Relating to the Children First Program; to establish the Children First Trust Fund within the State Treasury; to provide for the management and administration of the fund by the Alabama Juvenile Justice Coordinating Council; to appropriate the fund for allocations to the Department of Public Health for the Children's Health Insurance Program and for prevention, treatment, education, rehabilitation, and punishment programs for children, the State Board of Education, the Department of Human Resources, the Children's Trust Fund, the State Multiple Needs Children's Fund, the Department of Mental Health and Mental Retardation, the Administrative Office of Courts, the Department of Youth Services, permanent Joint Legislative Oversight Committee on Community Services Grants, the Department of Public Safety, the Alcoholic Beverage Control Board, and the Department of Forensic Sciences; and to provide for oversight by the Permanent Joint Legislative Oversight Committee of the Children First Trust Fund.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For purposes of this act, the following terms have the meanings respectively ascribed to them:

(1) AT-RISK CHILDREN. Children who because of social, health, or educational factors are experiencing difficulty with learning, school achievement, or preparation for employment as evidenced by excessive absence from school without acceptable excuse, by virtue of being parents, by having been referred to the juvenile court, or by being one or more years behind their age group in the number of credits obtained or in basic skill levels obtained.

(2) CHILD POPULATION. The population of children below the age of 18 in any federal decennial census.

(3) COUNCIL. The Alabama Juvenile Justice Coordinating Council created pursuant to Sections 12-15-130 to 12-15-132, inclusive, Code of Alabama 1975.

(4) FUND. The Children First Trust Fund as established by Section 2 of this act.

(5) JUVENILE PROBATION SERVICES. Any juvenile probation officer, including, but not limited to, administrative personnel, juvenile officers who supervise caseloads, professional staff charged with developing programs for early intervention and correction of delinquent behavior, and officers assigned to intensively supervise juveniles returning from regional or state institutions. Juvenile probation services do not include juvenile detention staff.

(6) OVERSIGHT COMMITTEE. The permanent Joint Legislative Oversight Committee of the Children First Trust Fund.

(7) RURAL. Any community within this state that has a population of less than 25,000 according to the latest federal decennial census.

(8) SPECIAL NEEDS ADOPTIONS. Adoptions that may be hindered or delayed because of the special circumstances or obstacles surrounding the adoptive children. The circumstances include, but are not limited to, the adoption of disabled children, children with multiple siblings, older children, minority children, and other children who have been in the custody of the Alabama Department of Human Resources for an extended period of time.

Section 2. (a) There is established a special fund in the State Treasury to be known as the Children First Trust Fund.

(b) The fund is continuously shall be appropriated to the Alabama Juvenile Justice Coordinating Council for purposes of providing allocations to intensive child and family programs and for purposes of implementing and administering this act.

(c) The fund shall consist of revenues received from the State General Fund and appropriations or revenues received from any other source.

(d) The council shall receive and distribute monies in the fund for purposes that shall be consistent with this act and with the laws of this state.

(e) The council shall keep detailed permanent records of all expenditures and distributions from the fund and shall file a monthly written report of all transactions, and any other information requested, with the permanent Joint Legislative Oversight Committee of the Children First Trust Fund.

(f) The council shall prepare an annual report to the Legislature detailing the expenditures and distributions from the fund and the success or failure of each program receiving monies from the fund. The council shall also make annual recommendations to the Legislature concerning the distribution of monies based upon the annual report.

(g) The council may employ personnel as needed to assist the council in carrying out the duties of administering these funds and preparing the reports.

(h) The council may accept and use monies available to it from all sources, including, but not limited to, grants, appropriations, gifts, donations, and other sources for purposes of implementing and administering this act. The proceeds of any gift, grant, or other donation may be specifically designated for use in one or more specific program area identified and described in the Children First implementation program.

(i) The council may not award or promise to award more monies than are available in the fund.

(j) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this act. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, Code of Alabama 1975, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act for the purposes prescribed in this act and as allocated by this act.

(k) Any monies remaining in the fund at the end of any fiscal year, except monies contributed from appropriations from other state funds, shall not revert to the General Fund or the Alabama Education Trust Fund and shall remain in the Children First Trust Fund.

Section 3. The following criteria shall be met in order for any state agency or local entity to be eligible to receive allocations from the Children First Trust Fund:

(1) After the first year, these state agencies shall annually conduct a needs assessment of the children of Alabama and shall develop and implement a strategic plan which addresses the special needs of children. The purpose of this plan is to alleviate duplication of services. The plan and evaluation of results of programs shall be submitted to the council by July 1.

(2) Each county juvenile justice coordinating council shall comply with Sections 12-15-133 and 12-15-134, Code of Alabama 1975, and shall be actively involved in the coordination of requests for grants funded by Children First Trust Fund.

Section 4. (a) For the fiscal year beginning October 1, 1998, an amount of up to eighty-two million six hundred thousand dollars ($82,600,000), shall be appropriated to the Children First Trust Fund.

(b) For the fiscal year beginning October 1, 1998, an amount of up to two hundred twenty-five thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated for the administration of the fund by the council. The remainder of the Children First Trust Fund, an amount of up to eighty-two million three hundred seventy-five thousand dollars ($82,375,000), is appropriated and shall be allocated as follows:

(1) Ten and one-fourth percent of the fund shall be allocated to the Department of Public Health for distribution as follows:

a. Ninety-four percent of the funds allocated to the Department of Public Health shall be allotted to the Children's Health Insurance Program.

b. Six percent of the funds allocated to the Department of Public Health shall be allotted to fund programs for tobacco control among children with the purpose being to reduce the consumption of all tobacco products by children. To be eligible to initially receive a portion of these funds, any county health department, school, local civic club, charity, or not-for-profit corporation shall submit a grant application pursuant to the guidelines promulgated by the State Department of Public Health, with provisions for annual renewal of the grants. Provisions for program evaluation in order to determine effectiveness, number of children served, and financial accountability shall be included in the guidelines. The Department of Public Health may employ personnel to carry out the purposes of this section and may not expend these funds for any purpose other than those set out in this section.

(2) Twenty-two percent of the fund shall be allocated to the State Board of Education as follows:

a. Fifty-six percent of the funds allocated from the fund to the State Board of Education shall be allotted for the operation of alternative schools as defined below:

1. In the initial fiscal year funding after the effective date of this act, the State Board of Education shall distribute a pro rata share of the monies based upon the second month enrollment of the preceding school year to each local board of education which submits a plan that satisfies all of the following criteria:

(i) The local board of education shall provide a 25 percent match of all funds for alternative school programs.

(ii) The local board of education shall provide suitable facilities for housing alternative school programs.

(iii) The plan submitted by each local board of education shall provide multiple tiers of alternative school programs which include, but are not limited to, "in-school suspension," a short-term alternative school program designed to enable children to perform in the traditional classroom setting, and a long-term program which is a true alternative to expulsion.

(iv) The plan as submitted by each local board of education shall outline the educational services which shall be available to each child assigned to the short-term or long-term programs. Those services shall include, but are not limited to, all of the following:

A. Remedial education where necessary.

B. Counseling, including sessions on conflict resolution.

C. Social skills development.

(v) Each tier of the local plan shall be curriculum-based to address the goal of academic improvement and shall include, to the extent possible, mandatory parental notification and involvement.

(vi) If a local board of education can satisfactorily demonstrate that alternative school programs meeting all of the criteria in this section have been implemented, the allocation to the local board of education for alternative school programs may be directed by the State Board of Education to programs under the School Safety Enhancement Program.

(vii) Each year any monies remaining after distribution by the State Board of Education to the local boards of education which meet the criteria pursuant to subparagraph 1. and qualify for a portion of the monies, shall be allocated to those local boards of education demonstrating innovative programs with measurable improvements in academic achievement, attendance, school behavior, and parental involvement.

2. The State Board of Education shall review the programs of each local board of education receiving monies from the fund and shall annually submit a report to the council by July 1. This report shall include all of the following:

(i) The number of children served in each tier of the program.

(ii) The improvement in academic achievement.

(iii) The improvement in behavior.

(iv) The improvement in parental involvement.

(v) Financial accounting for the state and local monies expended.

3. The State Board of Education shall develop additional criteria for continued state funding of programs initiated pursuant to this act.

4. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not supplant or decrease existing state or local support.

b. 1. Forty-four percent of the funds allocated from the fund to the State Board of Education shall be allotted to administer the School Safety Enhancement Program. Of the amount allotted to the School Safety Enhancement Program, $2,500,000 shall be used for drug and gang prevention programs and $2,500,000 shall be allocated to organized youth sports associations with a minimum of $1,500 to each ballfield operated by an organized youth sports association.The amount of monies available to each local board of education shall be determined by the State Board of Education based upon the second month enrollment of the preceding school year. To be eligible to initially receive a portion of the monies, each local board of education shall submit a grant application pursuant to guidelines promulgated by the State Board of Education with provisions for annual renewal of the grants. Provisions for program evaluation in order to determine effectiveness and financial accountability shall be included in the guidelines. The guidelines shall include all of the following:

(i) A component to enhance parental participation in school activities and promote parental responsibility for the performance and behavior of their children.

(ii) A requirement for a local 25 percent match of funds for school safety activities, excluding pre-kindergarten programs for at-risk children listed in item (ii) of subparagraph 2.

(iii) Sufficient safeguards implemented to ensure that the new monies will increase and not supplant or decrease existing local support.

2. School Safety Enhancement Programs eligible for grants shall be designed to prevent or reduce violence in the schools and communities and reduce school disciplinary or safety problems. The programs shall relate to one or more of the following:

(i) Extended day programs with supervised activities including, but not limited to, remedial education; tutorial assistance; arts, music, or other cultural enhancement; and activities for gifted children. Each local board of education may charge a fee based upon income for participation in the programs.

(ii) Pre-kindergarten programs for "at-risk" children. These programs do not require the local 25 percent match of funds for school safety activities mandated by item (ii) of subparagraph 1.

(iii) Truancy prevention programs which may include additional school attendance personnel and a Saturday school component.

(iv) Programs to assist children in dealing with anger and emphasizing acceptable ways of dealing with violence including peer mediation, conflict resolution, and law related education.

(v) Safety plans involving the use of metal detectors, other security devices, uniforms, school safety resource officers, or other personnel employed to provide a safe school environment.

(vi) Drug or alcohol education, prevention, detection, or enforcement programs.

(vii) At-risk identification and intervention programs designed to identify children who are at-risk and coordinate school and community services so that the mental, physical, and social capabilities of the child are enhanced.

3. The State Board of Education shall review the programs of each local board of education which receive monies from the fund and annually submit a report to the council by July 1. This report shall include all of the following:

(i) The number of children served.

(ii) The improvement in academic achievement.

(iii) The improvement in behavior.

(iv) The improvement in parental involvement.

(v) Financial accounting for the state and local monies expended.

4. The State Board of Education shall develop additional criteria for continued state funding of programs initiated pursuant to this act.

(3) a. Twenty percent of the fund shall be allocated to the Alabama Department of Human Resources for distribution as follows:

1. Twenty-nine percent shall be allotted to increase foster care basic monthly maintenance rates to foster families.

2. Thirteen percent of the funds allocated to the Alabama Department of Human Resources shall be allotted to recruit and maintain additional therapeutic foster homes.

3. (i) Forty-six percent shall be allotted to Alabama Child Care Management Agencies to fund child care programs utilizing trained, qualified, and licensed child care facilities. These child care providers shall have specific emphasis on early intervention and nutrition services for all of the following:

A. The children of working parents who are income eligible as is defined by the guidelines of the Alabama Department of Human Resources for participation in the subsidized child care program.

B. The children of parents who have been unemployed and on public assistance but who have obtained employment and are income eligible as is defined by the guidelines of the Alabama Department of Human Resources for participation in the subsidized child care program.

C. The children of parents who are properly enrolled in Alabama public schools but have not yet completed school through grade level 12 and who are income eligible as defined by the guidelines of the Alabama Department of Human Resources for participation in the subsidized child care program.

(ii) The Alabama Department of Human Resources shall ensure that at least 25 percent of the funds allotted to Alabama Child Care Management Agencies annually shall be allocated to those children indicated in subitem A. of item (i) and at least 25 percent of the funds allotted to Alabama Child Care Management Agencies annually shall be allocated to those children indicated in subitem C. of item (i).

4. Six percent of the funds allocated to the Alabama Department of Human Resources shall be allotted to increase rates and fund services through licensed shelter care and licensed residential foster homes.

5. Six percent of the funds allocated to the Alabama Department of Human Resources shall be allotted for use in special needs adoptions to assist in recruiting prospective adoptive parents, to facilitate the adoption of children with special needs, and to provide financial assistance to parents after adoption of these children.

b. Sufficient safeguards shall be implemented to ensure that these new monies will increase and not supplant or decrease existing support received from any source.

(4) Five percent of the fund shall be allocated to the Children's Trust Fund for distribution as follows:

a. Fifty percent of the funds allocated to the Children's Trust Fund shall be used to fund community-based programs providing unification of prevention services which shall include, but not be limited to, all of the following:

1. Parenting education.

2. Health screening for at-risk children.

3. Adult education classes.

4. Job readiness training.

5. Welfare-to-work programs.

6. Quality child care for participants.

b. Fifty percent of the funds allocated to the Children's Trust Fund shall be used to fund grants for community-based programs targeted toward "at-risk" children or teens with specific emphasis on plans, programs, and services to eradicate gangs, criminal behavior, illiteracy, teen unemployment, teen pregnancy, and single parent families pursuant to the guidelines of the Children's Trust Fund as provided in Sections 26-16-30 to 26-16-33, inclusive, Code of Alabama 1975.

(5) Five percent of the fund shall be allocated to the State Multiple Needs Children's Fund, pursuant to Section 12-15-174, Code of Alabama 1975, to be allocated by the Alabama Children's Services Facilitation Team for services for multiple needs children in accordance with Sections 12-15-171 and 12-15-175, Code of Alabama 1975. The Alabama Children's Services Facilitation Team shall develop a written plan to address the needs of multiple needs children. Disbursements from the Multiple Needs Children Fund shall be based on the written plan. The monies allocated pursuant to this subdivision shall be distributed as follows:

a. Fifty percent of the monies allocated to the State Multiple Needs Children's Fund shall be allotted to the counties, based upon the per capita child population of each county, according to the 1990 federal decennial census, to provide services for multiple needs children identified by the county Children's Services Facilitation Team or referred by the juvenile court. These funds may be expended by a county Children's Services Facilitation Team to meet the needs of children for whom individualized service plans have been developed and approved and which are within the guidelines, policies, and procedures of the Alabama Children's Services Facilitation Team. Allotments to county children's services facilitation teams shall be disbursed quarterly.

b. Fifty percent of the monies allocated to the State Multiple Needs Children's Fund shall be distributed to the Alabama Children's Services Facilitation Team for children whose needs exceed the resources available in the local community. These monies shall be used to purchase services or to develop services when a sufficient need can be documented.

(6) Two Four percent of the fund shall be allocated to the Department of Mental Health and Mental Retardation for distribution as follows: a. Fifty percent of the funds allocated to the Alabama Department of Mental Health and Mental Retardation shall be used for the provision of community-based services for children and families in crisis. The department shall assure that these services are provided by therapists specializing in child and adolescent psychology, dynamics of dysfunctional families, and suicide prevention. crisis. The department shall maintain standards and procedures to require that all staff members who provide services pursuant to this subdivision have the appropriate specialized training or experience, or both, to meet the needs of the children and families served.The allocation from the fund to this department is conditioned upon the department matching the amount with funds from any other source for the provision of services for children. Sufficient safeguards shall be implemented to ensure the new monies shall increase and not supplant or decrease existing state support.

b. Fifty percent of the funds allocated to the Alabama Department of Mental Health and Mental Retardation shall be used to fund intensive long term programs designed to change behavior and rehabilitate children with drug or alcohol problems or addictions. Private providers shall be utilized to the extent possible for these drug and alcohol treatment programs. A portion of the funds allocated pursuant to this paragraph shall be used to fund halfway houses or other graduated release facilities for children with drug or alcohol problems or addictions.

(7) a. Ten percent of the funds shall be allocated to the Juvenile Probation Services Fund and administered by the Administrative Office of Courts to unify and upgrade the juvenile justice system and improve the delivery of services to children who have been referred to the juvenile court. The monies allocated to the Juvenile Probation Services Fund shall be allotted as follows:

1. Sixty-one percent of the funds allocated to the Juvenile Probation Services Fund shall be used to convert juvenile probation officers and support staff in counties with a population of 99,000 or less, according to the 1990 federal decennial census, to state employee status under the direction and supervision of the Administrative Office of Courts pursuant to the Juvenile Probation Services Improvement Act. These funds shall also be used to provide salary subsidies for juvenile probation officers in each county with a population of more than 99,000, on the basis of one salary subsidy per 15,000 population or a fraction thereof.

2. In the fiscal year ending September 30, 1998, 39 percent shall be used to fund additional juvenile probation services positions at the ratio of one position per population of 47,000 or a major fraction of that amount. At a minimum, each county shall receive at least one additional juvenile probation officer. Juvenile probation services positions shall include juvenile probation officers, professional staff charged with developing programs for early intervention and correction of delinquent behavior, and officers assigned to intensively supervise juveniles returning from regional or state institutions. Each county shall be allocated at least one additional juvenile probation officer subsidy for the fiscal year ending September 30, 1998.

b. In successive fiscal years, the percentage of monies received pursuant to this subdivision shall be allotted to the Juvenile Probation Services Fund to provide funding for juvenile probation services administered by the Administrative Office of Courts.

c. Each presiding juvenile court judge and chief juvenile probation officer shall jointly file a sworn statement on approved forms with the Administrative Office of Courts prior to July 1 of each year which shall contain a detailed listing of the general services provided by the juvenile probation staff to the children under their supervision. The services provided in each county shall include, but not be limited to, all of the following:

1. Programs to develop basic competency in social skills.

2. Truancy prevention programs.

3. Restitution collection programs.

4. Community service work programs.

5. Programs utilizing trained volunteers including mentor programs, volunteers in probation, and other programs.

6. Programs mandating parental accountability.

7. Intensive aftercare programs for children returning from regional or state institutions.

d. The responsibilities provided in this subdivision are supplemental to those provided in Section 12-15-7, Code of Alabama 1975.

(8) a. Seventeen percent of the revenues shall be allocated to the Department of Youth Services to fund through private providers where possible, secure beds, group homes, graduated release facilities, community-based alternatives to commitment to the Department of Youth Services, and for subsidies for regional detention facilities. The private providers shall develop an aftercare plan for each juvenile leaving the custody of the Department of Youth Services and shall be responsible for monitoring compliance with and completion of each plan. The Department of Youth Services Board shall develop criteria and an allocation formula to insure that monies received from the fund shall be equitably distributed to provide access to local juvenile offender programs for both urban and rural areas throughout the state. Of the funds allocated to the Department of Youth Services:

1. Forty-three percent shall be allotted for facilities for secure beds located in Mobile County and for graduated release facilities to integrate children from the Department of Youth Services secure facilities back into their local communities.

2. Forty-three percent shall be allotted for intensive programs to include, but not be limited to, wilderness programs of sufficient duration to change behavior, to develop self-reliance, and to develop a work ethic. Not less than 20 percent of these funds shall be designated for the treatment of juvenile sex offenders.

3. Seven percent shall be allotted for alternative programs which shall include, but not be limited to, bootcamps with a minimum required stay of 90 days, day-reporting centers, and intensive monitoring systems which are community-based.

4. Seven percent shall be allotted for subsidies for regional detention facilities.

b. The monies appropriated pursuant to this subdivision shall not be used for capital outlay. An annual accounting of the distribution of the monies and the effectiveness of the programs shall be prepared by the Department of Youth Services and filed with the council prior to July 1. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not supplant or decrease existing state or local support.

(9) Five 1.35 percent of the revenues shall be allocated to the permanent Joint Legislative Oversight Committee on Community Services Grants, or other appropriate legislative committee, to fund community service grants made pursuant to Chapter 24 of Title 41, Code of Alabama 1975. Funds allocated to the permanent Joint Legislative Oversight Committee on Community Services Grants, or other appropriate legislative committee, shall be available to each Senate and House district for use only for those programs identified and described in the Children First implementation program. Sixty percent of the monies appropriated pursuant to this subdivision shall be divided equally among each of the 105 House districts, in the form of community service grants, to spend on identified Children First programs. Forty percent of the monies appropriated pursuant to this subdivision shall be divided equally among each of the 35 Senate districts, in the form of community service grants, to spend on identified Children First programs. The committee shall ensure that any grant awarded is used only for identified Children First implementation programs. If the committee finds that any portion of a grant awarded is expended for a program not identified and described in the Children First implementation program, the legislator of the district to which the grant was awarded, if still in office, shall not be awarded a grant for the succeeding fiscal year. The grant funds of the excluded district shall, for the fiscal year excluded, be allotted to the Children First Trust Fund for distribution by grant to child abuse and neglect prevention programs throughout the state.

(10) 3.65% of the funds shall be allocated to the Department of Public Safety to fund child pornography investigations conducted by the Alabama Bureau of Investigations.

(11) One percent of the funds shall be allocated to the Alcoholic Beverage Control Board for education and enforcement of Chapter 11 of Title 28, Code of Alabama 1975, which prohibits access to tobacco products by minors.

(12) Two percent of the funds shall be allocated to the Office of Prosecution Services to fund juvenile court prosecutors pursuant to their funding formula. To qualify for funding, the juvenile prosecutor shall attend at least 12 hours annually of training specific to juvenile problems, needs, concerns, and services. Certification of training shall be filed with the council annually.

(12) a. Three-fourths of one percent of the funds shall be allocated to the Department of Forensic Sciences to fund forensic services including, but not limited to, all of the following:

1. Investigation of child deaths where the child was not under the care of a physician, identification of missing children remains, analysis of forensic evidence associated with crimes where the victim is a child.

2. Provision of medical examiners for local child death review teams.

3. Education of medical students and resident physicians regarding fatal child abuse.

4. Provision of expert testimony in court cases involving forensic findings in criminal investigations.

5. Provision of other forensic services for children when requested by the council.

b. The Department of Forensic Sciences shall prepare an annual accounting of the distribution of monies received and the effectiveness of programs implemented pursuant to this act and shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented to ensure that the new monies increase and not supplant or decrease existing state support.

Section 5. (a) There is created the Permanent Joint Interim Legislative Oversight Committee of the Children First Trust Fund. The committee shall be composed of three members of each house, to be appointed by the presiding officer of each house. The chair and vice chair of the oversight committee shall be elected at the first meeting by the members of the oversight committee. The oversight committee shall meet as it deems necessary and shall study and oversee all facets of the Children First Trust Fund. The committee shall review each monthly report provided by the Alabama Juvenile Justice Coordinating Council, and may make recommendations as it deems appropriate.

(b) The oversight committee shall consider recommending to the Coordinating Council a comprehensive plan to establish a grants program to assist parents in placing their children in accredited behavior modification programs.

(c) Upon the request of the chair, the Secretary of the Senate and the Clerk of the House shall provide the clerical assistance necessary for the work of the oversight committee.

(d) The oversight committee shall review each community service grant awarded pursuant to this act to determine compliance with this act and the guidelines established in Chapter 24 of Title 41, Code of Alabama 1975, the Community Service Grant Program Act of 1989.

(e) Each member of the oversight committee shall be entitled to his or her regular legislative compensation, his or her per diem, and travel expenses for each day he or she attends a meeting of the oversight committee which shall be paid out of any funds appropriated to the use of the Legislature, upon warrants drawn on the State Comptroller upon requisitions signed by the chair of the oversight committee. Notwithstanding the foregoing, no member shall receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance of other state business.

Section 6. This act shall become effective immediately after its passage and approval by the Governor, or upon its otherwise becoming a law.

Children

Appropriations

Children First Trust Fund

State Funds

Juveniles

Youthful Offenders

Minors