Bill Text: MS HB1171 | 2018 | Regular Session | Engrossed
Bill Title: Department of Child Protection Services; make technical and substantive changes regarding powers and duties of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-26 - Died In Conference [HB1171 Detail]
Download: Mississippi-2018-HB1171-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representative Gipson
House Bill 1171
(As Passed the House)
AN ACT TO AMEND SECTIONS 7-9-41, 7-9-43, 9-1-105, 11-46-1, 11-46-8, 37-23-77, 37-106-69, 37-115-43, 41-3-18, 41-7-173, 41-21-67, 41-67-12, 41-87-5, 43-1-12, 43-1-63, 43-14-1, 43-14-5, 43-15-3, 43-15-5, 43-15-6, 43-15-7, 43-15-11, 43-15-15, 43-15-17, 43-15-19, 43-15-21, 43-15-23, 43-15-51, 43-15-103, 43-15-105, 43-15-107, 43-15-109, 43-15-113, 43-15-115, 43-15-117, 43-15-119, 43-15-121, 43-15-125, 43-15-201, 43-15-203, 43-15-207, 43-16-3, 43-16-21, 43-18-3, 43-18-5, 43-20-8, 43-21-105, 43-21-203, 43-21-257, 43-21-261, 43-21-301, 43-21-309, 43-21-315, 43-21-351, 43-21-353, 43-21-354, 43-21-357, 43-21-405, 43-21-603, 43-21-561, 43-21-613, 43-26-1, 43-27-101, 43-27-103, 43-27-109, 43-27-113, 43-27-115, 43-27-117, 57-39-43, 93-5-23, 93-17-3, 93-17-5, 93-17-8, 93-17-11, 93-17-12, 93-17-53, 93-17-57, 93-17-59, 93-17-61, 93-17-63, 93-17-65, 93-17-67, 93-17-69, 93-17-101, 93-17-103, 93-17-107, 93-17-109, 93-17-203, 93-21-307, 93-21-311, 93-31-3, 97-3-54.1, 97-5-24, 37-5-39, 97-5-51, 97-29-49 AND 43-21-251, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL AMENDMENTS TO CERTAIN PROVISIONS OF LAW PERTAINING TO THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF CHILD PROTECTION SERVICES TO ACCURATELY REFLECT THE SEPARATION OF THE DEPARTMENT OF CHILD PROTECTION SERVICES FROM THE DEPARTMENT OF HUMAN SERVICES; TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO EXEMPT PERSONNEL ACTIONS OF THE DEPARTMENT OF CHILD PROTECTION SERVICES FROM THE RULES AND REGULATIONS OF THE STATE PERSONNEL BOARD FOR A PERIOD OF ONE YEAR; TO CREATE NEW SECTION 43-26-5, MISSISSIPPI CODE OF 1972, TO GIVE THE DEPARTMENT OF CHILD PROTECTION SERVICES CERTAIN POWERS AND DUTIES; TO CREATE NEW SECTION 43-26-3, MISSISSIPPI CODE OF 1972, TO GIVE THE COMMISSIONER OF THE DEPARTMENT OF CHILD PROTECTION SERVICES CERTAIN POWERS AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 7-9-41, Mississippi Code of 1972, is amended as follows:
7-9-41. (1) All support and maintenance funds appropriated for the operating expenses of all departments, institutions, agencies, boards and commissions, supported wholly or in part by the state, shall be drawn from the State Treasury only upon the issuance of individual warrants by the State Fiscal Officer in direct payment for goods sold or services performed, except where specifically provided otherwise in these statutes. The said State Fiscal Officer shall issue his warrants only upon requisitions signed by the proper person, officer or officers.
(2) In the case of the state institutions of higher learning, meeting with the written approval of the State Fiscal Officer, such funds may be drawn from the Treasury in the manner prescribed hereinbelow, and when such system of withdrawal is approved by the State Fiscal Officer, it shall not be changed except on the approval of both said parties.
The executive heads, together with the secretary or other person in charge of the books and accounts, of the state institutions of higher learning, if they receive such written approval, shall make up, in the form prescribed by the State Fiscal Officer and the State Treasurer, checklists of all salaries, accounts, bills, contracts and claims which shall have accrued during the month. Based upon such statement and in company with it, the state institutions of higher learning, through their proper officers, shall make requisition upon the State Fiscal Officer for only so much money as shall then be needed to pay salaries, accounts, bills, contracts and claims which may then be due, together with a reasonable amount for contingent expenses.
Such requisitions may be drawn upon the State Fiscal Officer's accounts, who shall draw its warrants on the Treasurer from time to time as required, payable to the official depository provided in Section 7-9-43. In the case of special appropriations made for buildings and permanent improvements, repairs, furniture, fixtures, and special supplies, and in all cases where it is not practicable to furnish a detailed statement, such funds may be drawn in installments at such times and in such amounts as necessity may require, and the requisitions for same must be accompanied by a general statement of the proposed purchases and expenditures.
In all cases where such lump-sum payments are authorized and paid as provided in this section, the proper officer or officers of the state institutions of higher learning shall make such additional reports to the State Fiscal Officer in the manner and at such times as he may require. Such reports shall also include other funds coming into the possession of or for the use and benefit of the state institutions of higher learning, whether such funds are regularly handled through the State Treasury or not.
(3)
In the case of the * * * Department of Human Services and the
Department of Child Protection Services, lump-sum withdrawals may only be
made as provided for in subsection (2) of this section for payments to
recipients of services provided by the department.
SECTION 2. Section 7-9-43, Mississippi Code of 1972, is amended as follows:
7-9-43.
The state institutions of higher learning * * *, the Department of Human Services and
the Department of Child Protection Services, after receiving the written
approval of the State Fiscal Officer as provided in Section 7-9-41, shall
select and make a contract with some bank to serve as a depository for funds of
the same. Said bank so selected shall qualify to receive said fund and secure
the same as required of state depositories under Section 27-105-5 before
receiving any funds, except as herein noted in the case of private hospitals.
The life of said contract with a depository shall be for five (5) years. Each
bank shall enter into a written contract, the terms of which shall be to
perform faithfully all acts and duties required of it by this and other laws of
the state. As such depository, it shall receive and keep account of all funds
and pay out same on the check of the secretary or business manager,
countersigned by the president or chairman of the board or institution. Such
bank shall receive, keep, disburse and account for all funds of the Department
of Human Services, the Department of Child Protection Services and such
state institutions of higher learning for which it shall be a
depository, and turn over all funds and accounts to its legal successor,
provided all private hospitals shall be exempted from providing depositories.
All books, accounts and reports made thereon for any funds shall conform to the requirements of the General Accounting Office, and shall be filed with the said General Accounting Office.
SECTION 3. Section 9-1-105, Mississippi Code of 1972, is amended as follows:
9-1-105. (1) Whenever any judicial officer is unwilling or unable to hear a case or unable to hold or attend any of the courts at the time and place required by law by reason of the physical disability or sickness of such judicial officer, by reason of the absence of such judicial officer from the state, by reason of the disqualification of such judicial officer pursuant to the provision of Section 165, Mississippi Constitution of 1890, or any provision of the Code of Judicial Conduct, or for any other reason, the Chief Justice of the Mississippi Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, may appoint a person as a special judge to hear the case or attend and hold a court.
(2)
Upon the request of the Chief Judge of the Court of Appeals * * *,the senior judge of a chancery or
circuit court district, the senior judge of a county court, or upon his
own motion, the Chief Justice of the Mississippi Supreme Court, with the advice
and consent of a majority of the justices of the Mississippi Supreme Court,
shall have the authority to appoint a special judge to serve on a temporary
basis in a circuit * * *,
chancery, or county court in the event of an emergency or overcrowded
docket. It shall be the duty of any special judge so appointed to assist the
court to which he is assigned in the disposition of causes so pending in such
court for whatever period of time is designated by the Chief Justice. The Chief Justice, in his discretion, may appoint the
special judge to hear particular cases, a particular type of case, or a particular
portion of the court's docket.
(3) When a vacancy exists for any of the reasons enumerated in Section 9-1-103, the vacancy has not been filled within seven (7) days by an appointment by the Governor, and there is a pending cause or are pending causes in the court where the vacancy exists that in the interests of justice and in the orderly dispatch of the court's business require the appointment of a special judge, the Chief Justice of the Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, may appoint a qualified person as a special judge to fill the vacancy until the Governor makes his appointment and such appointee has taken the oath of office.
(4) If the Chief Justice pursuant to this section shall make an appointment within the authority vested in the Governor by reason of Section 165, Mississippi Constitution of 1890, the Governor may at his election appoint a person to so serve. In the event that the Governor makes such an appointment, any appointment made by the Chief Justice pursuant to this section shall be void and of no further force or effect from the date of the Governor's appointment.
(5) When a judicial officer is unwilling or unable to hear a case or unable or unwilling to hold court for a period of time not to exceed two (2) weeks, the trial judge or judges of the affected district or county and other trial judges may agree among themselves regarding the appointment of a person for such case or such limited period of time. The trial judges shall submit a notice to the Chief Justice of the Supreme Court informing him of their appointment. If the Chief Justice does not appoint another person to serve as special judge within seven (7) days after receipt of such notice, the person designated in such order shall be deemed appointed.
(6) A person appointed to serve as a special judge may be any currently sitting or retired chancery, circuit or county court judge, Court of Appeals judge or Supreme Court Justice, or any other person possessing the qualifications of the judicial office for which the appointment is made; provided, however, that a judge or justice who was retired from service at the polls shall not be eligible for appointment as a special judge in the district in which he served prior to his defeat.
(7) Except as otherwise provided in subsection (2) of this section, the need for an appointment pursuant to this section may be certified to the Chief Justice of the Mississippi Supreme Court by any attorney in good standing or other officer of the court.
(8) The order appointing a person as a special judge pursuant to this section shall describe as specifically as possible the duration of the appointment.
(9) A special judge appointed pursuant to this section shall take the oath of office, if necessary, and shall, for the duration of his appointment, enjoy the full power and authority of the office to which he is appointed.
(10) Any currently sitting justice or judge appointed as a special judge under this section shall receive no additional compensation for his or her service as special judge. Any other person appointed as a special judge hereunder shall, for the period of his service, receive compensation from the state for each day's service a sum equal to 1/260 of the current salary in effect for the judicial office; provided, however, that no retired chancery, circuit or county court judge, retired Court of Appeals judge or any retired Supreme Court Justice appointed as a special judge pursuant to this section may, during any fiscal year, receive compensation in excess of fifty percent (50%) of the current salary in effect for a chancery or circuit court judge. Any person appointed as a special judge shall be reimbursed for travel expenses incurred in the performance of the official duties to which he may be appointed hereunder in the same manner as other public officials and employees as provided by Section 25-3-41, Mississippi Code of 1972.
(11) If any person appointed as such special judge is receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Sections 25-11-1 through 25-11-139, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of such service, nor shall any sum be deducted as contributions toward retirement under said law.
(12) The Supreme Court shall have authority to prescribe rules and regulations reasonably necessary to implement and give effect to the provisions of this section.
(13) Nothing in this section shall abrogate the right of attorneys engaged in a case to agree upon a member of the bar to preside in a case pursuant to Section 165 of the Mississippi Constitution of 1890.
(14) The Supreme Court shall prepare the necessary payroll for special judges appointed pursuant to this section and shall submit such payroll to the Department of Finance and Administration.
(15) Special judges appointed pursuant to this section shall direct requests for reimbursement for travel expenses authorized pursuant to this section to the Supreme Court and the Supreme Court shall submit such requests to the Department of Finance and Administration. The Supreme Court shall have the power to adopt rules and regulations regarding the administration of travel expenses authorized pursuant to this section.
SECTION 4. Section 11-46-1, Mississippi Code of 1972, is amended as follows:
11-46-1. As used in this chapter, the following terms shall have the meanings ascribed unless the context otherwise requires:
(a) "Claim" means any demand to recover damages from a governmental entity as compensation for injuries.
(b) "Claimant" means any person seeking compensation under the provisions of this chapter, whether by administrative remedy or through the courts.
(c) "Board" means the Mississippi Tort Claims Board.
(d) "Department" means the Department of Finance and Administration.
(e) "Director" means the executive director of the department who is also the executive director of the board.
(f) "Employee" means any officer, employee or servant of the State of Mississippi or a political subdivision of the state, including elected or appointed officials and persons acting on behalf of the state or a political subdivision in any official capacity, temporarily or permanently, in the service of the state or a political subdivision whether with or without compensation, including firefighters who are members of a volunteer fire department that is a political subdivision. The term "employee" shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the state or a political subdivision; and
(i) For purposes of the limits of liability provided for in Section 11-46-15, the term "employee" shall include:
1. Physicians under contract to provide health services with the State Board of Health, the State Board of Mental Health or any county or municipal jail facility while rendering services under the contract;
2. Any physician, dentist or other health care practitioner employed by the University of Mississippi Medical Center (UMMC) and its departmental practice plans who is a faculty member and provides health care services only for patients at UMMC or its affiliated practice sites, including any physician or other health care practitioner employed by UMMC under an arrangement with a public or private health-related organization;
3. Any physician, dentist or other health care practitioner employed by any university under the control of the Board of Trustees of State Institutions of Higher Learning who practices only on the campus of any university under the control of the Board of Trustees of State Institutions of Higher Learning;
4. Any physician, dentist or other health care practitioner employed by the State Veterans Affairs Board and who provides health care services for patients for the State Veterans Affairs Board;
(ii)
The term "employee" shall also include Mississippi Department of * * * Child Protection Services licensed
foster parents for the limited purposes of coverage under the Tort Claims Act
as provided in Section 11-46-8; and
(iii) The term "employee" also shall include any employee or member of the governing board of a charter school but shall not include any person or entity acting in the capacity of an independent contractor to provide goods or services under a contract with a charter school.
(g) "Governmental entity" means the state and political subdivisions.
(h) "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that is actionable at law or in equity.
(i) "Political subdivision" means any body politic or body corporate other than the state responsible for governmental activities only in geographic areas smaller than that of the state, including, but not limited to, any county, municipality, school district, charter school, volunteer fire department that is a chartered nonprofit corporation providing emergency services under contract with a county or municipality, community hospital as defined in Section 41-13-10, airport authority, or other instrumentality of the state, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.
(j) "State" means the State of Mississippi and any office, department, agency, division, bureau, commission, board, institution, hospital, college, university, airport authority or other instrumentality thereof, whether or not the body or instrumentality has the authority to levy taxes or to sue or be sued in its own name.
(k) "Law" means all species of law, including, but not limited to, any and all constitutions, statutes, case law, common law, customary law, court order, court rule, court decision, court opinion, court judgment or mandate, administrative rule or regulation, executive order, or principle or rule of equity.
SECTION 5. Section 11-46-8, Mississippi Code of 1972, is amended as follows:
11-46-8.
Mississippi Department of * * *Human Child Protection Services licensed foster parents
shall be covered under this chapter for claims made by parties other than the
foster child which are based on inadequate supervision or inadequate care of
the foster child on the part of the foster parent.
SECTION 6. Section 37-23-77, Mississippi Code of 1972, is amended as follows:
37-23-77.
If a child, as defined in Sections 37-23-61 and 37-23-63, is under the legal
guardianship of the * * *
Mississippi Department of * * * Child Protection Services, or any
other state agency, and for whom no foster parents are available and no state-funded
institution placement is available, funds available under Section 37-23-1
et seq. may be used to provide for the education of the child in an institution
approved by the Department of * * * Child Protection Services and the
State Department of Education. However, if the educational services needed by
the child are available in a state funded institution, these funds shall not be
used to pay for educational services at that institution. At any such time a
child is taken out of a school setting and placed under the custody of the
Department of * * *
Child Protection Services, the department shall immediately notify the
State Department of Education and apply for funds for the child's educational
services under Section 37-23-1 et seq. and the State Department of Education
shall respond to the application within ten (10) working days. The special
education and related services provided for this child shall be provided in
compliance with State Department of Education regulations. The State
Department of Education shall promulgate such regulations as are necessary to
implement this section.
The State Department of Education shall require that the special education and related services provided for the children under this section be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.
SECTION 7. Section 37-106-69, Mississippi Code of 1972, is amended as follows:
37-106-69. (1) There is established a forgivable loan program to encourage family protection workers employed by the Department of Human Services and the Department of Child Protection Services to obtain the college education necessary to become licensed as a social worker, master social worker or certified social worker and become a family protection specialist for the department.
(2) Any person who is employed as a family protection worker for the Department of Human Services and the Department of Child Protection Services shall be eligible for a forgivable loan from the board which shall be used to pay the costs of the person's education at a state institution of higher learning in Mississippi to obtain a college degree that is necessary to become licensed as a social worker, master social worker or certified social worker and become a family protection specialist for the department. The annual amount of a forgivable loan award under the program shall be equal to the total cost of tuition and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition and fees assessed by a state institution of higher learning during that school year.
(3) Forgivable loans made under the program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of forgivable loans that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain the necessary degree, shall be established by rules and regulations of the board. Forgivable loans made under the program shall not be based upon an applicant's financial need. A student must maintain a "C" average or higher in his or her college coursework in order to continue receiving the forgivable loan.
(4) Repayment and conversion terms shall be the same as those outlined in Section 37-106-53, except for the following:
(a) After a person who received a forgivable loan under the program has obtained a college degree that is necessary to become licensed as a social worker, master social worker or certified social worker and has received such a license from the Board of Examiners for Social Workers and Marriage and Family Therapists, the person shall render service as a family protection specialist for the Department of Human Services and the Department of Child Protection Services for a period of not less than three (3) years from the date that the person became a family protection specialist;
(b) Any person who fails to complete his or her service obligation as a family protection specialist for the Department of Human Services and the Department of Child Protection Services for not less than three (3) years, as required under subsection (4)(a) of this section, shall become liable immediately to the board for the sum of all forgivable loan awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.
(5) It is the intent of the Legislature that the pursuit of necessary college education by family protection workers through the forgivable loan program shall not interfere with the duties of the family protection workers with the Department of Human Services and the Department of Child Protection Services. The department shall promulgate regulations regarding family protection workers who participate in the forgivable loan program to ensure that such participation does not interfere with their duties with the department.
(6) The board shall promulgate rules and regulations necessary for the proper administration of the forgivable loan program established under this section. The board shall be the administering agency of the program.
(7) The total amount of state funds that may be expended for this program shall not exceed Three Hundred Twenty Thousand Dollars ($320,000.00) in any fiscal year.
SECTION 8. Section 37-115-43, Mississippi Code of 1972, is amended as follows:
37-115-43.
(1) The University of Mississippi Medical Center, in collaboration with the
Mississippi Department of * * *Human Child Protection Services and the Office of the
Attorney General, is authorized and empowered to establish a Center of
Excellence (Center) * * *
to provide care for abused and neglected children at the Blair E. Batson
Hospital for Children located in Jackson, Mississippi, where suspected victims
of child maltreatment referred by the Department of * * * Child Protection Services or law
enforcement will receive comprehensive physical examinations conducted by
medical professionals who specialize in child maltreatment. The University of
Mississippi Medical Center shall promulgate such policies as may be necessary
and desirable to carry out the programs of the Center. The Center shall serve
as a resource for the assessment, investigation and prosecution of child
maltreatment. The Center shall work in collaboration with the Office of the
Attorney General, the Mississippi Department of * * * Child Protection Services,
and other such state agencies and entities that provide services to children * * * to ensure that CARE Clinic services are
provided in a uniform fashion throughout the state.
(2) The Department of Pediatrics may use the Center for educational and outreach programs, telemedicine consultations, to develop satellite clinics in other locations in the state in cooperation with the local community or private hospital when applicable, and to conduct major research initiatives in child maltreatment.
(3)
The Center of Excellence shall provide services to maltreated children and
comply with national certification standards as necessary to provide services
to the Department of * * *
Child Protection Services, the youth courts, state child advocacy
centers, district attorney's offices and law enforcement agencies.
(4) There is created in the State Treasury a special fund to be known as the Children's Safe Center Fund. The University of Mississippi Medical Center shall expend funds pursuant to appropriation therefor by the Legislature for the support and maintenance of the Children's Safe Center. The University of Mississippi Medical Center is authorized to accept any and all grants, donations or matching funds from private, public or federal sources in order to add to, improve and enlarge the physical facilities of the Center and to expend any such funds for the support and maintenance of the Center. Assessments from Section 99-19-73 designated for the Children's Safe Center Fund shall be deposited into the fund. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.
SECTION 9. Section 41-3-18, Mississippi Code of 1972, is amended as follows:
41-3-18. (1) The board shall assess fees in the following amounts and for the following purposes:
(a) Food establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Category 1................................... $ 30.00
Assessment Category 2................................... 100.00
Assessment Category 3................................... 150.00
Assessment Category 4................................... 200.00
(b) Private water supply approval fee........ $ 10.00
The board may develop such reasonable standards, rules and regulations to clearly define each assessment category. Assessment categories shall be based upon the factors to the public health implications of the category and type of food preparation being utilized by the food establishment, utilizing the model Food Code of 1995, or as may be amended by the federal Food and Drug Administration.
Any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.
(2) The fee authorized under subsection (1)(a) of this section shall not be assessed for:
(a) Food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including, without limitation, the state institutions of higher learning and the State Penitentiary; and
(b) Persons who make infrequent casual sales of honey and who pack or sell less than five hundred (500) gallons of honey per year, and those persons shall not be inspected by the State Department of Health unless requested by the producer.
(3)
The fee authorized under subsection (1)(b) of this section shall not be
assessed for private water supplies used by foster homes licensed by the
Department of * * *
Child Protection Services.
SECTION 10. Section 41-7-173, Mississippi Code of 1972, is amended as follows:
41-7-173. For the purposes of Section 41-7-171 et seq., the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Affected person" means (i) the applicant; (ii) a person residing within the geographic area to be served by the applicant's proposal; (iii) a person who regularly uses health care facilities or HMOs located in the geographic area of the proposal which provide similar service to that which is proposed; (iv) health care facilities and HMOs which have, prior to receipt of the application under review, formally indicated an intention to provide service similar to that of the proposal being considered at a future date; (v) third-party payers who reimburse health care facilities located in the geographical area of the proposal; or (vi) any agency that establishes rates for health care services or HMOs located in the geographic area of the proposal.
(b) "Certificate of need" means a written order of the State Department of Health setting forth the affirmative finding that a proposal in prescribed application form, sufficiently satisfies the plans, standards and criteria prescribed for such service or other project by Section 41-7-171 et seq., and by rules and regulations promulgated thereunder by the State Department of Health.
(c) (i) "Capital expenditure," when pertaining to defined major medical equipment, shall mean an expenditure which, under generally accepted accounting principles consistently applied, is not properly chargeable as an expense of operation and maintenance and which exceeds One Million Five Hundred Thousand Dollars ($1,500,000.00).
(ii)
"Capital expenditure," when pertaining to other than major medical
equipment, shall mean any expenditure which under generally accepted accounting
principles consistently applied is not properly chargeable as an expense of
operation and maintenance and which exceeds, for clinical health services, as
defined in * * *
paragraph (k) below, Five Million Dollars ($5,000,000.00), adjusted for
inflation as published by the State Department of Health or which exceeds, for
nonclinical health services, as defined in * * * paragraph (k) below, Ten
Million Dollars ($10,000,000.00), adjusted for inflation as published by the
State Department of Health.
(iii) A "capital expenditure" shall include the acquisition, whether by lease, sufferance, gift, devise, legacy, settlement of a trust or other means, of any facility or part thereof, or equipment for a facility, the expenditure for which would have been considered a capital expenditure if acquired by purchase. Transactions which are separated in time but are planned to be undertaken within twelve (12) months of each other and are components of an overall plan for meeting patient care objectives shall, for purposes of this definition, be viewed in their entirety without regard to their timing.
(iv) In those instances where a health care facility or other provider of health services proposes to provide a service in which the capital expenditure for major medical equipment or other than major medical equipment or a combination of the two (2) may have been split between separate parties, the total capital expenditure required to provide the proposed service shall be considered in determining the necessity of certificate of need review and in determining the appropriate certificate of need review fee to be paid. The capital expenditure associated with facilities and equipment to provide services in Mississippi shall be considered regardless of where the capital expenditure was made, in state or out of state, and regardless of the domicile of the party making the capital expenditure, in state or out of state.
(d) "Change of ownership" includes, but is not limited to, inter vivos gifts, purchases, transfers, lease arrangements, cash and/or stock transactions or other comparable arrangements whenever any person or entity acquires or controls a majority interest of an existing health care facility, and/or the change of ownership of major medical equipment, a health service, or an institutional health service. Changes of ownership from partnerships, single proprietorships or corporations to another form of ownership are specifically included. However, "change of ownership" shall not include any inherited interest acquired as a result of a testamentary instrument or under the laws of descent and distribution of the State of Mississippi.
(e) "Commencement of construction" means that all of the following have been completed with respect to a proposal or project proposing construction, renovating, remodeling or alteration:
(i) A legally binding written contract has been consummated by the proponent and a lawfully licensed contractor to construct and/or complete the intent of the proposal within a specified period of time in accordance with final architectural plans which have been approved by the licensing authority of the State Department of Health;
(ii) Any and all permits and/or approvals deemed lawfully necessary by all authorities with responsibility for such have been secured; and
(iii) Actual bona fide undertaking of the subject proposal has commenced, and a progress payment of at least one percent (1%) of the total cost price of the contract has been paid to the contractor by the proponent, and the requirements of this paragraph (e) have been certified to in writing by the State Department of Health.
Force account expenditures, such as deposits, securities, bonds, et cetera, may, in the discretion of the State Department of Health, be excluded from any or all of the provisions of defined commencement of construction.
(f) "Consumer" means an individual who is not a provider of health care as defined in paragraph (q) of this section.
(g) "Develop," when used in connection with health services, means to undertake those activities which, on their completion, will result in the offering of a new institutional health service or the incurring of a financial obligation as defined under applicable state law in relation to the offering of such services.
(h) "Health care facility" includes hospitals, psychiatric hospitals, chemical dependency hospitals, skilled nursing facilities, end-stage renal disease (ESRD) facilities, including freestanding hemodialysis units, intermediate care facilities, ambulatory surgical facilities, intermediate care facilities for the mentally retarded, home health agencies, psychiatric residential treatment facilities, pediatric skilled nursing facilities, long-term care hospitals, comprehensive medical rehabilitation facilities, including facilities owned or operated by the state or a political subdivision or instrumentality of the state, but does not include Christian Science sanatoriums operated or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts. This definition shall not apply to facilities for the private practice, either independently or by incorporated medical groups, of physicians, dentists or health care professionals except where such facilities are an integral part of an institutional health service. The various health care facilities listed in this paragraph shall be defined as follows:
(i) "Hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, or rehabilitation services for the rehabilitation of injured, disabled or sick persons. Such term does not include psychiatric hospitals.
(ii) "Psychiatric hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of persons with mental illness.
(iii) "Chemical dependency hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, medical and related services for the diagnosis and treatment of chemical dependency such as alcohol and drug abuse.
(iv) "Skilled nursing facility" means an institution or a distinct part of an institution which is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
(v) "End-stage renal disease (ESRD) facilities" means kidney disease treatment centers, which includes freestanding hemodialysis units and limited care facilities. The term "limited care facility" generally refers to an off-hospital-premises facility, regardless of whether it is provider or nonprovider operated, which is engaged primarily in furnishing maintenance hemodialysis services to stabilized patients.
(vi) "Intermediate care facility" means an institution which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide, but who, because of their mental or physical condition, require health-related care and services (above the level of room and board).
(vii) "Ambulatory surgical facility" means a facility primarily organized or established for the purpose of performing surgery for outpatients and is a separate identifiable legal entity from any other health care facility. Such term does not include the offices of private physicians or dentists, whether for individual or group practice, and does not include any abortion facility as defined in Section 41-75-1(f).
(viii) "Intermediate care facility for the mentally retarded" means an intermediate care facility that provides health or rehabilitative services in a planned program of activities to persons with an intellectual disability, also including, but not limited to, cerebral palsy and other conditions covered by the Federal Developmentally Disabled Assistance and Bill of Rights Act, Public Law 94-103.
(ix) "Home health agency" means a public or privately owned agency or organization, or a subdivision of such an agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals at the written direction of a licensed physician, in the individual's place of residence, skilled nursing services provided by or under the supervision of a registered nurse licensed to practice in Mississippi, and one or more of the following services or items:
1. Physical, occupational or speech therapy;
2. Medical social services;
3. Part-time or intermittent services of a home health aide;
4. Other services as approved by the licensing agency for home health agencies;
5. Medical supplies, other than drugs and biologicals, and the use of medical appliances; or
6. Medical services provided by an intern or resident-in-training at a hospital under a teaching program of such hospital.
Further, all skilled nursing services and those services listed in items 1 through 4 of this subparagraph (ix) must be provided directly by the licensed home health agency. For purposes of this subparagraph, "directly" means either through an agency employee or by an arrangement with another individual not defined as a health care facility.
This subparagraph (ix) shall not apply to health care facilities which had contracts for the above services with a home health agency on January 1, 1990.
(x)
"Psychiatric residential treatment facility" means any nonhospital
establishment with permanent licensed facilities which provides a twenty-four-hour
program of care by qualified therapists, including, but not limited to, duly
licensed mental health professionals, psychiatrists, psychologists,
psychotherapists and licensed certified social workers, for emotionally
disturbed children and adolescents referred to such facility by a court, local
school district or by the Department of * * * Child Protection Services, who are
not in an acute phase of illness requiring the services of a psychiatric
hospital, and are in need of such restorative treatment services. For purposes
of this subparagraph, the term "emotionally disturbed" means a
condition exhibiting one or more of the following characteristics over a long
period of time and to a marked degree, which adversely affects educational
performance:
1. An inability to learn which cannot be explained by intellectual, sensory or health factors;
2. An inability to build or maintain satisfactory relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal circumstances;
4. A general pervasive mood of unhappiness or depression; or
5. A tendency to develop physical symptoms or fears associated with personal or school problems. An establishment furnishing primarily domiciliary care is not within this definition.
(xi) "Pediatric skilled nursing facility" means an institution or a distinct part of an institution that is primarily engaged in providing to inpatients skilled nursing care and related services for persons under twenty-one (21) years of age who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
(xii) "Long-term care hospital" means a freestanding, Medicare-certified hospital that has an average length of inpatient stay greater than twenty-five (25) days, which is primarily engaged in providing chronic or long-term medical care to patients who do not require more than three (3) hours of rehabilitation or comprehensive rehabilitation per day, and has a transfer agreement with an acute care medical center and a comprehensive medical rehabilitation facility. Long-term care hospitals shall not use rehabilitation, comprehensive medical rehabilitation, medical rehabilitation, sub-acute rehabilitation, nursing home, skilled nursing facility or sub-acute care facility in association with its name.
(xiii) "Comprehensive medical rehabilitation facility" means a hospital or hospital unit that is licensed and/or certified as a comprehensive medical rehabilitation facility which provides specialized programs that are accredited by the Commission on Accreditation of Rehabilitation Facilities and supervised by a physician board certified or board eligible in physiatry or other doctor of medicine or osteopathy with at least two (2) years of training in the medical direction of a comprehensive rehabilitation program that:
1. Includes evaluation and treatment of individuals with physical disabilities;
2. Emphasizes education and training of individuals with disabilities;
3. Incorporates at least the following core disciplines:
* * *a. Physical Therapy;
* * *b. Occupational Therapy;
* * *c. Speech and Language Therapy;
* * *d. Rehabilitation Nursing; and
4. Incorporates at least three (3) of the following disciplines:
* * *a. Psychology;
* * *b. Audiology;
* * *c. Respiratory Therapy;
* * *d. Therapeutic Recreation;
* * *e. Orthotics;
* * *f. Prosthetics;
* * *g. Special Education;
* * *h. Vocational Rehabilitation;
* * *i. Psychotherapy;
* * *j. Social Work;
* * *k. Rehabilitation Engineering.
These specialized programs include, but are not limited to: spinal cord injury programs, head injury programs and infant and early childhood development programs.
(i) "Health maintenance organization" or "HMO" means a public or private organization organized under the laws of this state or the federal government which:
(i) Provides or otherwise makes available to enrolled participants health care services, including substantially the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services, and out-of-area coverage;
(ii) Is compensated (except for copayments) for the provision of the basic health care services listed in subparagraph (i) of this paragraph to enrolled participants on a predetermined basis; and
(iii) Provides physician services primarily:
1. Directly through physicians who are either employees or partners of such organization; or
2. Through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).
(j) "Health service area" means a geographic area of the state designated in the State Health Plan as the area to be used in planning for specified health facilities and services and to be used when considering certificate of need applications to provide health facilities and services.
(k) "Health services" means clinically related (i.e., diagnostic, treatment or rehabilitative) services and includes alcohol, drug abuse, mental health and home health care services. "Clinical health services" shall only include those activities which contemplate any change in the existing bed complement of any health care facility through the addition or conversion of any beds, under Section 41-7-191(1)(c) or propose to offer any health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered, under Section 41-7-191(1)(d). "Nonclinical health services" shall be all other services which do not involve any change in the existing bed complement or offering health services as described above.
(l) "Institutional health services" shall mean health services provided in or through health care facilities and shall include the entities in or through which such services are provided.
(m) "Major medical equipment" means medical equipment designed for providing medical or any health-related service which costs in excess of One Million Five Hundred Thousand Dollars ($1,500,000.00). However, this definition shall not be applicable to clinical laboratories if they are determined by the State Department of Health to be independent of any physician's office, hospital or other health care facility or otherwise not so defined by federal or state law, or rules and regulations promulgated thereunder.
(n) "State Department of Health" or "department" shall mean the state agency created under Section 41-3-15, which shall be considered to be the State Health Planning and Development Agency, as defined in paragraph (u) of this section.
(o) "Offer," when used in connection with health services, means that it has been determined by the State Department of Health that the health care facility is capable of providing specified health services.
(p) "Person" means an individual, a trust or estate, partnership, corporation (including associations, joint-stock companies and insurance companies), the state or a political subdivision or instrumentality of the state.
(q) "Provider" shall mean any person who is a provider or representative of a provider of health care services requiring a certificate of need under Section 41-7-171 et seq., or who has any financial or indirect interest in any provider of services.
(r) "Radiation therapy services" means the treatment of cancer and other diseases using ionizing radiation of either high energy photons (x-rays or gamma rays) or charged particles (electrons, protons or heavy nuclei). However, for purposes of a certificate of need, radiation therapy services shall not include low energy, superficial, external beam x-ray treatment of superficial skin lesions.
(s) "Secretary" means the Secretary of Health and Human Services, and any officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.
(t) "State Health Plan" means the sole and official statewide health plan for Mississippi which identifies priority state health needs and establishes standards and criteria for health-related activities which require certificate of need review in compliance with Section 41-7-191.
(u) "State Health Planning and Development Agency" means the agency of state government designated to perform health planning and resource development programs for the State of Mississippi.
SECTION 11. Section 41-21-67, Mississippi Code of 1972, is amended as follows:
41-21-67. (1) Whenever the affidavit provided for in Section 41-21-65 is filed with the chancery clerk, the clerk, upon direction of the chancellor of the court, shall issue a writ directed to the sheriff of the proper county to take into custody the person alleged to be in need of treatment and to bring the person before the clerk or chancellor, who shall order pre-evaluation screening and treatment by the appropriate community mental health center established under Section 41-19-31. The community mental health center will be designated as the first point of entry for screening and treatment. If the community mental health center is unavailable, any reputable licensed physician, psychologist, nurse practitioner or physician assistant, as allowed in the discretion of the court, may conduct the pre-evaluation screening and examination as set forth in Section 41-21-69. The order may provide where the person shall be held before the appearance before the clerk or chancellor. However, when the affidavit fails to set forth factual allegations and witnesses sufficient to support the need for treatment, the chancellor shall refuse to direct issuance of the writ. Reapplication may be made to the chancellor. If a pauper's affidavit is filed by a guardian for commitment of the ward of the guardian, the court shall determine if the ward is a pauper and if the ward is determined to be a pauper, the county of the residence of the respondent shall bear the costs of commitment, unless funds for those purposes are made available by the state.
In any county in which a Crisis Intervention Team has been established under the provisions of Sections 41-21-131 through 41-21-143, the clerk, upon the direction of the chancellor, may require that the person be referred to the Crisis Intervention Team for appropriate psychiatric or other medical services before the issuance of the writ.
(2) Upon issuance of the writ, the chancellor shall immediately appoint and summon two (2) reputable, licensed physicians or one (1) reputable, licensed physician and either one (1) psychologist, nurse practitioner or physician assistant to conduct a physical and mental examination of the person at a place to be designated by the clerk or chancellor and to report their findings to the clerk or chancellor. However, any nurse practitioner or physician assistant conducting the examination shall be independent from, and not under the supervision of, the other physician conducting the examination. In all counties in which there is a county health officer, the county health officer, if available, may be one (1) of the physicians so appointed. Neither of the physicians nor the psychologist, nurse practitioner or physician assistant selected shall be related to that person in any way, nor have any direct or indirect interest in the estate of that person nor shall any full-time staff of residential treatment facilities operated directly by the State Department of Mental Health serve as examiner.
(3) The clerk shall ascertain whether the respondent is represented by an attorney, and if it is determined that the respondent does not have an attorney, the clerk shall immediately notify the chancellor of that fact. If the chancellor determines that the respondent for any reason does not have the services of an attorney, the chancellor shall immediately appoint an attorney for the respondent at the time the examiners are appointed.
(4) If the chancellor determines that there is probable cause to believe that the respondent is mentally ill and that there is no reasonable alternative to detention, the chancellor may order that the respondent be retained as an emergency patient at any licensed medical facility for evaluation by a physician, nurse practitioner or physician assistant and that a peace officer transport the respondent to the specified facility. If the community mental health center serving the county has partnered with Crisis Intervention Teams under the provisions of Sections 41-21-131 through 41-21-143, the order may specify that the licensed medical facility be a designated single point of entry within the county or within an adjacent county served by the community mental health center. If the person evaluating the respondent finds that the respondent is mentally ill and in need of treatment, the chancellor may order that the respondent be retained at the licensed medical facility or any other available suitable location as the court may so designate pending an admission hearing. If necessary, the chancellor may order a peace officer or other person to transport the respondent to that facility or suitable location. Any respondent so retained may be given such treatment as is indicated by standard medical practice. However, the respondent shall not be held in a hospital operated directly by the State Department of Mental Health, and shall not be held in jail unless the court finds that there is no reasonable alternative.
(5) (a) Whenever a licensed psychologist, nurse practitioner or physician assistant who is certified to complete examinations for the purpose of commitment or a licensed physician has reason to believe that a person poses an immediate substantial likelihood of physical harm to himself or others or is gravely disabled and unable to care for himself by virtue of mental illness, as defined in Section 41-21-61(e), then the physician, psychologist, nurse practitioner or physician assistant may hold the person or may admit the person to and treat the person in a licensed medical facility, without a civil order or warrant for a period not to exceed seventy-two (72) hours. However, if the seventy-two-hour period begins or ends when the chancery clerk's office is closed, or within three (3) hours of closing, and the chancery clerk's office will be continuously closed for a time that exceeds seventy-two (72) hours, then the seventy-two-hour period is extended until the end of the next business day that the chancery clerk's office is open. The person may be held and treated as an emergency patient at any licensed medical facility, available regional mental health facility, or crisis intervention center. The physician or psychologist, nurse practitioner or physician assistant who holds the person shall certify in writing the reasons for the need for holding.
If a person is being held and treated in a licensed medical facility, and that person decides to continue treatment by voluntarily signing consent for admission and treatment, the seventy-two-hour hold may be discontinued without filing an affidavit for commitment. Any respondent so held may be given such treatment as indicated by standard medical practice. Persons acting in good faith in connection with the detention and reporting of a person believed to be mentally ill shall incur no liability, civil or criminal, for those acts.
(b)
Whenever an individual is held for purposes of receiving treatment as
prescribed under paragraph (a) of this subsection, and it is communicated to
the mental health professional holding the individual that the individual
resides or has visitation rights with a minor child, and if the individual is
considered to be a danger to the minor child, the mental health professional
shall notify the Department of * * * Child Protection Services prior to
discharge if the threat of harm continues to exist, as is required under
Section 43-21-353.
This paragraph shall be known and may be cited as the "Andrew Lloyd Law."
SECTION 12. Section 41-67-12, Mississippi Code of 1972, is amended as follows:
41-67-12. (1) The department shall assess fees in the following amounts for the following purposes:
(a) A fee of One Hundred Dollars ($100.00) shall be levied for soil and site evaluation and recommendation of individual on-site wastewater disposal systems. The department may increase the amount of the fee authorized in this paragraph (a) not more than two (2) times during the period from July 1, 2016, through June 30, 2020, with the percentage of each increase being not more than five percent (5%) of the amount of the fee in effect at the time of the increase.
(b) A fee of Fifty Dollars ($50.00) shall be levied annually for the certification of installers and pumpers.
(c) A fee of One Hundred Dollars ($100.00) shall be levied annually for the registration of manufacturers.
Any increase in the fee charged by the department under paragraph (b) or (c) of this subsection shall be in accordance with the provisions of Section 41-3-65.
(2) In the discretion of the board, a person shall be liable for a penalty equal to one and one-half (1-1/2) times the amount of the fee due and payable for failure to pay the fee on or before the date due, plus any amount necessary to reimburse the cost of collection.
(3)
No fee authorized under this section shall be assessed by the department
for state agencies or institutions, including, without limitation,
foster homes licensed by the Mississippi Department of * * * Child Protection Services.
SECTION 13. Section 41-87-5, Mississippi Code of 1972, is amended as follows:
41-87-5. Unless the context requires otherwise, the following definitions in this section apply throughout this chapter:
(a) "Eligible infants and toddlers" or "eligible children" means children from birth through thirty-six (36) months of age who need early intervention services because they:
(i) Are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one or more of the following areas:
(A) Cognitive development;
(B) Physical development, including vision or hearing;
(C) Communication development;
(D) Social or emotional development;
(E) Adaptive development;
(ii) Have a diagnosed physical or mental condition, as defined in state policy, that has a high probability of resulting in developmental delay;
(iii) Are at risk of having substantial developmental delays if early intervention services are not provided due to conditions as defined in state policy. (This category may be served at the discretion of the lead agency contingent upon available resources.)
(b) "Early intervention services" are developmental services that:
(i) Are provided under public supervision;
(ii) Are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees;
(iii) Are designed to meet the developmental needs of an infant or toddler with a disability in any one or more of the following areas:
(A) Physical development;
(B) Cognitive development;
(C) Communication development;
(D) Social or emotional development; or
(E) Adaptive development;
(iv) Meet the requirements of Part C of the Individuals with Disabilities Education Act (IDEA) and the early intervention standards of the State of Mississippi;
(v) Include, but are not limited to, the following services:
(A) Assistive technology devices and assistive technology services;
(B) Audiology;
(C) Family training, counseling and home visits;
(D) Health services necessary to enable a child to benefit from other early intervention services;
(E) Medical services only for diagnostic or evaluation purposes;
(F) Nutrition services;
(G) Occupational therapy;
(H) Physical therapy;
(I) Psychological services;
(J) Service coordination (case management);
(K) Social work services;
(L) Special instruction;
(M) Speech-language pathology;
(N) Transportation and related costs that are necessary to enable an infant or toddler and her/his family to receive early intervention services; and
(O) Vision services;
(vi) Are provided by qualified personnel as determined by the state's personnel standards, including:
(A) Audiologists;
(B) Family therapists;
(C) Nurses;
(D) Nutritionists;
(E) Occupational therapists;
(F) Orientation and mobility specialists;
(G) Pediatricians and other physicians;
(H) Physical therapists;
(I) Psychologists;
(J) Social workers;
(K) Special educators;
(L) Speech and language pathologists;
(vii) Are provided, to the maximum extent appropriate, in natural environments, including the home, and community settings in which children without disabilities would participate;
(viii) Are provided in conformity with an individualized family service plan.
(c) "Council" means the State Interagency Coordinating Council established under Section 41-87-7.
(d) "Lead agency" means the State Department of Health.
* * *
( * * *e) "Local community" means a
county either jointly, severally, or a portion thereof, participating in the
provision of early intervention services.
( * * *f) "Primary service agency"
means the agency, whether a state agency, local agency, local interagency
council or service provider which is designated by the lead agency to serve as
the fiscal and contracting agent for a local community.
( * * *g) "Multidisciplinary team"
means a group comprised of the parent(s) or legal guardian and the service
providers, as appropriate, described in paragraph (b) of this section, who are
assembled for the purposes of:
(i) Assessing the developmental needs of an infant or toddler;
(ii) Developing the individualized family service plan; and
(iii) Providing the infant or toddler and his or her family with the appropriate early intervention services as detailed in the individualized family service plan.
( * * *h) "Individualized family service
plan" means a written plan designed to address the needs of the infant or
toddler and his or her family as specified under Section 41-87-13.
( * * *i) "Early intervention
standards" means those standards established by any agency or agencies
statutorily designated the responsibility to establish standards for infants
and toddlers with disabilities, in coordination with the council and in
accordance with Part C of IDEA.
( * * *j) "Early intervention
system" means the total collaborative effort in the state that is directed
at meeting the needs of eligible children and their families.
( * * *k) "Parent," for the purpose
of early intervention services, means a parent, a guardian, a person acting as
a parent of a child, foster parent, or an appointed surrogate parent. The term
does not include the state if the child is a ward of the state where the child
has not been placed with individuals to serve in a parenting capacity, such as
foster parents, or when a surrogate parent has not been appointed. When a
child is the ward of the state, a Department of * * * Child Protection Services
representative will act as parent for purposes of service authorization.
( * * *l) "Policies" means the
state statutes, regulations, Governor's orders, directives by the lead agency,
or other written documents that represent the state's position concerning any
matter covered under this chapter.
( * * *m) "Regulations" means the
United States Department of Education's regulations concerning the governance
and implementation of Part C of IDEA, the Early Intervention Program for
Infants and Toddlers with Disabilities.
SECTION 14. Section 43-1-11, Mississippi Code of 1972, is amended as follows:
43-1-11.
The boards of supervisors of the various counties of this state are hereby
authorized and empowered, in their discretion, to expend and appropriate such
sums as they deem necessary out of any available county funds for the purpose
of providing office space for the * * * Department
of Child Protection Services and Department of Human Services. This
includes, but is not limited to, adequate office space for the efficient
conduct of business, as well as providing for payment of electricity, water,
gas, maintenance and repair of the building, and janitorial services and
supplies.
SECTION 15. Section 43-1-12, Mississippi Code of 1972, is amended as follows:
43-1-12.
The governing authority of any municipality or county in this state is
authorized and empowered, in its discretion, to expend such funds as it deems
necessary and desirable, from any available funds of the municipality or
county, to: (a) match any state, federal or private funds available for any
program administered by the * * * Department of Child Protection
Services or the Department of Human Services in this state; and/or (b) make
a voluntary contribution to any such program.
SECTION 16. Section 43-1-63, Mississippi Code of 1972, is amended as follows:
43-1-63.
The Department of * * *
Child Protection Services shall have the authority to use the services
and resources of the State Department of Education and the State Department of
Health and of all other appropriate state departments, agencies, institutions
or political subdivisions as will aid in carrying out the purposes of this
chapter. It shall be the duty of all such state departments, agencies and
institutions to make available such services and resources to the department,
including, but not necessarily limited to, such services and resources as may
be required to perform appropriate criminal history record checks on prospective
foster and relative child placements for the purpose of preventing and
detecting abuse and neglect.
SECTION 17. Section 43-14-1, Mississippi Code of 1972, is amended as follows:
43-14-1. (1) The purpose of this chapter is to provide for the development, implementation and oversight of a coordinated interagency system of necessary services and care for children and youth, called the Mississippi Statewide System of Care, up to age twenty-one (21) with serious emotional/behavioral disorders including, but not limited to, conduct disorders, or mental illness who require services from a multiple services and multiple programs system, and who can be successfully diverted from inappropriate institutional placement. The Mississippi Statewide System of Care is to be conducted in the most fiscally responsible (cost-efficient) manner possible, based on an individualized plan of care which takes into account other available interagency programs, including, but not limited to, Early Intervention Act of Infants and Toddlers, Section 41-87-1 et seq., Early Periodic Screening Diagnosis and Treatment, Section 43-13-117(A)(5), waivered program for home- and community-based services for developmentally disabled people, Section 43-13-117(A)(29), and waivered program for targeted case management services for children with special needs, Section 43-13-117(A)(31), those children identified through the federal Individuals with Disabilities Education Act of 1997 as having a serious emotional disorder (EMD), the Mississippi Children's Health Insurance Program and waivered programs for children with serious emotional disturbances, Section 43-13-117(A)(46), and is tied to clinically and functionally appropriate outcomes. Some of the outcomes are to reduce the number of inappropriate out-of-home placements inclusive of those out-of-state and to reduce the number of inappropriate school suspensions and expulsions for this population of children. This coordinated interagency system of necessary services and care shall be named the Mississippi Statewide System of Care. Children to be served by this chapter who are eligible for Medicaid shall be screened through the Medicaid Early Periodic Screening Diagnosis and Treatment (EPSDT) and their needs for medically necessary services shall be certified through the EPSDT process. For purposes of this chapter, the Mississippi Statewide System of Care is defined as a coordinated network of agencies and providers working as a team to make a full range of mental health and other necessary services available as needed by children with mental health problems and their families. The Mississippi Statewide System of Care shall be:
(a) Child centered, family focused, family driven and youth guided;
(b) Community based;
(c) Culturally competent and responsive; and shall provide for:
(i) Service coordination or case management;
(ii) Prevention and early identification and intervention;
(iii) Smooth transitions among agencies and providers, and to the transition-age and adult service systems;
(iv) Human rights protection and advocacy;
(v) Nondiscrimination in access to services;
(vi) A comprehensive array of services composed of treatment and informal supports that are identified as best practices and/or evidence-based practices;
(vii) Individualized service planning that uses a strengths-based, wraparound process;
(viii) Services in the least restrictive environment;
(ix) Family participation in all aspects of planning, service delivery and evaluation; and
(x) Integrated services with coordinated planning across child-serving agencies.
Mississippi Statewide System of Care services shall be timely, intensive, coordinated and delivered in the community. Mississippi Statewide System of Care services shall include, but not be limited to, the following:
(a) Comprehensive crisis and emergency response services;
(b) Intensive case management;
(c) Day treatment;
(d) Alcohol and drug abuse group services for youth;
(e) Individual, group and family therapy;
(f) Respite services;
(g) Supported employment services for youth;
(h) Family education and support and family partners;
(i) Youth development and support and youth partners;
(j) Positive behavioral supports (PBIS) in schools;
(k) Transition-age supported and independent living services; and
(l) Vocational/technical education services for youth.
(2) There is established the Interagency Coordinating Council for Children and Youth (hereinafter referred to as the "ICCCY"). The ICCCY shall consist of the following membership: (a) The State Superintendent of Public Education;
(b) The Executive Director of the Mississippi Department of Mental Health;
(c) The Executive Director of the State Department of Health;
(d) The Executive Director of the Department of Human Services;
(e) The Executive Director of the Division of Medicaid, Office of the Governor;
(f) The Executive Director of the State Department of Rehabilitation Services;
(g) The Executive Director of Mississippi Families as Allies for Children's Mental Health, Inc.;
(h) The Attorney General;
(i) A family member of a child or youth in the population named in this chapter designated by Mississippi Families as Allies;
(j) A youth or young adult in the population named in this chapter designated by Mississippi Families as Allies;
(k) A local MAP team coordinator designated by the Department of Mental Health;
(l) A child psychiatrist experienced in the public mental health system designated by the Mississippi Psychiatric Association;
(m) An individual with expertise and experience in early childhood education designated jointly by the Department of Mental Health and Mississippi Families as Allies;
(n)
A representative of an organization that advocates on behalf of disabled
citizens in Mississippi designated by the Department of Mental Health; * * *
(o)
A faculty member or dean from a Mississippi university specializing in training
professionals who work in the Mississippi Statewide System of Care designated
by the Board of Trustees of State Institutions of Higher Learning * * *; and
(p) The Commissioner of the Department of Child Protection Services.
If a member of the council designates a representative to attend council meetings, the designee shall bring full decision-making authority of the member to the meeting. The council shall select a chairman, who shall serve for a one-year term and may not serve consecutive terms. The council shall adopt internal organizational procedures necessary for efficient operation of the council. Each member of the council shall designate necessary staff of their departments to assist the ICCCY in performing its duties and responsibilities. The ICCCY shall meet and conduct business at least twice annually. The chairman of the ICCCY shall notify all ICCCY members and all other persons who request such notice as to the date, time, place and draft agenda items for each meeting.
(3)
The Interagency System of Care Council (ISCC) is created to serve as the state
management team for the ICCCY, with the responsibility of collecting and
analyzing data and funding strategies necessary to improve the operation of the
Mississippi Statewide System of Care, and to make recommendations to the ICCCY
and to the Legislature concerning such strategies on, at a minimum, an annual
basis. The System of Care Council also has the responsibility of coordinating
the local Multidisciplinary Assessment and Planning (MAP) teams and
"A" teams and may apply for grants from public and private sources
necessary to carry out its responsibilities. The Interagency System of Care
Council shall be comprised of one (1) member from each of the appropriate child-serving
divisions or sections of the State Department of Health, the Department of
Human Services * * *, the
State Department of Mental Health (Division of Children and Youth, Bureau of
Alcohol and Drug Abuse, and Bureau of Intellectual and Developmental
Disabilities), the State Department of Education (Office of Special Education
and Office of Healthy Schools), the Division of Medicaid of the Governor's
Office, the Department of Rehabilitation Services, * * * the Attorney General's office, and the
Department of Child Protection Services. Additional members shall include
a family member of a child, youth or transition-age youth representing a family
education and support 501(c)3 organization, working with the population named
in this chapter designated by Mississippi Families as Allies, an individual
with expertise and experience in early childhood education designated jointly
by the Department of Mental Health and Mississippi Families as Allies, a local
MAP team representative and a local "A" team representative
designated by the Department of Mental Health, a probation officer designated
by the Department of Corrections, a family member and youth or young adult
designated by Mississippi Families as Allies for Children's Mental Health, Inc.,
(MSFAA), and a family member other than a MSFAA representative to be designated
by the Department of Mental Health and the Director of the Compulsory School
Attendance Enforcement of the State Department of Education. Appointments to
the Interagency System of Care Council shall be made within sixty (60) days
after June 30, 2010. The council shall organize by selecting a chairman from
its membership to serve on an annual basis, and the chairman may not serve
consecutive terms.
(4)
(a) As part of the Mississippi Statewide System of Care, there is established
a statewide system of local Multidisciplinary Assessment, Planning and Resource
(MAP) teams. The MAP teams shall be comprised of one (1) representative each
at the county level from the major child-serving public agencies for education,
human services, health, mental health and rehabilitative services approved by
respective state agencies of the Department of Education, the Department of
Human Services, the Department of Health, the Department of Mental Health * * * the Department of Rehabilitation Services,
and the Department of Child Protection Services. These agencies shall, by
policy, contract or regulation require participation on MAP teams and
"A" teams at the county level by the appropriate staff. Three (3)
additional members may be added to each team, one (1) of which may be a
representative of a family education/support 501(c)3 organization with
statewide recognition and specifically established for the population of
children defined in Section 43-14-1. The remaining members will be
representatives of significant community-level stakeholders with resources that
can benefit the population of children defined in Section 43-14-1. The
Department of Education shall assist in recruiting and identifying parents to
participate on MAP teams and "A" teams.
(b) For each local existing MAP team that is established pursuant to paragraph (a) of this subsection, there
shall also be established an "A" (Adolescent) team which shall work with a MAP team. The "A" teams shall provide System of Care services for youthful offenders who have serious behavioral or emotional disorders. Each "A" team shall be comprised of, at a minimum, the following five (5) members:
(i) A school counselor, mental health therapist or social worker;
(ii) A community mental health professional;
(iii) A social services/child welfare professional;
(iv) A youth court counselor; and
(v) A parent who had a child in the juvenile justice system.
(c) The Interagency Coordinating Council for Children and Youth and the Interagency System of Care Council shall work to develop MAP teams statewide that will serve to become the single point of entry for children and youth about to be placed in out-of-home care for reasons other than parental abuse/neglect.
(5) The Interagency Coordinating Council for Children and Youth may provide input to one another and to the ISCC relative to how each agency utilizes its federal and state statutes, policy requirements and funding streams to identify and/or serve children and youth in the population defined in this section. The ICCCY shall support the implementation of the plans of the respective state agencies for comprehensive, community-based, multidisciplinary care, treatment and placement of these children.
(6) The ICCCY shall oversee a pool of state funds that may be contributed by each participating state agency and additional funds from the Mississippi Tobacco Health Care Expenditure Fund, subject to specific appropriation therefor by the Legislature. Part of this pool of funds shall be available for increasing the present funding levels by matching Medicaid funds in order to increase the existing resources available for necessary community-based services for Medicaid beneficiaries.
(7) The local interagency coordinating care MAP team or "A" team will facilitate the development of the individualized System of Care programs for the population targeted in this section.
(8) Each local MAP team and "A" team shall serve as the single point of entry and re-entry to ensure that comprehensive diagnosis and assessment occur and shall coordinate needed services through the local MAP team and "A" team members and local service providers for the children named in subsection (1). Local children in crisis shall have first priority for access to the MAP team and "A" team processes and local System of Care services.
(9) The Interagency Coordinating Council for Children and Youth shall facilitate monitoring of the performance of local MAP teams.
(10) Each ICCCY member named in subsection (2) of this section shall enter into a binding memorandum of understanding to participate in the further development and oversight of the Mississippi Statewide System of Care for the children and youth described in this section. The agreement shall outline the system responsibilities in all operational areas, including ensuring representation on MAP teams, funding, data collection, referral of children to MAP teams and "A" teams, and training. The agreement shall be signed and in effect by July 1 of each year.
SECTION 18. Section 43-14-5, Mississippi Code of 1972, is amended as follows:
43-14-5.
There is created in the State Treasury a special fund into which shall be
deposited all funds contributed by the Department of Human Services, State
Department of Health, Department of Mental Health * * * and State Department of Rehabilitation
Services, and the Department of Child Protection Services insofar as
recipients are otherwise eligible under the Rehabilitation Act of 1973, as
amended, and State Department of Education for the operation of a statewide
System of Care by MAP teams and "A" teams utilizing such funds as may
be made available to those MAP teams through a Request for Proposal (RFP) approved
by the ICCCY.
SECTION 19. Section 43-15-3, Mississippi Code of 1972, is amended as follows:
43-15-3.
The Department of * * *
Child Protection Services is hereby authorized, empowered and directed
to cooperate fully with the United States Children's Bureau and Secretary of
Labor in establishing, extending and strengthening "child welfare
services" for the protection and care of homeless, dependent and neglected
children and children in danger of becoming delinquent. Said Department of * * * Child Protection Services is
further authorized, empowered and directed to cooperate with the United States
Children's Bureau and Secretary of Labor in developing plans for said
"child welfare services" and extending any other cooperation
necessary under Section 521 of Public Law No. 271-74th Congress of the United
States.
In
furtherance of the "child welfare services" referred to in the first
paragraph hereof the State Treasurer is hereby authorized and directed to
receive on behalf of the state, and to execute all instruments incidental
thereto, federal or other funds to be used for "child welfare
services," and to place such funds in a special account to the credit of
the "child welfare services," which said funds shall be expended by
the Department of * * *
Child Protection Services for the purposes and under the provisions of
this article and Section 521 of Public Law No. 271-74th Congress of the United
States. It shall be paid out by the State Treasurer as funds appropriated to
carry out the provisions of said laws.
The
Department of * * *
Child Protection Services shall issue all checks on said "child
welfare services" fund to persons entitled to payment from said fund. All
such sums shall be drawn upon the "child welfare services" fund upon
requisition of the * * * Commissioner of the Department of
Child Protection Services.
The
money in the "child welfare services" fund shall be expended in
accordance with the rules and regulations of the United States Children's
Bureau and Secretary of Labor and in accordance with the plan developed by the
Department of * * *
Child Protection Services and the United States Children's Bureau under
Section 521 of Public Law No. 271-74th Congress of the United States, and shall
not be used for any other purpose.
If
a claim for foster care and/or adoption assistance under Title IV-E of the
federal Social Security Act is not acted upon within a reasonable time after
the filing of the claim, or is denied in whole or in part, the claimant may
appeal to the * * * Commissioner of the
Department of Child Protection Services in the manner and form prescribed
by the Department of * * *
Child Protection Services. The * * *
Commissioner of the Department of Child Protection Services shall, upon
receipt of such an appeal, give the claimant reasonable notice and opportunity
for a fair hearing. The Director of the Division of Family and Children's
Services may also, upon his or her own motion, review any decision regarding a
claim, and may consider any claim upon which a decision has not been made
within a reasonable time. All decisions of the Director of Family and Children's
Services shall be final and binding.
SECTION 20. Section 43-15-5, Mississippi Code of 1972, is amended as follows:
43-15-5.
(1) The Department of * * *
Child Protection Services shall have authority and it shall be its duty
to administer or supervise all public child welfare services, including those
services, responsibilities, duties and powers with which the county departments
of * * * child
protection services are charged and empowered in this article; administer
and supervise the licensing and inspection of all private child placing
agencies; provide for the care of dependent and neglected children in foster
family homes or in institutions, supervise the care of such children and those
of illegitimate birth; supervise the importation of children; and supervise the
operation of all state institutions for children. The Department of * * * Child Protection Services shall be
authorized to purchase hospital and medical insurance coverage for those
children placed in foster care by the state or county departments of * * * child protection services who are
not otherwise eligible for medical assistance under the Mississippi Medicaid
Law. The Department of * * *Human Child Protection Services shall be further
authorized to purchase burial or life insurance not exceeding One Thousand Five
Hundred Dollars ($1,500.00) for those children placed in foster care by the
state or county departments of * * * child protection services. All
insurance coverage authorized herein may be purchased with any funds other than
state funds available to the Department of * * * Child Protection Services,
including those funds available to the child which are administered by the
department.
(2)
Any person, partnership, group, corporation, organization or association
desiring to operate a child residential home, as defined in Section 43-16-3,
may make application for a license for such a facility to the Department of * * * Child Protection Services on the
application forms furnished for this purpose by the department. If an
applicant meets the published rules and regulations of the department regarding
minimum standards for a child residential home, then the applicant shall be
granted a license by the department.
SECTION 21. Section 43-15-6, Mississippi Code of 1972, is amended as follows:
43-15-6. (1) Any person, institution, facility, clinic, organization or other entity that provides services to children in a residential setting where care, lodging, maintenance, and counseling or therapy for alcohol or controlled substance abuse or for any other emotional disorder or mental illness is provided for children, whether for compensation or not, that holds himself, herself, or itself out to the public as providing such services, and that is entrusted with the care of the children to whom he, she, or it provides services, because of the nature of the services and the setting in which the services are provided shall be subject to the provisions of this section.
(2) Each entity to which this section applies shall complete, through the appropriate governmental authority, a national criminal history record information check and a child abuse registry check for each owner, operator, employee, prospective employee, volunteer or prospective volunteer of the entity and/or any other that has or may have unsupervised access to a child served by the entity. In order to determine the applicant's suitability for employment, the entity shall ensure that the applicant be fingerprinted by local law enforcement, and the results forwarded to the Department of Public Safety. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(3) An owner, operator, employee, prospective employee, volunteer or prospective volunteer of the entity and/or any other that has or may have unsupervised access to a child who has a criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, that bears upon an individual's fitness to have responsibility for the safety and well-being of children as set forth in this chapter may not provide child care or operate, or be licensed as, a residential child care program, foster parent, or foster home.
(4) All fees incurred in compliance with this section shall be borne by the individual or entity to which subsection (1) applies.
(5)
The Department of * * *
Child Protection Services shall have the authority to set fees, to
exclude a particular crime or crimes or a substantiated finding of child abuse
and/or neglect as disqualifying individuals or entities from providing foster
care or residential child care, and adopt such other rules and regulations as
may be required to carry out the provisions of this section.
(6) Any entity that violates the provisions of this section by failure to complete sex offense criminal history record information and felony conviction record information checks, as required under subsection (3) of this section, shall be subject to a penalty of up to Ten Thousand Dollars ($10,000.00) for each such violation and may be enjoined from further operation until it complies with this section in actions maintained by the Attorney General.
(7) The Department of Human Services and the Department of Child Protection Services and/or its officers, employees, attorneys, agents and representatives shall not be held civilly liable for any findings, recommendations or actions taken pursuant to this section.
SECTION 22. Section 43-15-7, Mississippi Code of 1972, is amended as follows:
43-15-7.
The * * * Department of Child Protection Services is
hereby authorized to provide protective services for children as will conserve
home life; assume responsibility for the care and support of dependent children
needing public care away from their homes; place children found by the
department to be dependent or without proper care in suitable institutions or
private homes, and cooperate with public and private institutions and agencies
in placing such children in suitable institutions or private homes; accept
custody or guardianship, through one of its designated employees, of any child,
when appointed as custodian or guardian in the manner provided by law.
The board of supervisors in each county is hereby empowered, in its discretion, to set aside and appropriate out of the tax levied and collected to support the poor of the county or out of the county general fund necessary monies to be administered by the county department of public welfare to carry out the provisions of this section.
SECTION 23. Section 43-15-11, Mississippi Code of 1972, is amended as follows:
43-15-11.
(1) The board of supervisors of any county and/or the mayor and board of
commissioners of any city and/or the mayor and board of aldermen of any
municipality in this state are hereby authorized and empowered, in their
discretion, to expend out of any * * * monies in their respective
treasuries, to be drawn by warrant thereon, a sum or sums of money not
exceeding a total of Twenty-five Dollars ($25.00) annually per Million Dollars
($1,000,000.00) of the assessed valuation of the real and personal property
thereof for the purpose of providing for the care, support and maintenance of
homeless or destitute children of any county or municipality of this state who
are supported, cared for, maintained and placed for adoption by any children's
home society which operates over and serves the entire State of Mississippi,
and which is approved and licensed by the Mississippi Department of * * * Child Protection Services.
(2) The authority granted in this section is supplemental of and in addition to all existing authority for the expenditure of funds by such boards of supervisors and municipal governing authorities.
SECTION 24. Section 43-15-15, Mississippi Code of 1972, is amended as follows:
43-15-15.
The State Department of * * *Public Welfare Child Protection Services shall maintain
a registry of children whose custody lies with them and private or public
agencies licensed by the department. Said registry shall contain
classifications of children as:
(a) Temporary custody for evaluation, not to exceed three (3) months;
(b) Temporary custody not to exceed one (1) year with the plan to return custody to the natural parents;
(c) Temporary custody, not to exceed two (2) years, with a plan to free for adoption;
(d) Children freed for adoption;
(e) Children ages fourteen (14) and above who have voluntarily chosen not to be adopted and cannot be returned to their own homes; and
(f) Children who are institutionalized and for whom placement in an adoptive home is not feasible.
SECTION 25. Section 43-15-17, Mississippi Code of 1972, is amended as follows:
43-15-17. (1) The Department of Child Protection Services is authorized to make such payments as may be appropriate for supportive services to facilitate either the return of children to their natural parents or their adoption, depending upon and contingent upon the availability of the Department of Child Protection Services securing or having sufficient funds to render this supportive service. Upon court order, the parent(s) shall be responsible for reimbursing the department for any foster care or kinship care payments made on behalf of his or her child, based upon financial ability to pay, until such time as there is a termination of parental rights regarding the child, or the child is adopted.
(2)
For those children placed in foster care * * *, the Department of Child Protection Services shall
make monthly payments for the support of these children's room and board,
clothing, allowance and personal needs. From and after July 1, 1998, and
subject to the availability of funds specifically appropriated therefor, the
Department of Child Protection Services' foster care and therapeutic care
monthly payment schedule in effect before that date shall be increased by One
Hundred Dollars ($100.00) per month, with that minimum payment not to preclude
the department from increasing payments in later years as funds become
available. From and after July 1, 1998, in order for foster parents to receive
the monthly payments authorized under this subsection (2), the Department of
Child Protection Services shall require foster care placements to be licensed
as foster care homes and shall require prospective foster parents to
satisfactorily complete an appropriate training program that emphasizes the
goal of the foster care program to provide stable foster placement until a
permanency outcome is achieved.
(3)
For a child placed in the care of the child's relative within the third degree
by the * * * Department of Child Protection
Services, unless a child is placed in the care of a relative who is exempt
from foster care training requirements, the department shall make monthly
payments to defray the relative's expense of furnishing room and board. The
department's relative care payment shall be in an amount up to one hundred
percent (100%) of the amount of the foster care board payment. The department
may continue to make those payments to the relative after the department relinquishes
legal custody of the child to the relative if the relative has complied with
foster care training requirements. Any such payments for relative care shall
be subject to specific appropriation therefor by the Legislature.
SECTION 26. Section 43-15-19, Mississippi Code of 1972, is amended as follows:
43-15-19.
(1) The * * * Department of Child Protection
Services shall maintain a Mississippi Adoption Resource Exchange registry,
which shall contain a total listing of all children freed for adoption as well
as a listing of all persons who wish to adopt children and who are approved by
a licensed adoption agency in the State of Mississippi. * * * The registry shall be distributed
to all * * * licensed adoption agencies within the state and shall
be updated at least quarterly. The * * * Department of * * * Child Protection Services
shall establish regulations for listing descriptive characteristics while
protecting the privacy of the children's names. Listed names shall be removed
when adoption placement plans are made for a child or when a person withdraws
an application for adoption.
(2)
Adoptive parents shall be given the option of having their names placed in the
registry. They shall be required to give written authority to the * * * Department of
Child Protection Services, for approval, to place their names in the
registry * * *.
SECTION 27. Section 43-15-21, Mississippi Code of 1972, is amended as follows:
43-15-21.
Anyone violating or releasing information of a confidential nature without the
approval of the court with jurisdiction or the State Department of * * * Child Protection Services
upon being found guilty shall be guilty of a misdemeanor and subject to a fine
of no more than One Thousand Dollars ($1,000.00) or imprisonment of six (6)
months, or both.
SECTION 28. Section 43-15-23, Mississippi Code of 1972, is amended as follows:
43-15-23. (1) As used in this section the term "placing out" means to arrange for the free care of a child in a family, other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.
(2)
No person, agency, association, corporation, institution, society or other
organization, except a child placement agency licensed by the Department of * * *Child Protection Services
under Section 43-15-5, shall request, receive or accept any compensation or
thing of value, directly or indirectly, for placing out of a child.
(3)
No person shall pay or give any compensation or thing of value, directly or
indirectly, for placing out of a child to any person, agency, association,
corporation, institution, society or other organization except a child
placement agency licensed by the Department of * * * Child Protection Services.
(4)
The provisions of this section shall not be construed to (a) prevent the
payment of salaries or other compensation by a child placement agency licensed
by the Department of * * * Child Protection Services to the officers or
employees thereof; (b) prevent the payment of legal fees, which have been
approved by the chancery court, to an attorney for services performed in regard
to adoption proceedings; (c) prevent the payment of reasonable and actual
medical fees or hospital charges for services rendered in connection with the
birth or medical treatment of such child to the physician or hospital which
rendered the services; or (d) prevent the receipt of such payments by such
attorney, physician or hospital.
(5) Any person, agency, association, corporation, institution, society or other organization violating the provisions of this section shall be guilty of illegal placement of children and shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment not more than five (5) years, or both such fine and imprisonment.
SECTION 29. Section 43-15-51, Mississippi Code of 1972, is amended as follows:
43-15-51.
(1) The district attorneys or the Department of * * * Child Protection Services may
initiate formal cooperative agreements with the appropriate agencies to create
multidisciplinary child protection teams in order to implement a coordinated
multidisciplinary team approach to intervention in reports involving alleged
severe or potential felony child physical or sexual abuse, exploitation, or
maltreatment. The multidisciplinary team also may be known as a child abuse
task force. The purpose of the team or task force shall be to assist in the
evaluation and investigation of reports and to provide consultation and
coordination for agencies involved in child protection cases. The agencies to
be included as members of the multidisciplinary team are: the district
attorney's office, city and county law enforcement agencies, county attorneys,
youth court prosecutors, and other agencies as appropriate.
(2) To implement the multidisciplinary child abuse team, the team or task force must be authorized by court order from the appropriate youth court. The court order will designate which agencies will participate in the cooperative multidisciplinary team.
(3) (a) Teams created under this section may invite other persons to serve on the team who have knowledge of and experience in child abuse and neglect matters. These persons may include licensed mental and physical health practitioners and physicians, dentists, representatives of the district attorney's office and the Attorney General's office, experts in the assessment and treatment of substance abuse or sexual abuse, the victim assistance coordinator of the district attorney's office and staff members of a child advocacy center.
(b) (i) A child advocacy center means an agency that advocates on behalf of children alleged to have been abused and assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and promoting the coordination of services for children alleged to have been abused. A child advocacy center provides services that include, but are not limited to, forensic medical examinations, mental health and related support services, court advocacy, consultation, training for social workers, law enforcement training, and child abuse multidisciplinary teams, and staffing of multidisciplinary teams.
(ii) Child advocacy centers may provide a video-taped forensic interview of the child in a child friendly environment or separate building. The purpose of the video-taped forensic interview is to prevent further trauma to a child in the investigation and prosecution of child physical and sexual abuse cases. Child advocacy centers can also assist child victims by providing therapeutic counseling subsequent to the interview by a qualified therapist. Child advocacy centers can also assist law enforcement and prosecutors by acquainting child victim witnesses and their parents or guardians to the courtroom through child court school programs.
(4)
A team or task force created under this section shall review records on cases
referred to the team by the Department of * * * Child Protection Services or law
enforcement or the district attorney's office. The team shall meet at least
monthly.
(5)
No person shall disclose information obtained from a meeting of the
multidisciplinary team unless necessary to comply with Department of * * * Child Protection Services'
regulations or conduct and proceeding in youth court or criminal court
proceedings or as authorized by a court of competent jurisdiction.
SECTION 30. Section 43-15-103, Mississippi Code of 1972, is amended as follows:
43-15-103. As used in this article:
(a) "Agency" means a residential child-caring agency or a child-placing agency.
(b) "Child" or "children" mean(s) any unmarried person or persons under the age of eighteen (18) years.
(c) "Child placing" means receiving, accepting or providing custody or care for any child under eighteen (18) years of age, temporarily or permanently, for the purpose of:
(i) Finding a person to adopt the child;
(ii) Placing the child temporarily or permanently in a home for adoption; or
(iii) Placing a child in a foster home or residential child-caring agency.
(d) "Child-placing agency" means any entity or person which places children in foster boarding homes or foster homes for temporary care or for adoption or any other entity or person or group of persons who are engaged in providing adoption studies or foster care studies or placement services as defined by the rules of the department.
(e)
"Department" means the Mississippi Department of * * * Child Protection Services.
* * *
( * * *f) "Family boarding home" or
"foster home" means a home (occupied residence) operated by any
entity or person which provides residential child care to at least one (1)
child but not more than six (6) children who are not related to the primary
caregivers.
( * * *g) "Group care home" means
any place or facility operated by any entity or person which provides
residential child care for at least seven (7) children but not more than twelve
(12) children who are not related to the primary caregivers.
( * * *h) "Licensee" means any
person, agency or entity licensed under this article.
( * * *i) "Maternity home" means
any place or facility operated by any entity or person which receives, treats
or cares for more than one (1) child or adult who is pregnant out of wedlock,
either before, during or within two (2) weeks after childbirth; provided, that
the licensed child-placing agencies and licensed maternity homes may use a
family boarding home approved and supervised by the agency or home, as a part
of their work, for as many as three (3) children or adults who are pregnant out
of wedlock, and provided further, that the provisions of this definition shall
not include children or women who receive maternity care in the home of a
person to whom they are kin within the sixth degree of kindred computed
according to civil law, nor does it apply to any maternity care provided by
general or special hospitals licensed according to law and in which maternity
treatment and care are part of the medical services performed and the care of
children is brief and incidental.
* * *
( * * *j) "Person associated with a
licensee" means an owner, director, member of the governing body,
employee, provider of care and volunteer of a human services licensee.
( * * *k) "Related" means children,
step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood,
step-siblings, nieces or nephews of the primary care provider.
( * * *l) "Residential child care"
means the provision of supervision, and/or protection, and meeting the basic
needs of a child for twenty-four (24) hours per day, which may include services
to children in a residential setting where care, lodging, maintenance and
counseling or therapy for alcohol or controlled substance abuse or for any
other emotional disorder or mental illness is provided for children, whether
for compensation or not.
( * * *m) "Residential child-caring
agency" means any place or facility operated by any entity or person,
public or private, providing residential child care, regardless of whether
operated for profit or whether a fee is charged. Such residential child-caring
agencies include, but are not limited to, maternity homes, runaway shelters,
group homes that are administered by an agency, and emergency shelters that are
not in private residence.
SECTION 31. Section 43-15-105, Mississippi Code of 1972, is amended as follows:
43-15-105.
(1) The * * * Mississippi Department of Child
Protection Services shall be the licensing authority * * * and is vested with all the
powers, duties and responsibilities described in this article. The * * * department shall make and
establish rules and regulations regarding:
(a) Approving, extending, denying, suspending and revoking licenses for foster homes, residential child-caring agencies and child-placing agencies;
(b) Conditional licenses, variances from department rules and exclusions;
(c) Basic health and safety standards for licensees; and
(d) Minimum administration and financial requirements for licensees.
(2)
The * * *
department shall:
(a)
Define information that shall be submitted to the * * * department with an application
for a license;
(b) Establish guidelines for the administration and maintenance of client and service records, including staff qualifications, staff to client ratios;
(c) Issue licenses in accordance with this article;
(d) Conduct surveys and inspections of licensees and facilities;
(e) Establish and collect licensure fees;
(f) Investigate complaints regarding any licensee or facility;
(g) Have access to all records, correspondence and financial data required to be maintained by a licensee or facility;
(h) Have authority to interview any client, family member of a client, employee or officer of a licensee or facility; and
(i)
Have authority to revoke, suspend or extend any license issued by the * * * department.
SECTION 32. Section 43-15-107, Mississippi Code of 1972, is amended as follows:
43-15-107.
(1) Except as provided in Section 43-15-111, no person, agency, firm,
corporation, association or other entity, acting individually or jointly with
any other person or entity, may establish, conduct or maintain foster homes,
residential child-caring agencies and child-placing agencies or facility and/or
engage in child placing in this state without a valid and current license
issued by and under the authority of the * * * department as provided by this
article and the rules of the * * * department. Any out-of-state
child-placing agency that provides a full range of services, including, but not
limited to, adoptions, foster family homes, adoption counseling services or
financial aid, in this state must be licensed by the * * * department under this article.
(2) No license issued under this article is assignable or transferable.
(3) A current license shall at all times be posted in each licensee's facility, in a place that is visible and readily accessible to the public.
(4) (a) Except as otherwise provided in paragraph (b) of this subsection, each license issued under this article expires at midnight (Central Standard Time) twelve (12) months from the date of issuance unless it has been:
(i)
Previously revoked by the * * *office department; or
(ii)
Voluntarily returned to the * * * department by the licensee.
(b) (i) For any child-placing agency located in Mississippi that remains in good standing, the license issued under this article expires at midnight (Central Standard Time) twenty-four (24) months from the date of issuance unless it has been:
1.
Previously revoked by the * * * office department; or
2.
Voluntarily returned to the * * * department by the licensee.
(ii)
Any child-placing agency whose license is governed by this paragraph (b) shall
submit the following information to the * * * department annually:
1. A copy of an audit report and IRS Form 990 for the agency;
2. The agency's fee schedule; and
3. The agency's client list.
(c)
A license may be renewed upon application and payment of the applicable fee,
provided that the licensee meets the license requirements established by this
article and the rules and regulations of the * * * department.
(5)
Any licensee or facility which is in operation at the time rules are made in
accordance with this article shall be given a reasonable time for compliance as
determined by the rules of the * * * department.
SECTION 33. Section 43-15-109, Mississippi Code of 1972, is amended as follows:
43-15-109.
(1) An application for a license under this article shall be made to the * * * department and shall contain
information that the * * *
department determines is necessary in accordance with established rules.
(2)
Information received by the * * * department through reports,
complaints, investigations and inspections shall be classified as public in
accordance with Title 25, Chapter 61, Mississippi Code of 1972, Mississippi
Public Records Act.
SECTION 34. Section 43-15-113, Mississippi Code of 1972, is amended as follows:
43-15-113.
(1) If a license is revoked, the * * * department may grant a new
license after:
(a)
Satisfactory evidence is submitted to the * * * department, evidencing that the
conditions upon which revocation was based have been corrected; and
(b) Inspection and compliance with all provisions of this article and applicable rules.
(2)
The * * *
department may only suspend a license for a period of time which does
not exceed the current expiration date of that license.
(3)
When a license has been suspended, the * * * department may completely or
partially restore the suspended license upon a determination that the:
(a) Conditions upon which the suspension was based have been completely or partially corrected; and
(b) Interests of the public will not be jeopardized by restoration of the license.
SECTION 35. Section 43-15-115, Mississippi Code of 1972, is amended as follows:
43-15-115.
(1) The * * *
department may, for the purpose of ascertaining compliance with the
provisions of this article and its rules and regulations, enter and inspect on
a routine basis the facility of a licensee.
(2)
Before conducting an inspection under subsection (1), the * * * department shall, after
identifying the person in charge:
(a) Give proper identification;
(b) Request to see the applicable license;
(c) Describe the nature and purpose of the inspection; and
(d)
If necessary, explain the authority of the * * * department to conduct the
inspection and the penalty for refusing to permit the inspection.
(3)
In conducting an inspection under subsection (1), the * * * department may, after meeting
the requirements of subsection (2):
(a) Inspect the physical facilities;
(b) Inspect records and documents;
(c) Interview directors, employees, clients, family members of clients and others; and
(d) Observe the licensee in operation.
(4) An inspection conducted under subsection (1) shall be during regular business hours and may be announced or unannounced.
(5) The licensee shall make copies of inspection reports available to the public upon request.
(6)
The provisions of this section apply to on-site inspections and do not restrict
the * * *
department from contacting family members, neighbors or other
individuals, or from seeking information from other sources to determine
compliance with the provisions of this article.
SECTION 36. Section 43-15-117, Mississippi Code of 1972, is amended as follows:
43-15-117.
(1) Except as provided in this article, no person, agency, firm, corporation,
association or group children's home may engage in child placing, or solicit
money or other assistance for child placing, without a valid license issued by
the * * *
department. No out-of-state child-placing agency that provides a full
range of services, including, but not limited to, adoptions, foster family
homes, adoption counseling services or financial aid, may operate in this state
without a valid license issued by the * * * department. No child-placing
agency shall advertise in the media markets in Mississippi seeking birth
mothers or their children for adoption purposes unless the agency holds a valid
and current license issued either by the * * * department or the authorized
governmental licensing agency of another state that regulates child-placing
agencies. Any child-placing agency, physician or attorney who advertises for
child placing or adoption services in Mississippi shall be required by the * * * department to show their
principal office location on all media advertising for adoption services.
(2) An attorney who provides legal services to a client in connection with proceedings for the adoption of a child by the client, who does not receive, accept or provide custody or care for the child for the purposes specified in Section 43-15-103(c), shall not be required to have a license under this article to provide those legal services.
(3) An attorney, physician or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may be made for that assistance.
(4) Nothing in this section precludes payment of reasonable fees for medical, legal or other lawful services rendered in connection with the care of a mother, delivery and care of a child including, but not limited to, the mother's living expenses, or counseling for the parents and/or the child, and for the legal proceedings related to lawful adoption proceedings; and no provision of this section abrogates the right of procedures for independent adoption as provided by law.
(5)
The * * *
department is specifically authorized to promulgate rules under the
Administrative Procedures Law, Title 25, Chapter 43, Mississippi Code of 1972,
to regulate fees charged by licensed child-placing agencies, if it determines
that the practices of those licensed child-placing agencies demonstrates that
the fees charged are excessive or that any of the agency's practices are
deceptive or misleading; however, those rules regarding fees shall take into
account the use of any sliding fee by an agency that uses a sliding fee
procedure to permit prospective adoptive parents of varying income levels to
utilize the services of those agencies or persons.
(6)
The * * *
department shall promulgate rules under the Administrative Procedures
Law, Title 25, Chapter 43, Mississippi Code of 1972, to require that all
licensed child-placing agencies provide written disclosures to all prospective
adoptive parents of any fees or other charges for each service performed by the
agency or person, and file an annual report with the * * * department that states the fees
and charges for those services, and to require them to inform the * * * department in writing thirty
(30) days in advance of any proposed changes to the fees or charges for those
services.
(7)
The * * *
department is specifically authorized to disclose to prospective
adoptive parents or other interested persons any fees charged by any licensed
child-placing agency, attorney or counseling service or counselor for all legal
and counseling services provided by that licensed child-placing agency,
attorney or counseling service or counselor.
SECTION 37. Section 43-15-119, Mississippi Code of 1972, is amended as follows:
43-15-119.
(1) If the * * *
department finds that a violation has occurred under this article or the
rules and regulations of the division, it may:
(a)
Deny, suspend or revoke a license or place the licensee on probation, if the * * * department discovers that a
licensee is not in compliance with the laws, standards or regulations governing
its operation, and/or it finds evidence of aiding, abetting or permitting the
commission of any illegal act; or
(b)
Restrict or prohibit new admissions to the licensee's program or facility, if
the * * *
department discovers that a licensee is not in compliance with the laws,
standards or regulations governing its operation, and/or it finds evidence of
aiding, abetting or permitting the commission of any illegal act.
(2)
If placed on probation, the agency or licensee shall post a copy of the notice
in a conspicuous place as directed by the * * * department and with the
agency's or individual's license, and the agency shall notify the custodians of
each of the children in its care in writing of the agency's status and the
basis for the probation.
SECTION 38. Section 43-15-121, Mississippi Code of 1972, is amended as follows:
43-15-121.
In addition to, and notwithstanding, any other remedy provided by law, the * * * department may, in a manner
provided by law and upon the advice of the Attorney General who, except as
otherwise authorized in Section 7-5-39, shall represent the * * * department in the proceedings,
maintain an action in the name of the state for injunction or other process
against any person or entity to restrain or prevent the establishment,
management or operation of a program or facility or performance of services in
violation of this article or rules of the * * * department.
SECTION 39. Section 43-15-125, Mississippi Code of 1972, is amended as follows:
43-15-125.
The Department of * * *
Child Protective Services and/or its officers, employees, attorneys and
representatives shall not be held civilly liable for any findings,
recommendations or actions taken pursuant to this article.
SECTION 40. Section 43-15-201, Mississippi Code of 1972, is amended as follows:
43-15-201. (1) An emergency medical services provider, without a court order, shall take possession of a child who is seventy-two (72) hours old or younger if the child is voluntarily delivered to the provider by the child's parent and the parent did not express an intent to return for the child.
(2) The parent who surrenders the baby shall not be required to provide any information pertaining to his or her identity, nor shall the emergency medical services provider inquire as to same. If the identity of the parent is known to the emergency medical services provider, the emergency medical services provider shall keep the identity confidential.
(3) A female presenting herself to a hospital through the emergency room or otherwise, who is subsequently admitted for purposes of labor and delivery, does not give up the legal protections or anonymity guaranteed under this section. If the mother clearly expresses a desire to voluntarily surrender custody of the newborn after birth, the emergency medical services provider can take possession of the child, without further action by the mother, as if the child had been presented to the emergency medical services provider in the same manner outlined above in subsection (1) of this section.
(a) If the mother expresses a desire to remain anonymous, identifying information may be obtained for purposes of securing payment of labor and delivery costs only. If the birth mother is a minor, the hospital may use the identifying information to secure payment through Medicaid, but shall not notify the minor's parent or guardian without the minor's consent.
(b)
The identity of the birth mother shall not be placed on the birth certificate
or disclosed to the Department of * * * Child Protection Services.
(4) There is a presumption that by relinquishing a child in accordance with this section, the parent consents to the termination of his or her parental rights with respect to the child. As such, the parent waives the right to notification required by subsequent court proceedings.
(5) An emergency medical services provider who takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child.
SECTION 41. Section 43-15-203, Mississippi Code of 1972, is amended as follows:
43-15-203.
(1) No later than the close of the first business day after the date on which
an emergency medical services provider takes possession of a child pursuant to
Section 43-15-201, the provider shall notify the Department of * * * Child Protection Services that the
provider has taken possession of the child.
(2) The department shall assume the care, control and custody of the child immediately on receipt of notice pursuant to subsection (1). The department shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the department.
SECTION 42. Section 43-15-207, Mississippi Code of 1972, is amended as follows:
43-15-207.
For the purposes of this article, an emergency medical services provider shall
mean a licensed hospital, as defined in Section 41-9-3, which operates an
emergency department or an adoption agency duly licensed by the Department of * * * Child Protection Services. An
emergency medical services provider does not include the offices, clinics,
surgeries or treatment facilities of private physicians or dentists. No
individual licensed healthcare provider, including physicians, dentists,
nurses, physician assistants or other health professionals shall be deemed to
be an emergency medical services provider under this article unless such
individual voluntarily assumes responsibility for the custody of the child.
SECTION 43. Section 43-16-3, Mississippi Code of 1972, is amended as follows:
43-16-3. As used in this chapter, the following definitions shall apply unless the context clearly provides otherwise:
(a) "Child" means a person who has not reached the age of eighteen (18) years or who has not otherwise been legally emancipated.
(b) "Child residential home" means any place, facility or home operated by any person which receives children who are not related to the operators and whose parents or guardians are not residents of the same facility for supervision, care, lodging and maintenance for twenty-four (24) hours a day, with or without transfer of custody. This term does not include:
(i)
Residential homes licensed by the Department of * * * Child Protection Services under
Section 43-15-5;
(ii) Any public school;
(iii) Any home operated by a state agency;
(iv) Child care facilities as defined in Section 43-20-5;
(v) Youth camps as defined in Section 75-74-3;
(vi) Health care facilities licensed by the State Department of Health; or
(vii) The home of an attorney-in-fact operating under a power of attorney executed under Section 93-31-1 et seq.
(c) "Department" shall mean the State Department of Health.
(d) "Person" shall include an individual, partnership, organization, association or corporation.
SECTION 44. Section 43-16-21, Mississippi Code of 1972, is amended as follows:
43-16-21.
Notwithstanding the existence of any other remedy, the department may, in the
manner provided by law, in termtime or in vacation, upon the advice of the
Attorney General who, except as otherwise authorized in Section 7-5-39, shall
represent the department in the proceedings, maintain an action in the name of
the state for an injunction or restraining order to cease the operation of the
home, and to provide for the appropriate removal of the children from the home
and placement in the custody of the parents or legal guardians, the Department
of * * * Child
Protection Services, or any other appropriate entity in the discretion of
the court. Such action shall be brought in the chancery court or the youth
court, as appropriate, of the county in which such child residential home is
located, and shall only be initiated for the following violations:
(a) Providing supervision, care, lodging or maintenance for any children in such home without filing notification in accordance with this chapter.
(b) Failure to satisfactorily comply with local health department or State Fire Marshal inspections made pursuant to Section 43-16-15, regarding the health, nutrition, cleanliness, safety, sanitation, written records and discipline policy of such home.
(c) Suspected abuse and/or neglect of the children served by such home, as defined in Section 43-21-105.
SECTION 45. Section 43-18-3, Mississippi Code of 1972, is amended as follows:
43-18-3.
The "appropriate public authorities" as used in Article III of the
Interstate Compact on the Placement of Children shall, with reference to this
state, mean the * * * Department of Child Protection
Services. * * *
SECTION 46. Section 43-18-5, Mississippi Code of 1972, is amended as follows:
43-18-5.
As used in paragraph (a) of Article V of the Interstate Compact on the
Placement of Children, the phrase "appropriate authority in the receiving
state" with reference to this state shall mean the * * * Department of Child Protection
Services.
SECTION 47. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; any increase in the fees charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5)
The licensing agency shall require to be performed a criminal records
background check and a child abuse registry check for all operators of a child
care facility and any person living in a residence used for child care. The
Department of * * *
Child Protection Services shall have the authority to disclose to the
State Department of Health any potential applicant whose name is listed on the
Child Abuse Central Registry or has a pending administrative review. That
information shall remain confidential by all parties. In order to determine
the applicant's suitability for employment, the applicant shall be
fingerprinted. If no disqualifying record is identified at the state level,
the fingerprints shall be forwarded by the Department of Public Safety to the
FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Advisory Committee on immunization practices of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
SECTION 48. Section 43-21-105, Mississippi Code of 1972, is amended as follows:
43-21-105. The following words and phrases, for purposes of this chapter, shall have the meanings ascribed herein unless the context clearly otherwise requires:
(a) "Youth court" means the Youth Court Division.
(b) "Judge" means the judge of the Youth Court Division.
(c) "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services and the Department of Child Protection Services to be his designee.
(d) "Child" and "youth" are synonymous, and each means a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
(e) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted.
(f) "Guardian" means a court-appointed guardian of the person of a child.
(g) "Custodian" means any person having the present care or custody of a child whether such person be a parent or otherwise.
(h) "Legal custodian" means a court-appointed custodian of the child.
(i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act.
(j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior.
(k) "Child in need of supervision" means a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
(i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
(ii) While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or
(iii) Runs away from home without good cause; or
(iv) Has committed a delinquent act or acts.
(l) "Neglected child" means a child:
(i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or
(ii) Who is otherwise without proper care, custody, supervision or support; or
(iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or
(iv) Who, for any reason, lacks the care necessary for his health, morals or well-being.
(m) "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section. "Abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.
(n) "Sexual abuse" means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened.
(o) "A child in need of special care" means a child with any mental or physical illness that cannot be treated with the dispositional alternatives ordinarily available to the youth court.
(p) A "dependent
child" means any child who is not a child in need of supervision, a
delinquent child, an abused child or a neglected child, and which child has
been voluntarily placed in the custody of the Department of * * * Child Protection Services by his
parent, guardian or custodian.
(q) "Custody" means the physical possession of the child by any person.
(r) "Legal custody" means the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person.
(s) "Detention" means the care of children in physically restrictive facilities.
(t) "Shelter" means care of children in physically nonrestrictive facilities.
(u) "Records involving children" means any of the following from which the child can be identified:
(i) All youth court records as defined in Section 43-21-251;
(ii) All social records as defined in Section 43-21-253;
(iii) All law enforcement records as defined in Section 43-21-255;
(iv) All agency records as defined in Section 43-21-257; and
(v) All other documents maintained by any representative of the state, county, municipality or other public agency insofar as they relate to the apprehension, custody, adjudication or disposition of a child who is the subject of a youth court cause.
(v) "Any person
responsible for care or support" means the person who is providing for the
child at a given time. This term shall include, but is not limited to,
stepparents, foster parents, relatives, nonlicensed babysitters or other
similar persons responsible for a child and staff of residential care
facilities and group homes that are licensed by the Department of * * * Child Protection Services.
(w) The singular includes the plural, the plural the singular and the masculine the feminine when consistent with the intent of this chapter.
(x) "Out-of-home" setting means the temporary supervision or care of children by the staff of licensed day care centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
(y) "Durable legal custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties as enumerated are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children.
(z) "Status offense" means conduct subject to adjudication by the youth court that would not be a crime if committed by an adult.
(aa) "Financially able" means a parent or child who is ineligible for a court-appointed attorney.
(bb) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological or psychiatric evaluation, records review, clinical interview or the administration of a formal test and instrument.
(cc) "Screening" means a process, with or without the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment.
(dd) "Durable legal relative guardianship" means the legal status created by a youth court order that conveys the physical and legal custody of a child or children by durable legal guardianship to a relative or fictive kin who is licensed as a foster or resource parent.
(ee) "Relative" means a person related to the child by affinity or consanguinity within the third degree.
(ff) "Fictive kin" means a person not related to the child legally or biologically but who is considered a relative due to a significant, familial-like and ongoing relationship with the child and family.
(gg) "Reasonable efforts" means the exercise of reasonable care and due diligence by the Department of Human Services, the Department of Child Protection Services, or any other appropriate entity or person to use appropriate and available services to prevent the unnecessary removal of the child from the home or provide other services related to meeting the needs of the child and the parents.
SECTION 49. Section 43-21-203, Mississippi Code of 1972, is amended as follows:
43-21-203. (1) The youth court shall be in session at all times.
(2) All cases involving children shall be heard at any place the judge deems suitable but separately from the trial of cases involving adults.
(3) Hearings in all cases involving children shall be conducted without a jury and may be recessed from time to time.
(4) All hearings shall be conducted under such rules of evidence and rules of court as may comply with applicable constitutional standards.
(5) No proceeding by the youth court in cases involving children shall be a criminal proceeding but shall be entirely of a civil nature.
(6) The general public shall be excluded from the hearing, and only those persons shall be admitted who are found by the youth court to have a direct interest in the cause or work of the youth court. Any person found by the youth court to have a direct interest in the cause shall have the right to appear and be represented by legal counsel.
(7) In all hearings, except detention and shelter hearings under Section 43-21-309, a complete record of all evidence shall be taken by stenographic reporting, by mechanical or electronic device or by some combination thereof.
(8) The youth court may exclude the attendance of a child from a hearing in neglect and abuse cases with consent of the child's counsel. The youth court may exclude the attendance of a child from any portion of a disposition hearing that would be injurious to the best interest of the child in delinquency and children in need of supervision cases with consent of the child's counsel.
(9) All parties to a youth court cause shall have the right at any hearing in which an investigation, record or report is admitted in evidence:
(a) To subpoena, confront and examine the person who prepared or furnished data for the report; and
(b) To introduce evidence controverting the contents of the report.
(10) Except as provided by Section 43-21-561(5) or as otherwise provided by this chapter, the disposition of a child's cause or any evidence given in the youth court in any proceedings concerning the child shall not be admissible against the child in any case or proceeding in any court other than a youth court.
(11) Except for emergency orders, a complete record of all proceedings or hearings upon which enforceable orders are made by the youth court shall be taken by stenographic reporting, by mechanical or electronic device or by some combination thereof. Emergency orders, if oral, shall be reduced to writing within forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays.
SECTION 50. Section 43-21-257, Mississippi Code of 1972, is amended as follows:
43-21-257. (1) Unless otherwise provided in this section, any record involving children, including valid and invalid complaints, and the contents thereof maintained by the Department of Human Services, The Department of Child Protection Services, or any other state agency, shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.
(2) The Office of Youth Services shall maintain a state central registry containing the number and disposition of all cases together with such other useful information regarding those cases as may be requested and is obtainable from the records of the youth court. The Office of Youth Services shall annually publish a statistical record of the number and disposition of all cases, but the names or identity of any children shall not be disclosed in the reports or records. The Office of Youth Services shall adopt such rules as may be necessary to carry out this subsection. The central registry files and the contents thereof shall be confidential and shall not be open to public inspection. Any person who discloses or encourages the disclosure of any record involving children from the central registry shall be subject to the penalty in Section 43-21-267. The youth court shall furnish, upon forms provided by the Office of Youth Services, the necessary information, and these completed forms shall be forwarded to the Office of Youth Services.
(3)
The Department of * * *
Child Protection Services shall maintain a state central registry on
neglect and abuse cases containing (a) the name, address and age of each child,
(b) the nature of the harm reported, (c) the name and address of the person
responsible for the care of the child, and (d) the name and address of the
substantiated perpetrator of the harm reported. "Substantiated
perpetrator" shall be defined as an individual who has committed an act(s)
of sexual abuse or physical abuse that would otherwise be deemed as a felony or
any child neglect that would be deemed as a threat to life, as determined upon
investigation by the * * * Department of Child Protection
Services. "Substantiation" for the purposes of the Mississippi
Department of * * *
Child Protection Services Central Registry shall require a criminal
conviction or an adjudication by a youth court judge or court of competent
jurisdiction, ordering that the name of the perpetrator be listed on the
central registry, pending due process. The Department of * * * Child Protection Services shall
adopt such rules and administrative procedures, especially those procedures to
afford due process to individuals who have been named as substantiated
perpetrators before the release of their name from the central registry, as may
be necessary to carry out this subsection. The central registry shall be
confidential and shall not be open to public inspection. Any person who
discloses or encourages the disclosure of any record involving children from
the central registry without following the rules and administrative procedures
of the department shall be subject to the penalty in Section 43-21-267. The
Department of * * *
Child Protection Services and its employees are exempt from any civil
liability as a result of any action taken pursuant to the compilation and/or
release of information on the central registry under this section and any other
applicable section of the code, unless determined that an employee has
willfully and maliciously violated the rules and administrative procedures of
the department, pertaining to the central registry or any section of this
code. If an employee is determined to have willfully and maliciously performed
such a violation, said employee shall not be exempt from civil liability in
this regard.
(4) The Mississippi State Department of Health may release the findings of investigations into allegations of abuse within licensed day care centers made under the provisions of Section 43-21-353(8) to any parent of a child who is enrolled in the day care center at the time of the alleged abuse or at the time the request for information is made. The findings of any such investigation may also be released to parents who are considering placing children in the day care center. No information concerning those investigations may contain the names or identifying information of individual children.
The Department of Health shall not be held civilly liable for the release of information on any findings, recommendations or actions taken pursuant to investigations of abuse that have been conducted under Section 43-21-353(8).
SECTION 51. Section 43-21-261, Mississippi Code of 1972, is amended as follows:
43-21-261. (1) Except as defined in Section 43-21-255 otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff of the youth court or a Court-Appointed Special Advocate (CASA) volunteer that may be assigned in an abuse and neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure. Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety or the functioning of the youth court and then only to the following persons:
(a) The judge of another youth court or member of another youth court staff;
(b) The court of the parties in a child custody or adoption cause in another court;
(c) A judge of any other court or members of another court staff;
(d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court;
(e) Any person engaged in a bona fide research purpose, provided that no information identifying the subject of the records shall be made available to the researcher unless it is absolutely essential to the research purpose and the judge gives prior written approval, and the child, through his or her representative, gives permission to release the information;
(f) The Mississippi Department of Employment Security, or its duly authorized representatives, for the purpose of a child's enrollment into the Job Corps Training Program as authorized by Title IV of the Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.). However, no records, reports, investigations or information derived therefrom pertaining to child abuse or neglect shall be disclosed;
(g) To any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health, safety or well-being of a child and that such disclosure is in the best interests of the child or an adult who was formerly the subject of a youth court delinquency proceeding.
Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify the child or his address unless the information involves a child convicted as an adult.
(2) Any records involving children which are disclosed under an order of the youth court or pursuant to the terms of this section and the contents thereof shall be kept confidential by the person or agency to whom the record is disclosed unless otherwise provided in the order. Any further disclosure of any records involving children shall be made only under an order of the youth court as provided in this section.
(3) Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation which is to be considered by the youth court at a hearing, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person. The attorney for the parent, guardian or custodian of the child, upon request, shall be provided a copy of any record, report or investigation, that is to be considered by the youth court at a hearing, but the identity of the reporter must be redacted and the name of any other person must also be redacted if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life, safety or well-being of the person. A record provided to the attorney under this section, must remain in the attorney's control and the attorney may not provide copies or access to another person or entity without prior consent of a court with appropriate jurisdiction.
(4) Upon request, the child who is the subject of a youth court cause shall have the right to have his counsel inspect and copy any record, report or investigation which is filed with the youth court or which is to be considered by the youth court at a hearing.
(5) (a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect and copy any law enforcement record involving children.
(b) The Department of Human Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Human Services to the county prosecuting attorney or district attorney for criminal prosecution.
(c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction.
(d) Records involving children shall be disclosed to the Division of Victim Compensation of the Office of the Attorney General upon the division's request without order of the youth court for purposes of determination of eligibility for victim compensation benefits.
(6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Human Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child.
(7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality.
(8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public.
(9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section 45-33-23, for any violation of Section 41-29-139(a)(1) or for any violation of Section 63-11-30, shall not be held confidential and shall be made available to the public.
(10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only.
(11) The victim of an offense committed by a child who is the subject of a youth court cause shall have the right to be informed of the child's disposition by the youth court.
(12) A classification hearing officer of the State Department of Corrections, as provided in Section 47-5-103, shall have the right to inspect any youth court records, excluding abuse and neglect records, of any offender in the custody of the department who as a child or minor was a juvenile offender or was the subject of a youth court cause of action, and the State Parole Board, as provided in Section 47-7-17, shall have the right to inspect such records when the offender becomes eligible for parole.
(13) The youth court shall notify the Department of Public Safety of the name, and any other identifying information such department may require, of any child who is adjudicated delinquent as a result of a violation of the Uniform Controlled Substances Law.
(14) The Administrative Office of Courts shall have the right to inspect any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose.
(15) Upon a request by a youth court, the Administrative Office of Courts shall disclose all information at its disposal concerning any previous youth court intakes alleging that a child was a delinquent child, child in need of supervision, child in need of special care, truant child, abused child or neglected child, as well as any previous youth court adjudications for the same and all dispositional information concerning a child who at the time of such request comes under the jurisdiction of the youth court making such request.
(16) The Administrative Office of Courts may, in its discretion, disclose to the Department of Public Safety any or all of the information involving children contained in the office's youth court data management system known as Mississippi Youth Court Information Delivery System or "MYCIDS."
(17) The youth courts of the state shall disclose to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose. The disclosure prescribed in this subsection shall not require a court order and shall be made in sortable, electronic format where possible. The PEER Committee may seek the assistance of the Administrative Office of Courts in seeking this information. The PEER Committee shall not disclose the identities of any youth who have been adjudicated in the youth courts of the state and shall only use the disclosed information for the purpose of monitoring the effectiveness and efficiency of programs established to assist adjudicated youth, and to ascertain the incidence of adjudicated youth who become adult offenders.
(18) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency; however, no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein.
(19) In every case where there is any indication or suggestion of either abuse or neglect and a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply. In cases of child deaths, the following information may be released by the Mississippi Department of Human Services: (a) child's name; (b) address or location; (c) verification from the Department of Human Services of case status (no case or involvement, case exists, open or active case, case closed); (d) if a case exists, the type of report or case (physical abuse, neglect, etc.), date of intake(s) and investigation(s), and case disposition (substantiated or unsubstantiated). Notwithstanding the aforesaid, the confidentiality provisions of this section shall continue if there is a pending or planned investigation by any local, state or federal governmental agency or institution.
(20) Any member of a foster care review board designated by the Department of Human Services shall have the right to inspect youth court records relating to the abuse, neglect or child in need of supervision cases assigned to such member for review.
(21) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court in any administrative or due process hearing held, pursuant to Section 43-21-257, by the Department of Human Services for individuals whose names will be placed on the central registry as substantiated perpetrators.
(22) The Department of Child Protection Services shall have access to all records involving a child who is the subject of a report of abuse or neglect.
(23) The Department of Child Protection Services may disclose records involving children to the following if the individual, agency or organization agrees in writing to maintain the confidentiality of the records:
(a) A foster home, residential child-caring agency or child-placing agency to the extent necessary to provide such care and services to a child;
(b) An individual, agency or organization that provides services to a child or the child's family in furtherance of the child's permanency plan to the extent necessary in providing those services;
(c) Health and mental health care providers of a child to the extent necessary for the provider to properly treat and care for the child;
(d) The school where the child is enrolled or where enrollment is anticipated to the extent necessary for the school to provide appropriate services to the child; and
(e) Any other state agency if the disclosure is necessary to the department in fulfilling its statutory responsibilities in protecting the best interests of the child.
SECTION 52. Section 43-21-301, Mississippi Code of 1972, is amended as follows:
43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.
(2) Except as otherwise provided, no child in a matter in which the youth court has exclusive original jurisdiction shall be taken into custody by a law enforcement officer, the Department of Human Services, the Department of Child Protection Services, or any other person unless the judge or his designee has issued a custody order to take the child into custody.
(3) The judge or his designee may require a law enforcement officer, the Department of Human Services, the Department of Child Protection Services, or any suitable person to take a child into custody for a period not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays.
(a) Custody orders under this subsection may be issued if it appears that there is probable cause to believe that:
(i) The child is within the jurisdiction of the court;
(ii) Custody is necessary because of any of the following reasons: the child is endangered, any person would be endangered by the child, to ensure the child's attendance in court at such time as required, or a parent, guardian or custodian is not available to provide for the care and supervision of the child; and
(iii) There is no reasonable alternative to custody.
A
finding of probable cause, as prescribed under this paragraph, shall not be
based solely upon a positive drug test of a child's parent for * * * a controlled substance; nor shall a finding of probable cause be based on the
use of any medication, for which there is a prescription, including those
medications prescribed as a part of a medication assisted drug treatment
program, such as methadone and suboxone.
However, a finding of probable cause may be based upon an evidence-based
finding of harm to the child or a parent's inability to provide for the care
and supervision of the child due to the parent's use of * * * a controlled substance.
(b) Custody orders under this subsection shall be written. In emergency cases, a judge or his designee may issue an oral custody order, but the order shall be reduced to writing within forty-eight (48) hours of its issuance.
(c) Each youth court judge shall develop and make available to law enforcement a list of designees who are available after hours, on weekends and on holidays.
(4) The judge or his designee may order, orally or in writing, the immediate release of any child in the custody of any person or agency. Except as otherwise provided in subsection (3) of this section, custody orders as provided by this chapter and authorizations of temporary custody may be written or oral, but, if oral, reduced to writing as soon as practicable. The written order shall:
(a) Specify the name and address of the child, or, if unknown, designate him or her by any name or description by which he or she can be identified with reasonable certainty;
(b) Specify the age of the child, or, if unknown, that he or she is believed to be of an age subject to the jurisdiction of the youth court;
(c) Except in cases where the child is alleged to be a delinquent child or a child in need of supervision, state that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interests of the child, and unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), also state that (i) reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or (ii) the circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody. If the court makes a finding in accordance with (ii) of this paragraph, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family;
(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;
(e) State the date issued and the youth court by which the order is issued; and
(f) Be signed by the judge or his designee with the title of his office.
(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.
(6) (a) No child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed in an adult jail or lockup. An accused status offender shall not be held in secure detention longer than twenty-four (24) hours prior to and twenty-four (24) hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, except under the following circumstances: a status offender may be held in secure detention for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto, and out-of-state runaways may be detained pending return to their home state.
(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.
(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.
(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement to detain or place into custody the juvenile offenders of that county with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility.
(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties shall be allowed a one-year grace period from March 27, 1993, to comply with the provisions of this subsection.
SECTION 53. Section 43-21-309, Mississippi Code of 1972, is amended as follows:
43-21-309. (1) A child who has been ordered or taken into custody may be held in custody for longer than temporary custody if:
(a) A written complaint or petition has been filed; and
(b) A court order has been entered for continued custody following a review of that custody at a detention hearing in delinquency and child in need of supervision cases and at a shelter hearing in abuse and neglect cases.
(2) Reasonable oral or written notice of the time, place and purpose of the hearing shall be given to the child; to his or her parent, guardian or custodian; to his or her guardian ad litem, if any; to his or her Court-Appointed Special Advocate (CASA) volunteer, if any; and to his or her counsel. If the parent, guardian or custodian cannot be found, the youth court may hold the hearing in the absence of the child's parent, guardian or custodian.
(3) At the detention or shelter hearing, all parties present shall have the right to present evidence and cross-examine witnesses produced by others. The youth court may, in its discretion, limit the extent but not the right or presentation of evidence and cross-examination of witnesses. The youth court may receive any testimony and other evidence relevant to the necessity for the continued custody of the child without regard to the formal rules of evidence, including hearsay and opinion evidence. All testimony shall be made under oath and may be in narrative form.
(4) (a) At the conclusion of the detention or shelter hearing, the youth court shall order that the child be released to the custody of the child's parent, guardian or custodian unless the youth court finds and the detention or shelter hearing order recites that:
(i)
There is probable cause that the youth court has jurisdiction; * * *
(ii)
Custody is necessary as defined in Section 43-21-301(3)(b) * * *; and
(iii) A factual finding supporting the necessity of custody.
(b) In the case of a shelter hearing, the shelter hearing order shall further recite that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interest of the child, and, unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), the order also must state:
(i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and there is no reasonable alternative to custody.
(c) In the event that the court makes a finding in accordance with paragraph (b)(ii) of this subsection, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family.
(5) The child with advice of counsel may waive in writing the time of the detention hearing or the detention hearing itself. The child's guardian ad litem, and parent, guardian or custodian, and child may waive in writing the time of the shelter hearing or the shelter hearing itself. If the child has not reached his tenth birthday, the child's consent shall not be required.
(6) Any order placing a child into custody shall comply with the requirements provided in Section 43-21-301.
SECTION 54. Section 43-21-315, Mississippi Code of 1972, is amended as follows:
43-21-315.
(1) The youth court shall, by general order or rule of court, designate the
available detention or shelter facilities to which children shall be delivered
when taken into custody. Copies of the order or rule shall be made available
to the Department of Human Services * * *, the Department of Child Protection
Services and all law enforcement agencies within the territorial
jurisdiction of the youth court.
(2) Except as otherwise provided in this chapter, unless jurisdiction is transferred, no child shall be placed in any jail or place of detention of adults by any person or court unless the child shall be physically segregated from other persons not subject to the jurisdiction of the youth court and the physical arrangement of such jail or place of detention of adults prevents such child from having substantial contact with and substantial view of such other persons; but in any event, the child shall not be confined anywhere in the same cell with persons not subject to the jurisdiction of the youth court. Any order placing a child into custody shall comply with the detention requirements provided in Section 43-21-301(6). This subsection shall not be construed to apply to commitments to the training school under Section 43-21-605(1)(g)(iii).
(3) Any child who is charged with a hunting or fishing violation, a traffic violation, or any other criminal offense for which the youth court shall have power on its own motion to remove jurisdiction from any criminal court, may be detained only in the same facilities designated by the youth court for children within the jurisdiction of the youth court.
(4)
After a child is ordered into custody, the youth court may arrange for the
custody of the child with any private institution or agency caring for
children, may commit the child to the Department of Mental Health pursuant to
Section 41-21-61 et seq., or may order the Department of Human Services * * *, the Department of Child Protection
Services or any other public agency to provide for the custody, care and
maintenance of such child. Provided, however, that the care, custody and
maintenance of such child shall be within the statutory authorization and the
budgetary means of such institution or facility.
SECTION 55. Section 43-21-351, Mississippi Code of 1972, is amended as follows:
43-21-351. (1) Any person or agency having knowledge that a child residing or being within the county is within the jurisdiction of the youth court may make a written report to the intake unit alleging facts sufficient to establish the jurisdiction of the youth court. The report shall bear a permanent number that will be assigned by the court in accordance with the standards established by the Administrative Office of Courts pursuant to Section 9-21-9(d), and shall be preserved until destroyed on order of the court.
(2)
There shall be in each youth court of the state an intake officer who shall be
responsible for the accurate and timely entering of all intake and case
information into the Mississippi Youth Court Information Delivery System
(MYCIDS) for the Division of Youth Services, truancy matters and the * * * Department
of Child Protection Services. It shall be the responsibility of the youth
court judge or referee of each county to ensure that the intake officer is
carrying out the responsibility of this section.
SECTION 56. Section 43-21-353, Mississippi Code of 1972, is amended as follows:
43-21-353.
(1) Any attorney, physician, dentist, intern, resident, nurse, psychologist,
social worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer, public or private school employee
or any other person having reasonable cause to suspect that a child is a
neglected child or an abused child, shall cause an oral report to be made
immediately by telephone or otherwise and followed as soon thereafter as
possible by a report in writing to the Department of * * * Child Protection Services * * *.
In the course of an investigation, at the initial time of contact with the
individual(s) about whom a report has been made under this Youth Court Act or
with the individual(s) responsible for the health or welfare of a child about
whom a report has been made under this chapter, the Department of * * * Child Protection Services shall
inform the individual of the specific complaints or allegations made against
the individual. Consistent with subsection (4), the identity of the person who
reported his or her suspicion shall not be disclosed. Where appropriate, the
Department of * * *
Child Protection Services shall additionally make a referral to the
youth court prosecutor.
Upon
receiving a report that a child has been sexually abused, or burned, tortured,
mutilated or otherwise physically abused in such a manner as to cause serious
bodily harm, or upon receiving any report of abuse that would be a felony under
state or federal law, the Department of * * * Child Protection Services shall
immediately notify the law enforcement agency in whose jurisdiction the abuse
occurred and shall notify the appropriate prosecutor within forty-eight (48)
hours, and the Department of * * * Child Protection Services shall
have the duty to provide the law enforcement agency all the names and facts
known at the time of the report; this duty shall be of a continuing nature.
The law enforcement agency and the Department of * * * Child Protection Services shall
investigate the reported abuse immediately and shall file a preliminary report
with the appropriate prosecutor's office within twenty-four (24) hours and
shall make additional reports as new or additional information or evidence
becomes available. The Department of * * * Child Protection Services shall
advise the clerk of the youth court and the youth court prosecutor of all cases
of abuse reported to the department within seventy-two (72) hours and shall
update such report as information becomes available.
(2)
Any report to the Department of * * * Child Protection Services shall
contain the names and addresses of the child and his parents or other persons
responsible for his care, if known, the child's age, the nature and extent of
the child's injuries, including any evidence of previous injuries * * *, any other information that might
be helpful in establishing the cause of the injury, and the identity of
the perpetrator.
(3)
The Department of * * *
Child Protection Services shall maintain a statewide incoming wide-area
telephone service or similar service for the purpose of receiving reports of
suspected cases of child abuse; provided that any attorney, physician, dentist,
intern, resident, nurse, psychologist, social worker, family protection worker,
family protection specialist, child caregiver, minister, law enforcement
officer or public or private school employee who is required to report under
subsection (1) of this section shall report in the manner required in
subsection (1).
(4) Reports of abuse and neglect made under this chapter and the identity of the reporter are confidential except when the court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor pursuant to subsection (1). Reports made under this section to any law enforcement agency or prosecutorial officer are for the purpose of criminal investigation and prosecution only and no information from these reports may be released to the public except as provided by Section 43-21-261. Disclosure of any information by the prosecutor shall be according to the Mississippi Uniform Rules of Circuit and County Court Procedure. The identity of the reporting party shall not be disclosed to anyone other than law enforcement officers or prosecutors without an order from the appropriate youth court. Any person disclosing any reports made under this section in a manner not expressly provided for in this section or Section 43-21-261 shall be guilty of a misdemeanor and subject to the penalties prescribed by Section 43-21-267.
(5)
All final dispositions of law enforcement investigations described in
subsection (1) of this section shall be determined only by the appropriate
prosecutor or court. All final dispositions of investigations by the
Department of * * *
Child Protection Services as described in subsection (1) of this section
shall be determined only by the youth court. Reports made under subsection (1)
of this section by the Department of * * * Child Protection Services to the
law enforcement agency and to the district attorney's office shall include the
following, if known to the department:
(a) The name and address of the child;
(b) The names and addresses of the parents;
(c) The name and address of the suspected perpetrator;
(d) The names and addresses of all witnesses, including the reporting party if a material witness to the abuse;
(e) A brief statement of the facts indicating that the child has been abused and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case; and
(f)
What, if any, action is being taken by the Department of * * * Child Protection Services.
(6)
In any investigation of a report made under this chapter of the abuse or
neglect of a child as defined in Section 43-21-105(m), the Department of * * * Child Protection Services may
request the appropriate law enforcement officer with jurisdiction to accompany
the department in its investigation, and in such cases the law enforcement
officer shall comply with such request.
(7) Anyone who willfully violates any provision of this section shall be, upon being found guilty, punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year, or both.
(8)
If a report is made directly to the Department of * * * Child Protection Services that a
child has been abused or neglected in an out-of-home setting, a referral shall
be made immediately to the law enforcement agency in whose jurisdiction the
abuse occurred and the department shall notify the district attorney's office
within forty-eight (48) hours of such report. The Department of * * * Child Protection Services shall
investigate the out-of-home setting report of abuse or neglect to determine
whether the child who is the subject of the report, or other children in the
same environment, comes within the jurisdiction of the youth court and shall
report to the youth court the department's findings and recommendation as to
whether the child who is the subject of the report or other children in the
same environment require the protection of the youth court. The law
enforcement agency shall investigate the reported abuse immediately and shall
file a preliminary report with the district attorney's office within forty-eight
(48) hours and shall make additional reports as new information or evidence
becomes available. If the out-of-home setting is a licensed facility, an
additional referral shall be made by the Department of * * * Child Protection Services to the
licensing agency. The licensing agency shall investigate the report and shall
provide the Department of * * *Human Child Protection Services, the law enforcement
agency and the district attorney's office with their written findings from such
investigation as well as that licensing agency's recommendations and actions
taken.
* * *
SECTION 57. Section 43-21-354, Mississippi Code of 1972, is amended as follows:
43-21-354.
The statewide incoming wide area telephone service established pursuant to
Section 43-21-353, Mississippi Code of 1972, shall be maintained by the * * * Department of
Child Protection Services, or its successor, on a twenty-four-hour seven
(7) days a week basis.
SECTION 58. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357.
(1) After receiving a report, the youth court intake unit shall promptly make
a preliminary inquiry to determine whether the interest of the child, other
children in the same environment or the public requires the youth court to take
further action. As part of the preliminary inquiry, the youth court intake
unit may request or the youth court may order the Department of Human Services,
the Department of Youth Services, the Department of Child Protection
Services, any successor agency or any other qualified public employee to
make an investigation or report concerning the child and any other children in
the same environment, and present the findings thereof to the youth court
intake unit. If the youth court intake unit receives a neglect or abuse
report, the youth court intake unit shall immediately forward the complaint to
the Department of * * *
Child Protection Services to promptly make an investigation or report
concerning the child and any other children in the same environment and
promptly present the findings thereof to the youth court intake unit. If it
appears from the preliminary inquiry that the child or other children in the
same environment are within the jurisdiction of the court, the youth court
intake unit shall recommend to the youth court:
(a) That the youth court take no action;
(b) That an informal adjustment be made;
(c)
The * * * Department
of Child Protection Services, monitor the child, family and other children
in the same environment;
(d) That the child is warned or counseled informally;
(e) That the child be referred to the youth court drug court; or
(f) That a petition be filed.
(2) The youth court shall then, without a hearing:
(a) Order that no action be taken;
(b) Order that an informal adjustment be made;
(c)
Order that the Department of * * * Child Protection Services, * * *
monitor the child, family and other children in the same environment;
(d) Order that the child is warned or counseled informally;
(e) That the child be referred to the youth court drug court; or
(f) Order that a petition be filed.
(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
SECTION 59. Section 43-21-405, Mississippi Code of 1972, is amended as follows:
43-21-405. (1) The informal adjustment process shall be initiated with an informal adjustment conference conducted by an informal adjustment counselor appointed by the judge or his designee.
(2) If the child and his parent, guardian or custodian appear at the informal adjustment conference without counsel, the informal adjustment counselor shall, at the commencement of the conference, inform them of their right to counsel, the child's right to appointment of counsel and the right of the child to remain silent. If either the child or his parent, guardian or custodian indicates a desire to be represented by counsel, the informal adjustment counselor shall adjourn the conference to afford an opportunity to secure counsel.
(3) At the beginning of the informal adjustment conference, the informal adjustment counselor shall inform the child and his parent, guardian or custodian:
(a) That information has been received concerning the child which appears to establish jurisdiction of the youth court;
(b) The purpose of the informal adjustment conference;
(c) That during the informal adjustment process no petition will be filed;
(d) That the informal adjustment process is voluntary with the child and his parent, guardian or custodian and that they may withdraw from the informal adjustment at any time; and
(e) The circumstances under which the informal adjustment process can be terminated under Section 43-21-407.
(4) The informal adjustment counselor shall then discuss with the child and his parent, guardian or custodian:
(a) Recommendations for actions or conduct in the interest of the child to correct the conditions of behavior or environment which may exist;
(b) Continuing conferences and contacts with the child and his parent, guardian or custodian by the informal adjustment counselor or other authorized persons; and
(c) The child's general behavior, his home and school environment and other factors bearing upon the proposed informal adjustment.
(5) After the parties have agreed upon the appropriate terms and conditions of informal adjustment, the informal adjustment counselor and the child and his parent, guardian or custodian shall sign a written informal adjustment agreement setting forth the terms and conditions of the informal adjustment. The informal adjustment agreement may be modified at any time upon the consent of all parties to the informal adjustment conference.
(6)
The informal adjustment process shall not continue beyond a period of six (6)
months from its commencement unless extended by the youth court for an
additional period not to exceed six (6) months by court authorization prior to
the expiration of the original six-month period. In no event shall the custody
or supervision of a child which has been placed with the Department of * * * Human Services or the
Department of Child Protection Services be continued or extended except
upon a written finding by the youth court judge or referee that reasonable
efforts have been made to maintain the child within his own home, but that the
circumstances warrant his removal and there is no reasonable alternative to
custody, and that reasonable efforts will continue to be made towards
reunification of the family.
SECTION 60. Section 43-21-603, Mississippi Code of 1972, is amended as follows:
43-21-603. (1) At the beginning of each disposition hearing, the judge shall inform the parties of the purpose of the hearing.
(2) All testimony shall be under oath unless waived by all parties and may be in narrative form. The court may consider any evidence that is material and relevant to the disposition of the cause, including hearsay and opinion evidence. At the conclusion of the evidence, the youth court shall give the parties an opportunity to present oral argument.
(3) If the child has been adjudicated a delinquent child, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature of the offense;
(b) The manner in which the offense was committed;
(c) The nature and number of a child's prior adjudicated offenses;
(d) The child's need for care and assistance;
(e) The child's current medical history, including medication and diagnosis;
(f) The child's mental health history, which may include, but not be limited to, the Massachusetts Youth Screening Instrument version 2 (MAYSI-2);
(g) Copies of the child's cumulative record from the last school of record, including special education records, if applicable;
(h) Recommendation from the school of record based on areas of remediation needed;
(i) Disciplinary records from the school of record; and
(j) Records of disciplinary actions outside of the school setting.
(4) If the child has been adjudicated a child in need of supervision, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature and history of the child's conduct;
(b) The family and home situation; and
(c) The child's need of care and assistance.
(5) If the child has been adjudicated a neglected child or an abused child, before entering a disposition order, the youth court shall consider, among others, the following relevant factors:
(a) The child's physical and mental conditions;
(b) The child's need of assistance;
(c) The manner in which the parent, guardian or custodian participated in, tolerated or condoned the abuse, neglect or abandonment of the child;
(d) The ability of a child's parent, guardian or custodian to provide proper supervision and care of a child; and
(e) Relevant testimony and recommendations, where available, from the foster parent of the child, the grandparents of the child, the guardian ad litem of the child, representatives of any private care agency that has cared for the child, the family protection worker or family protection specialist assigned to the case, and any other relevant testimony pertaining to the case.
(6) After consideration of all the evidence and the relevant factors, the youth court shall enter a disposition order that shall not recite any of the facts or circumstances upon which the disposition is based, nor shall it recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child, a child in need of supervision, a neglected child or an abused child.
(7)
If the youth court orders that the custody or supervision of a child who has
been adjudicated abused or neglected be placed with the Department of * * * Child Protection Services or any
other person or public or private agency, other than the child's parent,
guardian or custodian, the youth court shall find and the disposition order
shall recite that:
(a) (i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody; and
(b) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that the placement of the child in foster care is in the best interests of the child; or
(c) Reasonable efforts to maintain the child within his home shall not be required if the court determines that:
(i) The parent has subjected the child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse and sexual abuse; or
(ii) The parent has been convicted of murder of another child of that parent, voluntary manslaughter of another child of that parent, aided or abetted, attempted, conspired or solicited to commit that murder or voluntary manslaughter, or a felony assault that results in the serious bodily injury to the surviving child or another child of that parent; or
(iii) The parental rights of the parent to a sibling have been terminated involuntarily; and
(iv) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that placement of the child in foster care is in the best interests of the child.
Once the reasonable efforts requirement is bypassed, the court shall have a permanency hearing under Section 43-21-613 within thirty (30) days of the finding.
(8) Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the disposition order. If the disposition ordered by the youth court includes placing the child in the custody of a training school, an admission packet shall be prepared for the child that contains the following information:
(a) The child's current medical history, including medications and diagnosis;
(b) The child's mental health history;
(c) Copies of the child's cumulative record from the last school of record, including special education records, if reasonably available;
(d) Recommendation from the school of record based on areas of remediation needed;
(e) Disciplinary records from the school of record; and
(f) Records of disciplinary actions outside of the school setting, if reasonably available.
Only individuals who are permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall have access to a child's medical records which are contained in an admission packet. The youth court shall provide the admission packet to the training school at or before the child's arrival at the training school. The admittance of any child to a training school shall take place between the hours of 8:00 a.m. and 3:00 p.m. on designated admission days.
(9) When a child in the jurisdiction of the Youth Court is committed to the custody of the Mississippi Department of Human Services and the Department of Child Protection Services and is believed to be in need of treatment for a mental or emotional disability or infirmity, the Department of Human Services and the Department of Child Protection Services shall file an affidavit alleging that the child is in need of mental health services with the Youth Court. The Youth Court shall refer the child to the appropriate community mental health center for evaluation pursuant to Section 41-21-67. If the prescreening evaluation recommends residential care, the Youth Court shall proceed with civil commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 43-21-611, and the Department of Mental Health, once commitment is ordered, shall provide appropriate care, treatment and services for at least as many adolescents as were provided services in fiscal year 2004 in its facilities.
(10) Any screening and assessment examinations ordered by the court may aid in dispositions related to delinquency, but no statements or admissions made during the course thereof may be admitted into evidence against the child on the issue of whether the child committed a delinquent act.
SECTION 61. Section 43-21-561, Mississippi Code of 1972, is amended as follows:
43-21-561. (1) If the youth court finds on proof beyond a reasonable doubt that a child is a delinquent child or a child in need of supervision, the youth court shall enter an order adjudicating the child to be a delinquent child or a child in need of supervision.
(2) Where the petition alleges that the child is a delinquent child, the youth court may enter an order that the child is a child in need of supervision on proof beyond a reasonable doubt that the child is a child in need of supervision.
(3) If the court finds from a preponderance of the evidence that the child is a neglected child, an abused child, a dependent child or a child in need of special care the youth court shall enter an order adjudicating the child to be a neglected child, an abused child, dependent child or a child in need of special care.
(4) No decree or order of adjudication concerning any child shall recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child or a child in need of supervision or a neglected child or an abused child or a sexually abused child or a dependent child or a child in need of special care. Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the adjudication that the child is a delinquent child, a child in need of supervision, a neglected child, an abused child, a dependent child or a child in need of special care.
(5) No adjudication upon the status of any child shall operate to impose any of the civil disabilities ordinarily imposed on an adult because of a criminal conviction, nor shall any child be deemed a criminal by reason of adjudication, nor shall that adjudication be deemed a conviction. A person in whose interest proceedings have been brought in the youth court may deny, without any penalty, the existence of those proceedings and any adjudication made in those proceedings. Except for the right of a defendant or prosecutor in criminal proceedings and a respondent or a youth court prosecutor in youth court proceedings to cross-examine a witness, including a defendant or respondent, to show bias or interest, no adjudication shall be used for impeachment purposes in any court.
(6) (a) No statements, admissions or confessions made by or incriminatory information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceedings.
(b) The provisions of paragraph (a) of this subsection are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.
SECTION 62. Section 43-21-613, Mississippi Code of 1972, is amended as follows:
43-21-613. (1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered. The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole. Summons shall be served in the same manner as summons for an adjudicatory hearing.
(2) On motion of a child or a child's parent, guardian or custodian, the youth court may, in its discretion, conduct an informal hearing to review the disposition order. If the youth court finds a material change of circumstances relating to the disposition of the child, the youth court may modify the disposition order to any appropriate disposition of equal or greater precedence which the youth court could have originally ordered.
(3) (a) Unless the youth court's jurisdiction has been terminated, all disposition orders for supervision, probation or placement of a child with an individual or an agency shall be reviewed by the youth court judge or referee at least annually to determine if continued placement, probation or supervision is in the best interest of the child or the public. For children who have been adjudicated abused or neglected, the youth court shall conduct a permanency hearing within twelve (12) months after the earlier of:
(i) An adjudication that the child has been abused or neglected; or
(ii)
The date of the child's removal from the allegedly abusive or neglectful
custodian/parent. Notice of such hearing shall be given in accordance with the
provisions of Section 43-21-505(5). In conducting the hearing, the judge or
referee shall require a written report and may require information or
statements from the child's youth court counselor, parent, guardian or
custodian, which includes, but is not limited to, an evaluation of the child's
progress and recommendations for further supervision or treatment. The judge
or referee shall, at the permanency hearing determine the future status of the
child, including, but not limited to, whether the child should be returned to
the parent(s) or placed with suitable relatives, placed for adoption, placed
for the purpose of establishing durable legal custody or should, because of the
child's special needs or circumstances, be continued in foster care on a
permanent or long-term basis. If the child is in an out-of-state placement,
the hearing shall determine whether the out-of-state placement continues to be
appropriate and in the best interest of the child. At the permanency hearing
the judge or referee shall determine, and the youth court order shall recite
that reasonable efforts were made by the Department of * * * Child Protection Services to
finalize the child's permanency plan that was in effect on the date of the
permanency hearing. The judge or referee may find that reasonable efforts to
maintain the child within his home shall not be required in accordance with
Section 43-21-603(7)(c), and that the youth court shall continue to conduct permanency
hearings for a child who has been adjudicated abused or neglected, at least
annually thereafter, for as long as the child remains in the custody of the
Mississippi Department of * * *Human Child Protection Services.
(b) The court may find that the filing of a termination of parental rights petition is not in the child's best interest if:
(i) The child is being cared for by a relative; and/or
(ii)
The Department of * * *
Child Protection Services has documented compelling and extraordinary
reasons why termination of parental rights would not be in the best interests
of the child.
(c) The provisions of this subsection shall also apply to review of cases involving a dependent child; however, such reviews shall take place not less frequently than once each one hundred eighty (180) days or upon the request of the child's attorney, the parent's attorney, or the parent as deemed appropriate to the youth court in protecting the best interests of the child. A dependent child shall be ordered by the youth court judge or referee to be returned to the custody and home of the child's parent, guardian or custodian unless the judge or referee, upon such review, makes a written finding that the return of the child to the home would be contrary to the child's best interests. Neither evidence of use of a controlled substance nor the use of any medication, for which there is a prescription, including those medications prescribed as a part of a medication assisted drug treatment program, such as methadone and suboxone, shall prevent reunification unless the youth court finds that the parent's use of the controlled substance or prescribed medication has impaired the parent's ability to provide for the proper care, custody or supervision of the child.
(d) Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the court has granted durable legal custody. In such cases, the Department of Human Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child.
(4) The provisions of this section do not apply to proceedings concerning durable legal relative guardianship.
SECTION 63. Section 43-26-1, Mississippi Code of 1972, is amended as follows:
43-26-1. (1) There is hereby created a Mississippi Department of Child Protection Services.
(2) The Chief Administrative Officer of the Department of Child Protection Services shall be the Commissioner of Child Protection Services who shall be appointed by the Governor with the advice and consent of the Senate. The commissioner shall possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance, law or accounting.
(3)
* * * The
Department of Child Protection Services shall be a sub-agency independent of,
though housed within, the Mississippi Department of Human Services. The
Commissioner of the Department of Child Protection Services shall maintain
complete and exclusive operational control of the Department of Child
Protection Services' functions, except functions shared with the Department of
Human Services as provided in subsections (5)(c) and (5)(d) of this section.
The Department of Child Protection Services shall prepare its own budget
request, and shall exercise complete control over its expenditures.
(4)
The Commissioner of Child Protection Services may assign to the appropriate
offices such powers and duties deemed appropriate to carry out the lawful
functions of the programs transferred to the department under Chapter 494, Laws
of 2016. * * *
(5) The Commissioner of Child Protection Services and the Executive Director of the Department of Human Services shall develop and implement a plan for the orderly establishment of the Department of Child Protection Services and its transition from the Office of Family and Children's Services of the Department of Human Services. The plan shall:
(a) Describe a mechanism for the transfer of any equipment, supplies, records, furnishings or other materials, resources or funds dedicated to the operation of the Office of Family and Children's Services of the Department of Human Services, which may be useful to the Department of Child Protection Services;
(b) Determine the allocation of resources between the newly created Department of Child Protection Services and the Department of Human Services, as practicable;
(c) Determine the allocation of functions where the performance of services may be shared between the Department of Child Protection Services and other employees of the Department of Human Services, as practicable;
(d) Determine whether any administrative support services, such as Information Technology Services, bookkeeping and payroll can continue to be provided by the Department of Human Services; and
(e) Identify other areas deemed relevant by the commissioner and make recommendations thereon to achieve an orderly transition.
* * *
(6)
* * * The programs and
services provided by the Office of Family and Children's Services of the
Department of Human Services under the following statutes shall be provided by
the Department of Child Protection Services: Sections 41-87-5, 41-111-1, 43-1-2,
43-1-51, 43-1-55, 43-1-57, 43-1-63, 43-15-3, 43-15-5, 43-15-6, 43-15-13, 43-15-15,
43-15-17, 43-15-19, 43-15-21, 43-15-23, 43-15-51, 43-15-103, 43-15-105, 43-15-115,
43-15-125, 43-15-201, 43-15-203, 43-15-207 and 43-18-3, Mississippi Code of
1972.
SECTION 64. Section 43-27-101, Mississippi Code of 1972, is amended as follows:
43-27-101. For purposes of Sections 43-27-101 and 43-27-103, the following words shall have the meanings ascribed in this section, unless the context requires otherwise:
(a) "Child or youth in the custody of the Department of Human Services or the Department of Child Protection Services" means an individual:
(i) Who has not yet reached his eighteenth birthday;
(ii) Who has been legally placed in the custody of the Department of Human Services or the Department of Child Protection Services by the youth court and for whom custody with the Department of Human Services or the Department of Child Protection Services was not sought by the parents or legal custodians or guardians for the parents' or legal custodians' or guardians' legal responsibilities to relieve themselves of the responsibility for paying for treatment for a child or youth; and
(iii) Who is unable to be maintained with the family or legal guardians or custodians due to his or her need for specialized care.
(b) "Child or youth under the supervision of the Department of Human Services or the Department of Child Protection Services" means an individual:
(i) Who has not yet reached his eighteenth birthday; and
(ii)
Who has been referred for abuse or neglect and for whom a case has been opened
and is active in the * * * Department of Human
Services or Department of Child Protection Services.
(c) "Plan of care" means a written plan of services needed to be provided for a child or youth and his or her family in order to provide the special care or services required.
(d) "Special needs crisis" means:
(i) Conduct or behavioral problems of such a severe nature and level that family or parental violence, abuse, and/or neglect pose an imminent threat or are present; or
(ii) Conduct or behavioral problems of such a severe nature and level that family or parental violence, abuse, and/or neglect pose an imminent threat or are present.
(e) "Specialized care" means:
(i) "Self care," which means the ability to provide, sustain and protect himself or herself at a level appropriate to his or her age;
(ii) "Interpersonal relationships," which means the ability to build and maintain satisfactory relationships with peers and adults;
(iii) "Family life," which means the capacity to live in a family or family-type environment;
(iv) "Self direction," which means the child's ability to control his or her behavior and to make decisions in a manner appropriate to his or her age;
(v) "Education," which means the ability to learn social and intellectual skill from teachers in an available educational setting.
(f) "Special needs child" means a child with a variety of handicapping conditions or disabilities, including emotional or severely emotional disorders. These conditions or disabilities present the need for special medical attention, supervision and therapy on a very regimented basis.
SECTION 65. Section 43-27-103, Mississippi Code of 1972, is amended as follows:
43-27-103.
(1) Sections 43-27-101 and 43-27-103 shall enable the development by the
Department of * * *
Child Protection Services of a system of services for children or youth
in the custody of or under the supervision of the Department of * * * Child Protection Services, if
funds are appropriated to the department for that purpose. The system of services
may consist of emergency response services, an early intervention and treatment
unit, respite care, crisis nurseries, specialized outpatient or inpatient
treatment services, special needs foster care, therapeutic foster care,
emergency foster homes, and Medicaid targeted case management for abused and
neglected children and youth as well as children adjudicated delinquent or in
need of supervision. Any of these services that are provided shall be arranged
by and coordinated through the Department of * * * Child Protection Services, and the
department may contract with public or private agencies or entities to provide
any of the services or may provide any of the services itself. All of the
services shall be provided in facilities that meet the standards set by the
Department of * * *
Child Protection Services for the particular type of facility involved.
None of the services provided shall duplicate existing services except where
there is a documented need for expansion of the services.
(2) A description of the services that may be provided under Sections 43-27-101 and 43-27-103 are as follows:
(a) "Emergency response services" means services to respond to children or youth in severe crisis and include:
(i) Emergency single point phone lines;
(ii) Crisis care coordinators staffing shifts that enable twenty-four-hour per day response as "front line" professionals when crisis calls are received, assist with decision-making, family support, initiate plan of action and remain "on call" for the first seventy-two (72) hours for other service professionals to get in place and insure development of a plan of care;
(iii) Acute care/emergency medical response through contracted services with up to five (5) regional hospitals providing emergency room services and hospitalization for up to seventy-two (72) hours with a maximum of One Hundred Dollars ($100.00) per day;
(iv) Case managers;
(v) Respite services; and
(vi) Assessment services contracted with social workers, psychologists, psychiatrists and other health professionals.
(b) "Early intervention and treatment unit" means a unique, nonhospital crisis service in a residential context that is able to provide the level of support and intervention needed to resolve the crisis and as an alternative to hospitalization. This unit shall provide specialized assessment, including a variety of treatment options and services to best intervene in a child or youth's crisis, and provide an appropriate plan for further services upon returning to the home and community. Staff-to-child or youth ratio shall be high, with multidisciplinary, specialized services for up to six (6) children or youths at one (1) time, and with the maximum assessment and treatment planning and services being ninety (90) days for most children or youths.
(c) "Respite care" means planned temporary care for a period of time ranging from a few hours within a twenty-four-hour period to an overnight or weekend stay to a maximum of ten (10) days. Care may be provided in-home or out-of-home with trained respite parents or counselors and is designed to provide a planned break for the parents from the caretaking role with the child.
(d) "Crisis nurseries" means a program providing therapeutic nursery treatment services to preschool aged children who as preschoolers demonstrate significant behavioral or emotional disorders. These services shall be to therapeutically address developmental and emotional behavioral difficulties through direct intervention with the child in a nursery school environment and to intervene with parents to provide education, support and therapeutic services.
(e) "Specialized outpatient or inpatient treatment services," such as sex offender treatment, means specialized treatment for perpetrators of sexual offenses with children.
(f) "Special needs foster care" means foster care for those children with a variety of handicapping conditions or disabilities, including serious emotional disturbance.
(g) "Therapeutic foster care" means residential mental health services provided to children and adolescents in a family setting, utilizing specially trained foster parents. Therapeutic foster care essentially involves the following features:
(i) Placement with foster parents who have been carefully selected by knowledgeable, well-trained mental health and social service professionals to work with children with an emotional disturbance;
(ii) Provision of special training to the foster parents to assist them in working with children with an emotional disturbance;
(iii) Low staff-to-child ratio, allowing the therapeutic staff to work very closely with each child, the foster parents and the biological parents, if available;
(iv) Creation of a support system among these specially trained foster parents; and
(v) Payment of a special foster care payment to the foster parents.
(h) "Emergency foster homes" means those homes used on a short-term basis for (i) children who are temporarily removed from the home in response to a crisis situation, or (ii) youth who exhibit special behavioral or emotional problems for whom removal from the existing home situation is necessary. In some cases they may provide an emergency placement for infants and toddlers for whom no regular foster home is available, rather than placement into an emergency shelter where older and larger groups of children are placed. Foster parents are trained to deal with the special needs of children placed in these emergency homes.
(i) "Medicaid targeted case management" means activities that are related to assuring the completion of proper client evaluations; arranging and supporting treatment plans, monitoring services, coordinating service delivery and other related actions.
SECTION 66. Section 43-27-109, Mississippi Code of 1972, is amended as follows:
43-27-109. The Department of Human Services and the Department of Child Protection Services may employ a sufficient number of new family protection specialists, youth counselors and clerical staff to reduce the caseload sizes for social workers and youth counselors of the department and to reduce the workload on clerical staff, if funds are appropriated to the department for that purpose.
SECTION 67. Section 43-27-113, Mississippi Code of 1972, is amended as follows:
43-27-113.
In any investigation by the Department of * * * Child Protection Services of a
report made under Section 43-21-101 et seq. of the abuse or neglect of a child
as defined in Section 43-21-105, the department may request the appropriate law
enforcement officer with jurisdiction to accompany the department in its
investigation, and in such cases the law enforcement officer shall comply with
such request.
SECTION 68. Section 43-27-115, Mississippi Code of 1972, is amended as follows:
43-27-115.
The Department of * * *
Child Protection Services or the Department of Human Services is
authorized to employ one (1) program manager for each department region, if
funds are appropriated to the department for that purpose, whose duties shall
be to develop an ongoing public education program to inform Mississippi
citizens about the needs of the state's children, youth and families, the work
of the department in addressing these needs and how citizens might become
involved. The Department of Human Services shall develop formal agreements of
cooperation and protocol between the department and other providers of services
to children and families including school districts, hospitals, law enforcement
agencies, mental health centers and others.
SECTION 69. Section 43-27-117, Mississippi Code of 1972, is amended as follows:
43-27-117.
The Department of * * *
Child Protection Services is authorized to establish an on-line
automated child welfare information system, if funds are appropriated to the
department for that purpose, to give the department the capability to supply
foster care, adoption and child abuse and neglect data to the federal
Department of Health and Human Services in a specified format as required, and
to help the department in tracking child abuse and neglect referrals and the
number of children affected in those referrals.
SECTION 70. Section 57-39-43, Mississippi Code of 1972, is amended as follows:
57-39-43. (1) There is created in the State Treasury a fund to be designated as the "Mississippi Oil Overcharge Fund," referred to in this section as "fund." Monies in the fund, referred to in this section as "oil overcharge funds," may be used for projects or programs authorized in accordance with appropriate federal court orders regarding the use of oil overcharge funds or by the United States Department of Energy, or both.
(2) The Treasurer shall deposit or transfer into the fund any funds received as a result of federal statute or administrative or regulatory actions requiring the disbursement to states of refund monies for alleged overcharges for crude oil or refined petroleum products. The Treasurer may establish accounts within the fund as necessary for management of monies in the fund.
(3) Expenditures may be made from the fund upon requisition to the Treasurer by the Executive Director of the Department of Economic and Community Development or the Executive Director of the Department of Human Services.
(4) The fund shall be treated as a special trust fund. Interest earned on the principal in the fund shall be credited by the Treasurer to the fund.
(5)
In their annual budget request, the Department of Economic and Community
Development and the Department of * * * Child Protection Services shall
submit a list of projects or programs for which monies from the fund are
requested to be used.
SECTION 71. Section 93-5-23, Mississippi Code of 1972, is amended as follows:
93-5-23. When a divorce shall be decreed from the bonds of matrimony, the court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody and maintenance of the children of the marriage, and also touching the maintenance and alimony of the wife or the husband, or any allowance to be made to her or him, and shall, if need be, require bond, sureties or other guarantee for the payment of the sum so allowed. Orders touching on the custody of the children of the marriage shall be made in accordance with the provisions of Section 93-5-24. For the purposes of orders touching the maintenance and alimony of the wife or husband, "property" and "an asset of a spouse" shall not include any interest a party may have as an heir at law of a living person or any interest under a third-party will, nor shall any such interest be considered as an economic circumstance or other factor. The court may afterwards, on petition, change the decree, and make from time to time such new decrees as the case may require. However, where proof shows that both parents have separate incomes or estates, the court may require that each parent contribute to the support and maintenance of the children of the marriage in proportion to the relative financial ability of each. In the event a legally responsible parent has health insurance available to him or her through an employer or organization that may extend benefits to the dependents of such parent, any order of support issued against such parent may require him or her to exercise the option of additional coverage in favor of such children as he or she is legally responsible to support.
Whenever the court has ordered a party to make periodic payments for the maintenance or support of a child, but no bond, sureties or other guarantee has been required to secure such payments, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, the court may, upon petition of the person to whom such payments are owing, or such person's legal representative, enter an order requiring that bond, sureties or other security be given by the person obligated to make such payments, the amount and sufficiency of which shall be approved by the court. The obligor shall, as in other civil actions, be served with process and shall be entitled to a hearing in such case.
At the discretion of the court, any person found in contempt for failure to pay child support and imprisoned therefor may be referred for placement in a state, county or municipal restitution, house arrest or restorative justice center or program, provided such person meets the qualifications prescribed in Section 99-37-19.
Whenever
in any proceeding in the chancery court concerning the custody of a child a
party alleges that the child whose custody is at issue has been the victim of
sexual or physical abuse by the other party, the court may, on its own motion,
grant a continuance in the custody proceeding only until such allegation has
been investigated by the Department of * * * Child Protection Services. At the
time of ordering such continuance, the court may direct the party and his
attorney making such allegation of child abuse to report in writing and provide
all evidence touching on the allegation of abuse to the Department of * * * Child Protection Services. The
Department of * * *
Child Protection Services shall investigate such allegation and take
such action as it deems appropriate and as provided in such cases under the
Youth Court Law (being Chapter 21 of Title 43, Mississippi Code of 1972) or
under the laws establishing family courts (being Chapter 23 of Title 43,
Mississippi Code of 1972).
If
after investigation by the Department of * * * Child Protection Services or final
disposition by the youth court or family court allegations of child abuse are
found to be without foundation, the chancery court shall order the alleging
party to pay all court costs and reasonable attorney's fees incurred by the
defending party in responding to such allegation.
The
court may investigate, hear and make a determination in a custody action when a
charge of abuse and/or neglect arises in the course of a custody action as
provided in Section 43-21-151, and in such cases the court shall appoint a
guardian ad litem for the child as provided under Section 43-21-121, who shall
be an attorney. Unless the chancery court's jurisdiction has been terminated,
all disposition orders in such cases for placement with the Department of * * * Child Protection Services shall be
reviewed by the court or designated authority at least annually to determine if
continued placement with the department is in the best interest of the child or
public.
The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred pursuant to Section 93-11-65.
Custody and visitation upon military temporary duty, deployment or mobilization shall be governed by Section 93-5-34.
SECTION 72. Section 93-17-3, Mississippi Code of 1972, is amended as follows:
93-17-3. (1) Except as otherwise provided in this section, a court of this state has jurisdiction over a proceeding for the adoption or readoption of a minor commenced under this chapter if:
(a) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent or another person acting as parent, for at least six (6) consecutive months, excluding periods of temporary absence, or, in the case of a minor under six (6) months of age, lived in this state from soon after birth with any of those individuals and there is available in this state substantial evidence concerning the minor's present or future care;
(b) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;
(c) The agency that placed the minor for adoption is licensed in this state and it is in the best interest of the minor that a court of this state assume jurisdiction because:
(i) The minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state; and
(ii) There is available in this state substantial evidence concerning the minor's present or future care;
(d) The minor and the prospective adoptive parent are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected;
(e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a) through (d), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction; or
(f) The child has been adopted in a foreign country, the agency that placed the minor for adoption is licensed in this state, and it is in the best interest of the child to be readopted in a court of this state having jurisdiction.
(2) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if, at the time the petition for adoption is filed, a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction Act or this section unless the proceeding is stayed by the court of the other state.
(3) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor unless:
(a) The court of this state finds that the court of the state which issued the decree or order:
(i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act or has declined to assume jurisdiction to modify the decree or order; or
(ii) Does not have jurisdiction over a proceeding for adoption substantially in conformity with subsection (1)(a) through (d) or has declined to assume jurisdiction over a proceeding for adoption; and
(b) The court of this state has jurisdiction over the proceeding.
(4) Any person may be adopted in accordance with the provisions of this chapter in termtime or in vacation by an unmarried adult or by a married person whose spouse joins in the petition. The adoption shall be by sworn petition filed in the chancery court of the county in which the adopting petitioner or petitioners reside or in which the child to be adopted resides or was born, or was found when it was abandoned or deserted, or in which the home is located to which the child has been surrendered by a person authorized to so do. The petition shall be accompanied by a doctor's or nurse practitioner's certificate showing the physical and mental condition of the child to be adopted and a sworn statement of all property, if any, owned by the child. In addition, the petition shall be accompanied by affidavits of the petitioner or petitioners stating the amount of the service fees charged by any adoption agencies or adoption facilitators used by the petitioner or petitioners and any other expenses paid by the petitioner or petitioners in the adoption process as of the time of filing the petition. If the doctor's or nurse practitioner's certificate indicates any abnormal mental or physical condition or defect, the condition or defect shall not, in the discretion of the chancellor, bar the adoption of the child if the adopting parent or parents file an affidavit stating full and complete knowledge of the condition or defect and stating a desire to adopt the child, notwithstanding the condition or defect. The court shall have the power to change the name of the child as a part of the adoption proceedings. The word "child" in this section shall be construed to refer to the person to be adopted, though an adult.
(5) Adoption by couples of the same gender is prohibited.
(6)
No person may be placed in the home of or adopted by the prospective adopting
parties before a court-ordered or voluntary home study is satisfactorily
completed by a licensed adoption agency, a licensed, experienced social worker
approved by the chancery court or by the Department of * * * Child Protection Services on the
prospective adoptive parties if required by Section 93-17-11.
(7)
No person may be adopted by a person or persons who reside outside the State of
Mississippi unless the provisions of the Interstate Compact for Placement of
Children (Section 43-18-1 et seq.) have been complied with. In such cases Forms
100A, 100B (if applicable) and evidence of Interstate Compact for Placement of
Children approval shall be added to the permanent adoption record file within
one (1) month of the placement, and a minimum of two (2) post-placement reports
conducted by a licensed child-placing agency shall be provided to the
Mississippi Department of * * *Human Child Protection Services Interstate Compact for
Placement of Children office.
(8) No person may be adopted unless the provisions of the Indian Child Welfare Act (ICWA) have been complied with, if applicable. When applicable, proof of compliance shall be included in the court adoption file prior to finalization of the adoption. If not applicable, a written statement or paragraph in the petition for adoption shall be included in the adoption petition stating that the provisions of ICWA do not apply before finalization.
(9) The readoption of a child who has automatically acquired United States citizenship following an adoption in a foreign country and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding conducted by a court of competent jurisdiction in this state by compliance with the Mississippi Registration of Foreign Adoptions Act, Article 9 of this chapter.
SECTION 73. Section 93-17-5, Mississippi Code of 1972, is amended as follows:
93-17-5. (1) There shall be made parties to the proceeding by process or by the filing therein of a consent to the adoption proposed in the petition, which consent shall be duly sworn to or acknowledged and executed only by the following persons, but not before seventy-two (72) hours after the birth of the child:
(a) The parents, or parent, if only one (1) parent, though either be under the age of twenty-one (21) years;
(b) If both parents are dead, then any two (2) adult kin of the child within the third degree computed according to the civil law; if one of such kin is in possession of the child, he or she shall join in the petition or be made a party to the suit; or
(c) The guardian ad litem of an abandoned child, upon petition showing that the names of the parents of the child are unknown after diligent search and inquiry by the petitioners. In addition to the above, there shall be made parties to any proceeding to adopt a child, either by process or by the filing of a consent to the adoption proposed in the petition, the following:
(i)
Those persons having physical custody of the child, except persons who are
acting as foster parents as a result of placement with them by the Department
of * * * Child
Protection Services of the State of Mississippi.
(ii) Any person to whom custody of the child may have been awarded by a court of competent jurisdiction of the State of Mississippi.
(iii)
The agent of the county Department of * * * Child Protection Services of the
State of Mississippi that has placed a child in foster care, either by
agreement or by court order.
(2) The consent may also be executed and filed by the duly authorized officer or representative of a home to whose care the child has been delivered. The child shall join the petition by the child's next friend.
(3) If consent is not filed, process shall be had upon the parties as provided by law for process in person or by publication, if they are nonresidents of the state or are not found therein after diligent search and inquiry, the court or chancellor in vacation may fix a date in termtime or in vacation to which process may be returnable and shall have power to proceed in termtime or vacation. In any event, if the child is more than fourteen (14) years of age, a consent to the adoption, sworn to or acknowledged by the child, shall also be required or personal service of process shall be had upon the child in the same manner and in the same effect as if the child were an adult.
SECTION 74. Section 93-17-8, Mississippi Code of 1972, is amended as follows:
93-17-8. (1) Whenever an adoption becomes a contested matter, whether after a hearing on a petition for determination of rights under Section 93-17-6 or otherwise, the court:
(a) Shall, on motion of any party or on its own motion, issue an order for immediate blood or tissue sampling in accordance with the provisions of Section 93-9-21 et seq., if paternity is at issue. The court shall order an expedited report of such testing and shall hold the hearing resolving this matter at the earliest time possible.
(b) Shall appoint a guardian ad litem to represent the child. Such guardian ad litem shall be an attorney, however his duties are as guardian ad litem and not as attorney for the child. The reasonable costs of the guardian ad litem shall be taxed as costs of the court. Neither the child nor anyone purporting to act on his behalf may waive the appointment of a guardian ad litem.
(c) Shall determine first whether or not the objecting parent is entitled to so object under the criteria of Section 93-17-7 and then shall determine the custody of the child in accord with the best interests of the child and the rights of the parties as established by the hearings and judgments.
(d) Shall schedule all hearings concerning the contested adoption as expeditiously as possible for prompt conclusion of the matter.
(2) In determining the custody of the child after a finding that the adoption will not be granted, the fact of the surrender of the child for adoption by a parent shall not be taken as any evidence of that parent's abandonment or desertion of the child or of that parent's unfitness as a parent.
(3) In contested adoptions arising through petitions for determination of rights where the prospective adopting parents were not parties to that proceeding, they need not be made parties to the contested adoption until there has been a ruling that the objecting parent is not entitled to enter a valid objection to the adoption. At that point the prospective adopting parents shall be made parties by joinder which shall show their suitability to be adopting parents as would a petition for adoption. The identity and suitability of the prospective adopting parents shall be made known to the court and the guardian ad litem, but shall not be made known to other parties to the proceeding unless the court determines that the interests of justice or the best interests of the child require it.
(4) No birth parent or alleged parent shall be permitted to contradict statements given in a proceeding for the adoption of their child in any other proceeding concerning that child or his ancestry.
(5) Appointment of a guardian ad litem is not required in any proceeding under this chapter except as provided in subsection (1)(b) above and except for the guardian ad litem needed for an abandoned child. It shall not be necessary for a guardian ad litem to be appointed where the chancery judge presiding in the adoption proceeding deems it unnecessary and no adoption agency is involved in the proceeding. No final decree of adoption heretofore granted shall be set aside or modified because a guardian ad litem was not appointed unless as the result of a direct appeal not now barred.
(6) The provisions of Chapter 15 of this Title 93, Mississippi Code of 1972, are not applicable to proceedings under this chapter except as specifically provided by reference herein.
(7)
The court may order a child's * * * parent, identified as such
in the proceedings, to reimburse the Department of * * * Child Protection Services, the
foster parents, the adopting parents, the home, any other agency or person who
has assumed liability for such child, all or part of the costs of the medical
expenses incurred for the mother and the child in connection with the birth of
the child, as well as reasonable support for the child after his birth.
SECTION 75. Section 93-17-11, Mississippi Code of 1972, is amended as follows:
93-17-11.
At any time after the filing of the petition for adoption and completion of
process thereon, and before the entering of a final decree, the court may, in
its discretion, of its own motion or on motion of any party to the proceeding,
require an investigation and report to the court to be made by any person,
officer or home as the court may designate and direct concerning the child, and
shall require in adoptions, other than those in which the petitioner or
petitioners are a relative or stepparent of the child, that a home study be
performed of the petitioner or petitioners by a licensed adoption agency or by
the Department of * * *
Child Protection Services, at the petitioner's or petitioners' sole
expense and at no cost to the state or county. The investigation and report
shall give the material facts upon which the court may determine whether the
child is a proper subject for adoption, whether the petitioner or petitioners
are suitable parents for the child, whether the adoption is to its best
interest, and any other facts or circumstances that may be material to the
proposed adoption. The home study shall be considered by the court in determining
whether the petitioner or petitioners are suitable parents for the child. The
court, when an investigation and report are required by the court or by this
section, shall stay the proceedings in the cause for such reasonable time as
may be necessary or required in the opinion of the court for the completion of
the investigation and report by the person, officer or home designated and
authorized to make the same.
Upon the filing of that consent or the completion of the process and the filing of the investigation and report, if required by the court or by this section, and the presentation of such other evidence as may be desired by the court, if the court determines that it is to the best interests of the child that an interlocutory decree of adoption be entered, the court may thereupon enter an interlocutory decree upon such terms and conditions as may be determined by the court, in its discretion, but including therein that the complete care, custody and control of the child shall be vested in the petitioner or petitioners until further orders of the court and that during such time the child shall be and remain a ward of the court. If the court determines by decree at any time during the pendency of the proceeding that it is not to the best interests of the child that the adoption proceed, the petitioners shall be entitled to at least five (5) days' notice upon their attorneys of record and a hearing with the right of appeal as provided by law from a dismissal of the petition; however, the bond perfecting the appeal shall be filed within ten (10) days from the entry of the decree of dismissal and the bond shall be in such amount as the chancellor may determine and supersedeas may be granted by the chancellor or as otherwise provided by law for appeal from final decrees.
After the entry of the interlocutory decree and before entry of the final decree, the court may require such further and additional investigation and reports as it may deem proper. The rights of the parties filing the consent or served with process shall be subject to the decree but shall not be divested until entry of the final decree.
SECTION 76. Section 93-17-12, Mississippi Code of 1972, is amended as follows:
93-17-12.
In any child custody matter hereafter filed in any chancery or county court in
which temporary or permanent custody has already been placed with a parent or
guardian and in all adoptions, the court may appoint any social worker
licensed to work in the State of Mississippi and shall impose a fee for any
court-ordered home study performed * * *. The fee shall be
assessed upon either party or upon both parties in the court's discretion. The
minimum fee imposed shall be not less than Three Hundred Fifty Dollars
($350.00) for each household on which a home study is performed. * * *
SECTION 77. Section 93-17-53, Mississippi Code of 1972, is amended as follows:
93-17-53.
The purpose of Sections 93-17-51 through 93-17-67 is to supplement the
Mississippi adoption law by making possible through public supplemental
benefits the most appropriate adoption of each child certified by the * * * Department
of Child Protection Services as requiring a supplemental benefit to assure
adoption.
SECTION 78. Section 93-17-57, Mississippi Code of 1972, is amended as follows:
93-17-57.
The * * * Department of Child Protection Services
shall establish and administer an on-going program of supplemental benefits for
adoption. Supplemental benefits and services for children under this program
shall be provided out of such funds as may be appropriated to the Mississippi
Medicaid Commission for the medical services for children in foster care, or
made available to the department from other sources.
SECTION 79. Section 93-17-59, Mississippi Code of 1972, is amended as follows:
93-17-59.
Any child meeting criteria specified in Section 93-17-55 for whom the * * * Department
of Child Protection Services feels supplemental benefits are necessary to
improve opportunities for adoption will be eligible for the program. The
adoption agency shall document that reasonable efforts have been made to place
the child in adoption without supplemental benefits through the use of adoption
resource exchanges, recruitment and referral to appropriate specialized
adoption agencies.
SECTION 80. Section 93-17-61, Mississippi Code of 1972, is amended as follows:
93-17-61.
(1) When parents are found and approved for adoption of a child certified as
eligible for supplemental benefits, and before the final decree of adoption is
issued, there shall be executed a written agreement between the family entering
into the adoption and the Department of * * * Child Protection Services. In
individual cases, supplemental benefits may commence with the adoptive
placement or at the appropriate time after the adoption decree and will vary
with the needs of the child as well as the availability of other resources to
meet the child's needs. The supplemental benefits may be for special services
only or for money payments as allowed under Section 43-13-115, Mississippi Code
of 1972, and either for a limited period, for a long-term not exceeding the
child's eighteenth birthday, or for any combination of the foregoing. The
amount of the time-limited, long-term supplemental benefits may in no case
exceed that which would be currently allowable for such child under the
Mississippi Medicaid Law.
(2) When supplemental benefits last for more than one (1) year, the adoptive parents shall present an annual written certification that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits shall be extended so long as the parents remain legally responsible for and are providing support for the child. The agency shall continue paying benefits until a child reaches twenty-one (21) years of age if the child meets the criteria stated in Section 93-17-67(1) for continuation of Medicaid coverage.
(3) A child who is a resident of Mississippi when eligibility for supplemental benefits is certified shall remain eligible and receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter.
SECTION 81. Section 93-17-63, Mississippi Code of 1972, is amended as follows:
93-17-63.
All records regarding such adoption shall be confidential. Anyone violating or
releasing information of a confidential nature, as contemplated by Sections 93-17-51
through 93-17-67 without the approval of the court with jurisdiction or the * * * Department of * * * Child Protection Services
unless such release is made pursuant to Sections 93-17-201 through 93-17-223
shall be guilty of a misdemeanor and subject to a fine not exceeding One
Thousand Dollars ($1,000.00) or imprisonment of six (6) months, or both.
SECTION 82. Section 93-17-65, Mississippi Code of 1972, is amended as follows:
93-17-65.
The * * * Department of Child Protection Services
shall promulgate rules and regulations necessary to implement the provisions of
Sections 93-17-51 through 93-17-67.
SECTION 83. Section 93-17-67, Mississippi Code of 1972, is amended as follows:
93-17-67.
(1) If the adoptive parents of a child eligible for adoption supplemental
benefits sign an adoption assistance agreement with the Department of * * * Child Protection Services, then,
whether or not they accept such benefits, Medicaid coverage shall be provided
for the child under the agency's medical payment program from and after the
commencement date established pursuant to Section 93-17-61 until the child's
eighteenth birthday, provided that federal matching funds are available for
such payment.
(2)
Any child who is adopted in this state through a state-supported adoption
agency and who immediately prior to such adoption was receiving Medicaid
benefits because of a severe physical or mental handicap shall continue to
receive such coverage benefits after adoption age eighteen (18), and such
benefits shall be payable as provided under the agency's medical payment
program for so long as the * * * Department of * * * Child Protection Services
determines that the treatment or rehabilitation for which payment is being made
is in the best interest of the child concerned, but not past the age of twenty-one
(21) years, provided that federal matching funds are available for such payment
and that any state funds used for such payment shall have been appropriated
specifically for such purpose.
(3)
If permitted by federal law without any loss to the state of federal matching
funds, the financial resources of the adopting parents shall not be a factor in
such determination except that payments on behalf of a child of any age may be
adjusted when insurance benefits available to the adopting parents would pay
all or part of such payments being made by the state, or if medical or
rehabilitation services are otherwise available without cost to the adopting
parents. The amount of financial assistance given shall not exceed the amount
that the Division of Medicaid * * * would be required to pay for the
same medical treatment or rehabilitation.
(4) The receipt of Medicaid benefits by an adopted child under Sections 93-17-51 through 93-17-67 shall not qualify the adopting parents for Medicaid eligibility, unless either parent is otherwise eligible under Section 43-13-115, Mississippi Code of 1972.
SECTION 84. Section 93-17-69, Mississippi Code of 1972, is amended as follows:
93-17-69.
Any person proposing to adopt a child who is * * *
in the custody of the Department of Child Protection Services and who is
in special circumstances as defined in paragraph (c) of Section 93-17-55 shall
be * * * eligible to have the attorney fees of such adoption
proceeding paid by the Department of Child Protection Services upon request by
the adopting parent to the department. The Department of Child Protection
Services shall determine the amount and any limitations to such payment as it
deems appropriate and shall advise prospective adopting parents of their
right under this section * * *to be represented in adoption proceedings. The fees for
filing the petition for adoption and preparing a revised birth certificate, any
court costs taxed against the petitioner and any other actual payments * * * required to
complete the adoption proceeding, shall be paid by the adopting parent.
SECTION 85. Section 93-17-101, Mississippi Code of 1972, is amended as follows:
93-17-101. (1) The Legislature finds that:
(a) Locating adoptive families for children for whom state assistance is desirable, pursuant to the Mississippi adoption assistance law, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and
(b) Providing medical and other necessary services for children, with state assistance, encounters special difficulties when the providing of services takes place in other states.
(2) The purposes of Sections 93-17-101 through 93-17-109 are to:
(a)
Authorize the Mississippi Department of * * * Child Protection Services
to enter into interstate agreements with agencies of other states for the
protection of children on behalf of whom adoption assistance is being provided
by the Mississippi Department of * * * Child Protection Services;
and
(b) Provide procedures for interstate children's adoption assistance payments, including medical payments.
SECTION 86. Section 93-17-103, Mississippi Code of 1972, is amended as follows:
93-17-103.
(1) The Mississippi Department of * * * Child Protection Services
is authorized to develop, participate in the development of, negotiate and
enter into one or more interstate compacts on behalf of this state with other
states to implement one or more of the purposes set forth in Sections 93-17-101
through 93-17-109. When so entered into, and for so long as it shall remain in
force, such a compact shall have the force and effect of law.
(2) For the purposes of Sections 93-17-101 through 93-17-109, the term "state" shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of or administered by the United States.
(3) For the purposes of Sections 93-17-101 through 93-17-109, the term "adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(4) For the purposes of Sections 93-17-101 through 93-17-109, the term "residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
SECTION 87. Section 93-17-107, Mississippi Code of 1972, is amended as follows:
93-17-107.
(1) A child with special needs resident in this state who is the subject of an
adoption assistance agreement with another state and who has been determined
eligible for medicaid in that state shall be entitled to receive a medical
assistance identification from this state upon filing with the Mississippi
Department of * * * Child Protection Services a certified copy of the
adoption assistance agreement obtained from the adoption assistance state which
certifies to the eligibility of the child for medicaid. In accordance with
regulations of the Mississippi Department of * * * Child Protection Services,
the adoptive parents shall be required, at least annually, to show that the
agreement is still in force or has been renewed.
(2) The Division of Medicaid, Office of the Governor, shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(3) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine not to exceed Ten Thousand Dollars ($10,000.00), or imprisonment for not to exceed two (2) years, or both.
(4) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
SECTION 88. Section 93-17-109, Mississippi Code of 1972, is amended as follows:
93-17-109.
Consistent with federal law, the Mississippi Department of * * * Child Protection Services
and the Division of Medicaid, Office of the Governor of the State of
Mississippi, in connection with the administration of Sections 93-17-101
through 93-17-109 and any compact entered into pursuant hereto, shall include
in any state plan made pursuant to the Adoption Assistance and Child Welfare
Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act, and
any other applicable federal laws, the provision of adoption assistance and
medical assistance for which the federal government pays some or all of the
cost provided such authority is granted under the provisions of some law of
this state other than the provisions of Sections 93-17-101 through 93-17-109.
Such departments shall apply for and administer all relevant federal aid in
accordance with law.
SECTION 89. Section 93-17-203, Mississippi Code of 1972, is amended as follows:
93-17-203. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
"Agency" means a county * * * Department of Child Protection
Services, a licensed or nonlicensed adoption agency or any other individual
or entity assisting in the finalization of an adoption.
(b) "Adoptee" means a person who is or has been adopted in this state at any time.
(c) "Birth parent" means either:
(i) The mother designated on the adoptee's original birth certificate; or
(ii) The person named by the mother designated on the adoptee's original birth certificate as the father of the adoptee.
(d) "Board" means the Mississippi State Board of Health.
(e) "Bureau" means the Bureau of Vital Records of the Mississippi State Board of Health.
(f)
"Licensed adoption agency" means any agency or organization
performing adoption services and duly licensed by the Mississippi Department of * * * Child Protection Services,
Division of Family and Children's Services.
SECTION 90. Section 93-21-307, Mississippi Code of 1972, is amended as follows:
93-21-307.
The administration of the Mississippi Children's Trust Fund shall be vested in
the * * * Mississippi
Department of Child Protection Services. In carrying out the provisions of
Sections 93-21-301 through 93-21-311, the * * * Department
of Child Protection Services shall have the following powers and duties:
(a) To assist in developing programs aimed at discovering and preventing the many factors causing child abuse and neglect;
(b) To prepare and disseminate, including the presentation of, educational programs and materials on child abuse and neglect;
(c) To provide educational programs for professionals required by law to make reports of child abuse and neglect;
(d) To help coordinate child protective services at the state, regional and local levels with the efforts of other state and voluntary social, medical and legal agencies;
(e) To provide advocacy for children in public and private state and local agencies affecting children;
(f) To encourage citizen and community awareness as to the needs and problems of children;
(g) To facilitate the exchange of information between groups concerned with families and children;
(h) To consult with state departments, agencies, commissions and boards to help determine the probable effectiveness, fiscal soundness and need for proposed educational and service programs for the prevention of child abuse and neglect;
(i)
To adopt rules and regulations, * * *
in accordance with the Administrative Procedures Law to discharge its
responsibilities;
(j)
To report annually, through the annual report of the * * * Department of * * * Child Protection Services,
to the Governor and the Legislature concerning the * * * department's activities under
Sections 93-21-301 through 93-21-311 and the effectiveness of those activities
in fostering the prevention of child abuse and neglect;
(k) To recommend to the Governor and the Legislature changes in state programs, statutes, policies and standards which will reduce child abuse and neglect, improve coordination among state agencies which provide services to prevent abuse and neglect, improve the condition of children and assist parents and guardians;
(l) To evaluate and strengthen all local, regional and state programs dealing with child abuse and neglect;
(m) To prepare and submit annually to the Governor and the Legislature reports evaluating the level and quality of all programs, services and facilities provided to children by state agencies;
(n) To contract with public or private nonprofit institutions, organizations, agencies or schools or with qualified individuals for the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect;
(o) To determine the eligibility of programs applying for financial assistance and to make grants and loans from the fund for the purposes set forth in Sections 93-21-301 through 93-21-311;
(p) To develop, within one (1) year after July 1, 1989, a state plan for the distribution of funds from the trust fund which shall assure that an equal opportunity exists for establishment of prevention programs and for receipt of trust fund money among all geographic areas in this state, and to submit the plan to the Governor and the Legislature and annually thereafter submit revisions thereto as needed;
(q) To provide for the coordination and exchange of information on the establishment and maintenance of local prevention programs;
(r) To develop and publicize criteria for the receipt of trust fund money by eligible local prevention programs;
(s) To enter into contracts with public or private agencies to fulfill the requirements of Sections 93-21-301 through 93-21-311; and
(t) Review, monitor and approve the expenditure of trust fund money by eligible local programs.
SECTION 91. Section 93-21-311, Mississippi Code of 1972, is amended as follows:
93-21-311.
In making grants or loans from the trust fund, the * * * department shall consider the
degree to which the applicant's proposal meets the following criteria:
(a) Has as its primary purpose the development and facilitation of a community-based prevention program in a specific geographical area, which program shall utilize trained volunteers and existing community resources where practicable;
(b)
Is administered by an organization or group which is composed of or has
participation by the * * * Department of Child Protection
Services, the county health department, the youth court or chancery court,
the office of the district attorney, county or municipal law enforcement
personnel, county or municipal school officials, local public or private
organizations or agencies which provide programs or services for the prevention
of child abuse and neglect and educational programs for the prevention of
problems of families and children; and
(c) Demonstrates a willingness and ability and has a plan to provide prevention program models and consultations to appropriate organizations within the community regarding prevention program development and maintenance.
SECTION 92. Section 93-31-3, Mississippi Code of 1972, is amended as follows:
93-31-3. (1) (a) A parent or legal custodian of a child, by means of a properly executed power of attorney as provided in Section 93-31-5, may delegate to another willing person or persons as attorney-in-fact any of the powers regarding the care and custody of the child other than the following:
(i) The power to consent to marriage or adoption of the child;
(ii) The performance or inducement of an abortion on or for the child; or
(iii) The termination of parental rights to the child.
(b) A delegation of powers under this section does not:
(i) Change or modify any parental or legal rights, obligations, or authority established by an existing court order;
(ii) Deprive any custodial or noncustodial parent or legal guardian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child; or
(iii) Affect a court's ability to determine the best interests of a child.
(c) If both parents are living and have shared custody as a matter of law or under an existing court order, both parents must execute the power of attorney.
(d) A power of attorney under this chapter must be facilitated by either a child welfare agency that is licensed to place children for adoption and that is operating under the Safe Families for Children model or another charitable organization that is operating under the Safe Families for Children model. A full criminal history and child abuse and neglect background check must be conducted on any person who is not a grandparent, aunt, uncle, or sibling of the child if the person is:
(i) Designated or proposed to be designated as the attorney-in-fact; or
(ii) Is a person over the age of fifteen (15) who resides in the home of the designated attorney-in-fact.
(2) A power of attorney executed under this chapter shall not be used for the sole purposes of enrolling a child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purposes, except as may be permitted by the federal Every Student Succeeds Act (Public Law 114-95).
(3) The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by this section at any time. Upon the termination, expiration, or revocation of the power of attorney, the child must be returned to the custody of the parent or legal custodian as soon as reasonably possible.
(4) Until the authority expires or is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney.
(5)
The execution of a power of attorney by a parent or legal custodian does not,
in the absence of other evidence, constitute abandonment, desertion, abuse,
neglect, or any evidence of unfitness as a parent unless the parent or legal
custodian fails to take custody of the child or execute a new power of attorney
after the one-year time limit, or after a longer time period as allowed for a
serving parent, has elapsed. Nothing in this subsection prevents the Department
of * * * Child
Protection Services or law enforcement from investigating allegations of
abuse, abandonment, desertion, neglect or other mistreatment of a child.
(6) When the custody of a child is transferred by a power of attorney under this chapter, the child is not considered to have been placed in foster care and the attorney-in-fact will not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to out-of-home care for children and will not be subject to any statutes or regulations dealing with the licensing or regulation of foster care homes.
(7) (a) "Serving parent" means a parent who is a member of the Armed Forces of the United States, including any reserve component thereof, or the National Oceanic and Atmospheric Administration Commissioned Officer Corps or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty.
(b) A serving parent may delegate the powers designated in subsection (1) of this section for longer than one (1) year if on active-duty service or if scheduled to be on active-duty service. The term of delegation, however, may not exceed the term of active-duty service plus thirty (30) days.
SECTION 93. Section 97-3-54.1, Mississippi Code of 1972, is amended as follows:
97-3-54.1. (1) (a) A person who coerces, recruits, entices, harbors, transports, provides or obtains by any means, or attempts to coerce, recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services, or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of human-trafficking.
(b) A person who knowingly purchases the forced labor or services of a trafficked person or who otherwise knowingly subjects, or attempts to subject, another person to forced labor or services or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of procuring involuntary servitude.
(c) A person who knowingly subjects, or attempts to subject, or who recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, a minor, knowing that the minor will engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or causes or attempts to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, shall be guilty of procuring sexual servitude of a minor and shall be punished by commitment to the custody of the Department of Corrections for not less than five (5) nor more than thirty (30) years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00), or both. It is not a defense in a prosecution under this section that a minor consented to engage in the commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or that the defendant reasonably believed that the minor was eighteen (18) years of age or older.
(2) If the victim is not a minor, a person who is convicted of an offense set forth in subsection (1)(a) or (b) of this section shall be committed to the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years, or by a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both. If the victim of the offense is a minor, a person who is convicted of an offense set forth in subsection (1)(a) or (b) of this section shall be committed to the custody of the Department of Corrections for not less than five (5) years nor more than twenty (20) years, or by a fine of not less than Twenty Thousand Dollars ($20,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.
(3) An enterprise may be prosecuted for an offense under this chapter if:
(a) An agent of the enterprise knowingly engages in conduct that constitutes an offense under this chapter while acting within the scope of employment and for the benefit of the entity.
(b) An employee of the enterprise engages in conduct that constitutes an offense under this chapter and the commission of the offense was part of a pattern of illegal activity for the benefit of the enterprise, which an agent of the enterprise either knew was occurring or recklessly disregarded, and the agent failed to take effective action to stop the illegal activity.
(c) It is an affirmative defense to a prosecution of an enterprise that the enterprise had in place adequate procedures, including an effective complaint procedure, designed to prevent persons associated with the enterprise from engaging in the unlawful conduct and to promptly correct any violations of this chapter.
(d) The court may consider the severity of the enterprise's offense and order penalties, including: (i) a fine of not more than One Million Dollars ($1,000,000.00); (ii) disgorgement of profit; and (iii) debarment from government contracts. Additionally, the court may order any of the relief provided in Section 97-3-54.7.
(4)
In addition to the mandatory reporting provisions contained in Sections 43-21-353
and, 97-5-51, any person who has reasonable cause to suspect that a minor
under the age of eighteen (18) is a trafficked person shall immediately make a
report * * *
to the Statewide Human Trafficking Coordinator. * * * A
minor who has been identified as a victim of trafficking shall not be liable
for criminal activity in violation of this section.
(5) It is an affirmative defense in a prosecution under this act that the defendant:
(a) Is a victim; and
(b) Committed the offense under a reasonable apprehension created by a person that, if the defendant did not commit the act, the person would inflict serious harm on the defendant, a member of the defendant's family, or a close associate.
SECTION 94. Section 97-5-24, Mississippi Code of 1972, is amended as follows:
97-5-24.
If any person eighteen (18) years or older who is employed by any public school
district or private school in this state is accused of fondling or having any
type of sexual involvement with any child under the age of eighteen (18) years
who is enrolled in such school, the principal of such school and the
superintendent of such school district shall timely notify the district
attorney with jurisdiction where the school is located of such accusation, the
Mississippi Department of Education and the Department of * * * Child Protection Services, provided
that such accusation is reported to the principal and to the school
superintendent and that there is a reasonable basis to believe that such
accusation is true. Any superintendent, or his designee, who fails to make a
report required by this section shall be subject to the penalties provided in
Section 37-11-35. Any superintendent, principal, teacher or other school
personnel participating in the making of a required report pursuant to this
section or participating in any judicial proceeding resulting therefrom shall
be presumed to be acting in good faith. Any person reporting in good faith
shall be immune from any civil liability that might otherwise be incurred or
imposed.
SECTION 95. Section 97-5-39, Mississippi Code of 1972, is amended as follows:
97-5-39. (1) (a) Except as otherwise provided in this section, any parent, guardian or other person who intentionally, knowingly or recklessly commits any act or omits the performance of any duty, which act or omission contributes to or tends to contribute to the neglect or delinquency of any child or which act or omission results in the abuse of any child, as defined in Section 43-21-105(m) of the Youth Court Law, or who knowingly aids any child in escaping or absenting himself from the guardianship or custody of any person, agency or institution, or knowingly harbors or conceals, or aids in harboring or concealing, any child who has absented himself without permission from the guardianship or custody of any person, agency or institution to which the child shall have been committed by the youth court shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by both such fine and imprisonment.
(b) For the purpose of this section, a child is a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services, or who is married, is not considered a child for the purposes of this statute.
(c) If a child commits one (1) of the proscribed acts in subsection (2)(a), (b) or (c) of this section upon another child, then original jurisdiction of all such offenses shall be in youth court.
(d) If the child's deprivation of necessary clothing, shelter, health care or supervision appropriate to the child's age results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment in custody of the Department of Corrections for not more than five (5) years or to payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(e) A parent, legal guardian or other person who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment in the custody of the Department of Corrections for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(2) Any person shall be guilty of felonious child abuse in the following circumstances:
(a) Whether bodily harm results or not, if the person shall intentionally, knowingly or recklessly:
(i) Burn any child;
(ii) Physically torture any child;
(iii) Strangle, choke, smother or in any way interfere with any child's breathing;
(iv) Poison a child;
(v) Starve a child of nourishments needed to sustain life or growth;
(vi) Use any type of deadly weapon upon any child;
(b) If some bodily harm to any child actually occurs, and if the person shall intentionally, knowingly or recklessly:
(i) Throw, kick, bite, or cut any child;
(ii) Strike a child under the age of fourteen (14) about the face or head with a closed fist;
(iii) Strike a child under the age of five (5) in the face or head;
(iv) Kick, bite, cut or strike a child's genitals; circumcision of a male child is not a violation under this subparagraph (iv);
(c) If serious bodily harm to any child actually occurs, and if the person shall intentionally, knowingly or recklessly:
(i) Strike any child on the face or head;
(ii) Disfigure or scar any child;
(iii) Whip, strike or otherwise abuse any child;
(d) Any person, upon conviction under paragraph (a) or (c) of this subsection, shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than five (5) years and up to life, as determined by the court. Any person, upon conviction under paragraph (b) of this subsection shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years nor more than ten (10) years, as determined by the court. For any second or subsequent conviction under this subsection (2), the person shall be sentenced to imprisonment for life.
(e) For the purposes of this subsection (2), "bodily harm" means any bodily injury to a child and includes, but is not limited to, bruising, bleeding, lacerations, soft tissue swelling, and external or internal swelling of any body organ.
(f) For the purposes of this subsection (2), "serious bodily harm" means any serious bodily injury to a child and includes, but is not limited to, the fracture of a bone, permanent disfigurement, permanent scarring, or any internal bleeding or internal trauma to any organ, any brain damage, any injury to the eye or ear of a child or other vital organ, and impairment of any bodily function.
(g) Nothing contained in paragraph (c) of this subsection shall preclude a parent or guardian from disciplining a child of that parent or guardian, or shall preclude a person in loco parentis to a child from disciplining that child, if done in a reasonable manner, and reasonable corporal punishment or reasonable discipline as to that parent or guardian's child or child to whom a person stands in loco parentis shall be a defense to any violation charged under paragraph (c) of this subsection.
(h) Reasonable discipline and reasonable corporal punishment shall not be a defense to acts described in paragraphs (a) and (b) of this subsection or if a child suffers serious bodily harm as a result of any act prohibited under paragraph (c) of this subsection.
(3) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.
(4) (a) A parent, legal guardian or caretaker who endangers a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing or possessing immediate precursors or chemical substances with intent to manufacture, sell or possess a controlled substance as prohibited under Section 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(b) If the endangerment results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than twenty (20) years or to payment of a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.
(5) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.
(6)
After consultation with the Department of * * * Child Protection Services or
Department of Human Services, a regional mental health center or an
appropriate professional person, a judge may suspend imposition or execution of
a sentence provided in subsections (1) and (2) of this section and in lieu
thereof require treatment over a specified period of time at any approved
public or private treatment facility. A person may be eligible for treatment
in lieu of criminal penalties no more than one (1) time.
(7) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth Court Law, the testimony of the physician making the report regarding the child's injuries or condition or cause thereof shall not be excluded on the ground that the physician's testimony violates the physician-patient privilege or similar privilege or rule against disclosure. The physician's report shall not be considered as evidence unless introduced as an exhibit to his testimony.
(8) Any criminal prosecution arising from a violation of this section shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court.
SECTION 96. Section 97-5-51, Mississippi Code of 1972, is amended as follows:
97-5-51. (1) Definitions. For the purposes of this section:
(a) "Sex crime against a minor" means any offense under at least one (1) of the following statutes when committed by an adult against a minor who is under the age of sixteen (16):
(i) Section 97-3-65 relating to rape;
(ii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iii) Section 97-3-95 relating to sexual battery;
(iv) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vi) Section 97-5-33 relating to exploitation of children;
(vii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;
(viii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(ix) Section 97-1-7 relating to the attempt to commit any of the offenses listed in this subsection.
(b) "Mandatory reporter" means any of the following individuals performing their occupational duties: health care practitioner, clergy member, teaching or child care provider, law enforcement officer, or commercial image processor.
(c) "Health care practitioner" means any individual who provides health care services, including a physician, surgeon, physical therapist, psychiatrist, psychologist, medical resident, medical intern, hospital staff member, licensed nurse, midwife and emergency medical technician or paramedic.
(d) "Clergy member" means any priest, rabbi or duly ordained deacon or minister.
(e) "Teaching or child care provider" means anyone who provides training or supervision of a minor under the age of sixteen (16), including a teacher, teacher's aide, principal or staff member of a public or private school, social worker, probation officer, foster home parent, group home or other child care institutional staff member, personnel of residential home facilities, a licensed or unlicensed day care provider.
(f) "Commercial image processor" means any person who, for compensation: (i) develops exposed photographic film into negatives, slides or prints; (ii) makes prints from negatives or slides; or (iii) processes or stores digital media or images from any digital process, including, but not limited to, website applications, photography, live streaming of video, posting, creation of power points or any other means of intellectual property communication or media including conversion or manipulation of still shots or video into a digital show stored on a photography site or a media storage site.
(g) "Caretaker" means any person legally obligated to provide or secure adequate care for a minor under the age of sixteen (16), including a parent, guardian, tutor, legal custodian or foster home parent.
(2) (a) Mandatory reporter requirement. A mandatory reporter shall make a report if it would be reasonable for the mandatory reporter to suspect that a sex crime against a minor has occurred.
(b) Failure to file a mandatory report shall be punished as provided in this section.
(c) Reports made under this section and the identity of the mandatory reporter are confidential except when the court determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor. The identity of the reporting party shall not be disclosed to anyone other than law enforcement or prosecutors except under court order; violation of this requirement is a misdemeanor. Reports made under this section are for the purpose of criminal investigation and prosecution only and information from these reports is not a public record. Disclosure of any information by the prosecutor shall conform to the Mississippi Uniform Rules of Circuit and County Court Procedure.
(d) Any mandatory reporter who makes a required report under this section or participates in a judicial proceeding resulting from a mandatory report shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(3) (a) Mandatory reporting procedure. A report required under subsection (2) must be made immediately to the law enforcement agency in whose jurisdiction the reporter believes the sex crime against the minor occurred. Except as otherwise provided in this subsection (3), a mandatory reporter may not delegate to any other person the responsibility to report, but shall make the report personally.
(i)
The reporting requirement under this subsection (3) is satisfied if a mandatory
reporter in good faith reports a suspected sex crime against a minor to the
Department of * * *
Child Protection Services under Section 43-21-353.
(ii) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter reports a suspected sex crime against a minor by following a reporting procedure that is imposed:
1. By state agency rule as part of licensure of any person or entity holding a state license to provide services that include the treatment or education of abused or neglected children; or
2. By statute.
(b) Contents of the report. The report shall identify, to the extent known to the reporter, the following:
(i) The name and address of the minor victim;
(ii) The name and address of the minor's caretaker;
(iii) Any other pertinent information known to the reporter.
(4) A law enforcement officer who receives a mandated report under this section shall file an affidavit against the offender on behalf of the State of Mississippi if there is probable cause to believe that the offender has committed a sex crime against a minor.
(5) Collection of forensic samples. (a) (i) When an abortion is performed on a minor who is less than fourteen (14) years of age at the time of the abortion procedure, fetal tissue extracted during the abortion shall be collected in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the pregnancy being terminated is the result of a sex crime against a minor.
(ii) When a minor who is under sixteen (16) years of age gives birth to an infant, umbilical cord blood shall be collected, if possible, in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the minor's pregnancy resulted from a sex crime against a minor.
(iii) It shall be reasonable to suspect that a sex crime against a minor has occurred if the mother of an infant was less than sixteen (16) years of age at the time of conception and at least one (1) of the following conditions also applies:
1. The mother of the infant will not identify the father of the infant;
2. The mother of the infant lists the father of the infant as unknown;
3. The person the mother identifies as the father of the infant disputes his fatherhood;
4. The person the mother identifies as the father of the infant is twenty-one (21) years of age or older; or
5. The person the mother identifies as the father is deceased.
(b) The State Medical Examiner shall adopt rules and regulations consistent with Section 99-49-1 that prescribe:
(i) The amount and type of fetal tissue or umbilical cord blood to be collected pursuant to this section;
(ii) Procedures for the proper preservation of the tissue or blood for the purpose of DNA testing and examination;
(iii) Procedures for documenting the chain of custody of such tissue or blood for use as evidence;
(iv) Procedures for proper disposal of fetal tissue or umbilical cord blood collected pursuant to this section;
(v) A uniform reporting instrument mandated to be utilized, which shall include the complete residence address and name of the parent or legal guardian of the minor who is the subject of the report required under this subsection (5); and
(vi) Procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.
(6) Penalties. (a) A person who is convicted of a first offense under this section shall be guilty of a misdemeanor and fined not more than Five Hundred Dollars ($500.00).
(b) A person who is convicted of a second offense under this section shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or imprisoned for not more than thirty (30) days, or both.
(c) A person who is convicted of a third or subsequent offense under this section shall be guilty of a misdemeanor and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for not more than one (1) year, or both.
(7) A health care practitioner or health care facility shall be immune from any penalty, civil or criminal, for good-faith compliance with any rules and regulations adopted pursuant to this section.
SECTION 97. Section 97-29-49, Mississippi Code of 1972, is amended as follows:
97-29-49. (1) A person commits the misdemeanor of prostitution if the person knowingly or intentionally performs, or offers or agrees to perform, sexual intercourse or sexual conduct for money or other property. "Sexual conduct" includes cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object or body part of the genital or anal opening of another.
(2) Any person violating the provisions of this section shall, upon conviction, be punished by a fine not exceeding Two Hundred Dollars ($200.00) or by confinement in the county jail for not more than six (6) months, or both.
(3)
In addition to the mandatory reporting provisions contained in Section 97-5-51,
any law enforcement officer who takes a minor under eighteen (18) years of age
into custody for suspected prostitution shall immediately make a report to the
Department of * * *
Child Protection Services as required in Section 43-21-353 for suspected
child sexual abuse or neglect, and the department shall commence an initial
investigation into suspected child sexual abuse or neglect as required in
Section 43-21-353.
(4) If it is determined that a person suspected of or charged with engaging in prostitution is engaging in those acts as a direct result of being a trafficked person, as defined by Section 97-3-54.4, that person shall be immune from prosecution for prostitution as a juvenile or adult and, if a minor, the provisions of Section 97-3-54.1(4) shall be applicable.
SECTION 98. Section 43-21-251, Mississippi Code of 1972, is amended as follows:
43-21-251. (1) The court records of the youth court shall include:
(a) A general docket in which the clerk of the youth court shall enter the names of the parties in each cause, the date of filing the petition, any other pleadings, all other papers in the cause, issuance and return of process, and a reference by the minute book and page to all orders made therein. The general docket shall be duly indexed in the alphabetical order of the names of the parties.
(b) All the papers and pleadings filed in a cause. The papers in every cause shall be marked with the style and number of the cause and the date when filed. All the papers filed in a cause shall be kept in the same file, and all the files shall be kept in numerical order.
(c) All social records of a youth court, which shall include all intake records, social summaries, medical examinations, mental health examinations, transfer studies and all other information obtained and prepared in the discharge of official duty for the youth court.
(i) A "social summary" is an investigation of the personal and family history and the environment of a child who is the subject of a youth court cause. The social summary should describe all reasonable appropriate alternative dispositions. The social summary should contain a specific plan for the care and assistance to the child with a detailed explanation showing the necessity for the proposed plan of disposition.
(ii) A "medical examination" is an examination by a physician of a child who is the subject of a youth court cause or of his parent. The youth court may order a medical examination at any time after the intake unit has received a written complaint. Whenever possible, a medical examination shall be conducted on an outpatient basis. A medical examination of a parent of the child who is the subject of the cause shall not be ordered unless the physical or mental ability of the parent to care for the child is a relevant issue in the particular cause and the parent to be examined consents to the examination.
(iii) A "mental health examination" is an examination by a psychiatrist or psychologist of a child who is the subject of a youth court cause or of his parent. The youth court may order a mental health examination at any time after the intake unit has received a written complaint. Whenever possible, a mental health examination shall be conducted on an outpatient basis. A mental health examination of a parent of the child who is the subject of a cause shall not be ordered unless the physical or mental ability of the parent to care for the child is a relevant issue in the particular cause and the parent to be examined consents to the examination.
(iv) A "transfer study" is a social summary which addresses the factors set forth in Section 43-21-157(5). A transfer study shall not be admissible evidence nor shall it be considered by the court at any adjudicatory hearing. It shall be admissible evidence at a transfer or disposition hearing.
(d) A minute book in which the clerk shall record all the orders of the youth court.
(e) Proceedings of the youth court and evidence.
(f) All information obtained by the youth court from the Administrative Office of Courts pursuant to a request under Section 43-21-261(15).
(2) The records of the youth court and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.
(3) The court records of the youth court may be kept on computer in the manner provided for storing circuit court records and dockets as provided in Section 9-7-171. The Administrative Office of Courts shall recommend to the youth courts a uniform format to maintain the records of such courts.
SECTION 99. Section 25-9-127, Mississippi Code of 1972, is amended as follows:
25-9-127. (1) No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system, may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; and (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority.
(2) The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.
(3) Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the Military Selective Service Act.
(4) For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) shall not apply to the personnel actions of the State Department of Education that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2014, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The State Superintendent of Public Education and the State Board of Education shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
It is not the intention or effect of this section to include any school attendance officer in any exemption from coverage under the State Personnel Board policy or regulations, including, but not limited to, termination and conditions of employment.
(5) (a) For a period of two (2) years beginning July 1, 2015, the provisions of subsection (1) shall not apply to the personnel actions of the Department of Corrections, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2015, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment.
(b) Additionally, for a period of one (1) year beginning July 1, 2016, the personnel actions of the Commissioner of the Department of Corrections shall be exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization and realignment of the department.
(c) The Commissioner of Corrections shall consult with the Office of the Attorney General before personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(6) Through July 1, 2019, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Human Services that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. Any employee hired on or after July 1, 2019, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The Executive Director of Human Services shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(7) Through July 1, 2019, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Child Protection Services that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. Any employee hired on or after July 1, 2019, by the division shall meet the criteria of the State Personnel Board as it presently exists for employment. Further, for a period of one (1) year beginning July 1, 2017, the personnel actions of the Department of Child Protection Services shall be exempt from State Personnel Board rules, regulation and procedures in order to give the department flexibility in making an orderly, effective and timely reorganization and realignment of the department. The Commissioner of Child Protection Services shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(8)
Any state agency whose personnel actions are exempted in this section from the
rules, regulations and procedures of the State Personnel Board shall file with
the Lieutenant Governor, the Speaker of the House of Representatives, and the
members of the Senate and House Accountability, Efficiency * * * and Transparency Committees an annual
report no later than July 1, 2016, and each year thereafter while under the
exemption. Such annual report shall contain the following information:
(a) The number of current employees who received an increase in salary during the past fiscal year and the amount of the increase;
(b) The number of employees who were dismissed from the agency or otherwise adversely affected as to compensation or employment status during the past fiscal year, including a description of such adverse effects; and
(c) The number of new employees hired during the past fiscal year and the starting salaries of each new employee.
SECTION 100. The following shall be codified as Section 43-26-5, Mississippi Code of 1972:
43-26-5. (1) In addition to all other powers and duties provided by law, the Department of Child Protection Services is authorized to:
(a) Provide protective services for children as will conserve home life;
(b) Assume responsibility for the care and support of dependent children needing public care away from their homes;
(c) Place children found by the department to be dependent or without proper care in suitable institutions or private homes and cooperate with public and private institutions in placing such children; and
(d) Accept custody or guardianship, through one (1) of its designated employees, of any child, when appointed as custodian or guardian in the manner provided by law.
The grant of authority in this subsection (1) shall not be construed as diminishing any other authority granted to the department by any other law.
(2) The board of supervisors in each county is empowered, in its discretion, to set aside and appropriate any money necessary to carry out the provisions of this section to the county office of the Department of Child Protection Services. Such money may come out of the tax levied and collected to support the poor of the county or out of the county general fund.
SECTION 101. The following shall be codified as Section 43-26-3, Mississippi Code of 1972:
43-26-3. The Commissioner of the Department of Child Protection Services is authorized to:
(a) Formulate the policy of the department;
(b) Adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction;
(c) Employ personnel;
(d) Apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(e) Fingerprint and perform a criminal history check on every employee or volunteer who, by virtue of such position has direct access to children or is in a position of fiduciary responsibility; and
(f) Discharge such other duties, responsibilities and powers as are necessary to implement the programs of the department.
SECTION 102. This act shall take effect and be in force from and after its passage.
