Health & Welfare | Daily Report

Casey West/Flickr

When Gov. Jerry Brown unveiled his revised budget Monday, he sent a mixed message to First 5 commissions throughout the state: On one hand, the budget would no longer include taking $1 billion from them. On the other, the state would still pursue those funds.

Any relief commissions felt about Brown balancing the budget without First 5 funds was tempered by confusion over why he would still defend a law that takes those dollars.

First 5 commissions, which support early childhood development programs, have been slashing their budgets, cutting programs and eliminating services to meet the funding shift. They are now "in a weird limbo position," said Sherry Novick, executive director of the First 5 Association of California, a nonprofit membership group.

In March, Brown signed legislation that requires First 5 commissions to transfer $1 billion to the state for children's health services. Eight county commissions have sued over the legislation, AB 99, contending that it violates First 5 guidelines that voters established. More are considering following suit.

"We can only conclude that the governor realizes this is a pretty weak case on his part," said Kenneth Price, an attorney representing First 5 commissions in Fresno, Madera and Merced counties.

Not so, said H.D. Palmer, spokesman for the state Department of Finance. The state is just erring on the side of "fiscal prudence" because of a slow legal process, he said.

"It's more likely than not that we will not get resolution on this issue in the coming fiscal year," Palmer said. "We continue to believe … the state acted appropriately, and we will prevail."

No First 5 dollars will be transferred to the state while litigation is pending, he said.

Voters established First 5 in 1998, when they approved Proposition 10, the California Children and Families Act. The initiative placed a 50-cent tax on tobacco products to fund development programs and services for children ages 5 and younger.

Changes to the act must be approved by voters or, as long as amendments further the initiative and are consistent with its purpose and intent, by a two-thirds vote of the Legislature. Proposition 10 revenue can only supplement services or fund entirely new programs; it cannot replace state or local general funds, or pay for existing levels of service.

Under AB 99, First 5 dollars would be "used to provide health and human services, including direct health care services, to children from birth through 5 years of age." First 5 commissions say such uses do not pass muster.

Lawsuits filed by First 5 commissions will soon be consolidated. The commissions would like the case to be heard in Fresno County, where the first lawsuit was filed, whereas the attorney general has motioned for consolidation in Orange County, Price said.

"It's sad," said Kendra Rogers, executive director of First 5 Fresno County. "Here they're still spending money on attorney fees to litigate something that is clearly unconstitutional. At the same time, they're forcing commissions to spend the money to litigate this when we know this is money that could be going to direct service programs for kids. So kids lose again no matter what."