Bill Text: MS HB1079 | 2018 | Regular Session | Engrossed

---

Bill Title: Eligibility of youth who may be placed in a community home by youth court; revise.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-02-27 - Died In Committee [HB1079 Detail]

Download: Mississippi-2018-HB1079-Engrossed.html

---

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Youth and Family Affairs

By: Representative Dixon

House Bill 1079

(As Passed the House)

AN ACT TO AMEND SECTION 5, CHAPTER 420, LAWS OF 2017, TO REVISE THE COUNTIES THAT ARE PARTICIPANTS IN THE COMMUNITY-BASED PLACEMENT FOR AT-RISK CHILDREN PILOT PROGRAM; TO REVISE THE AGE FOR CHILDREN WHO MAY BE ELIGIBLE FOR PLACEMENT IN A COMMUNITY HOME BY A YOUTH COURT THROUGH THE PROGRAM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 5, Chapter 420, Laws of 2017, is amended as follows:

     Section 5.  (1)  There is hereby created a Community-Based Placement for At-risk Children Pilot Program for the counties of Hinds, Rankin, Madison, Warren, Yazoo, Copiah, DeSoto, Hancock * * * and, Coahoma, Marshall, Clay, Sunflower and Smith.  The purpose of the pilot program is to implement a plan for early intervention by the youth court to reach at-risk children and place the children in community-based homes under youth court supervision.

     (2)  (a)  For the purposes of this section, "community home" means a home designated by the youth court judge under this section.

          (b)  In order to be designated as a community home, the home must have been approved as being both safe and an environment in which a child will thrive by Child Protective Services before placement of any youth in the home.

          (c)  Homes designated as community homes will be recruited in the county in which the youth court has jurisdiction subject to the provisions of this subsection (2).

     (3)  (a)  Children eligible for placement under the pilot program are those between the ages of ten (10) and * * *fourteen (14) seventeen (17) who have been determined by the youth court to be living in an environment that is either:

              (i)  Abusive;

              (ii)  Neglectful; or

              (iii)  That contributes to the delinquency of the child.

          (b)  The factors to be used by the youth court in determining the at-risk status of the child may include, but not be limited to, the following:

              (i)  Living with a single parent who has apparently either voluntarily or involuntarily lost control of the child;

              (ii)  Disciplinary problems at school;

              (iii)  Academic problems at school; or

              (iv)  Having older siblings from the same environment who have been adjudicated abused, neglected or delinquent.

          (c)  Placement under the program will require the consent of:

              (i)  The custodial parent;

              (ii)  A person in loco parentis to the child; or

              (iii)  The duly appointed guardian ad litem of the child.

     (4)  Compensation to the community homes for the expenses incurred in the placement shall be for a fair and reasonable amount as determined by the youth court.

     (5)  Funding for the pilot program shall consist of:

          (a)  Monies appropriated by the Legislature for the purposes of funding the pilot program;

          (b)  Monies dedicated by action of the board of supervisors for the purposes of funding the pilot program;

          (c)  Monies received from the federal government;

          (d)  Donations;

          (e)  Monies received from such other sources as may be provided by law; or

          (f)  Any combination of funding set forth in this subsection.

     (6)  (a)  Creation of a pilot program under this section shall be by order of the youth court of a county and solely contingent on committed funding as set forth in this section.

          (b)  Any youth court electing to operate a pilot program under this section shall report on the placements made and all expenses incurred under the pilot program to the Administrative Office of Courts not less than every six (6) months, and the Supreme Court shall ensure that the Legislature is informed of the status of the pilot program on at least an annual basis.

          (c)  The Administrative Office of Courts shall be responsible for certification of advance funding and continued monitoring of any Community-Based Placement for At-risk Children Program created as a pilot program under the authority of this section.

     SECTION 2.  This act shall take effect and be in force from and after its passage.