Tennessee § 37-3-103 - Powers and duties.

§ 37-3-103. Powers and duties.

The commission shall perform each of the following duties: Make recommendations concerning establishment of priorities and needed improvements with respect to programs and services for children and youth; On or before September 1 of each year, make recommendations for the state budget for the following fiscal year regarding services for children and youth and submit the recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives, the legislative office of budget analysis, and the affected state departments; Implement the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., and distribute, consistent with the purpose of the commission as set forth by § 37-3-102(a), such funds as the general assembly shall direct; Advocate and coordinate the efficient and effective development and enhancement of state, local and regional programs and services for children and youth; Publish annually, on or before December 31, a comprehensive report on the status of children and youth in Tennessee; and distribute the report to the governor, to each member of the general assembly and to each of the state's depository libraries; and Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to perform the duties prescribed by this part. If a new, separate or reorganized department, office or agency is established to administer the duties of youth services in the department of correction, the duties in this subsection (a) and the duties and authority provided by §§ 37-1-161 and 37-1-162, and any funds allocated to the commission on children and youth for distribution, may be transferred by executive order of the governor to such new, separate or reorganized entity. To the extent that adequate resources are available, the commission is authorized to perform any one (1) or more of the following activities: Identify and analyze specific problems concerning programs and services for children and youth; [Deleted by 2015 amendment] Review licensing or certification standards and program policies, promulgated by entities of state government, that affect children and youth; and make recommendations concerning such standards and policies to the governor, to the entity promulgating any such standard or policy and to each member of the general assembly; and Monitor foster care review boards; report on the impact of foster care review on children and youth in foster care; and make recommendations for improvement of the state's foster care system to the governor and each member of the general assembly. Acts 1988, ch. 979, § 2; 1999, ch. 230, § 3; 2010, ch. 1030, § 12; 2015, ch. 259, § 3; 2016, ch. 797, § 4. Code Commission Notes. Article II, § 24 of the Constitution of Tennessee provides, in part, that: “Any law requiring the expenditure of state funds shall be null and void unless, during the session in which the act receives final passage, and appropriation is made for the estimated first year's funding.” The Tennessee code commission has been advised by the commissioner of finance and administration that the necessary first year's funding was not appropriated during the 1991 regular session for the public act that would have amended this section. The code commission was directed by Acts 1991, ch. 509, § 54 to not codify acts that did not receive first year's funding. Accordingly, Acts 1991, ch. 246, § 2, which would have amended this section, has not been codified. If chapter 246, § 2 had been codified, the amendment to this section by that act would have added a new subdivision in (a)(1), which would have read as follows: “Develop and implement a statewide program of training and other technical support to periodically assist advisory review boards on foster care, created pursuant to § 37-2-406 , in the efficient and effective performance of duties and responsibilities assigned to such boards.” Compiler's Notes. For creation of advisory group to the commission on children and youth, see Executive Order No. 29 (September 26, 1989). Former part 1, §§ 37-3-101 — 37-3-110 (Acts 1980, ch. 865, §§ 1, 3-9, 13; 1985, ch. 478, § 34; T.C.A., §§ 37-7-101 — 37-7-109 ), concerning the children's services commission, was repealed by Acts 1988, ch. 979, § 2. Amendments. The 2015 amendment deleted (b)(2), which read, “Prepare and distribute impact statements analyzing the potential effect of proposals under consideration by the general assembly that relate to the health, well being and development of children and youth;”. The 2016 amendment rewrote (a)(1)(B) which read: “(B) Review and analyze the proposed budget, as contained within the general appropriations act, for each entity of state government that utilizes state or federal funds to administer or provide programs and services for children and youth; prepare and distribute an impact statement for the proposed budget of each such entity; and make recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives and the legislative office of budget analysis;”. Effective Dates. Acts 2015, ch. 259, § 4. April 24, 2015. Acts 2016, ch. 797, § 19. April 14, 2016. Cross-References. Mentally ill or intellectually disabled minors in youth development center, § 33-3-401 . Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114 .