Section 5. Powers and duties of board.
The board has the following powers and duties:
(1) Develop, within one year of its establishment and biennially thereafter, a State plan for the availability and coordination of programs and for the distribution of funds from the trust fund. In developing the plan, the board shall review existing programs and shall assure that an equal opportunity exists for the establishment of programs and the receipt of trust fund money among all geographic areas in this Commonwealth and shall encourage the development of new and innovative programs. The board shall notify the Governor and the General Assembly that the plan is available.
(2) Provide for the coordination and exchange of information on the establishment and maintenance of programs.
(3) Promulgate regulations providing for the criteria for the granting of trust fund money to eligible programs and provide for publicizing such criteria.
(4) Publicize programs in order to solicit funding from private sources.
(5) Administer and award trust fund money and monitor the expenditure of trust fund money by eligible programs. Funds shall be awarded to programs deemed eligible by the board if the organization or agency sponsoring the program meets the following criteria:
(i) The organization or agency demonstrates the ability to match, through money or in-kind services, trust fund money received. In-kind services may not exceed 50% of the required match. In the first year the organization receives trust fund money, it must be able to match at least 25%; in the second year and every year thereafter, it must be able to match 50%. The money match may be derived from either private or local government sources.
(ii) The organization or agency demonstrates the willingness and ability to provide program models and consultation to other organizations and the community regarding program development and maintenance.
(iii) The organization or agency demonstrates that it has consulted with the county children and youth agency. County children and youth agencies may directly apply for funds under this act.
(6) Prepare and submit by May 1 each year an annual report to the Governor and the General Assembly, including recommendations for legislative action and regulatory change when needed and appropriate. ((6) amended Dec. 3, 1998, P.L.942, No.123)
(7) Accept, either directly or indirectly through a nonprofit corporation, Federal funds, gifts and donations from individuals, private organizations or foundations. Funds received shall be transmitted to the State Treasurer for deposit in the trust fund. Federal funds accepted under this paragraph may not be used to provide a match for other Federal funds. ((7) amended Nov. 29, 2006, P.L.1565, No.177)
(8) Provide for the formation of a nonprofit corporation, the purposes of which shall be to solicit funds, make application for, receive and manage Federal and private funds and to otherwise serve as the financial intermediary between the board and the Federal Government and contracted entities. ((8) amended Nov. 29, 2006, P.L.1565, No.177)
(5 amended Mar. 30, 1994, P.L.122, No.13)
Compiler's Note: Section 2 of Act 43 of 1990 provided that in order to carry out the provisions of section 5(3) the Children's Trust Fund Board shall have the power and authority to promulgate, adopt, publish and use guidelines providing the criteria for the granting of trust fund money to eligible programs for a period of six months immediately following the effective date of Act 43. Guidelines proposed under the authority of Act 43 shall be subject to review by the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, but shall not be subject to review pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.