reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 13 - MEDICAL ASSISTANCE FOR THE AGED; MEDICAID (§§ 43-13-1 — 43-13-607) › Article 13 - MISSISSIPPI LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 43-13-601 — 43-13-607) › Section 43-13-605 - Mississippi Long-term Care Partnership Program created

(1)
The Mississippi Long-Term Care Partnership Program is created within the Division of Medicaid.
(2)
The Division of Medicaid in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtain approval to:
(a)
Establish a process for precertification of long-term care insurance policies that meets all the requirements of the program;
(b)
Establish minimum requirements that long-term care insurance policies must meet in order to qualify for precertification, including without limitation:
(i)
A conspicuous provision alerting consumers to the availability of consumer information and public education provided by the Division of Medicaid;
(ii)
A guarantee that each insured has an option to cover home- and community-based services in addition to nursing facility care;
(iii)
Inflation protection;
(iv)
Periodic reporting to include explanations of benefits and a record of insurance payments that count toward Medicaid resource exclusion; and
(v)
Reports to the program as the Division of Medicaid may require;
(c)
Include provisions for reciprocal agreements with other states to extend the Medicaid eligibility protections in paragraph (d) of this subsection to purchasers of long-term care policies in those states, if at the time the long-term care policies were issued, the policies qualified for precertification in this state;
(d)
Include provisions that Medicaid eligibility determinations in the long-term care or related waiver categories for individuals who are the beneficiaries of precertified long-term care insurance policies shall include a resource disregard of One Dollar ($1.00) for every dollar of long-term care insurance benefits paid under the individual's prequalified long-term care insurance policy for long-term care services; and
(e)
Include an outreach program to educate consumers about the need for long-term care, the availability of long-term care insurance, and the asset protections available under this subsection.
Added by Laws, 2014, ch. 433, HB 1269, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 13 - MEDICAL ASSISTANCE FOR THE AGED; MEDICAID (§§ 43-13-1 — 43-13-607) › Article 13 - MISSISSIPPI LONG-TERM CARE PARTNERSHIP PROGRAM (§§ 43-13-601 — 43-13-607) › Section 43-13-607 - Continuity of asset protection

If this article is repealed, any Medicaid asset protection afforded under Section
43-13-605
shall remain effective for the life of the individual receiving long-term care services under this article.
Added by Laws, 2014, ch. 433, HB 1269, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 14 - MISSISSIPPI STATEWIDE SYSTEM OF CARE FOR CHILDREN AND YOUTH (§§ 43-14-1 — 43-14-7) › Section 43-14-3 - Powers and responsibilities of Council

In addition to the specific authority provided in Section
43-14-1
, the powers and responsibilities of the Interagency Coordinating Council for Children and Youth shall be as follows:
(a)
To serve in an advisory capacity and to provide state level leadership and oversight to the development of the Mississippi Statewide System of Care; and
(b)
To insure the creation and availability of an annual pool of funds from each participating agency member of the ICCCY that includes the amount to be contributed by each agency and a process for utilization of those funds.
Laws, 1993, ch. 388, § 2; reenacted and amended, Laws, 1996, ch. 476, § 2; reenacted without change, Laws, 1998, ch. 383, § 2; reenacted without change, Laws, 2000, ch. 547, § 2; Laws, 2001, ch. 591, § 2; Laws, 2005, ch. 409, § 2; Laws, 2010, ch. 418, § 2, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 14 - MISSISSIPPI STATEWIDE SYSTEM OF CARE FOR CHILDREN AND YOUTH (§§ 43-14-1 — 43-14-7) › Section 43-14-5 - Operating fund

There is created in the State Treasury a special fund into which shall be deposited all funds contributed by the Department of Human Services, Department of Child Protection Services, State Department of Health, Department of Mental Health and State Department of Rehabilitation 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.
Laws, 1993, ch. 388, § 3; Laws, 1994, ch. 649, § 12; reenacted and amended, Laws, 1996, ch. 476, § 3; reenacted and amended, Laws, 1998, ch. 383, § 3; reenacted without change, Laws, 2000, ch. 547, § 3; Laws, 2001, ch. 591, § 3; Laws, 2005, ch. 409, § 3; Laws, 2005, ch. 471, § 3; Laws, 2010, ch. 418, § 3, eff. 7/1/2010.
Amended by Laws, 2023, ch. 516, HB 1149,§ 32, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 14 - MISSISSIPPI STATEWIDE SYSTEM OF CARE FOR CHILDREN AND YOUTH (§§ 43-14-1 — 43-14-7) › Section 43-14-7 - and 43-14-9 - [Repealed]

Repealed by Laws, 2001, ch. 591, § 4, eff. 6/30/2001.
§ 43-14-7. [Laws, 1993, ch. 388, § 4; Laws, 1994, ch. 649, § 13; reenacted and amended, Laws, 1996, ch. 476, § 4; reenacted without change, Laws, 1998, ch. 383, § 4; reenacted without change, Laws, 2000, ch. 547, § 4.] § 43-14-9. [Laws, 1993, ch. 388, § 6; Laws, 1996, ch. 476, § 5; Laws, 1998, ch. 383, § 5; Laws, 2000, ch. 547, § 5.]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-1 - Title of article

This article may be cited as the "Administration of Child Welfare Law."
Codes, 1942, § 7170-06; Laws, 1946, ch. 419, § 6.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-5 - Administration of child welfare services

(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 local offices 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 local offices of child protection services who are not otherwise eligible for medical assistance under the Mississippi Medicaid Law. The Department of 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 local offices 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.
Codes, 1942, § 7170-01; Laws, 1938, ch. 172; Laws, 1946, ch. 419, § 1; Laws, 1978, ch. 443, § 1(1); Laws, 1982, ch. 416; Laws, 1989, ch. 493, § 13, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 34, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-7 - Local offices of child protection services authorized to provide protective services; appropriation of funds

Any local office of child protection services is 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 local office 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 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 local office of child protection services to carry out the provisions of this section.
Codes, 1942, § 7170-02; Laws, 1946, ch. 419, § 2.
Amended by Laws, 2023, ch. 516, HB 1149,§ 36, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-9 - Article inapplicable to orphans' homes, etc

None of the provisions of this article shall apply to any orphan's home, child caring agency or children's home society under the jurisdiction of and maintained by any fraternal organization, religious or fraternal denomination or nonprofit association or corporation organized and exclusively controlled by any religious denomination.
Codes, 1942, § 7170-03; Laws, 1946, ch. 419, § 3.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-11 - Expenditure of county and municipal monies for support and maintenance of homeless and destitute children

(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 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 One 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.
Codes, 1942, § 7170-21; Laws, 1958, ch. 539, §§ 1-3, eff. 5/6/1958.
Amended by Laws, 2023, ch. 516, HB 1149,§ 37, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-14 - Emergency placement of children in home care; performance of federal name-based criminal history records check of all adults residing in placement home

(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.
Amended by Laws, 2018, ch. 336, HB 801,§ 1, eff. 7/1/2018.
Added by Laws, 2017, ch. 395, HB 652, 3, eff. 3/27/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-15 - Registry of children in custody of Department of Child Protection Services and public or private agencies

The Department of Child Protection Services shall maintain a registry of children whose custody lies with them and private or public agencies licensed by the department. The 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.
Laws, 1978, ch. 443, § 1(4), eff. 3/28/1978.
Amended by Laws, 2023, ch. 516, HB 1149,§ 38, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-17 - Payments for supportive services; relative care payments

(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 by the state or county departments of human services, the department 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 state or county departments of human 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.
Laws, 1978, ch. 443, § 1(5); Laws, 1998, ch. 516, § 4; Laws, 2007, ch. 480, § 1; Laws, 2008, ch. 538, § 2, eff. 7/1/2008.
Amended by Laws, 2017, ch. 427, SB 2680, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-19 - Adoption resource exchange registry

(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 county offices of child protection services and 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. To be placed in the registry, they shall be required to give written authority to the Department of Child Protection Services.
Laws, 1978, ch. 443, § 1(6)(7), eff. 3/28/1978.
Amended by Laws, 2023, ch. 516, HB 1149,§ 39, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-21 - Penalty for releasing confidential information

Anyone violating or releasing information of a confidential nature without the approval of the court with jurisdiction or the 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.
Laws, 1978, ch. 443, § 1(8), eff. 3/28/1978.
Amended by Laws, 2023, ch. 516, HB 1149,§ 40, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-23 - "Placing Out"; defined

(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.
Laws, 1986, ch. 456, eff. 7/1/1986.
Amended by Laws, 2023, ch. 516, HB 1149,§ 41, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 1 - ADMINISTRATION OF CHILD WELFARE (§§ 43-15-1 — 43-15-25) › Section 43-15-25 - Elected officials as foster parents; payments on behalf of foster child

An elected official shall not be precluded from serving as a foster parent under Chapter 516, Laws of 1998, and any payments on behalf of or for the benefit of a foster child shall not be considered a contract of interest or compensation or financial income to the elected official in violation of Section 109 of the Mississippi Constitution or any related statutes.
Laws, 1998, ch. 516, § 21, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-101 - Purpose

The purpose of this article is to protect the health, safety and well-being of all children in the state who are cared for by family foster homes, residential child-caring agencies and child-placing agencies by providing for the establishment of licensing requirements for such homes and agencies and providing procedures to determine adherence to these requirements.
Laws, 2000, ch. 379, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-105 - Department of Child Protection Services to be licensing authority; duties

(1)
The Department of Child Protection Services shall be the licensing authority under this article, 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.
Laws, 2000, ch. 379, § 3, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 43, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-107 - Licensure requirements

(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 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 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.
Laws, 2000, ch. 379, § 4; Laws, 2007, ch. 496, § 1, eff. 7/1/2007.
Amended by Laws, 2023, ch. 516, HB 1149,§ 44, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-109 - Information on application for license; information received through reports, complaints, investigations and inspections classified as "public."

(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 office 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.
Laws, 2000, ch. 379, § 5, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 45, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-111 - Exemptions from licensure requirements

The provisions of this article do not apply to:
(a)
A facility or program owned or operated by an agency of the State of Mississippi or United States government;
(b)
A facility or program operated by or under an exclusive contract with the Department of Corrections;
(c)
Schools and educational programs and facilities, the primary purpose of which is to provide a regular course of study necessary for advancement to a higher educational level or completion of a prescribed course of study, and which may, incident to such educational purposes, provide boarding facilities to the students of such programs.
(d)
Any residential child-caring agency and/or child-placing agency operated or conducted under the auspices of a religious institution and meeting the requirements or conditions of this section shall be exempt from the licensure requirements of this article under the following conditions:
(i)
such religious institution must have a tax-exempt status as a nonprofit religious institution in accordance with Section 501(c) of the Internal Revenue Code of 1954, as amended, or the real property owned and exclusively occupied by the religious institution must be exempt from location taxation, and
(ii)
the agency or institution must be in compliance with the requirements of the Child Residential Home Notification Act, Section
43-16-1
et seq., Mississippi Code of 1972, and must not be in violation of Section
43-16-21(c)
regarding the abuse and/or neglect of any child served by such home who has been adjudicated by the youth court as an abused and/or neglected child. Nothing in this paragraph shall prohibit a residential child-caring agency or child-placing agency operated by or conducted under the auspices of a religious institution from obtaining a license pursuant to this article.
(e)
Placement of custody under a power of attorney executed under Section
93-31-1
et seq.
Laws, 2000, ch. 379, § 6, eff. 7/1/2000.
Amended by Laws, 2016, ch. 501, SB 2493, 5, eff. 7/1/2016.
Amended by Laws, 2016, ch. 494, SB 2179, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-113 - Reinstatement of license following revocation

(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.
Laws, 2000, ch. 379, § 7, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 46, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-115 - Inspections of facilities

(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.
Laws, 2000, ch. 379, § 8, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 47, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-119 - Disciplinary proceedings

(1)
If the department finds that a violation has occurred under this article or the rules and regulations of the department, 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.
Laws, 2000, ch. 379, § 10, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 49, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-121 - Injunctions

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.
Laws, 2000, ch. 379, § 11; Laws, 2012, ch. 546, § 17, eff. 7/1/2012.
Amended by Laws, 2023, ch. 516, HB 1149,§ 50, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-123 - Criminal penalties

Any person, agency, association, corporation, institution, society or other organization violating the provisions of this article 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.
Laws, 2000, ch. 379, § 12, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 3 - LICENSING OF FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING AGENCIES (§§ 43-15-101 — 43-15-125) › Section 43-15-125 - Immunity for department and its employees

The department 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.
Laws, 2000, ch. 379, § 13, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 51, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 5 - BABY DROP-OFF LAW (§§ 43-15-201 — 43-15-211) › Section 43-15-203 - Notification to Department of Child Protection Services that provider has taken possession of abandoned child; department to assume care, control, and custody of child upon receipt of notification; determination that infant is a missing child

(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.
(3)
(a)
Immediately after assuming legal custody of the infant, the department shall contact the local law enforcement agency in the municipality or county in which the infant was surrendered and the Department of Public Safety to determine whether the infant is a missing child in this state or another state. If the department determines that the infant is a missing child, then the department shall perform its due diligence to reunite the infant with his or her family.
(b)
A law enforcement agency that is contacted under the provisions of this subsection shall investigate whether the child is reported as missing.
(c)
For purposes of this subsection (3), the term "missing child" means person under the age of eighteen (18) reported to police or by police as someone whose whereabouts are unknown for any reason.
Laws, 2001, ch. 484, § 2, eff. 7/1/2001.
Amended by Laws, 2023, ch. 516, HB 1149,§ 53, eff. 7/1/2023.
Amended by Laws, 2023, ch. 518, HB 1318,§ 2, eff. 4/19/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 5 - BABY DROP-OFF LAW (§§ 43-15-201 — 43-15-211) › Section 43-15-205 - Affirmative defense to crime of child abandonment

It shall be an absolute affirmative defense to prosecution under Sections
97-5-1
,
97-5-3
and
97-5-39
if the parent or a person designated by the parent voluntarily delivers the child unharmed to an emergency medical services provider pursuant to this article.
Laws, 2001, ch. 484, § 3; Laws, 2002, ch. 597, § 1, eff. 4/11/2002.
Amended by Laws, 2023, ch. 518, HB 1318,§ 3, eff. 4/19/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 5 - BABY DROP-OFF LAW (§§ 43-15-201 — 43-15-211) › Section 43-15-207 - Definition of "emergency medical services provider."

For the purposes of this article, the following words shall have the meanings described herein:
(a)
"Emergency medical services provider" means a licensed hospital, as defined in Section
41-9-3
, which operates an emergency department, an adoption agency duly licensed by the Department of Child Protection Services, any county or municipality that sponsors a baby safety device that meets the requirements of this article, state or local law enforcement agency or fire station or mobile ambulance staffed with full-time firefighters, emergency medical technicians or paramedics. 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.
(b)
"Surrender" or "Surrenders" means the action of a parent in leaving an infant on the premises of an emergency medical services provider, with a facility employee or member of the professional medical community at the facility, or in a newborn safety device, without expressing an intention to return for the infant.
Laws, 2001, ch. 484, § 4, eff. 7/1/2001.
Amended by Laws, 2023, ch. 516, HB 1149,§ 54, eff. 7/1/2023.
Amended by Laws, 2023, ch. 518, HB 1318,§ 4, eff. 4/19/2023.
Amended by Laws, 2020, ch. 389, HB 96,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 5 - BABY DROP-OFF LAW (§§ 43-15-201 — 43-15-211) › Section 43-15-209 - Immunity from liability

A person, entity, county or municipality taking possession of a child under the provisions of this article shall be immune from liability for any civil action arising out of any act or omission resulting from taking possession of the child unless the act or omission was the result of the person's or entity's gross negligence or willful misconduct or failure to meet any other requirements of this article.
Laws, 2001, ch. 484, § 5, eff. 7/1/2001.
Amended by Laws, 2023, ch. 518, HB 1318,§ 5, eff. 4/19/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 5 - BABY DROP-OFF LAW (§§ 43-15-201 — 43-15-211) › Section 43-15-211 - Required signage to be posted at the site of a baby safety device

(1)
Any emergency services provider that installs a baby safety device shall post signage that is approved by the Department of Child Protection Services at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the surrendering parent to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall also clearly indicate all of the following:
(a)
The maximum age of an infant who may be relinquished in accordance with this chapter.
(b)
That the infant must not have been previously subjected to abuse or neglect.
(c)
That by placing an infant in the newborn safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.
Added by Laws, 2023, ch. 518, HB 1318,§ 6, eff. 4/19/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 7 - RESTRICTIONS ON EMPLOYMENT BY OR OPERATION OF CHILD CARE FACILITIES BY REGISTERED SEX OFFENDERS (§§ 43-15-301 — 43-15-307) › Section 43-15-301 - Definitions

As used in this article, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a)
(i)
"Child care service" means any school, business or volunteer service that is:
1.
Licensed by the state to perform child care; or
2.
Involves the care, instruction or guidance of minor children where a fee is charged for the care, instruction, guidance or participation of a child in the program or activity offered by the school, business or service; or
(ii)
Any public school.
(b)
"Child care service employer" means every person, firm, association, partnership, or corporation offering or conducting a child care service.
(c)
"Applicant" means any person who is being considered for employment or as a volunteer by a child care service employer.
(d)
"Convicted" means an adjudication of guilt or a plea of nolo contendere.
(e)
"Sex offense" shall have the meaning ascribed in Section
45-33-23
.
Laws, 2005, ch. 450, § 1, eff. 7/1/2005.