§ 143B-168.15. Use of State funds.

§ 143B‑168.15.  Use ofState funds.

(a)        State fundsallocated to local projects for services to children and families shall be usedto meet assessed needs, expand coverage, and improve the quality of theseservices. The local plan shall address the assessed needs of all children tothe extent feasible. It is the intent of the General Assembly that the needs ofboth young children below poverty who remain in the home, as well as the needsof young children below poverty who require services beyond those offered inchild care settings, be addressed. Therefore, as local partnerships address theassessed needs of all children, they should devote an appropriate amount oftheir 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 andservices that shall be made available and accessible to providers, children,and families on a voluntary basis. Of the funds allocated to local partnershipsfor direct services, seventy percent (70%) of the funds spent in each yearshall be used in child care related activities and early childhood educationprograms that improve access to child care and early childhood educationservices, develop new child care and early childhood education services, andimprove the quality of child care and early childhood education services in allsettings.

(c)        Long‑termplans for local projects that do not receive their full allocation in the firstyear, other than those selected in 1993, should consider how to meet theassessed needs of low‑income children and families within theirneighborhoods or communities. These plans also should reflect a process to meetthese needs as additional allocations and other resources are received.

(d)        State fundsdesignated for start‑up and related activities may be used for capitalexpenses or to support activities and services for children, families, andproviders. State funds designated to support direct services for children,families, and providers shall not be used for major capital expenses unless theNorth Carolina Partnership approves this use of State funds based upon afinding that a local partnership has demonstrated that (i) this use is a clearpriority need for the local plan, (ii) it is necessary to enable the localpartnership to provide services and activities to underserved children andfamilies, and (iii) the local partnership will not otherwise be able to meetthis priority need by using State or federal funds available to that localpartnership. The funds approved for capital projects in any two consecutivefiscal years may not exceed ten percent (10%) of the total funds for directservices allocated to a local partnership in those two consecutive fiscalyears.

(e)        State fundsallocated to local partnerships shall not supplant current expenditures bycounties on behalf of young children and their families, and maintenance ofcurrent efforts on behalf of these children and families shall be sustained.State funds shall not be applied without the Secretary's approval where Stateor federal funding sources, such as Head Start, are available or could be madeavailable to that county.

(f)         Repealed bySession Laws 2001‑424, s. 21.75(g), effective July 1, 2001.

(g)        Not less thanthirty percent (30%) of the funds spent in each year of each localpartnership's direct services allocation shall be used to expand child caresubsidies. To the extent practicable, these funds shall be used to enhance theaffordability, availability, and quality of child care services as described inthis section. The North Carolina Partnership may increase this percentagerequirement up to a maximum of fifty percent (50%) when, based upon asignificant local waiting list for subsidized child care, the North CarolinaPartnership determines a higher percentage is justified.

(h)        State fundsallocated to local partnerships that are unexpended at the end of a fiscal yearshall remain available to the North Carolina Partnership for Children, Inc., toreallocate to local partnerships.  (1993 (Reg. Sess., 1994), c. 766, s. 1; 1995, c. 509,s. 97; 1996, 2nd Ex. Sess., c. 18, s. 24.29(e); 1997‑443, s. 11.55(n);1997‑506, s. 60; 1998‑212, s. 12.37B(a), (b); 1999‑237, s.11.48(o); 2000‑67, ss. 11.28(c), 11.28(d); 2001‑424, s. 21.75(g);2008‑123, s. 2.)