State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-168_12

§ 143B‑168.12.  NorthCarolina Partnership for Children, Inc.; conditions.

(a)        In order to receiveState funds, the following conditions shall be met:

(1)        The North CarolinaPartnership shall have a Board of Directors consisting of the following 26members:

a.         The Secretary ofHealth and Human Services, ex officio, or the Secretary's designee;

b.         Repealed by SessionLaws 1997, c. 443, s. 11A.105.

c.         The Superintendentof Public Instruction, ex officio, or the Superintendent's designee;

d.         The President of theCommunity Colleges System, ex officio, or the President's designee;

e.         Three members of thepublic, including one child care provider, one other who is a parent, and oneother who is a board chair of a local partnership serving on the North CarolinaPartnership local partnership advisory committee, appointed by the GeneralAssembly upon recommendation of the President Pro Tempore of the Senate;

f.          Three members ofthe public, including one who is a parent, one other who is a representative ofthe faith community, and one other who is a board chair of a local partnershipserving on the North Carolina Partnership local partnership advisory committee,appointed by the General Assembly upon recommendation of the Speaker of theHouse of Representatives;

g.         Twelve members,appointed by the Governor. Three of these 12 members shall be members of theparty other than the Governor's party, appointed by the Governor. Seven ofthese 12 members shall be appointed as follows: one who is a child careprovider, one other who is a pediatrician, one other who is a health careprovider, one other who is a parent, one other who is a member of the businesscommunity, one other who is a member representing a philanthropic agency, andone other who is an early childhood educator;

h.         Repealed by SessionLaws 1998‑212, s. 12.37B(a), effective October 30, 1998.

h1.       The Chair of theNorth Carolina Partnership Board shall be appointed by the Governor;

i.          Repealed by SessionLaws 1998‑212, s. 12.37B(a), effective October 30, 1998.

j.          One member of thepublic appointed by the General Assembly upon recommendation of the MajorityLeader of the Senate;

k.         One member of thepublic appointed by the General Assembly upon recommendation of the MajorityLeader of the House of Representatives;

l.          One member of thepublic appointed by the General Assembly upon recommendation of the MinorityLeader of the Senate;

m.        One member of thepublic appointed by the General Assembly upon recommendation of the MinorityLeader of the House of   Representatives; and

n.         The Director of theMore at Four Pre‑Kindergarten Program, or the Director's designee.

Allmembers appointed to succeed the initial members and members appointedthereafter shall be appointed for three‑year terms. Members may succeedthemselves.

Allappointed board members shall avoid conflicts of interests and the appearanceof impropriety. Should instances arise when a conflict may be perceived, anyindividual who may benefit directly or indirectly from the North CarolinaPartnership's disbursement of funds shall abstain from participating in anydecision or deliberations by the North Carolina Partnership regarding thedisbursement of funds.

Allex officio members are voting members. Each ex officio member may berepresented by a designee. These designees shall be voting members. No membersof the General Assembly shall serve as members.

TheNorth Carolina Partnership may establish a nominating committee and, in makingtheir recommendations of members to be appointed by the General Assembly or bythe Governor, the President Pro Tempore of the Senate, the Speaker of the Houseof Representatives, the Majority Leader of the Senate, the Majority Leader ofthe House of Representatives, the Minority Leader of the Senate, the MinorityLeader of the House of Representatives, and the Governor shall consult with andconsider the recommendations of this nominating committee.

TheNorth Carolina Partnership may establish a policy on members' attendance, whichpolicy shall include provisions for reporting absences of at least threemeetings immediately to the appropriate appointing authority.

Memberswho miss more than three consecutive meetings without excuse or members whovacate their membership shall be replaced by the appropriate appointingauthority, and the replacing member shall serve either until the GeneralAssembly and the Governor can appoint a successor or until the replacedmember's term expires, whichever is earlier.

TheNorth Carolina Partnership shall establish a policy on membership of the localboards. No member of the General Assembly shall serve as a member of a localboard. Within these requirements for local board membership, the North CarolinaPartnership shall allow local partnerships that are regional to haveflexibility in the composition of their boards so that all counties in theregion have adequate representation.

Allappointed local board members shall avoid conflicts of interests and theappearance of impropriety. Should instances arise when a conflict may beperceived, any individual who may benefit directly or indirectly from thepartnership's disbursement of funds shall abstain from participating in anydecision or deliberations by the partnership regarding the disbursement offunds.

(2)        The North CarolinaPartnership and the local partnerships shall agree to adopt procedures for itsoperations that are comparable to those of Article 33C of Chapter 143 of theGeneral Statutes, the Open Meetings Law, and Chapter 132 of the GeneralStatutes, the Public Records Law, and provide for enforcement by theDepartment. The procedures may provide for the confidentiality of personnelfiles comparable to Article 7 of Chapter 126 of the General Statutes.

(3)        The North CarolinaPartnership shall oversee the development and implementation of the localdemonstration projects as they are selected and shall approve the ongoingplans, programs, and services developed and implemented by the localpartnerships and hold the local partnerships accountable for the financial andprogrammatic integrity of the programs and services. The North CarolinaPartnership may contract at the State level to obtain services or resources when the North Carolina Partnership determines it would be more efficient to doso.

Inthe event that the North Carolina Partnership determines that a localpartnership is not fulfilling its mandate to provide programs and servicesdesigned to meet the developmental needs of children in order to prepare themto begin school healthy and ready to succeed and is not being accountable forthe programmatic and fiscal integrity of its programs and services, the NorthCarolina Partnership may suspend all funds to the partnership until thepartnership demonstrates that these defects are corrected. Further, at itsdiscretion, the North Carolina Partnership may assume the managerialresponsibilities for the partnership's programs and services until the NorthCarolina Partnership determines that it is appropriate to return the programsand services to the local partnership.

(4)        The North CarolinaPartnership shall develop and implement a comprehensive standard fiscalaccountability plan to ensure the fiscal integrity and accountability of Statefunds appropriated to it and to the local partnerships. The standard fiscalaccountability plan shall, at a minimum, include a uniform, standardized systemof accounting, internal controls, payroll, fidelity bonding, chart of accounts,and contract management and monitoring. The North Carolina Partnership maycontract with outside firms to develop and implement the standard fiscalaccountability plan. All local partnerships shall be required to participate inthe standard fiscal accountability plan developed and adopted by the NorthCarolina Partnership pursuant to this subdivision.

(5)        The North CarolinaPartnership shall develop a regional accounting and contract management systemwhich incorporates features of the required standard fiscal accountability plandescribed in subdivision (4) of subsection (a) of this section. All localpartnerships shall participate in the regional accounting and contractmanagement system.

(6)        The North CarolinaPartnership shall develop a formula for allocating direct services fundsappropriated for this purpose to local partnerships.

(7)        The North CarolinaPartnership may adjust its allocations by up to ten percent (10%) on the basisof local partnerships' performance assessments. In determining whether toadjust its allocations to local partnerships, the North Carolina Partnershipshall consider whether the local partnerships are meeting the outcome goals andobjectives of the North Carolina Partnership and the goals and objectives setforth by the local partnerships in their approved annual program plans.

TheNorth Carolina Partnership may use additional factors to determine whether to adjustthe local partnerships' allocations. These additional factors shall bedeveloped with input from the local partnerships and shall be communicated tothe local partnerships when the additional factors are selected. Theseadditional factors may include board involvement, family and communityoutreach, collaboration among public and private service agencies, and familyinvolvement.

Onthe basis of performance assessments, local partnerships annually shall berated "superior", "satisfactory", or "needs improvement".

TheNorth Carolina Partnership may contract with outside firms to conduct theperformance assessments of local partnerships.

(8)        The North CarolinaPartnership shall establish a local partnership advisory committee comprised of15 members. Eight of the members shall be chosen from past board chairs or dulyelected officers currently serving on local partnerships' board of directors atthe time of appointment and shall serve three‑year terms. Seven of themembers shall be staff of local partnerships. Members shall be chosen by theChair of the North Carolina Partnership from a pool of candidates nominated bytheir respective boards of directors. The local partnership advisory committeeshall serve in an advisory capacity to the North Carolina Partnership and shallestablish a schedule of regular meetings. Members shall be chosen from localpartnerships on a rotating basis. The advisory committee shall annually elect achair from among its members.

(9)        Repealed by SessionLaws 2001‑424, s. 21.75(h), effective July 1, 2001.

(b)        The North CarolinaPartnership shall be subject to audit and review by the State Auditor underArticle 5A of Chapter 147 of the General Statutes. The State Auditor shallconduct annual financial and compliance audits of the North CarolinaPartnership.

(c)        The North CarolinaPartnership shall require each local partnership to place in each of itscontracts a statement that the contract is subject to monitoring by the localpartnership and North Carolina Partnership, that contractors and subcontractorsshall be fidelity bonded, unless the contractors or subcontractors receive lessthan one hundred thousand dollars ($100,000) or unless the contract is forchild care subsidy services, that contractors and subcontractors are subject toaudit oversight by the State Auditor, and that contractors and subcontractorsshall be subject to the requirements of G.S. 143C‑6‑22.Organizations subject to G.S. 159‑34 shall be exempt from thisrequirement.

(d)        The North CarolinaPartnership for Children, Inc., shall make a report no later than December 1 ofeach year to the General Assembly that shall include the following:

(1)        A description of theprogram and significant services and initiatives.

(2)        A history of SmartStart funding and the previous fiscal year's expenditures.

(3)        The number ofchildren served by type of service.

(4)        The type andquantity of services provided.

(5)        The results of theprevious year's evaluations of the Initiatives or related programs andservices.

(6)        A description of significantpolicy and program changes.

(7)        Any recommendationsfor legislative action.

(e)        The North CarolinaPartnership shall develop guidelines for local partnerships to follow inselecting capital projects to fund. The guidelines shall include assessing thecommunity needs in relation to the quantity of child care centers, assessingthe cost of purchasing or constructing new facilities as opposed to renovatingexisting facilities, and prioritizing capital needs such as construction,renovations, and playground equipment and other amenities.

(f)         The North CarolinaPartnership for Children, Inc., shall establish uniform guidelines and areporting format for local partnerships to document the qualifying expensesoccurring at the contractor level. Local partnerships shall monitor qualifyingexpenses to ensure they have occurred and meet the requirements prescribed inthis subsection.  (1993,c. 321, s. 254(a); 1993 (Reg. Sess., 1994), c. 766, s. 1; 1995, c. 324, s.27A.1; 1996, 2nd Ex. Sess., c. 18, s. 24.29(b); 1997‑443, ss. 11.55(l),11A.105; 1998‑212, s. 12.37B(a), (b); 1999‑84, s. 24; 1999‑237,s. 11.48(a); 2000‑67, s. 11.28(a); 2001‑424, ss. 21.75(h),21.75(i); 2002‑126, s. 10.55(d); 2003‑284, ss. 10.38(l), 10.38(m),10.38(n); 2004‑124, s. 10.37; 2006‑203, s. 104; 2006‑264, s.1(b); 2007‑323, s. 10.19B(a); 2009‑451, s. 20C.1(a).)