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 43-15-3 - Powers and duties of Department of Human Services and Department of Child Protection Services; appeal to Commissioner of Child Protection Services for denial of foster care and/or adoption assistance

The Department of Human Services and the Department of Child Protection Services are 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. Those departments are further authorized, empowered and directed to cooperate with the United States Children's Bureau and Secretary of Labor in developing plans for those "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 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 funds shall be expended by the Department of Human Services and 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 those laws.
The Department of Human Services or the Department of Child Protection Services shall issue all checks on the "child welfare services" fund to persons entitled to payment from the fund. All such sums shall be drawn upon the "child welfare services" fund upon requisition of the Director of the Department of Human Services or the Commissioner 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 Human Services or 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 Child Protection Services in the manner and form prescribed by the Department of Child Protection Services. The Commissioner of Child Protection Services shall, upon receipt of such an appeal, give the claimant reasonable notice and opportunity for a fair hearing. The Commissioner of Child Protection 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 Commissioner of Child Protection Services shall be final and binding.
Codes, 1942, § 7169; Laws, 1936, 1st Ex Sess, ch. 12.; Laws, 2000, ch. 380, § 1, eff. 7/1/2000.
Amended by Laws, 2023, ch. 516, HB 1149,§ 33, eff. 7/1/2023.