Bill Text: MS HB801 | 2018 | Regular Session | Enrolled
Bill Title: Children; authorize emergency placement in home of a relative.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2018-03-08 - Approved by Governor [HB801 Detail]
Download: Mississippi-2018-HB801-Enrolled.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representatives Gipson, Sykes, Gibbs (72nd), Holloway
House Bill 801
(As Sent to Governor)
AN ACT TO AMEND SECTION 43-15-14, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHILDREN TO BE PLACED IN THE HOME OF A RELATIVE IN EMERGENCY PLACEMENT BECAUSE OF SUDDEN UNAVAILABILITY OF THEIR PRIMARY CAREGIVER; TO INCREASE TO FIFTEEN DAYS THE MAXIMUM TIME TO SUBMIT FINGERPRINTS OF ADULTS RESIDING IN THE PLACEMENT HOME TO THE MCIC OR FBI AND THE MAXIMUM TIME FOR A PERSON TO SUBMIT FINGERPRINTS AFTER BEING DENIED PLACEMENT OF A CHILD IN THEIR HOME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-15-14, Mississippi Code of 1972, is amended as follows:
43-15-14. (1) As used in this section, "emergency placement" means those limited instances when the Mississippi Department of Child Protection Services is placing a child in the home of private individuals, including relatives, neighbors or friends, as a result of a sudden unavailability of the child's primary caretaker.
(2) During an emergency
placement situation when a child must be placed in home care due to the absence
of parents or custodians, the Mississippi Department of Child Protection
Services (MDCPS) may request that a criminal justice agency perform a federal
name-based criminal history records check of each adult residing in the
home. Name-based check results may be provided to the Mississippi Criminal
Information Center (MCIC) of the Mississippi Department of Public Safety, which
shall then provide a complete set of each adult resident's fingerprints to the
MCIC central repository for the immediate submission to the Federal Bureau of
Investigation (FBI) within * * * fifteen (15) calendar days
from the date the name search was conducted. The central repository shall
either positively identify the fingerprint subject or forward the fingerprints
to the FBI within * * * fifteen (15) calendar days from the date the name search
was conducted. The child shall be removed from the home immediately if any
adult resident fails to provide fingerprints and written permission to perform
a federal criminal history records check when requested.
(3) When placement of a
child in a home is denied as a result of a name-based criminal history records
check of a resident, and the resident contests that denial, each such resident
shall, within * * * fifteen (15) calendar days, submit to MDCPS a complete
set of the resident's fingerprints with written permission allowing MCIC to
forward the fingerprints to the MCIC criminal history records repository for
submission to the FBI.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
