reglab/statecodes huggingface dataset:
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 43-15-303 - Operators of child care service prohibited from employing registered sex offenders; penalties for violations

(1)
A child care service employer offering or conducting a child care service:
(a)
Shall not employ or permit to volunteer an applicant who is listed on the sex offender registry as a sex offender under Section
45-33-25
; and
(b)
Shall not knowingly employ or permit to volunteer an applicant who has been convicted of a sex offense, who has been adjudicated not guilty of a sex offense by reason of insanity; or who has been adjudicated physically or mentally incompetent.
(2)
(a)
A child care service employer who violates this section is guilty of a misdemeanor, and upon conviction shall be fined not more than Twenty-five Thousand Dollars ($25,000.00), imprisoned for a period not to exceed six (6) months, or both.
(b)
An employer who obtains an official report from the Mississippi Justice Information Center that the applicant is not registered as a sex offender shall not be guilty of a violation of this section, absent the employer's actual knowledge that the applicant is a sex offender.
Laws, 2005, ch. 450, § 2, eff. 7/1/2005.
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 43-15-305 - Registered sex offenders prohibited from owning or operating child care services; penalties for violations

A person required to register as a sex offender under Section
45-33-25
may not own or operate a child care service. Any person who is required to register as a sex offender under Section
45-33-25
who knowingly owns or operates a child care service is guilty of a felony, and upon conviction shall be imprisoned in the custody of the Department of Corrections for a period not to exceed five (5) years.
Laws, 2005, ch. 450, § 3, eff. 1/1/2006.
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 43-15-307 - Registered sex offenders prohibited from working for or volunteering at child care services; penalties for violations

(1)
A person required to register as a sex offender under Section
45-33-25
may not be employed by or volunteer at a child care service. Any person who is required to register as a sex offender under Section
45-33-25
who knowingly undertakes employment or volunteer service with a child care service is guilty of a felony, and upon conviction shall be imprisoned in the custody of the Department of Corrections for a period not to exceed five (5) years.
(2)
Any person who knowingly fails to inform a child care service employer of a prior conviction of a sex offense when applying or volunteering for any child care service, or who applies for employment or as a volunteer for any child care service, knowing that the person is required to register as a sex offender under Section
45-33-25
, shall be guilty of a felony, and upon conviction shall be imprisoned in the custody of the Department of Corrections for a period not to exceed five (5) years.
Laws, 2005, ch. 450, § 4, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-1 - Title

This chapter may be cited as the "Child Residential Home Notification Act."
Laws, 1989, ch. 493, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-3 - Definitions

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.
Laws, 1989, ch. 493, § 2, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 55, eff. 7/1/2023.
Amended by Laws, 2016, ch. 501, SB 2493, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-5 - State Department of Health to discharge provisions of chapter; notification agency

The State Department of Health shall be the notification agency for all child residential homes, and the department shall discharge as additional duties and responsibilities the provisions of this chapter.
Laws, 1989, ch. 493, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-7 - Operators of home to give notice of operation

The operator of any child residential home shall provide notification in accordance with this chapter within sixty (60) days of beginning operation.
Laws, 1989, ch. 493, § 4, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 56, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-9 - Person required to file notification; contents of notification

Such notification shall be filed by the executive director of the child residential home to the department upon forms provided by the department and shall contain the following information:
(a)
Name, street address, mailing address and phone number of the home.
(b)
Name of the executive director and all staff members of the home.
(c)
Name and description of the agency or organization operating the home, which shall include a statement as to whether or not the agency or organization is incorporated.
(d)
Name and address of the sponsoring organization of the home, if applicable.
(e)
The names of all children living at the home which shall include the following personal data:
(i)
Full name and a copy of the child's birth certificate;
(ii)
Name and address of parent(s) or guardian(s); and
(iii)
Name and address of other nearest relative.
(f)
School(s) attended by the children served by such home.
(g)
Fire department or State Fire Marshal inspection certificate.
(h)
Local health department inspection certificate.
(i)
Proof, to be shown by the sworn affidavit of the executive director of the home, that the home has performed (i) criminal record background checks, and (ii) felony conviction record information checks on all employees, prospective employees, volunteers and prospective volunteers at such home, and that such records are maintained to the extent permitted by law, for every such employee, prospective employee, volunteer and prospective volunteer.
(j)
Proof, to be shown by the sworn affidavit of the executive director of the home, that medical records are maintained for each child.
Laws, 1989, ch. 493, § 5; Laws, 1999, ch. 328, § 1; Laws, 2000, ch. 499, § 25, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-11 - Acknowledgement of notification; fire and health inspections of home; chancery or youth court to receive copy of notification

(1)
Acknowledgement of notification shall be issued by the department upon the filing of a properly completed notification form accompanied by (a) a certificate of inspection and approval by the fire department of the municipality or other political subdivision in which the home is located, and (b) a certificate of inspection and approval by the health department of the county in which the home is located.
(2)
If no fire department exists where the home is located, the State Fire Marshal shall certify as to the inspection for safety from fire hazards. The State Fire Marshal shall establish standards for safety from fire hazards at child residential homes.
(3)
Upon notification by a child residential home, the department shall provide copies of the notification form to the chancery court or the youth court, as appropriate, of the county in which the home is located.
Laws, 1989, ch. 493, § 6, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-13 - Monthly reports

Each child residential home shall file monthly reports with the department, on forms provided by the department. Said monthly report shall indicate any changes in the notification information originally provided in accordance with Section
43-16-9
which have occurred, if any. The department shall provide copies of this monthly report to the youth court of the county in which the home is located.
Laws, 1989, ch. 493, § 7, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-15 - Annual inspections of homes; inspectors

The department once a year shall make or cause to be made inspections limited to health, nutrition, cleanliness, sanitation, written medical records for children, discipline policy, family communication policy and required criminal checks of all child residential homes. Reasonable additional inspections may be made as often as may be deemed necessary by the department, but shall not be scheduled so as to disrupt the normal activities of the home. Department inspectors shall be persons knowledgeable with the state's child abuse and neglect laws, child labor laws and compulsory education laws. The State Fire Marshal, or his designee, shall make or cause to be made annual inspections limited to the safety of all child residential homes. Any violation of state law on the premises of such child residential home shall immediately be reported by such inspection personnel to the appropriate law enforcement officer.
Laws, 1989, ch. 493, § 8; Laws, 1999, ch. 328, § 2, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-17 - Written discipline and family communication policies required

Every child residential home shall have a written discipline policy and written family communication policy which shall be approved in writing, if possible, by the parent(s) or guardian(s) of the children residing at such home, and shall be made available to authorized inspection personnel upon request.
Laws, 1989, ch. 493, § 9, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-19 - Enforcement of notification requirements

Whenever the department is advised or has reason to believe that any child residential home is operating without proper notification in accordance with this chapter, it shall request a meeting with the governing board and executive director of such home to ascertain the fact. If the department finds that such home is providing supervision, care, lodging or maintenance for any children without such notification, it shall give the executive director of the home written notice by certified mail that such person shall file notification in accordance with this chapter within sixty (60) days after receipt of such notice or the department may request a court injunction as provided in Section
43-16-21
.
Laws, 1989, ch. 493, § 10, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-21 - Court action for injunction or restraining order against home; grounds

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 Human 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
.
Laws, 1989, ch. 493, § 11; Laws, 1999, ch. 328, § 3; Laws, 2012, ch. 546, § 18, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-23 - Regulation of content of program of religious affiliated home prohibited

Nothing in this chapter shall give any governmental agency jurisdiction or authority to regulate or attempt to regulate, control or influence the form, manner or content of the religious curriculum, program or ministry of a school or of a facility sponsored by a church or religious organization.
Laws, 1989, ch. 493, § 12, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 16 - CHILD RESIDENTIAL HOME NOTIFICATION ACT (§§ 43-16-1 — 43-16-25) › Section 43-16-25 - Licensure fees for child residential homes

A license issued under the provisions of this chapter shall be renewed annually upon payment of a renewal fee not to exceed One Hundred Dollars ($100.00), and upon filing by the licensee of an annual report upon such uniform dates and upon forms provided by the licensing agency, accompanied by a current certificate of inspection and approval by the fire department and the county health department specified in Section
43-16-11
.
Any increase in the fee charged by the board under this section shall be in accordance with the provisions of Section
41-3-65
.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
Laws, 2000, ch. 365, § 1, eff. 7/1/2000.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 32, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 32, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-3 - Definitions

As used in this chapter:
(a)
"State Department" means the State Department of Human Services.
(b)
"County department" means the county department of human services and the county director of human services of each of the several counties in this state.
(c)
"Dependent child" means a needy child under the age of eighteen (18), who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, or the unemployment of the parent who is the principal earner, and who is living with his caretaker relative, in a place of residence maintained by one or more of such relatives as his or their own home, or who is placed in foster care pursuant to an order of a court of competent jurisdiction.
(d)
"Caretaker relative" means a person who is providing care to a child qualified for and receiving assistance and who is the child's father, mother, grandfather, grandmother, brother, sister, uncle, aunt or any blood relative, including those of half-blood, and including first cousins or first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by the prefix of grand, great, or great-great, including great-great-great-grandparents, stepfather, stepmother, stepbrother and stepsister, persons who legally adopt a child or his parent, as well as the natural and other legally adopted children of such persons, and spouses of any persons named in the above groups. For the purposes of this chapter, all such relatives shall qualify as such whether the relationship be acquired by birth or adoption, and neither divorce nor death shall terminate any such relationship.
(e)
"Assistance" means payment, including vendor or "in kind" payment to a TANF recipient, with respect to a dependent child or children paid to caretaker relatives or to other approved persons, agencies, associations, corporations or institutions providing medical or foster care, maintenance, work or training programs as authorized by the federal Social Security Act, as amended, to strengthen family life through services to children, foster care for children, work programs and services aimed at restoring individuals to independence and self-support; administrative costs, physical examinations, day care or child care arrangements essential to work programs.
(f)
"Child's budget" means that mathematical computation used by county human service departments by which the Mississippi Standard of Need is compared to the income and resources of a family unit to determine the amount, if any, of assistance to which each family unit may be entitled, with full consideration given to the number of members in a family unit.
Codes, 1942, § 7172; Laws, 1940, ch. 294; Laws, 1948, ch. 410, § 1; Laws, 1958, ch. 534, § 2; Laws, 1962, ch. 559, § 1; Laws, 1968, ch. 562, § 1; Laws, 1983, ch. 504, § 5; Laws, 1985, ch. 383, § 2; Laws, 1990, ch. 356, § 2; Laws, 1997, ch. 316, § 2, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-9 - Duties of county departments

The county departments shall:
(a)
Administer the provisions of this chapter relating to the TANF program in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of this chapter;
(b)
Report to the state department at such times and in such manner and form as the state department may from time to time direct.
Codes, 1942, § 7175; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 5, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-11 - Application for assistance

Application for TANF assistance under this chapter shall be made to the county department of the county in which the dependent child resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall be made by the person with whom the child is living and shall contain information as to the age and residence of the child and such other information as may be required by the rules and regulations of the state department. One (1) application may be made for several children of the same family if they reside with the same person.
Codes, 1942, § 7176; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 6, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-13 - Investigation of applications

Whenever a county department receives a notification of the dependency of a child or an application for TANF assistance, an investigation and record shall promptly be made of the circumstances in order to ascertain the dependency of the child and the facts supporting the application and in order to obtain such other information as may be required by the rules of the state department.
The investigation may include a visit to the home of the child and/or the person with whom the child will live during the time TANF assistance is granted.
Codes, 1942, § 7177; Laws, 1940, ch. 294; Laws, 1987, ch. 326, § 1; Laws, 1997, ch. 316, § 7, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-15 - Granting of assistance

Upon the completion of such investigation the county department shall decide whether the child is eligible for TANF assistance under the provisions of this chapter, and determine in accordance with the rules and regulations of the state department the amount of such assistance and the date on which such assistance shall begin. The county department shall notify the applicant of its decision.
Codes, 1942, § 7178; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 8, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-17 - Appeal to the State Department of Human Services

If an application is not acted upon by the county department within a reasonable time, not to exceed thirty (30) days, after the filing of the application, or is denied in whole or in part, or if any award of TANF assistance is modified or cancelled under any provision of this chapter, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department. The state department shall, upon receipt of such an appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing. The state department may also, upon its own motion, review any decision of a county department, and may consider any application upon which a decision has not been made by the county department within a reasonable time. The state department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of TANF assistance and the amount of assistance to be granted as in its opinion is justified and in conformity with the provisions of this chapter. Applicants or recipients affected by such decisions of the state department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the state department.
All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county department.
Codes, 1942, § 7179; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 9, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-19 - Periodic reconsideration and changes in amount of assistance

All TANF assistance grants made under this chapter shall be reconsidered by the county department as frequently as may be required by the rules of the state department. After such further investigation as the county department may deem necessary or the state department may require, the amount of TANF assistance may be changed or TANF assistance may be entirely withdrawn if the state or county department finds that the child's circumstances have altered sufficiently to warrant such action.
Codes, 1942, § 7180; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 10, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-21 - Removal to another county

Any child qualified for and receiving TANF assistance pursuant to the provisions of this chapter in any county in this state who moves or is taken to another county in this state shall be entitled to receive TANF assistance in the county to which he has moved or is taken and the county department of the county from which he has moved shall transfer all necessary records relating to the child to the county department of the county to which he has moved.
Codes, 1942, § 7181; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 11, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-23 - Receipt and disposition of federal and other funds and manner of disbursing same

Federal and other funds shall be received, disposed of and disbursed in the same manner as is provided for the handling of funds as is provided in Sections
43-9-33
through
43-9-37
.
Codes, 1942, § 7182; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 12, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-25 - Fraudulent acts; penalties

Whoever obtains, or attempts to obtain, or aids or abets any child to obtain by means of a willfully false statement or representation, or by impersonation or other fraudulent device:
(1)
TANF assistance to which the child is not entitled; or
(2)
TANF assistance greater than that to which he is justly entitled,
shall be subject to the criminal penalties prescribed in Section
97-19-71
; or shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Twenty-five Hundred Dollars ($2500.00) or be imprisoned for not more than twelve (12) months, or both, in the discretion of the court.
Codes, 1942, § 7183; Laws, 1940, ch. 294; Laws, 1997, ch. 316, § 13; Laws, 1998, ch. 324, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-27 - and 43-17-29 - [Repealed]

Repealed by Laws, 1981, ch. 350, § 1, eff. 7/1/1981.
§ 43-17-27. [Laws, 1962, ch. 560, §§ 4, 5] § 43-17-29. [Laws, 1952, ch. 387, §§ 1, 2; Laws, 1958, ch. 535]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-31 - [Repealed]

Repealed by Laws, 1997, ch. 316, § 27, eff. 3/12/1997.
Laws, 1990, ch. 356, § 1.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-33 - Entrepreneurial development; funding

The Department of Human Services shall seek federal funds for entrepreneurial development so that recipients of Temporary Assistance for Needy Families (TANF) benefits can create jobs and provide incentives for TANF recipients in their efforts to attain self-sufficiency and independence. The TANF Implementation Council shall identify opportunities for entrepreneurial development for TANF recipients. In carrying out this program, the department shall work in conjunction with public, community and private sector entities including businesses, banks, and other institutions to develop strategies that provide training, technical assistance, planning, and research to TANF recipients in their efforts to own their own businesses. The TANF recipient must be enrolled in an allowable work activity to be considered for eligibility for the funds under this section.
Laws, 1997, ch. 316, § 25, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-37 - [Repealed]

Repealed by its own terms by Laws, 2003, ch. 481, § 1, eff. 12/31/2005.
Laws, 1999, ch. 559, § 1; Laws, 2000, ch. 406, § 1; Laws, 2003, ch. 481, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 17 - TEMPORARY ASSISTANCE TO NEEDY FAMILIES (§§ 43-17-1 — 43-17-39) › Section 43-17-39 - [Repealed]

Repealed by its own terms eff.7/1/2006.
Laws, 2005, ch. 500, § 1, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-3 - "Appropriate public authorities" defined; powers of Department of Child Protection Services or, with approval, department regional or local offices

The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, means the Department of Child Protection Services, or with the approval of the Commissioner of Child Protection Services, any regional or local office of the Department of Child Protection Services shall be authorized to receive and act with reference to notices required by Article III.
Laws, 1976, ch. 428, § 3, eff. 5/6/1976.
Amended by Laws, 2023, ch. 516, HB 1149,§ 57, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-5 - "Appropriate authority in the receiving state" defined

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, or with the approval of the Commissioner of Child Protection Services, any regional or local office of the department.
Laws, 1976, ch. 428, § 4, eff. 5/6/1976.
Amended by Laws, 2023, ch. 516, HB 1149,§ 58, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-7 - "Executive head" defined; appointment of compact administrator

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor of the State of Mississippi. The Governor of the State of Mississippi is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII.
Laws, 1976, ch. 428, § 9, eff. 5/6/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-9 - Financial responsibility for placed children

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of any other state laws fixing responsibility for the support of children also may be invoked.
Laws, 1976, ch. 428, § 2, eff. 5/6/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-11 - Agreements for performance of services

The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state, or subdivision or agency thereof, shall not be binding unless it has the approval in writing of the state department or agency with funds for that purpose or with the approval of the county department or agency with funds for that purpose.
Laws, 1976, ch. 428, § 5, eff. 5/6/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-13 - Compliance with requirements for visitation, inspection or supervision of children, homes and the like in another party state

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under any statutes or court decisions of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children.
Laws, 1976, ch. 428, § 6, eff. 5/6/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-15 - Statutory provisions restricting out-of-state placement of children not applicable to placements under compact

The provisions of state laws restricting out-of-state placement of children shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.
Laws, 1976, ch. 428, § 7, eff. 5/6/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 18 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (§§ 43-18-1 — 43-18-17) › Section 43-18-17 - Placement by courts of delinquent children

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
Laws, 1976, ch 428, § 8, eff. 5/6/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › IN GENERAL [Repealed] (§ 43-19-1) › Section 43-19-1 - through 43-19-7 - [Repealed]

Repealed by Laws, 1981, ch. 350, § 1, eff. 7/1/1981.
Laws, 1960, ch. 560, §§ 1-5.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › CHILD SUPPORT UNIT (§§ 43-19-31 — 43-19-61) › Section 43-19-37 - Court orders of support to direct payment of support, attorney's fees and court costs to child support unit and not recipient

(1)
Court orders of support in all cases brought under the provisions of Sections
43-19-31
through
43-19-53
shall specify that the payment of court costs shall be directed by the absent parent to the Mississippi Department of Human Services Central Receipting and Disbursement Unit for further disbursement in the manner as prescribed by Title IV-D of the federal Social Security Act. The court shall assess attorney's fees to recover the costs associated with preparing and prosecuting the case, which shall be paid directly to the Mississippi Department of Human Services solely for the support of the legal division of the Child Support Unit, in a manner separate and distinct from the payment of child support. The court may allow the defendant to pay the attorney's fee over a period not to exceed four (4) months. The state portion of attorney's fees paid into the department shall be used to match federal funds for the support of the legal division of the Child Support Unit, in conjunction with the Office of Attorney General. Any payments made by the absent parent directly to the recipient or applicant in violation of the court order shall not be deemed to be a support payment or an attorney's fee and shall not be credited to the court-ordered obligation of said absent parent or to the court-ordered obligation for the payment of the attorney's fee. Failure of the absent parent to comply with an order of support or for payment of an attorney's fee for a period of thirty (30) days shall be directed to the court having jurisdiction of the matter for contempt proceedings or execution issued in the manner and form prescribed by statute. Should civil proceedings become ineffective in producing support or attorney's fees in any case involving a legitimate child or a child wherein paternity has been established by law or acknowledged in writing, the case shall promptly be referred to the district attorney for prosecution as a violation of Section
97-5-3
.
(2)
Each application, petition, order or filing made under this section shall include the social security number(s) of the applicant or father, mother and child(ren), as applicable, in accordance with Section
93-11-64
, Mississippi Code of 1972.
Laws, 1976, ch. 483, § 4; Laws, 1983, ch. 393, § 4; Laws, 1989, ch. 440, § 2; Laws, 1997, ch. 588, § 3; Laws, 2003, ch. 514, § 3, eff. 4/19/2003.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › CHILD SUPPORT UNIT (§§ 43-19-31 — 43-19-61) › Section 43-19-39 - Distribution of child support payments; suits by child support unit; citation of noncooperating recipient parent; withholding payments for reimbursement of erroneous past payments

(1)
All child support payments collected by the child support unit pursuant to Section
43-19-35
shall be distributed in the manner as prescribed by the federal Social Security Act and any amendments adopted thereto. Nothing contained herein shall preclude the child support unit in processing a paternity or support action for and on behalf of a child or children receiving aid to dependent children grants wherein the applicant or recipient has refused cooperation. If a parent of any child receiving public assistance fails or refuses to cooperate with the local county department or child support unit in locating and securing support from the nonsupporting responsible parent, this parent may be cited to appear before the judge of any court having jurisdiction over such matter and compelled to disclose such information under oath. Any parent who, having been cited to appear before a judge of the court having jurisdiction over such matter, fails or refuses to appear or fails or refuses to provide the information requested may be found to be in contempt of said court and may be fined not more than One Hundred Dollars ($100.00) or imprisoned not more than six (6) months or both.
(2)
In a manner which is consistent with the federal Social Security Act, any amendments thereto and its implementing regulations, the child support unit is hereby authorized to withhold from distribution any payment or portion thereof which it may receive on behalf of a child or children for whom it is providing services if reimbursement is needed for any payments which may have been mistakenly or erroneously advanced on behalf of that child or children. The child support unit shall adopt policies that minimize any hardship that is caused by withholding from distribution any current support payments to reimburse past mistaken or erroneous advancements.
Laws, 1976, ch. 483, § 5; Laws, 1996, ch. 498, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › CHILD SUPPORT UNIT (§§ 43-19-31 — 43-19-61) › Section 43-19-41 - Effect of applicant's or recipient's refusal to assist in finding absent parent or in securing support or establishing paternity

Any applicant or recipient who refuses to provide reasonable assistance to the local county department or to the child support unit established by the state department of public welfare in identifying and locating the absent parent of a dependent child or otherwise refuses to cooperate with the department in securing support or in establishing paternity shall be ineligible for aid to dependent children, shall not be considered a needy relative and shall not be entitled to receive or use any part of the aid in grant nor shall be eligible for medical assistance under the Mississippi Medical Assistance Act; provided, however, that aid for the support of the child of such applicant or recipient shall not be denied or terminated as a result of such refusal to provide assistance or cooperation, but that the department may provide aid to said child in the form of protective vendor payments.
Laws, 1976, ch. 483, § 6, eff. 7/1/1976.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › CHILD SUPPORT UNIT (§§ 43-19-31 — 43-19-61) › Section 43-19-43 - Husband-wife privilege; self-incriminating testimony

The mother or father are competent to testify at the trial against the other as provided in Section
13-1-5
subject to the provisions of the Mississippi Rules of Evidence governing the husband-wife privilege. If a parent called for examination declines to answer upon the grounds that his testimony may incriminate him, the court may require him to answer, in which event he shall not thereafter be prosecuted for any criminal acts involved in the conception of the child whose paternity is in issue and/or for whom support is sought, except for perjury committed in his testimony.
Laws, 1976, ch. 483, § 7; Laws, 1991, ch. 573, § 110, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › CHILD SUPPORT UNIT (§§ 43-19-31 — 43-19-61) › Section 43-19-46 - [Repealed Effective 7/1/2027] Report by employer to Directory of New Hires

(1)
Each employer paying wages, salary or commission and doing business in Mississippi shall report to the Directory of New Hires within the Mississippi Department of Human Services:
(a)
The hiring of any person who resides or works in this state to whom the employer anticipates paying wages, salary or commission; and
(b)
The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay or was terminated from employment.
(2)
Employers shall report, by mailing or by other means authorized by the Department of Human Services, a copy of the employee's W-4 form or its equivalent that will result in timely reporting. Each employer shall submit reports within fifteen (15) days of the hiring, rehiring or return to work of the employee. The report shall contain:
(a)
The employee's name, address, social security number and the date of birth;
(b)
The employer's name, address, and federal and state withholding tax identification numbers; and
(c)
The date upon which the employee began or resumed employment, or is scheduled to begin or otherwise resume employment.
(3)
The department shall retain the information, which shall be forwarded to the federal registry of new hires.
(4)
The Department of Human Services may operate the program, may enter into a mutual agreement with the Mississippi Department of Employment Security or the Department of Revenue, or both, for the operation of the Directory of New Hires Program, or the Department of Human Services may contract for that service, in which case the department shall maintain administrative control of the program.
(5)
In cases in which an employer fails to report information, as required by this section, an administratively levied civil penalty in an amount not to exceed Five Hundred Dollars ($500.00) shall apply if the failure is the result of a conspiracy between the employer and employee to not supply the required report or to supply a false or incomplete report. The penalty shall otherwise not exceed Twenty-five Dollars ($25.00). Appeal shall be as provided in Section
43-19-58
.
Laws, 1997, ch. 588, § 4; Laws, 2004, ch. 572, § 51; Laws, 2007, ch. 336, § 1; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 51; Laws, 2011, ch. 471, § 52; Laws, 2011, ch. 530, § 9, eff. 7/1/2011.
Reenacted without change by Laws, 2023, ch. 510, SB 2810,§ 53, eff. 4/17/2023.
Amended by Laws, 2019, ch. 451, SB 2133,§ 58, eff. 4/3/2019.
Reenacted without change by Laws, 2019, ch. 451, SB 2133,§ 51, eff. 4/3/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 19 - SUPPORT OF NATURAL CHILDREN (§§ 43-19-1 — 43-19-105) › CHILD SUPPORT UNIT (§§ 43-19-31 — 43-19-61) › Section 43-19-47 - Employment by child support unit of staff attorneys

(1)
The Child Support Unit of the State Department of Human Services, in cooperation with the Attorney General, may appoint at least one (1) full-time staff attorney in or for each chancery court district for the purpose of initiating proceedings under the provisions of Sections
43-19-31
through
43-19-53
in securing child support and establishing paternity. The annual salary of each of the attorneys appointed by the Child Support Unit, in cooperation with the Attorney General's office under the provisions of Sections
43-19-31
through
43-19-53
, shall be fixed at such sums as may be deemed proper in accordance with the salaries of other full-time employed state attorneys with the Attorney General's Office. Such salaries, inclusive of all reimbursable travel and other expenses, inclusive of financial arrangements perfected with the appropriate courts, the law enforcement officials and the district attorneys, shall be paid monthly from the funds appropriated to the Child Support Unit of the State Department of Human Services and from the special fund for the Division of Child Support in which the interest from its accounts and all attorney's fees and other fees is placed. The Mississippi Personnel Board shall survey the salaries of other Mississippi attorneys with the Attorney General's Office each year and shall raise the start step of the staff and senior attorneys accordingly and the minimum shall never go below Forty Thousand Dollars ($40,000.00) for staff attorneys or Fifty Thousand Dollars ($50,000.00) for senior attorneys.
(2)
To assist in the implementation of the provisions of Sections
43-19-31
through
43-19-53
, the Executive Director of the Department of Human Services is empowered to enter into cooperative agreements with district attorneys, county attorneys and attorneys employed by the county boards of supervisors, in conjunction with the Office of Attorney General. Said cooperative agreements shall be made in compliance with the regulations established by the Secretary of the Department of Health and Human Services, and may be funded either by funds appropriated to the Child Support Unit of the State Department of Human Services or funds appropriated by any county board of supervisors in this state for their respective county. Attorneys may be hired contractually to be paid in amounts commensurate with the department's staff attorneys.
Laws, 1976, ch. 483, § 9; Laws, 1983, ch. 393, § 5; Laws, 2003, ch. 514, § 4, eff. 4/19/2003.