxes imposed by Section 30131.2 of the Revenue and Taxation Code.
(b)CA Health & Safety Code § 130105(b) All costs to implement this act shall be paid from moneys deposited in the California Children and Families Trust Fund.
(c)CA Health & Safety Code § 130105(c) The State Board of Equalization shall determine within one year of the passage of this act the effect that additional taxes imposed on cigarettes and tobacco products by this act has on the consumption of cigarettes and tobacco products in this state. To the extent that a decrease in consumption is determined by the State Board of Equalization to be the direct result of additional taxes imposed by this act, the State Board of Equalization shall determine the fiscal effect the decrease in consumption has on the funding of any Proposition 99 (the Tobacco Tax and Health Protection Act of 1988) state health-related education or research programs in effect as of November 1, 1998, and the Breast Cancer Fund programs that are funded by excise taxes on cigarettes and tobacco products. Funds shall be transferred from the California Children and Families Trust Fund to those affected programs as necessary to offset the revenue decrease directly resulting from the imposition of additional taxes by this act. These reimbursements shall occur, and at any times, as determined necessary to further the intent of this subdivision.
(d)CA Health & Safety Code § 130105(d) Moneys shall be allocated and appropriated from the California Children and Families Trust Fund as follows:
(1)CA Health & Safety Code § 130105(d)(1) Twenty percent shall be allocated and appropriated to separate accounts of the state commission for expenditure according to the following formula:
(A)CA Health & Safety Code § 130105(d)(1)(A) Six percent shall be deposited in a Mass Media Communications Account for expenditures for communications to the general public utilizing television, radio, newspapers, and other mass media on subjects relating to and furthering the goals and purposes of this act, including, but not limited to, methods of nurturing and parenting that encourage proper childhood development, the informed selection of child care, information regarding health and social services, the prevention and cessation of tobacco, alcohol, and drug use by pregnant women, the detrimental effects of secondhand smoke on early childhood development, and to ensure that children are ready to enter school. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission.
(B)CA Health & Safety Code § 130105(d)(1)(B) Five percent shall be deposited in an Education Account for expenditures to ensure that children are ready to enter school and for programs relating to education, including, but not limited to, the development of educational materials, professional and parental education and training, and technical support for county commissions in the areas described in subparagraph (A) of paragraph (1) of subdivision (b) of Section 130125. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission.
(C)CA Health & Safety Code § 130105(d)(1)(C) Three percent shall be deposited in a Child Care Account for expenditures to ensure that children are ready to enter school and for programs relating to child care, including, but not limited to, the education and training of child care providers, the development of educational materials and guidelines for child care workers, and other areas described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 130125. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission.
(D)CA Health & Safety Code § 130105(d)(1)(D) Three percent shall be deposited in a Research and Development Account for expenditures to ensure that children are ready to enter school and for the research and development of best practices and standards for all programs and services relating to early childhood development established pursuant to this act, and for the assessment and quality evaluation of those programs and services. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission.
(E)CA Health & Safety Code § 130105(d)(1)(E) One percent shall be deposited in an Administration Account for expenditures for the administrative functions of the state commission. Any funds not needed for the administrative functions of the state commission may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission.
(F)CA Health & Safety Code § 130105(d)(1)(F) Two percent shall be deposited in an Unallocated Account for expenditure by the state commission for any of the purposes of this act described in Section 130100 provided that none of these moneys shall be expended for the administrative functions of the state commission.
(G)CA Health & Safety Code § 130105(d)(1)(G) In the event that, for whatever reason, the expenditure of any moneys allocated and appropriated for the purposes specified in subparagraphs (A) to (F), inclusive, is enjoined by a final judgment of a court of competent jurisdiction, then those moneys shall be available for expenditure by the state commission for mass media communication emphasizing the need to eliminate smoking and other tobacco use by pregnant women, the need to eliminate smoking and other tobacco use by persons under 18 years of age, and the need to eliminate exposure to secondhand smoke.
(H)CA Health & Safety Code § 130105(d)(1)(H) Any moneys allocated and appropriated to any of the accounts described in subparagraphs (A) to (F), inclusive, that are not encumbered or expended within any applicable period prescribed by law shall (together with the accrued interest on the amount) revert to and remain in the same account for the next fiscal period.
(2)CA Health & Safety Code § 130105(d)(2) Eighty percent shall be allocated and appropriated to county commissions in accordance with Section 130140.
(A)CA Health & Safety Code § 130105(d)(2)(A) The moneys allocated and appropriated to county commissions shall be deposited in each local Children and Families Trust Fund administered by each county commission, and shall be expended only for the purposes authorized by this act and in accordance with the county strategic plan approved by each county commission.
(B)CA Health & Safety Code § 130105(d)(2)(B) Any moneys allocated and appropriated to any of the county commissions that are not encumbered or expended within any applicable period prescribed by law shall (together with the accrued interest on the amount) revert to and remain in the same local Children and Families Trust Fund for the next fiscal period under the same conditions as set forth in subparagraph (A).
(e)CA Health & Safety Code § 130105(e) All grants, gifts, or bequests of money made to or for the benefit of the state commission from public or private sources to be used for early childhood development programs shall be deposited in the California Children and Families Trust Fund and expended for the specific purpose for which the grant, gift, or bequest was made. The amount of any such grant, gift, or bequest shall not be considered in computing the amount allocated and appropriated to the state commission pursuant to paragraph (1) of subdivision (d).
(f)CA Health & Safety Code § 130105(f) All grants, gifts, or bequests of money made to or for the benefit of any county commission from public or private sources to be used for early childhood development programs shall be deposited in the local Children and Families Trust Fund and expended for the specific purpose for which the grant, gift, or bequest was made. The amount of any such grant, gift, or bequest shall not be considered in computing the amount allocated and appropriated to the county commissions pursuant to paragraph (2) of subdivision (d).

Section § 130110

Explanation

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.

(a)CA Health & Safety Code § 130110(a) There is hereby established a California Children and Families Commission, which may also be known as First 5 California, composed of seven voting members and two ex officio members.
(b)CA Health & Safety Code § 130110(b) The voting members shall be selected, pursuant to Section 130115, from persons with knowledge, experience, and expertise in early child development, child care, education, social services, public health, the prevention and treatment of tobacco and other substance abuse, behavioral health, and medicine (including, but not limited to, representatives of statewide medical and pediatric associations or societies), upon consultation with public and private sector associations, organizations, and conferences composed of professionals in these fields.
(c)CA Health & Safety Code § 130110(c) The Secretary of the California Health and Human Services Agency and the Secretary for Education, or their designees, shall serve as ex officio nonvoting members of the state commission.

Section § 130115

Explanation

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.

The Governor shall appoint three members of the state commission, one of whom shall be designated as chairperson. One of the Governor’s appointees shall be either a county health officer or a county health executive. The Speaker of the Assembly and the Senate Rules Committee shall each appoint two members of the state commission. Of the members first appointed by the Governor, one shall serve for a term of four years, and two for a term of two years. Of the members appointed by the Speaker of the Assembly and the Senate Rules Committee, one appointed by the Speaker of the Assembly and the Senate Rules Committee shall serve for a period of four years with the other appointees to serve for a period of three years. Thereafter, all appointments shall be for four-year terms. No appointee shall serve as a member of the state commission for more than two four-year terms.

Section § 130120

Explanation

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.

The state commission shall, within three months after a majority of its voting members have been appointed, hire an executive director. The state commission shall thereafter hire such other staff as necessary or appropriate. The executive director and staff shall be compensated as determined by the state commission, consistent with moneys available for appropriation in the Administration Account. All professional staff employees of the state commission shall be exempt from civil service. The executive director shall act under the authority of, and in accordance with the direction of, the state commission.

Section § 130125

Explanation

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.

The powers and duties of the state commission shall include, but are not limited to, the following:
(a)CA Health & Safety Code § 130125(a) Providing for statewide dissemination of public information and educational materials to members of the general public and to professionals for the purpose of developing appropriate awareness and knowledge regarding the promotion, support, and improvement of early childhood development.
(b)CA Health & Safety Code § 130125(b) Adopting guidelines for an integrated and comprehensive statewide program of promoting, supporting, and improving early childhood development that enhances the intellectual, social, emotional, and physical development of children in California.
(1)CA Health & Safety Code § 130125(b)(1) The state commission’s guidelines shall, at a minimum, address the following matters:
(A)CA Health & Safety Code § 130125(b)(1)(A) Parental education and support services in all areas required for, and relevant to, informed and healthy parenting. Examples of parental education shall include, but are not limited to, prenatal and postnatal infant and maternal nutrition, education and training in newborn and infant care and nurturing for optimal early childhood development, parenting and other necessary skills, child abuse prevention, and avoidance of tobacco, drugs, and alcohol during pregnancy. Examples of parental support services shall include, but are not limited to, family support centers offering an integrated system of services required for the development and maintenance of self-sufficiency, domestic violence prevention and treatment, tobacco and other substance abuse control and treatment, voluntary intervention for families at risk, and any other prevention and family services and counseling critical to successful early childhood development.
(B)CA Health & Safety Code § 130125(b)(1)(B) The availability and provision of high quality, accessible, and affordable child care, both in-home and at child care facilities, that emphasizes education, training and qualifications of care providers, increased availability and access to child care facilities, resource and referral services, technical assistance for caregivers, and financial and other assistance to ensure appropriate child care for all households.
(C)CA Health & Safety Code § 130125(b)(1)(C) The provision of child health care services that emphasize prevention, diagnostic screenings, and treatment not covered by other programs; and the provision of prenatal and postnatal maternal health care services that emphasize prevention, immunizations, nutrition, treatment of tobacco and other substance abuse, general health screenings, and treatment services not covered by other programs.
(2)CA Health & Safety Code § 130125(b)(2) The state commission shall conduct at least one public hearing on its proposed guidelines before they are adopted.
(3)CA Health & Safety Code § 130125(b)(3) The state commission shall, on at least an annual basis, periodically review its adopted guidelines and revise them as may be necessary or appropriate.
(c)CA Health & Safety Code § 130125(c) Defining the results to be achieved by the adopted guidelines, and collecting and analyzing data to measure progress toward attaining these results.
(d)CA Health & Safety Code § 130125(d) Providing for independent research, including the evaluation of any relevant programs, to identify the best standards and practices for optimal early childhood development, and establishing and monitoring demonstration projects.
(e)CA Health & Safety Code § 130125(e) Soliciting input regarding program policy and direction from individuals and entities with experience in early childhood development, facilitating the exchange of information between these individuals and entities, and assisting in the coordination of the services of public and private agencies to deal more effectively with early childhood development.
(f)CA Health & Safety Code § 130125(f) Providing technical assistance to county commissions in adopting and implementing county strategic plans for early childhood development.
(g)CA Health & Safety Code § 130125(g) Reviewing and considering the annual audits and reports transmitted by the county commissions and, following a public hearing, adopting a written report that consolidates, summarizes, analyzes, and comments on those annual audits and reports.
(h)CA Health & Safety Code § 130125(h) Applying for gifts, grants, donations, or contributions of money, property, facilities, or services from any person, corporation, foundation, or other entity, or from the state or any agency or political subdivision thereof, or from the federal government or any agency or instrumentality thereof, in furtherance of a statewide program of early childhood development.
(i)CA Health & Safety Code § 130125(i) Entering into any contracts and allocating funds to county commissions as necessary or appropriate to carry out the provisions and purposes of this act.
(j)CA Health & Safety Code § 130125(j) Making recommendations to the Governor and the Legislature for changes in state laws, regulations, and services necessary or appropriate to carry out an integrated and comprehensive program of early childhood development in an effective and cost-efficient manner.

Section § 130130

Explanation

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.

Procedures for the conduct of business by the state commission not specified in this act shall be contained in bylaws adopted by the state commission. A majority of the voting members of the state commission shall constitute a quorum. All decisions of the state commission, including the hiring of the executive director, shall be by a majority of four votes.

Section § 130135

Explanation

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.

Voting members of the state commission shall not be compensated for their services, except that they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the state commission.

Section § 130140

Explanation

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.

Any county or counties developing, adopting, promoting, and implementing local early childhood development programs consistent with the goals and objectives of this act shall receive moneys pursuant to paragraph (2) of subdivision (d) of Section 130105 in accordance with the following provisions:
(a)CA Health & Safety Code § 130140(a) For the period between January 1, 1999, and June 30, 2000, county commissions shall receive the portion of the total moneys available to all county commissions equal to the percentage of the number of births recorded in the relevant county (for the most recent reporting period) in proportion to the entire number of births recorded in California (for the same period), provided that each of the following requirements has first been satisfied:
(1)CA Health & Safety Code § 130140(a)(1) The county’s board of supervisors has adopted an ordinance containing the following minimum provisions:
(A)CA Health & Safety Code § 130140(a)(1)(A) The establishment of a county children and families commission. The county commission shall be appointed by the board of supervisors and shall consist of at least five but not more than nine members.
(i)CA Health & Safety Code § 130140(a)(1)(A)(i) Two members of the county commission shall be from among the county health officer and persons responsible for management of the following county functions: children’s services, public health services, behavioral health services, social services, and tobacco and other substance abuse prevention and treatment services.
(ii)CA Health & Safety Code § 130140(a)(1)(A)(ii) One member of the county commission shall be a member of the board of supervisors.
(iii)CA Health & Safety Code § 130140(a)(1)(A)(iii) The remaining members of the county commission shall be from among the persons described in clause (i) and persons from the following categories: recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, or a local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting nurturing and early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies.
(B)CA Health & Safety Code § 130140(a)(1)(B) The manner of appointment, selection, or removal of members of the county commission, the duration and number of terms county commission members shall serve, and any other matters that the board of supervisors deems necessary or convenient for the conduct of the county commission’s activities, provided that members of the county commission shall not be compensated for their services, except they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the county commission.
(C)CA Health & Safety Code § 130140(a)(1)(C) The requirement that the county commission adopt an adequate and complete county strategic plan for the support and improvement of early childhood development within the county.
(i)CA Health & Safety Code § 130140(a)(1)(C)(i) The county strategic plan shall be consistent with, and in furtherance of the purposes of, this act and any guidelines adopted by the state commission pursuant to subdivision (b) of Section 130125 that are in effect at the time the plan is adopted.
(ii)CA Health & Safety Code § 130140(a)(1)(C)(ii) The county strategic plan shall, at a minimum, include the following: a description of the goals and objectives proposed to be attained; a description of the programs, services, and projects proposed to be provided, sponsored, or facilitated; and a description of how measurable outcomes of such programs, services, and projects will be determined by the county commission using appropriate reliable indicators. No county strategic plan shall be deemed adequate or complete until and unless the plan describes how programs, services, and projects relating to early childhood development within the county will be integrated into a consumer-oriented and easily accessible system.
(iii)CA Health & Safety Code § 130140(a)(1)(C)(iii) The county commission shall, on at least an annual basis, be required to review its county strategic plan and to revise the plan as may be necessary or appropriate.
(iv)CA Health & Safety Code § 130140(a)(1)(C)(iv) The county commission shall measure the outcomes of county funded programs through the use of applicable, reliable indicators and review that information on a periodic basis as part of the public review of its county strategic plan.
(D)CA Health & Safety Code § 130140(a)(1)(D) The requirement that the county commission conduct at least one public hearing on its proposed county strategic plan before the plan is adopted.
(E)CA Health & Safety Code § 130140(a)(1)(E) The requirement that the county commission conduct at least one public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted.
(F)CA Health & Safety Code § 130140(a)(1)(F) The requirement that the county commission submit its adopted county strategic plan, and any subsequent revisions thereto, to the state commission.
(G)CA Health & Safety Code § 130140(a)(1)(G) The requirement that the county commission prepare and adopt an annual audit and report pursuant to Section 130150. The county commission shall conduct at least one public hearing prior to adopting any annual audit and report.
(H)CA Health & Safety Code § 130140(a)(1)(H) The requirement that the county commission conduct at least one public hearing on each annual report by the state commission prepared pursuant to subdivision (b) of Section 130150.
(I)CA Health & Safety Code § 130140(a)(1)(I) Two or more counties may form a joint county commission, adopt a joint county strategic plan, or implement joint programs, services, or projects.
(2)CA Health & Safety Code § 130140(a)(2) The county’s board of supervisors has established a county commission and has appointed a majority of its members.
(3)CA Health & Safety Code § 130140(a)(3) The county has established a local Children and Families Trust Fund pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105.
(b)CA Health & Safety Code § 130140(b) Notwithstanding any provision of this act to the contrary, no moneys made available to county commissions under subdivision (a) shall be expended to provide, sponsor, or facilitate any programs, services, or projects for early childhood development until and unless the county commission has first adopted an adequate and complete county strategic plan that contains the provisions required by clause (ii) of subparagraph (C) of paragraph (1) of subdivision (a).
(c)CA Health & Safety Code § 130140(c) In the event that any county elects not to participate in the California Children and Families Program, the moneys remaining in the California Children and Families Trust Fund shall be reallocated and reappropriated to participating counties in the following fiscal year.
(d)CA Health & Safety Code § 130140(d) For the fiscal year commencing on July 1, 2000, and for each fiscal year thereafter, county commissions shall receive the portion of the total moneys available to all county commissions equal to the percentage of the number of births recorded in the relevant county (for the most recent reporting period) in proportion to the number of births recorded in all of the counties participating in the California Children and Families Program (for the same period), provided that each of the following requirements has first been satisfied:
(1)CA Health & Safety Code § 130140(d)(1) The county commission has, after the required public hearings, adopted an adequate and complete county strategic plan conforming to the requirements of subparagraph (C) of paragraph (1) of subdivision (a), and has submitted the plan to the state commission.
(2)CA Health & Safety Code § 130140(d)(2) The county commission has conducted the required public hearings, and has prepared and submitted all audits and reports required pursuant to Section 130150.
(3)CA Health & Safety Code § 130140(d)(3) The county commission has conducted the required public hearings on the state commission annual reports prepared pursuant to subdivision (b) of Section 130150.
(4)CA Health & Safety Code § 130140(d)(4) The county commission, in a public hearing, has adopted policies that are consistent with the following state laws:
(A)CA Health & Safety Code § 130140(d)(4)(A) With regard to conflict of interest of the commission members, the county commission’s policies shall be consistent with Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code, and Chapter 7 (commencing with Section 87100) of Title 9 of the Government Code.
(B)CA Health & Safety Code § 130140(d)(4)(B) With regard to contracting and procurement, the county commission’s policies shall be consistent with Article 7 (commencing with Section 54201) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, Chapter 2 (commencing with Section 2000) of Part 1 of Division 2 of the Public Contract Code, Section 3410 of the Public Contract Code, and Chapter 3.5 (commencing with Section 22150) of Part 3 of Division 2 of the Public Contract Code.
(5)CA Health & Safety Code § 130140(d)(5) The county commission, in a public hearing, has adopted a limit on the percentage of the county commission’s operating budget that may be spent on administrative functions, pursuant to guidelines issued by the state commission that define administrative functions.
(6)CA Health & Safety Code § 130140(d)(6) The county commission has adopted, in a public hearing, policies and processes establishing the salaries and benefits of employees of the county commission. Salaries and benefits shall conform with established county commission or county government policies.
(e)CA Health & Safety Code § 130140(e) In the event that any county elects not to continue participation in the California Children and Families Program, any unencumbered and unexpended moneys remaining in the local Children and Families Trust Fund shall be returned to the California Children and Families Trust Fund for reallocation and reappropriation to participating counties in the following fiscal year.
(f)CA Health & Safety Code § 130140(f) For purposes of this section, “relevant county” means the county in which the mother of the child whose birth is being recorded resides.

Section § 130140.1

Explanation

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.

(a)CA Health & Safety Code § 130140.1(a)  In the event a county elects to participate in the California Children and Families Program, and satisfies the requirements set forth in Section 130140, the county may establish a county commission that is either of the following:
(1)CA Health & Safety Code § 130140.1(a)(1)  A legal public entity separate from the county.
(2)CA Health & Safety Code § 130140.1(a)(2)  An agency of the county with independent authority over the strategic plan described in Section 130140 and the local trust fund established pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105.
(b)CA Health & Safety Code § 130140.1(b)  In the event a county elects to establish a county commission as specified in paragraph (1) of subdivision (a), the following conditions shall apply:
(1)CA Health & Safety Code § 130140.1(b)(1)  The county commission shall be considered a legal public entity separate from the county, and shall file a statement as required by Section 53051 of the Government Code.
(2)CA Health & Safety Code § 130140.1(b)(2)  The powers, duties, and responsibilities of the county commission shall include, but shall not be limited to, the following:
(A)CA Health & Safety Code § 130140.1(b)(2)(A)  The power to employ personnel and contract for personal services required to meet its obligations.
(B)CA Health & Safety Code § 130140.1(b)(2)(B)  The power to enter into any contracts necessary or appropriate to carry out the provisions of this division.
(C)CA Health & Safety Code § 130140.1(b)(2)(C)  The power to acquire, possess, and dispose of real or personal property, as necessary or appropriate to carry out the provisions and purposes of this division.
(D)CA Health & Safety Code § 130140.1(b)(2)(D)  The power to sue or be sued.
(3)CA Health & Safety Code § 130140.1(b)(3)  The county commission shall be deemed to be a public agency that is a unit of local government for purposes of all grant programs and other funding and loan guarantee programs.
(4)CA Health & Safety Code § 130140.1(b)(4)  Any obligations of the county commission, statutory, contractual, or otherwise, shall be obligations solely of the commission.
(5)CA Health & Safety Code § 130140.1(b)(5)  All claims or actions for money or damages against a county commission shall be governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that expressly apply to county commissions.
(6)CA Health & Safety Code § 130140.1(b)(6)  The county commission, its members, and its employees are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that apply expressly to the county commissions.
(7)CA Health & Safety Code § 130140.1(b)(7)  If a county board of supervisors elects not to continue the county’s participation in the California Children and Families Program, the board shall adopt an ordinance terminating the county commission.
(A)CA Health & Safety Code § 130140.1(b)(7)(A)  In terminating its county commission, the board of supervisors shall allow, to the extent possible, an appropriate transition period to allow for the county commission’s then-existing obligations to be satisfied.
(B)CA Health & Safety Code § 130140.1(b)(7)(B)  In event of termination, any unencumbered and unexpended moneys remaining in the local Children and Families Trust Fund shall be distributed pursuant to subdivision (e) of Section 130140.
(C)CA Health & Safety Code § 130140.1(b)(7)(C)  Prior to the termination of the county commission, the board of supervisors shall notify the state Children and Families Commission of its intent to terminate the county commission.
(D)CA Health & Safety Code § 130140.1(b)(7)(D)  The liabilities of the county commission shall not become obligations of the county upon either the termination of the county commission or the liquidation or disposition of the county commission’s remaining assets.
(c)CA Health & Safety Code § 130140.1(c)  If a county elects to establish a county commission as provided in paragraph (2) of subdivision (a), the county commission shall be deemed to be an agency of the county with independent authority over the strategic plan described in Section 130140 and the local Children and Families Trust Fund established pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105.
(d)CA Health & Safety Code § 130140.1(d)  Any county commission established prior to the effective date of this section that substantially complies with the provisions of either subdivision (b) or (c) shall be deemed to be in compliance with this section.
(e)Copy CA Health & Safety Code § 130140.1(e)
(1)Copy CA Health & Safety Code § 130140.1(e)(1)  Individually identifiable physical or mental health information, substance abuse information, child care or education information, personnel or employment information, financial information, criminal justice information, or demographic information, regarding a child or a child’s parent, legal guardian, or other family member, that is provided to a county commission by a parent, legal guardian, family member, health care provider, health plan, public health authority, school, law enforcement agency, social services agency, probation agency, or any other source, shall be considered confidential, and may be disclosed only to a person, agency, or entity that receives funding from the county commission, by way of a grant award or contract or as a service provider for the provision of early childhood services, and only to the extent necessary to the provision of services, unless further disclosure is authorized by a written consent of the parent or legal guardian, or where disclosure is required by state or federal law.
(2)CA Health & Safety Code § 130140.1(e)(2)  Confidential information identified in accordance with this section shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

Section § 130145

Explanation

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.

The state commission and each county commission shall establish one or more advisory committees to provide technical and professional expertise and support for any purposes that will be beneficial in accomplishing the purposes of this act. Each advisory committee shall meet and shall make recommendations and reports as deemed necessary or appropriate.

Section § 130150

Explanation

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.

(a)CA Health & Safety Code § 130150(a) On or before October 15 of each year, each county commission shall conduct an audit of, and issue a written report on the implementation and performance of, its functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and information on programs funded and populations served for all funded programs.
On or before November 1 of each year, each county commission shall submit its audit and report to the state commission for inclusion in the state commission’s consolidated report required in subdivision (b). Each commission shall submit its report in a format prescribed by the state commission if the state commission approves that format in a public meeting prior to the fiscal year during which it is to be used by the county commissions. The state commission shall develop the format in consultation with the county commissions.
(b)CA Health & Safety Code § 130150(b) The state commission shall, on or before January 31 of each year, do both of the following:
(1)CA Health & Safety Code § 130150(b)(1) Conduct an audit and prepare a written report on the implementation and performance of the state commission functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended and the progress toward, and the achievement of, program goals and objectives.
(2)CA Health & Safety Code § 130150(b)(2) Prepare a written report that consolidates, summarizes, analyzes, and comments on the annual audits and reports submitted by all of the county commissions and the Controller for the preceding fiscal year. The written report shall include a listing, by category, of the aggregate expenditures on program areas funded by the state and county commissions pursuant to the purposes of this act, according to a format prescribed by the state commission. This report by the state commission shall be transmitted to the Governor, the Legislature, and each county commission.
(3)CA Health & Safety Code § 130150(b)(3) In the event a county commission does not submit the information prescribed in subdivision (a), the state commission may withhold funds that would otherwise have been allocated to the county commission from the California Children and Families Trust Fund pursuant to Section 130140 until the county commission submits the data as required by subdivision (a).
(c)CA Health & Safety Code § 130150(c) The state commission shall make copies of each of its annual audits and reports available to members of the general public on request and at no cost. The state commission shall furnish each county commission with copies of those documents in a number sufficient for local distribution by the county commission to members of the general public on request and at no cost.
(d)CA Health & Safety Code § 130150(d) Each county commission shall make copies of its annual audits and reports available to members of the general public on request and at no cost.

Section § 130151

Explanation

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.

(a)CA Health & Safety Code § 130151(a) In addition to the requirements in Section 130150, the Controller shall issue guidelines for expanded annual audits of each county commission required pursuant to subdivision (b) of Section 130150 and associated quality control functions, subject to funding by the state commission.
(b)CA Health & Safety Code § 130151(b) The scope of the audits shall address a review of county commission policies and practices with respect to the following elements:
(1)CA Health & Safety Code § 130151(b)(1) Contracting and procurement policies, to determine whether they are in place pursuant to paragraph (4) of subdivision (d) of Section 130140, whether state and county commissions are operating in accordance with these policies, and whether these policies contain provisions to ensure that the grants and contracts are consistent with the state or county commission’s strategic plan.
(2)CA Health & Safety Code § 130151(b)(2) Administrative costs, to ensure that the county commission’s definitions comply with the state commission’s guidelines and that the county commission has a process in place to monitor these costs.
(3)CA Health & Safety Code § 130151(b)(3) Policies and procedures, established pursuant to paragraph (4) of subdivision (d) of Section 130140, designed to assure compliance by the state commission and county commissions with all applicable state and local conflict-of-interest statutes and regulations.
(4)CA Health & Safety Code § 130151(b)(4) Policies and practices designed to assure that county commissions are adhering to county commission ordinances established pursuant to paragraph (1) of subdivision (a) of Section 130140.
(5)CA Health & Safety Code § 130151(b)(5) Long-range financial plans, to determine whether state and county commissions have these plans and that the plans have been formally adopted by the commission in a public hearing.
(6)CA Health & Safety Code § 130151(b)(6) Financial condition of the commission.
(7)CA Health & Safety Code § 130151(b)(7) Amount commissions spend on program evaluation and the documented results of these expenditures.
(8)CA Health & Safety Code § 130151(b)(8) Salaries and benefit policies, to determine whether the county commission’s employee salaries and benefits comply with the policies that the county commission adopted pursuant to paragraph (6) of subdivision (d) of Section 130140.
(c)CA Health & Safety Code § 130151(c) The auditor for the state commission or the county commission shall submit each audit report, upon completion, simultaneously to both the Controller and to the state commission or applicable county commission.
(d)CA Health & Safety Code § 130151(d) The state commission and each respective county commission shall schedule a public hearing within two months of receipt of the audit to discuss findings within the report and any response to the findings. Within two weeks of the public hearing, the state or county commission shall submit to the Controller a response to the audit findings.
(e)CA Health & Safety Code § 130151(e) Within six months of the state or county commission’s response pursuant to subdivision (d), the Controller shall determine whether a county commission has successfully corrected its practices in response to the findings contained in the audit report. The Controller may, after that determination, recommend to the state commission to withhold the allocation of money that the county commission would otherwise receive from the California Children and Families Trust Fund until the Controller determines that the county commission has a viable plan and the ability to correct the practices identified in the audit.
(f)CA Health & Safety Code § 130151(f) The Controller shall prepare a summary report of the final audits and submit the report to the state commission by November 1 of each year for inclusion in the annual report required pursuant to subdivision (b) of Section 130150.
(g)CA Health & Safety Code § 130151(g) On or before April 30, 2006, the Controller shall present to the state commission in a public meeting the final audit guidelines and implementation plan. When developing the guidelines, the Controller shall consider the reasonableness of the projected costs and administrative burden of the required audit functions.

Section § 130155

Explanation

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.

The following definitions apply for purposes of this act:
(a)CA Health & Safety Code § 130155(a) “Act” means the California Children and Families Act of 1998.
(b)CA Health & Safety Code § 130155(b) “County commission” means each county children and families commission established in accordance with Section 130140.
(c)CA Health & Safety Code § 130155(c) “County strategic plan” means the plan adopted by each county children and families commission and submitted to the California Children and Families Commission pursuant to Section 130140.
(d)CA Health & Safety Code § 130155(d) “State commission” means the California Children and Families Commission established in accordance with Section 130110.

Section § 130156

Explanation

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.

The Children and Families Health and Human Services Fund is hereby established in the State Treasury. The Children and Families Health and Human Services Fund shall be used, upon appropriation by the Legislature, to provide health and human services, including, but not limited to, direct health care services, to children from birth through five years of age.

Section § 130157

Explanation

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.

Notwithstanding paragraph (1) of subdivision (d) of Section 130105, for the 2011–12 fiscal year, fifty million dollars ($50,000,000) from the accounts described in subparagraphs (A) to (F), inclusive, of paragraph (1) of subdivision (d) of Section 130105, including reserve funds, upon approval of the state commission, shall be transferred to and deposited in the Children and Families Health and Human Services Fund to support state health and human services programs for children from birth through five years of age. The state commission shall ensure that these funds are available for the purposes described in this section. To the extent it is necessary or appropriate for the state commission to disencumber existing obligations to meet the requirements of this section, the state commission, including, but not limited to, its representatives, officers, directors, and employees, including its attorneys and other persons, is hereby released from any and all liability, rights, claims, demands, and actions, known and unknown, which any party may have, arising in connection with the disencumbering of funds or obligations in accordance with this section. For purposes of this section, “state health and human services programs” includes, but is not limited to, direct health care services.

Section § 130158

Explanation

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.

(a)CA Health & Safety Code § 130158(a) Notwithstanding paragraph (2) of subdivision (d) of Section 130105, for the 2011–12 fiscal year, nine hundred fifty million dollars ($950,000,000) from the combined balances of all the county Children and Families Trust Funds, including reserve funds, as provided for in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 130105, shall be transferred to and deposited in the Children and Families Health and Human Services Fund, to support state health and human services programs for children from birth through five years of age.
(b)CA Health & Safety Code § 130158(b) For purposes of this section, “state health and human services programs” includes, but is not limited to, direct health care services and “county commission” includes, but is not limited to, county commissions, account holders for local children and families trust funds, and county government fiscal agents.
(c)CA Health & Safety Code § 130158(c) The share of the amount specified in subdivision (a) required of each county commission shall be determined in the following manner and subject to the following conditions:
(1)CA Health & Safety Code § 130158(c)(1) A county commission that received less than six hundred thousand dollars ($600,000) in California Children and Families Trust Fund revenues in the 2009–10 fiscal year is exempt from this section and is not required to deposit funds in the Children and Families Health and Human Services Fund as part of the budget solution described in subdivision (a).
(2)CA Health & Safety Code § 130158(c)(2) By June 30, 2012, each county commission not exempted by paragraph (1) shall remit for deposit into the Children and Families Health and Human Services Fund, 50 percent of its county commission funding, which includes total reserved, total unreserved-designated, and total unreserved-undesignated local children and families trust funds as of June 30, 2010. No funds other than revenues received pursuant to the California Children and Families Act of 1998 shall be remitted for deposit into the Children and Families Health and Human Services Fund.
(3)CA Health & Safety Code § 130158(c)(3) Notwithstanding paragraph (2), county commission payments for deposit into the Children and Families Health and Human Services Fund shall not cause any county commission’s fund balance to fall below the amount received by the county commission from the California Children and Families Trust Fund in the 2009–10 fiscal year.
(4)CA Health & Safety Code § 130158(c)(4) Full payments to the Children and Families Health and Human Services Fund shall be made by county commissions within the 2011–12 fiscal year. Notwithstanding any other provision of law, no 2012–13 allocation to a county commission shall occur prior to the full payment being made.
(5)CA Health & Safety Code § 130158(c)(5) Notwithstanding paragraphs (1) to (4), inclusive, the total combined remittances from county commissions in the 2011–12 fiscal year shall equal nine hundred fifty million dollars ($950,000,000). To the extent paragraphs (1) to (4), inclusive, result in more than nine hundred fifty million dollars ($950,000,000) being provided by county commissions in total, the difference shall be proportionally returned to all contributing county commissions.
(d)CA Health & Safety Code § 130158(d) Pursuant to subdivision (c), each county commission, as defined in subdivision (b), shall ensure that the funds for transfer and deposit to the Children and Families Health and Human Services Fund are not encumbered and are available for the purposes described in this section. To the extent that it is necessary or appropriate for a county commission to disencumber existing obligations to meet the requirements of this section, the county commission, including, but not limited to, its representatives, officers, directors, and employees, including its attorneys and other persons, is hereby released from any and all liability, rights, claims, demands, and actions, known and unknown, which any party may have, arising in connection with the disencumbering of funds, or obligations in accordance with this section.
(e)CA Health & Safety Code § 130158(e) After a county commission’s share of the nine hundred fifty million dollars ($950,000,000) specified in subdivision (a) has been determined pursuant to subdivision (c), that county commission, or appropriate agent or entity, shall remit those funds to the Controller for deposit into the Children and Families Health and Human Services Fund. The entire share of funds for each county commission shall be remitted within the 2011–12 fiscal year, and may be done, in equal amounts, on a monthly basis.