H 5028 Session 112 (1997-1998)
H 5028 General Bill, By A.W. Byrd, J. Brown, Scott and J. Smith
A BILL TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY ADDING ARTICLE 9 SO
AS TO ENACT THE EARLY CHILDHOOD INITIATIVE ACT FOR THE PURPOSE OF DEVELOPING
AND IMPLEMENTING A COMPREHENSIVE, LONG-RANGE PLAN TO IMPROVE EARLY CHILDHOOD
DEVELOPMENT BY PROVIDING EDUCATION AND DEVELOPMENT SERVICES FOR YOUNG CHILDREN
AND THEIR FAMILIES THROUGH GRANTS TO LOCAL ORGANIZATIONS THROUGH THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
04/14/98 House Introduced and read first time HJ-23
04/14/98 House Referred to Committee on Education and Public
Works HJ-23
A BILL
TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES BY ADDING ARTICLE
9 SO AS TO ENACT THE EARLY CHILDHOOD INITIATIVE
ACT FOR THE PURPOSE OF DEVELOPING AND
IMPLEMENTING A COMPREHENSIVE, LONG-RANGE
STATEWIDE PLAN TO IMPROVE EARLY CHILDHOOD
DEVELOPMENT BY PROVIDING EDUCATION AND
DEVELOPMENT SERVICES FOR YOUNG CHILDREN AND
THEIR FAMILIES THROUGH GRANTS TO LOCAL
ORGANIZATIONS AWARDED BY THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
Whereas, the General Assembly finds that every child can benefit
from, and should have access to, high quality early childhood
education and development services. The economic future and
well-being of the State depend upon it. To ensure that all children
have access to quality early childhood education and development
services, the General Assembly further finds that:
(1) Parents have the primary duty to raise, educate, and transmit
values to young preschool children;
(2) The State can assist parents in their role as the primary
caregivers and educators of young preschool children; and
(3) There is a need to explore innovative approaches and strategies
for aiding parents and families in the education and development of
young preschool children.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 44, Chapter 6 of the 1976 Code is amended by
adding:
"Article 9
Early Childhood Initiatives
Section 44-6-1110. This article may be cited as the 'Early
Childhood Initiative Act'.
Section 44-6-1120. (A) The purpose of this article is to establish
a framework whereby the General Assembly may support, through
financial and other means, an early childhood initiative statewide and
through local partnerships, which have as their missions the
development of a comprehensive, long-range strategic plan for early
childhood development, and the provision, through public and private
means, of high quality early childhood education and development
services for children and families. It is the intent of the General
Assembly that communities be given the maximum flexibility and
discretion practicable in developing their plans.
As used in this article:
(1) 'Department' means the Department of Health and Human
Services;
(2) 'Director' means the director of the Department of Health and
Human Services;
(3) 'Local partnership' means a local, private, nonprofit 501(c)(3)
organization established to coordinate a local project under this
article.
Section 44-6-1130. (A) There is established the Early Childhood
Initiative to be administered by the Department of Health and Human
Services with an advisory board comprised of:
(1) The Director of the Department of Health and Human
Services;
(2) The Superintendent of Education
(3) The President of the State Board for Technical and
Comprehensive Education;
(4) One resident from each congressional district appointed by
the President Pro Tempore of the Senate;
(5) One resident from each congressional district appointed by
the Speaker of the House of Representatives;
(6) Seventeen members to be appointed by the Governor.
(B) The department shall oversee the development and
implementation of the local projects as they are selected.
(C) The department shall develop and implement a comprehensive
standard fiscal accountability plan to ensure the fiscal integrity and
accountability of state funds appropriated to the Initiative and to the
local partnerships. The standard fiscal accountability plan shall, at a
minimum, include a uniform, standardized system of accounting,
internal controls, payroll, fidelity bonding, chart of accounts, and
contract management and monitoring. The department may contract
with outside firms to develop and implement the standard fiscal
accountability plan. All local partnerships shall adopt the standard
fiscal accountability plan developed and adopted by the department
pursuant to this subsection.
(D) The department shall develop and implement a centralized
accounting and contract management system which incorporates
features of the required standard fiscal accountability plan provided
for in subsection (C). All local partnerships must adopt the
centralized accountability system developed by the department
pursuant to this subsection.
(E) The department shall develop a formula for allocating direct
services funds appropriated for this purpose to local partnerships.
The department may adjust its allocations on the basis of local
partnerships performance assessments. In determining whether to
adjust its allocations to local partnerships, the department shall
consider whether the local partnerships are meeting the outcome
goals and objectives of the department and the goals and objectives
set forth by the local partnerships in their approved annual program
plans.
The department may use additional factors to determine whether to
adjust the local partnerships' allocations. These additional factors
must be developed with input from the local partnerships and must be
communicated to the local partnerships when the additional factors
are selected. These additional factors may include board
involvement, family and community outreach, collaboration among
public and private service agencies, and family involvement.
On the basis of performance assessments, local partnerships
annually must be rated 'superior', 'satisfactory', or 'needs
improvement'. Local partnerships rated 'superior' may receive, to the
extent that funds are available, a ten percent increase in their annual
funding allocation. Local partnerships rated 'satisfactory' may
receive their annual funding allocation. Local partnerships rated
'needs improvement' may receive ninety percent of their annual
funding allocation.
The department may contract with outside firms to conduct the
performance assessments of local partnerships.
(F) The department shall establish a local partnership advisory
committee comprised of fifteen members. Eight of the members must
be chairs of local partnership boards of directors, and seven must be
staff of local partnerships. Members must be chosen by the
department from a pool of candidates nominated by local partnership
boards of directors. The local partnership advisory committee shall
serve in an advisory capacity to the department and shall establish a
schedule of regular meetings. Members shall serve two-year terms
and may not serve more than two consecutive terms. Members must
be chosen from local partnerships on a rotating basis. The advisory
committee shall annually elect a chair from among its members.
(G) The department shall report quarterly to the General Assembly
and the Governor on the ongoing progress of all the local
partnerships' work, including all details of the use to which the
allocations were put, and on the continuing plans of the department,
together with legislative proposals, including proposals to implement
the program statewide.
Section 44-6-1140. (A) The department shall:
(1) Develop a statewide process to select the local projects. The
first six local projects developed and implemented must be located in
the six congressional districts, one to a district. The locations of
subsequent selections of local projects shall represent the various
geographic areas of the State.
(2) Develop and conduct a statewide needs and resource
assessment every third year, beginning in the 1998-99 fiscal year.
This needs assessment must be conducted in cooperation with the
local partnerships. The department may contract with an independent
firm to conduct the needs assessment. The needs assessment must be
conducted in a way which enables the department to review, and
revise as necessary, the total program cost estimate and methodology.
The data and findings of this needs assessment shall form the basis
for annual program plans developed by local partnerships and
approved by the department. A report of the findings of the needs
assessment must be presented to the General Assembly before the
beginning of the 2000 legislative session and every three years after
that date.
(3) Develop and maintain an automated, publicly accessible
database of all regulated childcare programs.
(4) Adopt any regulations necessary to implement this article.
In order to allow local partnerships to focus on the development of
long-range plans in their initial year of funding, the department may
limit the categories of direct services for young children and their
families for which funds are made available during the initial year.
(5) Annually update its funding formula using the most recent
data available. These amounts shall serve as the basis for
determining 'full funding' amounts for each local partnership.
(B) The director shall approve all allocations of state funds to local
projects. The director also shall approve all local partnership plans.
Section 44-6-1150. In order to receive state funds, each local:
(1) project must be coordinated by a new local partnership
responsible for developing a comprehensive, collaborative,
long-range plan of services to children and families in the service
delivery area. The board of directors of each local partnership shall
consist of members including representatives of public and private
nonprofit health and human service agencies, childcare providers, the
business community, foundations, county and municipal
governments, local education units, and families;
(2) partnership shall agree to adopt procedures for its operations
that are comparable to those of the Freedom of Information Act;
(3) partnership shall adopt procedures to ensure that all
personnel who provide services to young children and their families
under this article know and understand their responsibility to report
suspected child abuse and neglect;
(4) partnership shall participate in the uniform standard fiscal
accountability plan developed and adopted by the department
pursuant to Section 44-6-1130;
(5) partnership must agree to be audited and reviewed by the
state auditor.
Section 44-6-1160. (A) State funds allocated to local projects for
services to children and families must be used to meet assessed needs,
expand coverage, and improve the quality of these services. The
local plan shall address the assessed needs of all children to the extent
feasible. It is the intent of the General Assembly that the needs of
both young children below poverty who remain in the home, as well
as the needs of young children below poverty who require services
beyond those offered in childcare settings, be addressed. Therefore,
as local partnerships address the assessed needs of all children, they
should devote an appropriate amount of their state allocations,
considering these needs and other available resources, to meet the
needs of children below poverty and their families.
(B) Depending on local, regional, or statewide needs, funds may
be used to support activities and services that must be made available
and accessible to providers, children, and families on a voluntary
basis. Of the total funds allocated to all local partnerships for direct
services, seventy percent must be used in childcare related activities
and programs which improve access to childcare services, develop
new childcare services, or improve the quality of childcare services
in all settings.
(C) Long-term plans for local projects that do not receive their full
allocation in the first year must consider how to meet the assessed
needs of low income children and families within their
neighborhoods or communities. These plans also must reflect a
process to meet these needs as additional allocations and other
resources are received.
(D) State funds designated for start-up and related activities may
be used for capital expenses or to support activities and services for
children, families, and providers. State funds designated to support
direct services for children, families, and providers must not be used
for major capital expenses unless the department approves this use of
state funds based upon a finding that a local partnership has
demonstrated that:
(i) this use is a clear priority need for the local plan;
(ii) it is necessary to enable the local partnership to provide
services and activities to underserved children and families; and
(iii) the local partnership will not otherwise be able to meet this
priority need by using state or federal funds available to that local
partnership.
The funds approved for capital projects in any two consecutive fiscal
years may not exceed ten percent of the total funds for direct services
allocated to a local partnership in those two consecutive fiscal years.
(E) State funds allocated to local partnerships must not supplant
current expenditures by counties on behalf of young children and
their families, and maintenance of current efforts on behalf of these
children and families must be sustained. State funds must not be
applied without the director's approval where state or federal funding
sources, such as Head Start, are available or could be made available
to that county.
(F) Local partnerships may carry over funds from one fiscal year
to the next, subject to the following conditions:
(1) Local partnerships in their first year of receiving direct
services funding may, on a one-time basis only, carry over any
unspent funds to the subsequent fiscal year.
(2) Any local partnership may carry over any unspent funds to
the subsequent fiscal year, subject to the limitation that funds carried
over may not exceed the increase in funding the local partnership
received during the current fiscal year over the prior fiscal year.
(G) Not less than thirty percent of each local partnership's direct
services allocation may be used to expand childcare subsidies. To the
extent practicable, these funds must be used to enhance the
affordability, availability, and quality of childcare services as
described in this section.
Section 44-6-1170. No home centered services, including home
visits or in-home parenting training are allowed under this article
unless the written, informed consent of the participating parents
authorizing the home centered services is first obtained by the local
partnership, educational institution, local school administrative unit,
private school, non-for-profit organization, governmental agency, or
other entity that is conducting the parenting program. The
participating parents may revoke at any time their consent for the
home centered services.
The consent form shall contain a clear description of the program
including:
(1) the activities and information to be provided by the program
during the home visits;
(2) the number of expected home visits;
(3) any responsibilities of the parents;
(4) the fact, if applicable, that a record will be made and
maintained on the home visits;
(5) the fact that the parents may revoke at any time the consent;
and
(6) any other information as may be necessary to convey to the
parents a clear understanding of the program.
Parents at all times shall have access to any record maintained on
home centered services provided to their family and may place in that
record a written response to any information with which they
disagree that is in the record."
SECTION 2. This act takes effect upon approval by the Governor.
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