reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › SERVICES AND CARE FOR CERTAIN CHILDREN AND YOUTH IN CUSTODY OF OR UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN SERVICES (§§ 43-27-101 — 43-27-121) › Section 43-27-113 - Law enforcement assistance in department investigations of child abuse or neglect

In any investigation by the Department of Child Protection Services of a report made under Section
43-21-101
et seq. of the abuse or neglect of a child as defined in Section
43-21-105
, the department may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.
Laws, 1994, ch. 649, § 23, eff. 7/1/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 69, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › SERVICES AND CARE FOR CERTAIN CHILDREN AND YOUTH IN CUSTODY OF OR UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN SERVICES (§§ 43-27-101 — 43-27-121) › Section 43-27-115 - Program managers for department regions; duties; department to develop agreements with other service entities

The Department of Human Services and the Department of Child Protection Services are each authorized to employ one (1) program manager for each department region, if funds are appropriated to either department for that purpose, whose duties shall be to develop an ongoing public education program to inform Mississippi citizens about the needs of the state's children, youth and families, the work of the department in addressing these needs and how citizens might become involved. The Department of Human Services and the Department of Child Protection Services shall develop formal agreements of cooperation and protocol between each department and other providers of services to children and families including school districts, hospitals, law enforcement agencies, mental health centers and others.
Laws, 1994, ch. 649, § 24, eff. 7/1/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 70, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › SERVICES AND CARE FOR CERTAIN CHILDREN AND YOUTH IN CUSTODY OF OR UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN SERVICES (§§ 43-27-101 — 43-27-121) › Section 43-27-117 - Online automated child welfare information system

The Department of Child Protection Services is authorized to establish an online automated child welfare information system, if funds are appropriated to the department for that purpose, to give the department the capability to supply foster care, adoption and child abuse and neglect data to the federal Department of Health and Human Services in a specified format as required, and to help the department in tracking child abuse and neglect referrals and the number of children affected in those referrals.
Laws, 1994, ch. 649, § 25, eff. 7/1/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 71, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › SERVICES AND CARE FOR CERTAIN CHILDREN AND YOUTH IN CUSTODY OF OR UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN SERVICES (§§ 43-27-101 — 43-27-121) › Section 43-27-119 - Joint task force to research when court decisions should be appealed; protocol

There is created a joint task force of the Department of Human Services, the Department of Child Protection Services and the Attorney General's Office consisting of the executive directors of the departments, the Attorney General, any staff persons designated by the executive directors and the Attorney General, and any other persons designated by the executive directors and the Attorney General. The joint task force shall research the issue of when each department should consider appealing court decisions that are contrary to the department's recommendations in child welfare and juvenile offender cases, and shall issue a protocol for determining the type of cases that should be appealed. The protocol shall establish the following:
(a)
General guidelines to be considered for appealing a case;
(b)
The type of information from case records and court records that should be entered into the appeal file; and
(c)
The individuals who have authority to set the appeals process in motion and who can make final decisions about whether an appeal should be filed or not.
Not later than November 30, 1994, the joint task force shall complete its research, issue the protocol, and make recommendations to the Legislature for any administrative and legislative action necessary to properly and sufficiently address this issue.
Laws, 1994, ch. 649, § 26, eff. 7/1/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 72, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › SERVICES AND CARE FOR CERTAIN CHILDREN AND YOUTH IN CUSTODY OF OR UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN SERVICES (§§ 43-27-101 — 43-27-121) › Section 43-27-121 - Child Welfare Enhancement Fund

There is created in the State Treasury a special fund to be known as the "Child Welfare Enhancement Fund," which shall consist of such monies as provided by law to be deposited in the fund. The fund shall be administered by the Department of Human Services upon appropriations of the monies in the fund by the Legislature. The monies in the fund shall be expended to enhance the state's services for children and youth, including, but not limited to, implementation of the recommendations in the November 1, 1992, report by the Child Welfare League of America.
Laws, 1994, ch. 649, § 27, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-201 - Division of Youth Services to establish, maintain and operate Adolescent Opportunity Program

(1)
The purpose of this section is to outline and structure a long-range proposal in addition to certain immediate objectives for improvements in the juvenile facilities of the Division of Youth Services of the Mississippi Department of Human Services in order to provide modern and efficient rehabilitation facilities for juvenile offenders in Mississippi, who are committing an increasing percentage of serious and violent crimes.
(2)
The Division of Youth Services shall establish, maintain and operate an Adolescent Opportunity Program (AOP) throughout the state, which may include non-Medicaid assistance eligible juveniles. Beginning July 1, 2016, subject to availability of funds appropriated therefor by the Legislature, AOP professional services, salaries, facility offices, meeting rooms and related supplies and equipment may be provided through contract with local mental health or other nonprofit community organizations. Each AOP must incorporate evidence-based practices and positive behavioral intervention that includes two (2) or more of the following elements: academic, tutoring, literacy, mentoring, vocational training, substance abuse treatment, family counseling and anger management. Programs may include, but shall not be limited to, after school and weekend programs, job readiness programs, home detention programs, community service conflict resolution programs, restitution and community service.
Laws, 1994, ch. 652, § 1; Laws, 1997, ch. 526, § 1; Laws, 2005, ch. 471, § 7; Laws, 2006, ch. 539, § 6, eff. 7/1/2006.
Amended by Laws, 2015, ch. 330, HB 404, 1, eff. 7/1/2015.
Amended by Laws, 2014, ch. 398, HB 426, 12, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-203 - Youth Challenge Program; implementation and administration of program by National Guard; issuance of diplomas to participants meeting High School Equivalency Diploma requirements

(1)
There is created under the Mississippi National Guard a program to be known as the "Youth Challenge Program." The program shall be an interdiction program designed for children determined to be "at risk" by the National Guard.
(2)
The Mississippi National Guard shall implement and administer the Youth Challenge Program and shall promulgate rules and regulations concerning the administration of the program. The National Guard shall prepare written guidelines concerning the nomination and selection process of participants in the program, and such guidelines shall include a list of the factors considered in the selection process.
(3)
Participation in the Youth Challenge Program shall be on a voluntary basis. No child may be sentenced by any court to participate in the program; however, a youth court judge may refer the program to a child when, under his determination, such program would be sufficient to meet the needs of the child.
(4)
The Mississippi National Guard, under the auspices of the Challenge Academy, may award an adult high school diploma to each participant who meets the requirements for a High School Equivalency Diploma equivalent under the policies and guidelines of the GED Testing Service of the American Council on Education or other high school equivalency exam and any other minimum academic requirements prescribed by the National Guard and Challenge Academy for graduation from the Youth Challenge Program. Participants in the program who do not meet the minimum academic requirements may be awarded a special certificate of attendance. The Mississippi National Guard and the Challenge Academy shall establish rules and regulations for awarding the adult high school diploma and shall prescribe the form for such diploma and the certificate of attendance.
(5)
The Mississippi National Guard may accept any available funds that may be used to defray the expenses of the program, including, but not limited to, federal funding, public or private funds and any funds that may be appropriated by the Legislature for that purpose.
Laws, 1994, ch. 652, § 2; Laws, 1999, ch. 353, § 1, eff. 7/1/1999.
Amended by Laws, 2016, ch. 351, HB 968, 1, eff. 4/5/2016.
Amended by Laws, 2014, ch. 398, HB 426, 13, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-205 - Local Juvenile Detention Facility Construction, Renovation and Repair Fund; source of funds; purpose of Fund

(1)
There is established in the State Treasury a fund to be known as the "Local Juvenile Detention Facility Construction, Renovation and Repair Fund" which shall be administered by the Department of Public Safety. Such fund shall be used for the purposes established in this section. The Department of Public Safety shall promulgate regulations for the administration of the fund including applications for grants, the awarding of grants and any necessary forms therefor.
(2)
The fund shall consist of any monies appropriated by the Legislature, monies from bonds issued for the purposes described in Section
43-27-207(2)(a)
and issued under Sections
43-27-207
through
43-27-233
, monies provided by any federal or state grants or provided from any public or private source. Any interest which accrues in the fund shall remain in the fund and at the end of the fiscal year any monies remaining in the fund shall not lapse into the General Fund but shall remain in the fund.
(3)
The fund shall be used for the following purposes:
(a)
To provide grants to local governmental units to construct, repair, remodel, equip, furnish, add to, improve and maintain juvenile detention facilities. Grants shall be awarded on a proportionate basis based on the population of the local governmental unit. Counties and municipalities are encouraged to enter into interlocal agreements and regional agreements to receive grants. Any area which uses this fund for the purposes provided herein shall have a minimum population of twenty-five thousand (25,000) persons residing in the area to be served by a facility.
(b)
To reduce existing indebtedness related to juvenile detention facilities of units of government with existing facilities, proposed facilities or facilities under construction.
(4)
Any grants made under the provisions of this section shall be made within eighteen (18) months of April 8, 1994.
Laws, 1994, ch. 652, § 3, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-209 - Payment of principal of and interest on bonds

The principal of and interest on the bonds authorized under Sections
43-27-207
through
43-27-233
shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates not exceeding the limits set forth in Section
75-17-101
, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty (20) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as determined by resolution of the State Bond Commission.
Laws, 1994, ch. 652, § 5, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-211 - Bonds to be signed by State Bond Commission; bonds to be issued as provided in Registered Bond Act

The bonds authorized under Sections
43-27-207
through
43-27-233
shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything in Sections
43-27-201
through
43-27-233
to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.
Laws, 1994, ch. 652, § 6, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-213 - Bonds and interest coupons to be negotiable instruments; compliance with Uniform Commercial Code not required

All bonds and interest coupons issued under the provisions of Sections
43-27-207
through
43-27-233
have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code, and in exercising the powers granted by Sections
43-27-207
through
43-27-233
, the State Bond Commission shall not be required to and need not comply with the provisions of the Mississippi Uniform Commercial Code.
Laws, 1994, ch. 652, § 7, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-215 - Bonds to be issued by State Bond Commission; procedures for issuance

The State Bond Commission shall act as the issuing agent for the bonds authorized under Sections
43-27-207
through
43-27-233
, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do all other things necessary and advisable in connection with the issuance and sale of the bonds. The State Bond Commission may pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections
43-27-207
through
43-27-233
from the proceeds derived from the sale of the bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale may be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.
Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.
The State Bond Commission, when issuing any bonds under the authority of Sections
43-27-207
through
43-27-233
, may provide that the bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
Laws, 1994, ch. 652, § 8, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-217 - Full faith and credit of State irrevocably pledged

The bonds issued under the provisions of Sections
43-27-207
through
43-27-233
are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.
Laws, 1994, ch. 652, § 9, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-219 - Issuance of warrants to pay principal and interest on bonds

The State Treasurer is authorized to certify to the State Fiscal Officer the necessity for warrants, and the State Fiscal Officer is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accredited value of, all bonds issued under Sections
43-27-207
through
43-27-233
; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest on the bonds, on their due dates.
Laws, 1994, ch. 652, § 10, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-221 - Deposit of proceeds of bond sales into Juvenile Justice Assistance Fund

Upon the issuance and sale of bonds under Sections
43-27-207
through
43-27-233
, the State Bond Commission shall deposit the proceeds of any such sale or sales in a special fund created in the State Treasury to be known as the "Juvenile Justice Assistance Fund." The proceeds of such bonds shall be used solely for the purposes provided in Sections
43-27-207
through
43-27-233
, including the costs incident to the issuance and sale of such bonds. The costs incident to the issuance and sale of such bonds shall be disbursed by warrant upon requisition of the State Bond Commission, signed by the chairman of the commission. The remaining moneys in the fund shall be expended solely under the direction of the Department of Finance and Administration under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds, and such funds shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer.
Laws, 1994, ch. 652, § 11, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-223 - Further proceedings not required to issue bonds

The bonds authorized under Sections
43-27-207
through
43-27-233
may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things that are specified or required by Sections
43-27-207
through
43-27-233
. Any resolution providing for the issuance of bonds under Sections
43-27-207
through
43-27-233
shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular or special meeting of the State Bond Commission by a majority of its members.
Laws, 1994, ch. 652, § 12, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-225 - Validation of bonds

The bonds authorized under the authority of Sections
43-27-207
through
43-27-233
may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.
Laws, 1994, ch. 652, § 13, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-227 - Actions to protect and enforce rights of bond holders

Any holder of bonds issued under Sections
43-27-207
through
43-27-233
or of any of the interest coupons pertaining to the bonds may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce all rights granted under Sections
43-27-207
through
43-27-233
, or under such resolution, and may enforce and compel performance of all duties required by Sections
43-27-207
through
43-27-233
to be performed, in order to provide for the payment of bonds and interest on the bonds.
Laws, 1994, ch. 652, § 14, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-229 - Bonds as legal investments

All bonds issued under Sections
43-27-207
through
43-27-233
shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities that may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
Laws, 1994, ch. 652, § 15, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-231 - Bonds and income therefrom exempt from taxation

Bonds issued under Sections
43-27-207
through
43-27-233
and income from the bonds shall be exempt from all taxation in the State of Mississippi.
Laws, 1994, ch. 652, § 16, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › IMPROVEMENTS TO JUVENILE CORRECTIONAL FACILITIES (§§ 43-27-201 — 43-27-233) › Section 43-27-233 - Sections 43-27-207 through 43-27-233 as full and complete authority for exercise of powers granted

Sections
43-27-207
through
43-27-233
shall be deemed to be full and complete authority for the exercise of the powers granted, but Sections
43-27-207
through
43-27-233
shall not be deemed to repeal or to be in derogation of any existing law of this state.
Laws, 1994, ch. 652, § 17, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › JUVENILE HEALTH RECOVERY STUDY (§§ 43-27-301 — 43-27-309) › Section 43-27-301 - through 43-27-307 - [Repealed]

Repealed by Laws, 1999, ch. 587, § 1, eff. 7/1/1999.
43-27-301. [ Laws, 1999, ch. 587, § 1, eff. 7/1/1999.]43-27-303. [ Laws, 1999, ch. 587, § 2, eff. 7/1/1999.]43-27-305. [ Laws, 1999, ch. 587, § 3, eff. 7/1/1999.]43-27-307. [ Laws, 1999, ch. 587, § 4; Laws, 2000, ch. 547, § 6, eff. 7/1/2000.]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › JUVENILE HEALTH RECOVERY STUDY (§§ 43-27-301 — 43-27-309) › Section 43-27-309 - Repeal of Sections 43-27-301 through 43-27-309

This chapter which establishes a Juvenile Health Recovery Review and a Juvenile Health Recovery Advisory Board are repealed from and after July 1, 2001.
Laws, 1999, ch. 587, § 5, eff. 7/1/1999.
Repealed on its own terms, eff.7/1/2001.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 27 - DEPARTMENT OF YOUTH SERVICES (§§ 43-27-1 — 43-27-401) › AMER-I-CAN PILOT PROGRAM (§ 43-27-401) › Section 43-27-401 - Amer-I-Can Program established; objectives; policies and procedures; funding

(1)
The Department of Human Services, Division of Youth Services, shall establish a pilot program to be known as the "Amer-I-Can Program." The program is designed for youths who have been committed to or are confined at the Oakley Youth Development Center. The objectives of this program are:
(a)
To develop greater self-esteem, assume responsible attitudes and experience a restructuring of habits and conditioning processes;
(b)
To develop an appreciation of family members and an understanding of the role family structure has in achieving successful living;
(c)
To develop an understanding of the concept of community and collective responsibility;
(d)
To develop a prowess in problem solving and decision making that will eliminate many of the difficulties that were encountered in past experiences;
(e)
To develop skills in money management and financial stability, thus relieving pressures that have contributed to previous difficulties;
(f)
To develop communication skills to better express thoughts and ideas while acquiring an understanding of and respect for the thoughts and ideas of others; and
(g)
To acquire employment seeking and retention skills to improve chances of long-term, gainful employment.
(2)
The Division of Youth Services shall develop policies and procedures to administer the program and shall choose which youths are eligible to participate in the program.
(3)
The department may accept any funds, public or private, made available to it for the program.
Laws, 2001, ch. 580, § 1; Laws, 2005, ch. 471, § 8; Laws, 2010, ch. 554, § 8, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Achieving a Better Life Experience (ABLE) Act."
Added by Laws, 2017, ch. 350, SB 2311, 1, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-3 - Legislative intent

It is the intent of the Legislature to establish a qualified Achieving a Better Life Experience (ABLE) Program in this state which will encourage and assist the saving of private funds in tax-exempt accounts in order to pay for the qualified disability expenses of eligible individuals with disabilities. The Legislature intends that the qualified ABLE Program be implemented in a manner that is consistent with federal law authorizing the program and that maximizes program efficiency and effectiveness.
Added by Laws, 2017, ch. 350, SB 2311, 2, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-5 - Definitions

As used in this chapter the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Mississippi ABLE account" means an account established and maintained under the Mississippi ABLE Program or entered into through a participation agreement with another state that has contracted with the Mississippi ABLE Board, or a consortium of states that have agreed to provide ABLE accounts to the residents of participating states.
(b)
"Board" or "board of directors" means the Mississippi ABLE Board of Directors.
(c)
"Contracting state" or "consortium" means a state or group of states that have entered into a contract with the Mississippi ABLE Board or a multistate Compact with the ABLE Boards of several states to provide residents of Mississippi or, in the case of a consortium, residents of participating states with access to a qualified ABLE Program.
(d)
"Designated beneficiary" means the eligible individual who established an ABLE account or the eligible individual to whom an ABLE account was transferred.
(e)
"Eligible individual" has the same meaning as provided in Section 529A of the Internal Revenue Code.
(f)
"Mississippi ABLE Program" means the qualified ABLE Program established and maintained under this section by the Mississippi ABLE Board, and administered through the Mississippi Department of Rehabilitation Services.
(g)
"Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended, and regulations adopted pursuant thereto.
(h)
"Participation agreement" means the agreement between the Mississippi ABLE Board, and a participant in the Mississippi ABLE Program.
(i)
"Qualified ABLE Program" means the program authorized under Section 529A of the Internal Revenue Code which may be established by a state or agency, or instrumentality thereof, to allow a person to make contributions for a taxable year to an ABLE account established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the ABLE account.
(j)
"Qualified disability expense" has the same meaning as provided in Section 529A of the Internal Revenue Code.
(k)
"Section 529A of the Internal Revenue Code" or "Section 529A" means 26 USCS Section 529A.
Added by Laws, 2017, ch. 350, SB 2311, 3, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-13 - ABLE Trust Fund property and income exempt from state taxation; deduction of contributions to ABLE Program accounts from taxable income; amounts in ABLE account not considered in determining eligibility for certain public assistance

(1)
All property and income of the ABLE Trust Fund, as an instrumentality of the state, is exempt from all taxation by the state and by its political subdivisions.
(2)
Any contributor or payor to a Mississippi ABLE Program account may deduct from their Mississippi taxable income any contributions or payments to an account or accounts in the ABLE Trust Fund up to a maximum annual amount limit established by Congress for such accounts for single, joint and other filers. Contributions or payments for such tax years may be made after such calendar years but before the deadline for making contributions to an individual retirement account under federal law for such years. The earnings portion of any withdrawals from an account that are not qualified withdrawals, as well as any amounts included in such nonqualified withdrawals previously deducted from taxable income under this section, shall be included in the gross income of the recipient of the withdrawal for purposes of the Mississippi Income Tax Law in the year of such withdrawal.
(3)
Additionally, the participation of any Mississippi resident in the Mississippi ABLE Program or any other qualified ABLE Program, shall not preclude the resident from receiving any benefit or assistance provided by the State of Mississippi for which they are eligible. Funds in an individual's Mississippi ABLE account or any other ABLE account shall be exempt from any consideration when any agency or subdivision of the state is determining an individual's eligibility for state-provided assistance. Likewise, any tangible assets purchased with Mississippi ABLE account funds or any other ABLE account funds which are not otherwise disqualified as a countable resource of a program participant shall be exempt from consideration when determining such person's eligibility provided by the state, to the extent allowable under federal law.
Added by Laws, 2017, ch. 350, SB 2311, 7, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-15 - Authority of Board to establish a comprehensive investment plan

(1)
The board has authority to establish a comprehensive investment plan for the purposes of this chapter, to invest any funds of the ABLE Trust Fund in any instrument, obligation, security or property that constitutes legal investments for public funds in the state, and to name and use depositories for its investments and holdings. The comprehensive investment plan shall specify the investment policies to be utilized by the board in its administration of the funds. The board may authorize investments in any investment vehicle authorized for the Mississippi Achieving a Better Life Experience Program.
(2)
All investments shall be acquired by the board at prices not exceeding the prevailing market values for such securities and shall be marked clearly to indicate ownership by the system and, to the extent possible, shall be registered in the name of the system.
(3)
Except as otherwise provided in this section, no trustee or employee of the board may have any direct or indirect interest in the income, gains or profits of any investment made by the board, and such person may not receive any pay or emolument for his services in connection with any investment made by the board. No trustee or employee of the board may become an endorser or surety or in any manner an obligor for money loaned by or borrowed from the system.
(4)
Under the authority granted in Section
43-28-9
, the board may establish criteria for investment managers, mutual funds or other such entities to act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping.
(5)
No account owner, contributor or payor may directly or indirectly direct the investment of any account except as may be permitted under Section 529A of the Internal Revenue Code of 1986, as amended.
Added by Laws, 2017, ch. 350, SB 2311, 8, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-19 - Annual statements and reports

(1)
The board shall furnish, without charge, to each account owner an annual statement of the following:
(a)
The amount contributed by the account owner under the participation agreement;
(b)
The annual earnings and accumulated earnings on the ABLE account; and
(c)
Any other terms and conditions that the board deems by rule is necessary or appropriate, including those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
(2)
The board shall furnish an additional statement complying with subsection (1) to an account owner or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection.
(3)
(a)
On or before November 1, 2018, the board shall prepare a report on the status of the establishment of the Mississippi ABLE Program. The report must also include, if warranted, recommendations for statutory changes to enhance the effectiveness and efficiency of the program. The board shall submit copies of the report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer and to the Executive Director of the Department of Rehabilitation Services.
(b)
The board, in its discretion as to frequency, shall cause to be prepared annual reports setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the program, which shall be submitted no later than ninety (90) days after the end of each fiscal year. Such report shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer and to the Executive Director of the Department of Rehabilitation Services. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee.
Added by Laws, 2017, ch. 350, SB 2311, 10, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-21 - Mississippi ABLE Program monies paid into or expended out of the trust fund on behalf of a beneficiary are exempt from creditor claims; prohibition against use as loan collateral

Monies paid into or expended out of the ABLE Trust Fund by or on behalf of a designated beneficiary are exempt from all claims of creditors of the designated beneficiary if the participation agreement has not been terminated. Monies paid into the Mississippi ABLE Program and benefits accrued through the program may not be pledged for the purpose of securing a loan.
Added by Laws, 2017, ch. 350, SB 2311, 11, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-23 - Distribution requirements

(1)
Upon the death of the designated beneficiary, the appropriate health care administration agency and the Division of Medicaid of another state in which the beneficiary received services may file a claim with the Mississippi ABLE Program for the total amount of medical assistance provided for the designated beneficiary under the Medicaid program since the inception of the Mississippi ABLE account, less any premiums paid by or on behalf of the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of the deceased designated beneficiary must first be distributed for qualified disability expenses followed by distributions for the Medicaid claim authorized under this paragraph. Any remaining amount shall be distributed as provided in the participation agreement required under Section
43-28-19
.
(2)
The Mississippi ABLE Coordinator shall assist and cooperate with the appropriate health care administration agency and the Division of Medicaid in other states which have provided services to a Mississippi ABLE account beneficiary, by providing the agency and divisions with the information needed to accomplish the purpose and objective of this section.
Added by Laws, 2017, ch. 350, SB 2311, 12, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-25 - Certain state agencies required to assist board

The Mississippi Department of Health, the Department of Rehabilitation Services, the Division of Medicaid, the Department of Child Protection Services and the State Department of Education shall assist, cooperate and coordinate with the Mississippi ABLE Board in the provision of public information and outreach for the Mississippi ABLE Program.
Added by Laws, 2017, ch. 350, SB 2311, 13, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 28 - MISSISSIPPI ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) › Section 43-28-27 - Severability

The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, such declaration shall not affect the parts of this chapter which remain.
Added by Laws, 2017, ch. 350, SB 2311, 14, eff. 3/20/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 29 - PERSONS WITH DISABILITIES (§§ 43-29-1 — 43-29-39) › Section 43-29-1 - Persons with disabilities

For the purpose of providing assistance for permanently totally disabled needy people under the age of (sixty-five) 65 years and over the age of (eighteen) 18 years who are unable to work, a statewide system of assistance is hereby established and shall be in effect in all political subdivisions of the state, to operate with due regard to varying conditions and cost of living, to be financed by state appropriations therefor, and to be administered by the state department of public welfare, as hereinafter provided.
Codes, 1942, § 7270; Laws, 1942, ch. 282, § 1; Laws, 1950, ch. 526, § 1.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 29 - PERSONS WITH DISABILITIES (§§ 43-29-1 — 43-29-39) › Section 43-29-3 - Eligibility for assistance to the needy aged; eligibility for assistance to needy persons with disabilities

Assistance shall be given under this chapter to any person who qualifies under Section
43-29-1
, and who:
(a)
has resided in this state for one (1) year immediately preceding his application, and such residence shall not have been established solely or in part for the purpose of enabling the applicant to come within the provisions of this chapter;
(b)
resides in the county in which application is made;
(c)
has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;
(d)
is not an inmate of or being maintained by any county, municipal, state, or national institution at the time of receiving assistance except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; in the event the federal Social Security Act or other appropriate federal statutes are so amended as to permit funds appropriated by Congress to be used for assistance to disabled persons who are inmates of public institutions, then being an inmate of any such institution shall not disqualify any such person for assistance. An inmate of such an institution may, however, make application for such assistance but the assistance, if granted, shall not begin until after he ceases to be an inmate;
(e)
has not made an assignment to transfer his property so as to render himself eligible for assistance under this chapter at any time within two (2) years immediately prior to the filing of an application for assistance pursuant to the provisions hereof.
Codes, 1942, § 7271; Laws, 1942, ch. 282, § 2; Laws, 1954, ch. 354; Laws, 1960, ch. 439, § 3.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 29 - PERSONS WITH DISABILITIES (§§ 43-29-1 — 43-29-39) › Section 43-29-5 - Amount of assistance

The amount of assistance, including vendor payments for medical care, which any recipient shall receive shall be determined by the welfare department with due regard to resources, income (except such income as may be disregarded as specified in the federal Social Security Act, as amended), and necessary expenditures of the individual and the conditions existing in each case, and in accordance with the rules and regulations made by the state department.
Codes, 1942, § 7272; Laws, 1942, ch. 282, § 3; Laws, 1944, ch. 293, § 1; Laws, 1950, ch. 526, § 2; Laws, 1957, Ex Sess, ch. 21; Laws, 1960, ch. 441; Laws, 1962, ch. 561, § 1; Laws, 1962, 2d Ex Sess, ch. 34; Laws, 1968, ch. 562, § 8, eff. 7/30/1968.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 29 - PERSONS WITH DISABILITIES (§§ 43-29-1 — 43-29-39) › Section 43-29-7 - Application for assistance

Application for assistance under this chapter shall be made to the county welfare agent of the county in which the applicant resides. The application shall be made in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain such information as may be prescribed by the state department.
Codes, 1942, § 7273; Laws, 1942, ch. 282, § 4.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 29 - PERSONS WITH DISABILITIES (§§ 43-29-1 — 43-29-39) › Section 43-29-9 - Investigation of applications

Whenever a county welfare agent receives an application for assistance under this chapter, an investigation and record shall promptly be made of the circumstances of the applicant to ascertain the facts supporting the application made under this chapter, and such other information as may be required by the rules of the state board. The county department and the state department shall have the power to conduct examinations, and the county board and such officers and employees as are designated by the state commissioner may also administer oaths and affirmation.
Codes, 1942, § 7274; Laws, 1942, ch. 282, § 5.