Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Solidarity and Public Service,
Vu le general code of territorial authorities ;
Vu le Social Security Code ;
Vu la Act No. 2007-293 of 5 March 2007 reforming the protection of children, including article 27;
Considering Decree No. 2000-685 of 25 July 2000 on the organization of the central administration of the Ministry of Employment and Solidarity;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 4 May 2010;
Considering the opinion of the Local Finance Committee dated 4 May 2010;
Having regard to the advice of the Standards Advisory Board dated 6 May 2010;
After notice of the State Council (social section),
Decrete:
The Management Committee that administers the National Fund for Child Protection Fund for theArticle 27 of the Act of 5 March 2007 referred to above reforming child protection includes:
1° The Director General of Social Cohesion or his representative;
2° The Director of Social Security or his representative;
3° The Director of Judicial Protection of Youth or his representative;
4° The Budget Director or his representative;
5° The Director General of Health or his representative;
6° The Director General of Local Government or his representative;
7° Three representatives of the departments and their alternates appointed on the proposal of the assembly of the departments of France for a period of three years;
8° The director of the National Family Allowance Fund or his representative, as well as a second representative of the Fund designated by the Board of Directors for a period of three years.
The management committee is chaired by the Director General of Social Cohesion or his representative.
The management committee meets at least once a year on the convocation of the chair.
Each member of the management committee has a deliberate voice. The deliberations of the committee are adopted by a simple majority of the votes cast. In the event of a vote-sharing, the President's voice is preponderant.
The management committee shall only deliberate validly if half of the members are present or represented at the meeting. If the committee is unable to deliberate validly, it may again be summoned and deliberated, regardless of the number of members present, within a period of eight frank days.
The management committee allocates the amount of the fund to two separate funding envelopes:
1° The first includes the purpose of offsetting the costs resulting from the departments of the implementation of the Act referred to above 5 March 2007 ;
2° The second includes support credits for actions that fall within the framework of child protection reform, including those of an experimental nature, including assistance to parenthood or the protection of children living in economic precariousness.
The fund management committee shall determine the amount of the allocation to each department within the amount of the envelope provided for in 1°.
It sets out the rules of the project appeal procedure for the selection of projects that could benefit from the support of the envelope fund provided for in 2°, distributes this envelope after the calls for projects between the selected beneficiaries and approves the model agreement between the fund and the recipients.
Each year before March 31, at the proposal of the Chair, the Management Committee adopts:
1° For the coming year, the forecast statement of income and expenditure of the fund;
2° The balance sheet, result account and activity report for the past year.
I. ― Revenue from the National Fund for Child Protection Fund is as follows:
1° A payment of the National Family Allowance Fund from the National Family Benefit Fund, which is set out in the Social Security Financing Act;
2° An annual payment of the State whose amount is arrested in the Financial Law;
3° Income from the funds placed;
4° Extraordinary and diverse revenues.
II. ― National Child Protection Fund expenditures include:
1° Endowments to departments that are intended to compensate for the expenses resulting from the implementation of the above-mentioned Act;
2° Expenditures to support the actions mentioned in the third paragraph of Article 3;
3° The operating expenses of the management agreement referred to in Article 7;
4° Expenditures resulting from court decisions;
5° Exceptional and diverse expenses.
The allocation to each department provided for in the fourth paragraph of Article 3 is equal to the product of the envelope mentioned in the 1st of this article and of a coefficient equal to the ratio of the share to each department and of all the shares returning to each department.
The share to each department is equal to the product of its population of beneficiaries of social assistance to children by the value of the synthetic index of resources and expenses attributed to it.
The Synthetic Index of Resources and Expenses referred to in the preceding paragraph consists of:
1° The ratio between, on the one hand, the proportion of the total number of beneficiaries of child welfare in the department in the municipal population of the department as defined in III of Article R. 2151-1 of the General Code of Territorial Communities and, on the other hand, the same proportion observed for all departments. The total number of beneficiaries of child welfare assistance is recorded as of December 31 of the last year known for the statistics produced by the research, studies, evaluation and statistics management in the Ministry of Social Security. This same year refers to other statistical data used in calculating the index;
2° The relationship between the per capita financial potential of all departments and the per capita financial potential of the department as defined atArticle L. 3334-6 of the General Code of Territorial Communities.
The synthetic index of resources and loads is obtained by adding the results of the ratios according to 1° and 2° by weighting the first by the coefficient a and the second by the coefficient b.
The management committee shall annually determine the values of the coefficients a and b. The coefficient a cannot be less than 50% or more than 75%.
The amount of staffing allocated to each department is notified by the Chair of the Management Committee to the Chairs of the General Councils.
The National Family Allowance Fund in which the Fund is established provides administrative, accounting and financial management of the Fund.
The director of the fund, in his capacity as manager of the fund, conducts the operations of the fund's commitment, liquidation and ordering of expenditures pursuant to the decisions of the fund management committee.
It concludes with the chair of the management committee a convention, approved by the committee, which outlines how the National Family Allowance Fund carries out its management mission on behalf of the fund. The Convention also provides for the manner in which the Fund is represented in justice and in all acts of civil life by the Director.
The Accountant of the National Family Allowance Fund shall make payments in the light of the liquidative statements transmitted by the Executive Director of the expenses of the Fund, accompanied if any by any supporting documentation.
The expenses and revenues of the fund are subject to the economic and financial control of the State mentioned to theArticle R. 282-1 of the Social Security Code.
The outstanding amounts as at December 31 of the year are abounding in the fund's outcome.
Within two months of the issuance of this Order, the Management Committee shall adopt the forecasted statement of income and expenditure of the Fund for the current fiscal year.
The Minister of Labour, Solidarity and Public Service, the Minister of Budget, Public Accounts and State Reform and the Secretary of State responsible for the family and solidarity are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, May 17, 2010.
François Fillon
By the Prime Minister:
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
Minister of Budget, Public Accounts
and state reform,
François Baroin
Secretary of State
in charge of the family and solidarity,
Nadine Morano
