reglab/statecodes huggingface dataset:
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 43-19-49 - Employment by child support unit of investigative, technical, secretarial and supportive staff

There is hereby authorized to be employed by the child support unit of the state department of public welfare such other, investigative, technical, secretarial and supportive staff as may be necessary for the proper and necessary implementation of the requirements of Public Law 93-647, 93rd Congress, and any amendments adopted thereto applicable to said program as provided under Sections
43-19-31
through
43-19-53
; said positions shall be subject to the merit system's rules and regulations and their salaries shall be fixed in such amounts as the state department of public welfare may deem proper.
Laws, 1976, ch. 483, § 10, 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 43-19-51 - Duties, powers and functions of Attorney General's office, district attorneys and county attorneys unaffected

Nothing contained in Sections
43-19-31
through
43-19-53
shall be construed as relieving or diminishing any of the duties, powers and functions of the Attorney General's office, district attorneys or county attorneys under the statutes of this state relating to the collection of any judgment or debt in favor of the state or the enforcement of the criminal laws under Sections
43-19-31
through
43-19-53
or any other provisions of state law.
Laws, 1976, ch. 483, § 11, 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 43-19-53 - Annual report

Not later than sixty (60) days after the first day of January of each year, the state department of public welfare shall cause to be published for the preceding calendar year a detailed report showing the total number of cases in the aid to dependent children program reported on the basis of fraud or suspected fraud, the total number investigated, prosecuted and disposed of civilly and/or criminally in each county of the state and the total number of support and paternity cases reported, investigated, continued, prosecuted civilly, and the total amount of support collected.
Laws, 1976, ch. 483, § 12, 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 43-19-55 - Authorization to manage bank accounts for funds received as incentives from federal government and as income tax offsets

The State Department of Human Services shall be authorized in maintaining separate accounts with Mississippi banks to handle funds received as incentives from the federal government earned as a result of collecting support and also any funds maintained on deposit as a result of federal and state income tax offsets and any other relevant account, and to aggressively manage the float in these accounts so as to accrue maximum interest advantage of the funds in the account, and to retain all earned interest on these funds to be applied to defray the expenses of the Child Support Unit.
Laws, 1987, ch. 323; Laws, 2003, ch. 514, § 5, 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 43-19-57 - Administrative subpoenas

(1)
Any administrative subpoena issued by the Department of Human Services pursuant to the provisions of Chapter 588, Laws of 1997, shall be directed to the appropriate party or entity and signed by the Director of the Department of Human Services or his designee.
(2)
A person wishing to appeal the issuance of an administrative subpoena shall have recourse to the chancery courts as for any subpoena.
Laws, 1997, ch. 588, § 147, eff. 7/1/1997.
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 43-19-58 - Appeals process for imposition of civil penalties

(1)
Persons wishing to contest the imposition of an administrative civil penalty under the provisions of Chapter 588, Laws of 1997, shall be entitled to a hearing before the Director of the Department of Human Services or his designee by so requesting within twenty (20) days after receiving notice of the imposition of the administratively imposed civil penalty. The request shall identify the civil penalty contested and legibly state the contestant's name, mailing address and home and daytime phone numbers. The date, time and place for the hearing shall be made as convenient as possible for the contestant, who shall receive notice thereof not less than seven (7) days before the hearing. A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held on the time and the place specified in the notice. The contestant may appear in person, through his attorney or, prior to the date set for the hearing, submit written testimony and other evidence, subject to the penalty for false swearing, for entry in the hearing record.
(2)
After the hearing, the director or his designee shall issue his order, which may be appealed to the chancery court of the county in which the contestant resides in the same manner as is provided by law for appeals originating from county courts.
(3)
The director or his designee may file the order assessing the penalty, or a certified copy of the order, with the clerk of any chancery court in the state after expiration of the time in which an appeal may be taken, or final determination of the matter on appeal, whereupon the order assessing the penalty shall be enrolled on the judgment roll and may be enforced in the same manner as a judgment.
Laws, 1997, ch. 588, § 148, eff. 7/1/1997.
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 43-19-59 - Child Support Unit to use high-volume automated administrative enforcement to enforce out-of-state support orders

(1)
The Department of Human Services, as the Title IV-D child support enforcement agency of this state, shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting state.
(2)
In this section, "high-volume, automated administrative enforcement" means the use of automatic data processing to search various available state data bases, including, but not limited to, license records, employment service data, and state new hire registries, to determine whether information is available regarding a parent who owes a child support obligation.
(3)
The department may, by electronic or other means, transmit to another state or receive from another state a request for assistance in enforcing support orders through high-volume, automated administrative enforcement, which request:
(a)
Shall include such information as will enable the state to which the request is transmitted to compare the information about the cases to the information in the data bases of the state receiving the request; and
(b)
Shall constitute a certification by the requesting state:
(i)
Of the amount of support under an order the payment of which is in arrears; and
(ii)
That the requesting state has complied with all procedural due process requirements applicable to each case.
(c)
If the department provides assistance to another state with respect to a case, or if another state seeks assistance from the department pursuant to this section, neither state shall consider the case to be transferred to the caseload of such other state.
Laws, 1999, ch. 512, § 19, eff. 7/1/1999.
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 43-19-61 - Child Support Prosecution Fund created; purpose; funding of expenses of legal division of Child Support Unit; deposit of user charges and fees authorized under this section into State General Fund

(1)
There is created in the State Treasury a special fund to be designated as the "Child Support Prosecution Fund." The fund shall be used by the Office of the Attorney General for the prosecution of delinquent child support cases and may also be used to draw down the sixty-six percent (66%) federal reimbursement IV-D funds for support of the Legal Division of the Child Support Unit of the Mississippi Department of Human Services.
(2)
From and after July 1, 2016, the expenses of the legal division of the Child Support Unit shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(3)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 2005, 2nd Ex Sess, ch. 1, § 3 eff. 7/1/2005.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 21, eff. 6/23/2017.
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 AWARD GUIDELINES (§§ 43-19-101 — 43-19-105) › Section 43-19-103 - Criteria for overcoming presumption that guidelines are appropriate

The rebuttable presumption as to the justness or appropriateness of an award or modification of a child support award in this state, based upon the guidelines established by Section
43-19-101
, may be overcome by a judicial or administrative body awarding or modifying the child support award by making a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined according to the following criteria:
(a)
Extraordinary medical, psychological, educational or dental expenses.
(b)
Independent income of the child.
(c)
The payment of both child support and spousal support to the obligee.
(d)
Seasonal variations in one or both parents' incomes or expenses.
(e)
The age of the child, taking into account the greater needs of older children.
(f)
Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
(g)
The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services.
(h)
Total available assets of the obligee, obligor and the child.
(i)
Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee.
(j)
Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
Laws, 1989, ch. 439, § 2; Laws, 2012, ch. 552, § 3, eff. 5/22/2012.
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 AWARD GUIDELINES (§§ 43-19-101 — 43-19-105) › Section 43-19-105 - Incarceration not to be considered voluntary unemployment or underemployment when establishing or modifying child-support order

The court may not consider incarceration as intentional or voluntary unemployment or underemployment when establishing or modifying a child-support order.
Added by Laws, 2023, ch. 486, § 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-1 - Title

This chapter shall be cited as the "Mississippi Child Care Licensing Law."
Codes, 1942, § 7129-131; Laws, 1972, ch. 528, § 1; brought forward, Laws, 1990, ch. 552, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-3 - Declaration of purpose

The purpose of this chapter is to protect and promote the health and safety of the children of this state by providing for the licensing of child care facilities as defined herein so as to assure that certain minimum standards are maintained in such facilities. This policy is predicated upon the fact that a child is not capable of protecting himself, and when his parents for any reason have relinquished his care to others, there arises the probability of exposure of that child to certain risks to his health and safety which require the offsetting statutory protection of licensing.
Codes, 1942, § 7129-132; Laws, 1972, ch. 528, § 2; Laws, 1990, ch. 552, § 2, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-7 - Advisory council

(1)
There is hereby created an advisory council which shall be appointed by the State Health Officer, who shall serve at the pleasure of the State Health Officer.
(2)
The advisory council shall consist of twelve (12) persons, six (6) of whom shall be licensed child care providers, and six (6) of whom shall represent child care professional organizations, child advocacy groups, child care associations or state agencies which provide child care funding, education or services. No more than four (4) members shall be appointed from any one (1) state Supreme Court district.
(3)
It shall be the duty of the advisory council to assist and advise the licensing agency in the development of regulations governing the licensure and regulation of child care facilities and to advise the licensing agency on matters relative to the administration and interpretation of the provisions of this chapter.
(4)
Members of the advisory council shall be reimbursed for mileage and expenses as is authorized by law.
Codes, 1942, § 7129-134; Laws, 1972, ch. 528, § 4; Laws, 1983, ch. 522, § 40; Laws, 1990, ch. 552, § 4; Laws, 2000, ch. 415, § 1; Laws, 2008, ch. 495, § 2, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-9 - License required

From and after August 1, 1972, no person acting individually or jointly with another person or persons shall establish, own, operate, conduct or maintain a child care facility in this state without a license issued under this chapter.
Codes, 1942, § 7129-135; Laws, 1972, ch. 528, § 5; brought forward, Laws, 1990, ch. 552, § 6, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-11 - Application for and issuance of license

An application for a license under this chapter shall be made to the licensing agency upon forms provided by it, and shall contain such information as the licensing agency may reasonably require. Each application for a license shall be accompanied by a license fee not to exceed Four Hundred Dollars ($400.00), which shall be paid to the licensing agency. Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section
41-3-65
. Licenses shall be granted to applicants upon the filing of properly completed application forms, accompanied by payment of the license fee, and a certificate of inspection and approval by the fire department of the municipality or other political subdivision in which the facility is located, and by a certificate of inspection and approval by the health department of the county in which the facility is located, and approval by the licensing agency; except that if no fire department exists where the facility is located, the State Fire Marshal shall certify as to the inspection for safety from fire hazards. The fire, county health department and licensing agency inspections and approvals shall be based upon regulations promulgated by the licensing agency as approved by the State Board of Health.
Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
Codes, 1942, § 7129-136; Laws, 1972, ch. 528, § 6; Laws, 1979, ch. 445, § 8; Laws, 1986, ch. 371, § 7; Laws, 1990, ch. 552, § 7; Laws, 1991, ch. 606, § 8; Laws, 2000, ch. 415, § 3; Laws, 2008, ch. 495, § 3, eff. 7/1/2008.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 34, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 34, 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 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-12 - Fees and penalties to be deposited in special fund

All fees collected by the State Board of Health under this chapter and any penalties collected by the board for violations of this chapter shall be deposited in a special fund hereby created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose.
Laws, 1983, ch. 522, § 41; brought forward, Laws, 1990, ch. 552, § 8, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-13 - Renewal of license

A license issued under the provisions of this chapter shall be renewed upon payment of a renewal fee not to exceed Four Hundred Dollars ($400.00) per year, and upon filing by the licensee of a 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
43-20-11
.
Any increase in the fee charged by the licensing agency 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.
Codes, 1942, § 7129-137; Laws, 1972, ch. 528, § 7; Laws, 1979, ch. 445, § 9; Laws, 1986, ch. 371, § 8; brought forward, Laws, 1990, ch. 552, § 9; Laws, 1991, ch. 606, § 9; Laws, 2000, ch. 415, § 4; Laws, 2008, ch. 495, § 4, eff. 7/1/2008.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 35, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 35, 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 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-14 - Denial, suspension, or revocation of license; hearing; appeal

(1)
The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2)
Before the licensing agency may deny or refuse to renew, the applicant or person named on the license shall be entitled to a hearing in order to show cause why the license should not be denied or should be renewed.
(3)
The licensing agency may suspend, revoke or restrict the license of any child-care facility upon one or more of the following grounds:
(a)
Fraud, misrepresentation or concealment of material facts;
(b)
Conviction of an operator for any crime if the licensing agency finds that the act or acts for which the operator was convicted could have a detrimental effect on children cared for by any child-care facility;
(c)
Violation of any of the provisions of this chapter or of the regulations governing the licensing and regulation of child-care facilities promulgated by the licensing agency;
(d)
Any conduct, or failure to act, that is found or determined by the licensing agency to threaten the health or safety of children at the facility;
(e)
Failure by the child-care facility to comply with the provisions of Section
43-20-8(3)
regarding background checks of caregivers; and
(f)
Information received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all operators under Section
43-20-8
.
(4)
Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by that decision of the licensing agency shall be entitled to a hearing in which the licensee may show cause why the license should not be suspended, revoked or restricted.
(5)
Any licensee who disagrees with or is aggrieved by a decision of the Mississippi State Department of Health in regard to the denial, refusal to renew, suspension, revocation or restriction of the license of the licensee, may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the Mississippi State Department of Health as to the suspension, revocation or restriction of the license of the licensee.
Laws, 1978, ch. 413, § 1; Laws, 1990, ch. 552, § 10; Laws, 2000, ch. 415, § 5; Laws, 2003, ch. 554, § 2, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-15 - Inspections

The licensing agency shall make or cause to be made inspections relative to compliance with the laws and regulations governing the licensure of child care facilities. Such inspections shall be made at least once a year but additional inspections may be made as often as deemed necessary by the licensing agency.
Codes, 1942, § 7129-138; Laws, 1972, ch. 528, § 8; Laws, 1990, ch. 552, § 11, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-17 - Information confidential; authority to release findings of investigations into allegations of abuse

Information in the possession of the licensing agency concerning the license of individual child care facilities may be disclosed to the public, except such information shall not be disclosed in such manner as to identify children or families of children cared for at a child care facility. Nothing in this section shall affect the agency's authority to release findings of investigations into allegations of abuse pursuant to either Section
43-21-353(8)
or Section
43-21-257
.
Codes, 1942, § 7129-139; Laws, 1972, ch. 528, § 9; Laws, 1990, ch. 552, § 12; Laws, 1999, ch. 329, § 4; Laws, 2000, ch. 415, § 6, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-19 - Penalty

Any person establishing, conducting, managing or operating a child care facility without a license under this chapter after August 1, 1972, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Hundred Dollars ($100.00) for the first offense, and not more than Two Hundred Dollars ($200.00) for each subsequent offense.
Codes, 1942, § 7129-141; Laws, 1972, ch. 528, § 11; brought forward, Laws, 1990, ch. 552, § 13, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › MISSISSIPPI CHILD CARE LICENSING LAW (§§ 43-20-1 — 43-20-21) › Section 43-20-21 - Injunctive relief

Notwithstanding the existence of any other remedy, the licensing agency 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 licensing agency in the proceedings, maintain an action in the name of the state for an injunction or other proper remedy against any person to restrain or prevent the establishment, conduct, management or operation of a child care facility without license under this chapter, or otherwise in violation of this chapter.
Codes, 1942, § 7129-140; Laws, 1972, ch. 528, § 10; brought forward, Laws, 1990, ch. 552, § 14; Laws, 2012, ch. 546, § 19, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › REGULATIONS FOR THE PROMOTION OF BREAST FEEDING BY MOTHERS OF CHILDREN IN CHILD CARE FACILITIES (§ 43-20-31) › Section 43-20-31 - Department of Health to promulgate regulations for child care facilities to promote breast-feeding by mothers of children being cared for in facility

The Department of Health shall promulgate regulations to ensure that licensed child care facilities shall be required to comply with the following:
(a)
Breast-feeding mothers, including employees, shall be provided a sanitary place that is not a toilet stall to breast-feed their children or express milk. This area shall provide an electrical outlet, comfortable chair, and nearby access to running water.
(b)
A refrigerator will be made available for storage of expressed breast milk following guidelines from the American Academy of Pediatrics and Centers for Disease Control in ensuring that breast milk is properly treated to avoid waste. Universal precautions are not required in handling human milk.
(c)
Staff shall be trained in the safe and proper storage and handling of human milk.
(d)
Breast-feeding promotion information will be displayed in order to positively promote breast-feeding to the clients of the facility.
(e)
Such other requirements as the Board of Health finds desirable or necessary to promote and protect breast-feeding.
Laws, 2006, ch. 520, § 11, eff. 4/3/2006.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-51 - Legislative purpose

The purpose of Sections
43-20-51
through
43-20-65
is to protect and promote the health and safety of children of this state who are cared for in family child care homes which are not required to be licensed by the state, by allowing for a voluntary registration of such homes, establishing of standards for such homes and child care providers and allowing for periodic routine inspection and mandatory inspections when warranted by complaints.
Laws, 1990, ch. 552, § 15, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-53 - Definitions

As used in Sections
43-20-51
through
43-20-65
:
(a)
"Family child care home" means any residential facility occupied by the operator where five (5) or fewer children who are not related within the third degree computed according to the civil law to the provider and who are under the age of thirteen (13) years of age are provided care for any part of the 24-hour day.
(b)
"Registering agency" means the Mississippi State Department of Health.
(c)
"Provider" means the person responsible for the care of children.
Laws, 1990, ch. 552, § 16; Laws, 2000, ch. 415, § 7, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-55 - Development of regulations and standards; compensation of advisory council members

The advisory council appointed by the Executive Officer of the State Department of Health under the provisions of Section
43-20-7
, Mississippi Code of 1972, shall assist and advise in the development of regulations and standards governing the registration and regulation of family child care homes. Members of the council who are not public employees shall receive per diem compensation as provided under Section
25-3-69
, Mississippi Code of 1972, and shall be reimbursed for mileage and expenses.
Laws, 1990, ch. 552, § 17, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-57 - Persons prohibited from working or residing in family child care home; resident with disability counted as child in care; access to records of workers and volunteers in home

(1)
No person shall knowingly maintain a family child care home if, in such family child care home, there resides, works or regularly volunteers any person who:
(a)
(i)
Has a felony conviction for a crime against persons;
(ii)
Has a felony conviction under the Uniform Controlled Substances Act;
(iii)
Has a conviction for a crime of child abuse or neglect;
(iv)
Has a conviction for any sex offense as defined in Section
45-33-23
, Mississippi Code of 1972; or
(v)
Any other offense committed in another jurisdiction or any federal offense which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(b)
Has been adjudicated a juvenile offender because of having committed an act which if done by an adult would constitute the commission of a felony and which is a crime against persons;
(c)
Has had a child declared in a court order in this or any other state to be deprived or a child in need of care based on an allegation of physical, mental or emotional abuse or neglect or sexual abuse;
(d)
Has had parental rights terminated pursuant to Section
93-15-101
et seq., Mississippi Code of 1972; or
(e)
Has an infectious or contagious disease, as defined by the State Department of Health pursuant to Section
41-23-1
, Mississippi Code of 1972.
(2)
No person shall maintain a family child care home if such person has been found to be a disabled person in need of a guardian or conservator, or both.
(3)
Any person who resides in the home and who has been found to be a disabled person in need of a guardian or conservator, or both, shall be included in the total number of children allowed in care.
(4)
In accordance with the provision of this subsection (4), the State Department of Health shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information in the possession of the Mississippi Highway Safety Patrol or court of this state concerning persons working, regularly volunteering or residing in a family child care home. The department shall have access to these records for the purpose of determining whether or not the home meets the requirements of Sections
43-20-51
through
43-20-65
.
(5)
No family child care home or its employees shall be liable for civil damages to any person refused employment or discharged from employment by reason of such home's compliance with the provisions of this section if such home acts in good faith to comply with this section.
Laws, 1990, ch. 552, § 18; Laws, 2000, ch. 499, § 27, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-59 - Registration

(1)
Any person maintaining a family child care home may register such home with the State Department of Health on forms provided by the department.
(2)
A certificate of registration shall be issued to the applicant for registration who (a) attests to the safety of the home for the care of children, (b) submits a fee of Five Dollars ($5.00), payable to the department, and (c) certifies that no person described in paragraph (a), (b), (c), (d) or (e) of Section
43-20-57(1)
resides, works or volunteers in the family child care home.
Any increase in the fee charged by the department under this subsection shall be in accordance with the provisions of Section
41-3-65
.
(3)
The department shall furnish each applicant for registration a family child care home safety evaluation form to be completed by the applicant and submitted with the registration application.
(4)
The certificate of registration shall be renewed annually in the same manner provided for in this section.
(5)
A certificate of registration shall be in force for one (1) year after the date of issuance unless revoked pursuant to Sections
43-20-51
through
43-20-65
. The certificate shall specify that the registrant may operate a family child care home for five (5) or fewer children. This section shall not be construed to limit the right of the department to enter a registered family child care home for the purpose of assessing compliance with Sections
43-20-51
through
43-20-65
after receiving a complaint against the registrant of such home or in conducting a periodic routine inspection.
(6)
The department shall adopt rules and regulations to implement the registration provisions.
Laws, 1990, ch. 552, § 19, eff. 7/1/1990.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 36, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 36, 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 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-61 - Denial, revocation, or refusal to renew certificate of registration; hearing

The department may deny, revoke or refuse to renew a certificate of registration upon determination that the registrant falsified information on the application or willfully and substantially has violated Sections
43-20-51
through
43-20-65
, inclusive and amendments thereto. The department shall not revoke or refuse to renew any certificate without giving notice and conducting a hearing.
Laws, 1990, ch. 552, § 20, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-63 - Suspension of certificate of registration; grounds

The department may suspend any certificate of registration issued under the provision of Sections
43-20-51
through
43-20-65
upon any of the following grounds and in the manner provided in Sections
43-20-51
through
43-20-65
:
(a)
Violation by the registrant of any provision of Sections
43-20-51
through
43-20-65
or of the rules and regulations promulgated under Sections
43-20-51
through
43-20-65
;
(b)
Aiding, abetting or permitting the violation of any provision of Sections
43-20-51
through
43-20-65
or of the rules and regulations promulgated under Sections
43-20-51
through
43-20-65
;
(c)
Conduct in the operation or maintenance, or both the operation and maintenance of a family child care home which is inimical to health, morals, welfare or safety of either an individual in or receiving services from the home or the people of this state; and
(d)
The conviction of a registrant at any time during registration of any crime under state or federal law.
The department may suspend any certificate of registration issued under the provisions of Sections
43-20-51
through
43-20-65
prior to any hearing when, in the opinion of the department, the action is necessary to protect any child in the family child care home from physical or mental abuse, abandonment or any other substantial threat to health or safety.
Laws, 1990, ch. 552, § 21, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › FAMILY CHILD CARE HOMES (§§ 43-20-51 — 43-20-65) › Section 43-20-65 - Information confidential; hearings may be closed

Information received by the licensing agency through filed reports, inspections or otherwise authorized under Sections
43-20-51
through
43-20-65
shall not be disclosed publicly in such manner as to identify individuals. In any hearings conducted under regulation provisions of Sections
43-20-51
through
43-20-65
, the hearing officer may close the hearing to the public to prevent public disclosure of matters relating to individuals restricted by other law.
Laws, 1990, ch. 552, § 22, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 20 - CHILD CARE FACILITIES (§§ 43-20-1 — 43-20-81) › INFORMATION TO BE PROVIDED TO CHILD'S PARENTS OR LEGAL GUARDIANS BY CHILD CARE FACILITIES (§ 43-20-81) › Section 43-20-81 - Information relative to risks associated with influenza and availability, effectiveness and modes of administration of influenza vaccines

(1)
Each licensed child care facility shall, by October 1 of every year, provide each child's parent or legal guardian with information relative to the risks associated with influenza and the availability, effectiveness and modes of administration of influenza vaccines. That information shall be updated annually to include new information and shall include the following:
(a)
The causes and symptoms of influenza and means by which influenza is transmitted;
(b)
The infection rates of influenza in children;
(c)
Information about the U.S. Centers for Disease Control and Prevention's (CDC) recommendations for routine, seasonal vaccination of all children aged six (6) months through eighteen (18) years; and
(d)
Sources in which a parent or legal guardian may obtain additional information and where a child may be immunized against influenza.
(2)
The State Department of Health shall develop information on influenza immunization and provide that information to each licensed child care facility, which shall provide the information to each child's parent or legal guardian as required by subsection (1) of this section.
(3)
The department shall determine the most cost-effective and efficient means of distributing the information. The department may work with public health organizations and vaccine stakeholders in developing and distributing the information.
(4)
Nothing in this section shall be construed to require any licensed child care facility to provide or pay for immunizations against influenza. However, if a licensed child care facility requests assistance in providing influenza vaccine on site to children in accordance with their parent or legal guardian's approval, the department shall work with the licensed child care facility to provide advice and influenza vaccine for children who qualify for the vaccine through the federal Vaccines for Children (VFC) program.
(5)
The State Board of Health shall establish by rules and regulations all guidelines and procedures for carrying out the provisions of this section.
Laws, 2010, ch. 342, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › FUNDING OF SALARIES AND EXPENSES OF YOUTH COUNSELLORS AND CLERK-REPORTERS (§§ 43-21-1 — 43-21-47) › Section 43-21-1 - through 43-21-43 - [Repealed]

Repealed by Laws, 1979, ch. 506, § 78, eff. 7/1/1979.
§ 43-21-1. [Laws, 1946, ch. 207, § 29] § 43-21-3. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 1; Laws, 1975, ch. 348] § 43-21-5. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 2; Laws, 1966, ch. 377, § 1; Laws, 1975, ch. 494, § 1; Laws, 1977, ch. 474, § 1] § 43-21-7. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 3; Laws, 1964, ch. 371, §§ 1-4; Laws, 1966, ch. 377, § 2; Laws, 1971, ch. 391, §§ 1, 2] § 43-21-9. [Laws, 1946, ch. 207, § 4] § 43-21-11. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 5; Laws, 1966, ch. 377, § 3; Laws, 1973, ch. 469, § 1; Laws, 1975, ch 494, § 2; Laws, 1977, ch. 474, § 2; Laws, 1978, ch. 471, § 1] § 43-21-13. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 6; Laws, 1966, ch. 377, § 4] § 43-21-15. [Laws, 1946, ch. 207, § 7] § 43-21-17. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 8; Laws, 1973, ch. 469, § 2; Laws, 1975, ch. 494, § 3] § 43-21-19. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 9; Laws, 1964, ch. 372, § 1; Laws, 1966, ch. 377, § 5] § 43-21-21. [Laws, 1946, ch. 207, § 10] § 43-21-23. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 11] § 43-21-25. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 12; Laws, 1966, ch. 377, § 6] § 43-21-27. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 13; Laws, 1966, ch. 377, § 7; Laws, 1973, ch. 469, § 3; Laws, 1975, ch. 494, § 4] § 43-21-29. [Laws, 1946, ch. 207, § 14; Laws, 1960, ch. 281; Laws, 1964, ch. 373; Laws, 1973, ch. 330, § 1; Laws, 1977, ch. 406] § 43-21-31. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 15] § 43-21-33. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 16; Laws, 1958, ch. 236; Laws, 1966, ch. 377, § 8; Laws, 1973, ch. 488, § 1] §§ 43-21-35 through 43-21-39. [Laws, 1946, ch. 207, §§ 17-19] § 43-21-41. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 20] § 43-21-43. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 21]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › FUNDING OF SALARIES AND EXPENSES OF YOUTH COUNSELLORS AND CLERK-REPORTERS (§§ 43-21-1 — 43-21-47) › Section 43-21-45 - Funds for payment of salaries and expenses of youth counsellors and clerk-reporters

In any Class 1 county having a total population in excess of eighty thousand (80,000) according to the 1950 census and having a total assessed valuation in excess of Forty-eight Million Dollars ($48,000,000.00), and in which there is both a youth court and a federal military base or encampment; and in any Class 1 county having a total population in excess of fifty-two thousand seven hundred twenty (52,720) in the 1960 federal decennial census and in which there is located both a state-supported university and a Mississippi National Guard Camp, the board of supervisors of any such county may, in its discretion, set aside, appropriate and expend moneys from the general fund to be used in the payment of salaries and/or travel expenses of a youth counsellor, or counsellors, and the salary of a clerk-reporter of the youth court of such county, and such funds shall be expended for no other purpose.
Codes, 1942, § 7185-21.5; Laws, 1956, ch. 207, §§ 1-3; Laws, 1968, ch. 371, § 1; Laws, 1986, ch. 400, § 28, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › FUNDING OF SALARIES AND EXPENSES OF YOUTH COUNSELLORS AND CLERK-REPORTERS (§§ 43-21-1 — 43-21-47) › Section 43-21-47 - through 43-21-55 - [Repealed]

Repealed by Law, 1979, ch. 506, § 78, eff. 7/1/1979.
§ 43-21-47. [Laws, 1946, ch. 207, § 22] § 43-21-49. [Laws, 1946, ch. 207, § 23; Laws, 1968, ch. 361, § 68] § 43-21-51. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 24] § 43-21-53. [Laws, 1940, ch. 300; Laws, 1946, ch. 207, § 25] § 43-21-55. [Laws, 1946, ch. 207, § 26]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-101 - Short title

This chapter shall be cited as the "Youth Court Law."
Laws, 1979, ch. 506, § 1, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-103 - Construction and purpose

This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable and productive citizen, and that each such child shall receive such care, guidance and control, preferably in such child's own home as is conducive toward that end and is in the state's and the child's best interest. It is the public policy of this state that the parents of each child shall be primarily responsible for the care, support, education and welfare of such children; however, when it is necessary that a child be removed from the control of such child's parents, the youth court shall secure proper care for such child.
Laws, 1979, ch. 506, § 2; Laws, 1980, ch. 550, § 1; Laws, 1989, ch. 441, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-107 - Establishment clause

(1)
A youth court division is hereby created as a division of the county court of each county now or hereafter having a county court, and the county judge shall be the judge of the youth court unless another judge is named by the county judge as provided by this chapter.
(2)
A youth court division is hereby created as a division of the chancery court of each county in which no county court is maintained and any chancellor within a chancery court district shall be the judge of the youth court of that county within such chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.
(3)
In any county where there is no county court or family court on July 1, 1979, there may be created a youth court division as a division of the municipal court in any city if the governing authorities of such city adopt a resolution to that effect. The cost of the youth court division of the municipal court shall be paid from any funds available to the municipality excluding county funds. No additional municipal youth court shall be formed after January 1, 2007.
Laws, 1979, ch. 506, § 4; Laws, 1982, ch. 476, § 4; Laws, 1983, ch. 334; Laws, 2007, ch. 557, § 5, eff. 7/1/2007.