reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 43 - ADMINISTRATION OF SOCIAL SECURITY FUNDS (§§ 43-43-1 — 43-43-9) › Section 43-43-9 - Requirement of authorization before making assessment for services

No state agency shall assess any charges for services provided by such agency under Title XX to any entity or individual, whether the services be administrative in nature or otherwise, unless such charges be specifically authorized both in principle and amount by the Legislature or, when the Legislature is out of session, by the state fiscal management board. All such charges, whether termed administrative charges, license fees, certification fees, user fees or by whatever name denominated, shall be included in the state budget report as prepared by the legislative budget office and shall be identified by source, purpose, amount and authorization. It is the intent of the Legislature that all such charges by an agency shall be reviewed annually by the Legislature to determine the necessity or continuing necessity for such charges and, if such charges are deemed appropriate and necessary, to include such charges in the agency's appropriation bill.
Laws, 1979, ch. 505, § 5; Laws, 1984, ch. 488, § 212, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 45 - ADULT PROTECTIVE SERVICES [Repealed] (§ 43-45-1) › Section 43-45-1 - through 43-45-31 - [Repealed]

Repealed by Laws, 1982, ch. 498, § 17, as amended by Laws, 1985, ch. 490, § 17.
§§ 43-45-1 and 43-45-3. [Laws, 1982, ch. 498, §§ 1, 2; reenacted, Laws, 1985, ch. 490, §§ 1, 2] § 43-45-5. [Laws, 1982, ch. 498, § 3; Laws, 1983, ch. 472, § 1; reenacted, Laws, 1985, ch. 490, § 3] § 43-45-7. [Laws, 1982, ch. 498, § 4; reenacted, Laws, 1985, ch. 490, § 4] § 43-45-9. [Laws, 1982, ch. 498, § 5; Laws, 1983, ch. 472, § 2; reenacted, Laws, 1985, ch. 490, § 5] §§ 43-45-11 and 43-45-13. [Laws, 1982, ch. 498, §§ 6, 7; reenacted, Laws, 1985, ch. 490, §§ 6, 7] § 43-45-15. [Laws, 1982, ch. 498, § 8; Laws, 1983, ch. 472, § 3; reenacted, Laws, 1985, ch. 490, § 8] §§ 43-45-17 and 43-45-19. [Laws, 1982, ch. 498, §§ 9, 10; reenacted, Laws, 1985, ch. 490, §§ 9, 10] § 43-45-21. [Laws, 1982, ch. 498, § 11; Laws, 1983, ch. 472, § 4; reenacted, Laws, 1985, ch. 490, § 11] §§ 43-45-23 through 43-45-31. [Laws, 1982, ch. 498, §§ 12-16; reenacted, Laws, 1985, ch. 490, §§ 12-16]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Vulnerable Persons Act of 1986."
Laws, 1986, ch. 468, § 1; reenacted, Laws, 1989, ch. 381, § 1; Laws, 2010, ch. 357, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-3 - Legislative purpose

The purpose of this chapter is to provide for protective services for vulnerable persons in Mississippi who are abused, neglected or exploited.
Laws, 1986, ch. 468, § 2; reenacted, Laws, 1989, ch. 381, § 2; Laws, 2010, ch. 357, § 2, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-8 - Reporting of money, gift, or valuable received or accepted by care facility employees; record maintenance; penalties

(1)
Any person employed by a care facility or having a professional relationship with a care facility who receives or accepts a gift, money or thing of value in excess of Twenty-five Dollars ($25.00) from a patient or resident of the care facility shall make a written report of the acceptance or receipt of the gift, money or thing of value to the administrator, director or other named highest ranking management employee at the care facility. The report shall be delivered within twenty-four (24) hours of the receipt or acceptance and shall contain the following information:
(a)
Name of the person receiving or accepting the money, gift or thing of value;
(b)
Name of the patient or resident who gave the money, gift or thing of value;
(c)
A detailed description of the gift or thing of value or the amount of money accepted or received; and
(d)
Any other information required by the care facility.
(2)
The written report shall be maintained by the care facility as part of the permanent record of the patient or resident, and a copy of the report shall be delivered by the administrator, director or other named highest ranking management employee to the patient's or resident's responsible party, or to the next of kin or other contact person identified in the patient's or resident's file if no responsible party has been designated.
(3)
Any person who fails to make or deliver a report as required under subsection (1) of this section; or fails to retain a report as part of the patient's or resident's permanent record as required by subsection (2) of this section; or fails to deliver a copy of the report to the patient's or resident's responsible party or other person as required by subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.
(4)
Nothing in this section shall preclude legal proceedings against any person who steals, embezzles or misappropriates the property of a patient or resident or who otherwise exploits such patient or resident.
(5)
The care facility shall not be held civilly liable for an employee's failure to make or deliver a report of an incident as required by this section.
Laws, 2003, ch. 558, § 3, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-9 - Investigations and evaluations; cooperation of physicians and other health and welfare personnel; contracts with agencies and private physicians

(1)
Upon receipt of a report pursuant to Section
43-47-7
that a vulnerable person is in need of protective services, the department shall initiate an investigation and/or evaluation within forty-eight (48) hours if immediate attention is needed, or within seventy-two (72) hours if the vulnerable person is not in immediate danger, to determine whether the vulnerable person is in need of protective services and what services are needed. The evaluation shall include any necessary visits and interviews with the person, and if appropriate, with the alleged perpetrator of the vulnerable person abuse and with any person believed to have knowledge of the circumstances of the case. When a caretaker of a vulnerable person refuses to allow the department reasonable access to conduct an investigation to determine if the vulnerable person is in need of protective services, the department may petition the court for an order for injunctive relief enjoining the caretaker from interfering with the investigation.
(2)
The staff and physicians of local health departments, mental health clinics and other public or private agencies, including law enforcement agencies, shall cooperate fully with the department in the performance of its duties. These duties include immediate, in-residence evaluations and medical examinations and treatment where the department deems it necessary. However, upon receipt of a report of abuse, neglect or exploitation of a vulnerable person confined in a licensed hospital or licensed nursing home facility in the state, the department shall immediately refer this report to the proper authority at the State Department of Health for investigation under Section
43-47-37
.
Upon a showing of probable cause that a vulnerable person has been abused, a court may authorize a qualified third party to make an evaluation to enter the residence of, and to examine the vulnerable person. Upon a showing of probable cause that a vulnerable person has been financially exploited, a court may authorize a qualified third party, also authorized by the department, to make an evaluation, and to gain access to the financial records of the vulnerable person.
(3)
The department may contract with an agency or private physician for the purpose of providing immediate, accessible evaluations in the location that the department deems most appropriate.
Laws, 1986, ch. 468, § 5; reenacted, Laws, 1989, ch. 381, § 5; Laws, 1990, ch. 493, § 4; Laws, 1991, ch. 431 § 3; Laws, 2001, ch. 603, § 3; Laws, 2010, ch. 357, § 5, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-11 - Protective services plans; interference by caretaker; effect of lack of consent by vulnerable person

(1)
If, pursuant to an investigation instituted pursuant to Section
43-47-7
, the department determines that a vulnerable person is in need of protective services, it shall prepare a plan of services, reviewing that plan with the vulnerable person and obtaining his consent in writing.
(2)
When a caretaker of a vulnerable person who consents to the receipt of protective services refuses to allow the provision of such services to the vulnerable person, the department may petition the court for an order for injunctive relief enjoining the caretaker from interfering with the provision of protective services to the vulnerable person.
(3)
If a vulnerable person does not consent to the receipt of protective services, or if he withdraws his consent, the services shall not be provided, except as indicated in Section
43-47-13
.
Laws, 1986, ch. 468, § 6; reenacted, Laws, 1989, ch. 381, § 6; Laws, 1990, ch. 493, § 5; Laws, 2010, ch. 357, § 6, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-13 - Provision of services to vulnerable person lacking capacity to consent; petition for injunctive relief, hearing, and order; appointment of guardian or conservator

(1)
Every reasonable effort shall be made to secure the consent and participation of the vulnerable person in an evaluation and resolution of the need for protective services. If those efforts fail and if the department has reasonable cause to believe that a vulnerable person is being abused, neglected or exploited and lacks the capacity to consent to protective services, then the department may petition the court for an order for injunctive relief authorizing the provision of protective services. The petition must allege specific facts sufficient to show that the vulnerable person is in need of protective services and lacks the capacity to consent to them.
(2)
The court shall set the case for hearing within fourteen (14) days after the filing of the petition. The vulnerable person must receive at least five (5) days notice of the hearing. Where good cause is shown, the court may direct that a shorter notice be given. The vulnerable person has the right to be present and represented by counsel at the hearing. If the person, in the determination of the court, lacks the capacity to waive the right to counsel, then the court shall appoint a guardian ad litem. If the person is indigent, the cost of representation shall be borne by the department or by the court.
(3)
If, at the hearing, the court finds by clear and convincing evidence that the vulnerable person is in need of protective services and lacks the capacity to consent to those services, the court may issue an order relative thereto. This order may include the designation of an individual, organization or agency to be responsible for the performing or obtaining of essential services on behalf of the vulnerable person or otherwise consenting to protective services in his behalf. The order may provide for protective services for a period not to exceed eighteen (18) months, at which time the vulnerable person's need for protective services may be reviewed by the department filing a petition requesting such review with the court. Should the court determine that the vulnerable person is in further need of protective services, it may order the provision of such protective services as provided herein.
(4)
The court may appoint a guardian or conservator for the vulnerable person, but the court shall not appoint the department as a guardian of the vulnerable person. No vulnerable person may be committed to a mental health facility under this chapter. However, nothing contained herein shall prohibit the filing of petitions under other applicable provisions of the laws of this state.
Laws, 1986, ch. 468, § 7; reenacted, Laws, 1989, ch. 381, § 7; Laws, 2010, ch. 357, § 7, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-15 - Provision of services to alleviate an imminent danger; entry upon premises pursuant to court order; immunity from liability of petitioner acting in good faith

(1)
The department shall have the authority to provide immediate medical care, food, clothing, heat, shelter, supervision or other essential services in the absence of consent if it is determined that:
(a)
The vulnerable person is in imminent danger of death or irreparable harm;
(b)
Provision of emergency and/or protective services will alleviate the endangerment; and
(c)
No other statutory or otherwise appropriate remedy is immediately available.
(2)
Within forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays, the department shall petition the court for an order for injunctive relief authorizing the provision of emergency services.
(3)
Upon petition of the Commissioner of Public Welfare, the court may order the provision of emergency services to a vulnerable person after finding that there is reasonable cause to believe that:
(a)
The vulnerable person lacks the capacity to consent and that he is in need of protective services;
(b)
An emergency exists; and
(c)
No other person authorized by law or order to give consent is available and willing to arrange for emergency services.
If there is reasonable cause to believe that the conditions listed above exist and no other custodian is available, then upon a written petition for emergency services filed by the department, the court may issue an order for injunctive relief for the department to provide emergency services to a vulnerable person.
(4)
The petition for emergency services shall set forth the name, address and authority of the petitioners; the name, age and residence of the vulnerable person; the nature of the emergency; the proposed emergency services; the petitioner's reasonable belief as to the existence of the conditions set forth in subsection (1) of this section; and facts showing petitioner's attempts to obtain the vulnerable person's consent to the services.
(5)
If the provision of emergency and/or protective services alleviates the imminent danger of death or irreparable harm and the department has reasonable cause to believe that the vulnerable person remains in need of protective services, the department shall proceed according to Sections
43-47-11
and
43-47-13
.
(6)
Where it is necessary to enter a premises without the vulnerable person's consent after obtaining a court order in compliance with subsection (3) of this section, the representative of the petitioner shall do so.
(7)
No petitioner shall be held liable in any action brought by the vulnerable person if the petitioner acted in good faith.
Laws, 1986, ch. 468, § 8; reenacted, Laws, 1989, ch. 381, § 8; Laws, 2010, ch. 357, § 8, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-17 - Right to bring motion for review of order

Notwithstanding any finding by the court of lack of capacity of the vulnerable person to consent, the vulnerable person or the individual, organization or agency designated to be responsible for the vulnerable person, if any, or the State Department of Public Welfare or the county welfare department, shall have the right to bring a motion in the cause for review of any order pursuant to this chapter.
Laws, 1986, ch. 468, § 9; reenacted, Laws, 1989, ch. 381, § 9; Laws, 2010, ch. 357, § 9, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-21 - Payment for services; orders to provide custody, care, and maintenance

At the time the department makes an evaluation of the case reported, in accordance with the provisions of Section
43-47-9
, it shall be determined, according to the regulations set by the department, whether the vulnerable person is financially capable of paying for the essential services. If he is, he shall make reimbursement for the costs of providing the needed essential services. If it is determined that he is not financially capable of paying for such services, they shall be provided at no cost to the recipient of the services. The court may order the department or any public agency to provide for the custody, care and maintenance of such vulnerable person. Provided, however, that the care, custody and maintenance of any vulnerable person shall be within statutory authorization and budgetary means of such institution, facility, agency or department. Notwithstanding any provision to the contrary, it is not the intent of the Legislature through the adoption of this chapter to authorize any court exercising jurisdiction over a vulnerable person to enlarge or bring about the addition of new groups or categories of recipients or to increase the types of care and services for such persons under the Mississippi Medicaid Law, and any court exercising jurisdiction over a vulnerable person shall not, in any way, enter an order against the Division of Medicaid to provide for the custody, care, or maintenance of a vulnerable person who is not otherwise eligible for medical assistance under Section
43-13-115
or services under Section
43-13-117
.
Laws, 1986, ch. 468, § 11; reenacted, Laws, 1989, ch. 381, § 11; Laws, 2010, ch. 357, § 12, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-23 - Authority to seek cooperation of organizations and agencies

The department and the court are authorized to seek the cooperation of all public agencies, departments, societies, organizations or agencies having for their object the protection or aid of vulnerable persons. These agencies, departments, societies and organizations shall provide any such assistance as is necessary.
Laws, 1986, ch. 468, § 12; reenacted, Laws, 1989, ch. 381, § 12; Laws, 2001, ch. 603, § 5; Laws, 2010, ch. 357, § 13, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-25 - Immunity of department employees from liability

Any officer, agent or employee of the department in the good faith exercise of his duties under this chapter shall not be liable for any civil damages as a result of his acts or omissions in rendering assistance or aid to any vulnerable person.
Laws, 1986, ch. 468, § 13; reenacted, Laws, 1989, ch. 381, § 13; Laws, 2010, ch. 357, § 14, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-27 - Adoption of standards, procedures, and guidelines

The department shall adopt standards and other procedures and guidelines with forms to insure the effective implementation of the provisions of this chapter no later than October 1, 2001.
Laws, 1986, ch. 468, § 14; reenacted, Laws, 1989, ch. 381, § 14; Laws, 2001, ch. 603, § 6, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-29 - Appointment of conservator pursuant to Section 93-20-401 or 93-20-402

In addition to the powers granted under the provisions of this chapter, the department is authorized to petition the court under the provisions of Section
93-20-401
or
93-20-402
for appointment of a conservator for any vulnerable person.
Laws, 1986, ch. 468, § 15; reenacted, Laws, 1989, ch. 381, § 15; Laws, 2010, ch. 357, § 15, eff. 7/1/2010.
Amended by Laws, 2019, ch. 463, SB 2828,§ 3, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-31 - Objection to provision of services on privacy grounds; persons receiving treatment by spiritual means; objection to medical treatment

(1)
Nothing in this chapter shall be construed to authorize, permit or require any emergency or protective services in contravention of the stated or implied objection of such person based upon his right of privacy, which is grounded in the federal courts and the courts of this state, except in a situation where the vulnerable person is in imminent danger of serious harm.
(2)
Nothing in this chapter shall be construed to mean a person is neglected or in need of emergency or protective services for the sole reason he is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denominations.
(3)
Nothing in this chapter shall be construed to authorize, permit or require any medical care or treatment in contravention of the stated or implied objection of such person.
Laws, 1986, ch. 468, § 16; reenacted, Laws, 1989, ch. 381, § 16; Laws, 2001, ch. 603, § 7; Laws, 2010, ch. 357, § 16, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-33 - Education program

The department shall establish a comprehensive, aggressive program to educate the general public of (a) the existence and provisions of the Mississippi Vulnerable Persons Act of 1986; (b) the duty to report the abuse, neglect or exploitation of any and all vulnerable persons, and (c) criminal sanctions associated with violations of the Mississippi Vulnerable Persons Act.
Laws, 1986, ch. 468, § 17; reenacted, Laws, 1989, ch. 381, § 17; Laws, 2001, ch. 603, § 8; Laws, 2010, ch. 357, § 17, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-35 - Implementation of chapter if federal funds become available

It is the intent of the Legislature that the department shall implement the provisions of this chapter in the event federal funding is made available therefor under a social services block grant, or in the event any other federal or state funding is made available to provide for protective services for vulnerable persons.
Laws, 1986, ch. 468, § 18; reenacted, Laws, 1989, ch. 381, § 18; Laws, 2001, ch. 603, § 9; Laws, 2010, ch. 357, § 18, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 47 - MISSISSIPPI VULNERABLE PERSONS ACT (§§ 43-47-1 — 43-47-41) › Section 43-47-39 - Vulnerable Persons Training, Investigation and Prosecution Fund created; purpose; funding; funding of expenses of Vulnerable Persons 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 known as the Vulnerable Persons Training, Investigation and Prosecution Fund. The purpose of the fund shall be to provide funding for the Vulnerable Persons Unit in the Office of the Attorney General to assist in the training of law enforcement officers, judges, district attorneys, state agencies and investigators at the Department of Human Services with regard to issues arising under the Vulnerable Persons Act, and to provide funding for the Vulnerable Persons Unit in the Office of the Attorney General to assist in the investigation and prosecution of statewide offenders who abuse, neglect or exploit vulnerable persons. The fund shall be a continuing fund, not subject to fiscal-year limitations.
(2)
Funding shall be provided by assessments collected from violations set out in Section
99-19-73
.
(3)
From and after July 1, 2016, the expenses of the Vulnerable Persons 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.
(4)
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, § 1; Laws, 2010, ch. 357, § 20, eff. 7/1/2010.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 22, eff. 6/23/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 49 - MISSISSIPPI WELFARE RESTRUCTURING PROGRAM ACT OF 1993 [Repealed] (§§ 43-49-1 — 43-49-8) › Section 43-49-1 - and 43-49-3 - [Repealed]

Repealed by Laws, 1997, ch. 316, § 27, eff. 3/12/1997.
§ 43-49-1. [Laws, 1993, ch. 614, § 1] § 43-49-3. [Laws, 1993, ch. 614, § 2; Laws, 1994, ch. 582, § 4]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 49 - MISSISSIPPI WELFARE RESTRUCTURING PROGRAM ACT OF 1993 [Repealed] (§§ 43-49-1 — 43-49-8) › Section 43-49-5 - and 43-49-7 - [Repealed]

Repealed by Laws, 1994, ch. 582, § 8, eff. 7/1/1994.
§ 43-49-5. [Laws, 1993, ch. 614, § 3, eff. 4/15/1993] § 43-49-7. [Laws, 1993, ch. 614, § 4, eff. 4/15/1993]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 49 - MISSISSIPPI WELFARE RESTRUCTURING PROGRAM ACT OF 1993 [Repealed] (§§ 43-49-1 — 43-49-8) › Section 43-49-8 - through 43-49-15 - [Repealed]

Repealed by Laws, 1997, ch. 316, § 27, eff. 3/12/1997.
§ 43-49-8. [Laws, 1994, ch. 582, § 1; Laws, 1995, ch. 344, § 5] § 43-49-9. [Laws, 1993, ch. 614, § 5; Laws, 1994, ch. 582, § 2] § 43-49-11. [Laws, 1993, ch. 614, § 6; Laws, 1994, ch. 582, § 3] § 43-49-13. [Laws, 1993, ch. 614, § 7] § 43-49-15. [Laws, 1993, ch. 614, § 8]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 51 - FAMILY PRESERVATION ACT OF 1994 (§§ 43-51-1 — 43-51-9) › Section 43-51-1 - [Repealed]

Laws, 1994, ch. 607, § 22, eff. 7/2/1994.
Repealed by Laws, 2023, ch. 516, HB 1149,§ 107, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 51 - FAMILY PRESERVATION ACT OF 1994 (§§ 43-51-1 — 43-51-9) › Section 43-51-3 - Definitions

As used in this chapter, unless the context clearly requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a)
"Child at imminent risk of placement" means a minor who may be reasonably expected to face, in the near future, commitment to the care or custody of the state as a result of:
(i)
Dependency, abuse or neglect;
(ii)
Emotional disturbance;
(iii)
Family conflict so extensive that reasonable control of the child is not exercised; or
(iv)
Delinquency adjudication.
(b)
"Family preservation services" means services designed to help families alleviate risks or crises that might lead to out-of-home placement of children. The services may include procedures to maintain the safety of children in their own homes, support to families preparing to reunify or adopt and assistance to families in obtaining services and other sources of support necessary to address their multiple needs in a culturally sensitive environment.
(c)
"Family support services" means preventive community-based activities designed to alleviate stress and to promote parental competencies and behaviors that will increase the ability of families to successfully nurture their children and will enable families to use other resources and opportunities available in the community. These services may include supportive networks designed to enhance child-rearing abilities of parents and to help compensate for the increased social isolation and vulnerability of families. Examples of these services and activities include: respite care for parents and other caregivers; early developmental screening of children to assess the needs of these children and assistance in obtaining specific services to meet their needs; mentoring, tutoring and health education for youth; and a range of center-based activities, such as informal interactions in drop-in centers and parent support groups, and home visiting programs.
Laws, 1994, ch. 607, § 23, eff. 7/2/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 74, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 51 - FAMILY PRESERVATION ACT OF 1994 (§§ 43-51-1 — 43-51-9) › Section 43-51-5 - Department of Child Protection Services to engage in comprehensive planning process to develop and implement program of family support and family preservation services

(1)
The Department of Child Protection Services shall engage in a comprehensive planning process to develop, coordinate and implement a meaningful and responsive program of family support and family preservation services. The scope of planning shall address child welfare, housing, mental health, primary health, education, juvenile justice, community-based programs providing family support and family preservation services and other social programs that service children at imminent risk of placement and their families. In developing the plan, the department, in its discretion, may invite active participation from local consumers, practitioners, researchers, foundations, mayors, members of the Legislature and any available federal regional staff.
(2)
In addition to the family preservation and family support services defined in Section
41-51-3
, the Department of Child Protection Services shall offer a wide range of services, included, but not limited to, the following: crisis resolution; teaching measures to prevent the repeated occurrence of abuse, neglect and/or family conflict; education in parenting skills, child development, communication, negotiations and home maintenance skills; child and family advocacy; and job-readiness training.
Laws, 1994, ch. 607, § 24, eff. 7/2/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 75, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 51 - FAMILY PRESERVATION ACT OF 1994 (§§ 43-51-1 — 43-51-9) › Section 43-51-7 - Annual application for available federal funds

The Department of Child Protection Services shall apply annually for any available federal funds that may be used to defray the planning and service expenses, in all or in part, of this chapter, including, but not limited to, funds available under the Family First Prevention Services Act.
Laws, 1994, ch. 607, § 25, eff. 7/2/1994.
Amended by Laws, 2023, ch. 516, HB 1149,§ 76, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 51 - FAMILY PRESERVATION ACT OF 1994 (§§ 43-51-1 — 43-51-9) › Section 43-51-9 - [Repealed]

Laws, 1994, ch. 607, § 26, eff. 7/2/1994.
Repealed by Laws, 2023, ch. 516, HB 1149,§ 107, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 53 - MISSISSIPPI LEADERSHIP COUNCIL ON AGING (§§ 43-53-1 — 43-53-11) › Section 43-53-1 - Legislative findings

The Legislature hereby finds and declares that there are many efforts currently under way that seek to forge partnerships to coordinate criminal justice and social services approaches to victimization of senior citizens. The TRIAD program, sponsored by the National Sheriffs' Association (NSA), the International Association of Chiefs of Police (IACP) and the American Association of Retired Persons (AARP), is one such effort. This effort recognizes that senior citizens have the same fundamental desire as other members of our society to live freely, without fear or restriction due to the criminal element, and that the state should seek to expand efforts to reduce crime against this growing and uniquely vulnerable segment of our population.
It is the intent of the Legislature, therefore, to promote a coordinated effort among law enforcement and social services agencies to stem the tide of violence against senior citizens and to support media and non-media strategies aimed at increasing both public understanding of the problem and the senior citizens' skills in preventing crime against themselves and their property, and to address the problem of crime against senior citizens in a systematic and effective manner by promoting and expanding collaborative crime prevention programs, such as the TRIAD model, that assist law enforcement agencies and senior citizens in implementing specific strategies for crime prevention, victim assistance, citizen involvement and public education.
Laws, 1996, ch. 435, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 53 - MISSISSIPPI LEADERSHIP COUNCIL ON AGING (§§ 43-53-1 — 43-53-11) › Section 43-53-3 - Membership, powers, duties and responsibilities of Leadership Council on Aging

(1)
Establishment of the council. There is hereby established within the Office of the Governor the Mississippi Leadership Council on Aging, hereafter in this chapter the "council."
(2)
Membership of the council:
(a)
The council shall consist of a representative of the Department of Public Safety to be appointed by the Commissioner of Public Safety;
(b)
Two (2) representatives of the Mississippi Sheriff's Association, to be elected by the Sheriff's Association;
(c)
Two (2) representatives of the Mississippi Association of Chiefs of Police, to be elected by the Association of Chiefs of Police;
(d)
One (1) representative of the Mississippi Department of Human Services, Division of Aging and Adult Services, to be appointed by the Executive Director of the Department of Human Services;
(e)
Two (2) representatives of the American Association of Retired Persons, to be elected by Mississippi AARP Executive Committee;
(f)
Two (2) representatives from community volunteer councils on aging, to be appointed by the Office of the Governor;
(g)
One (1) representative from the Office of the Attorney General, Crime Prevention Unit, to be appointed by the Attorney General; and
(h)
Two (2) representatives from the aging advocate network, to be appointed by the Lieutenant Governor.
(3)
In the performance of its functions, the council shall, to the extent possible, solicit the participation and involvement of retired law enforcement personnel.
(4)
The council shall elect a chairperson by a majority vote of the membership.
(5)
Members of the council shall serve until the appropriately designated person in each representative organization selects another representative, and all persons on the council shall be subject to the advice and consent of the Senate.
(6)
Membership on the council shall not constitute the holding of a public office, and members of the council shall not be required to take and file oaths of office before serving on the committee.
(7)
The members of the committee shall receive no compensation for their services as members.
(8)
No member of the council shall be disqualified from holding any public office or employment nor shall any member forfeit any employment or office by reason of his membership on the council.
(9)
The council shall meet as often as deemed necessary, but in no event less than four (4) times annually. The chairman shall call the first meeting of the council no later than October 1996. A majority of the membership shall constitute a quorum for conducting business.
Laws, 1996, ch. 435, § 2, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 53 - MISSISSIPPI LEADERSHIP COUNCIL ON AGING (§§ 43-53-1 — 43-53-11) › Section 43-53-7 - Coordination, development and delivery of training to law enforcement professionals in TRIAD program

In addition to any other powers conferred upon the council elsewhere or by other law, the council shall assist in the coordination, development and delivery of training to law enforcement professionals involved in the "TRIAD Programs," including, but not limited to, the following subjects:
(a)
Crimes against the elderly and the protection of elderly persons.
(b)
Police sensitivity to the needs of elderly persons as victims, as witnesses or as victims of "vicarious victimization" which conditions impair their quality of life.
(c)
Monitoring of all reported cases of elder abuse within the state.
(d)
Availability of social/human services.
Laws, 1996, ch. 435, § 4, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 53 - MISSISSIPPI LEADERSHIP COUNCIL ON AGING (§§ 43-53-1 — 43-53-11) › Section 43-53-9 - Council on Aging not to impede Vulnerable Adults Act

The establishment of the Mississippi Leadership Council on Aging shall not impede the intent of the Vulnerable Adults Act of 1986 as provided in Section
43-47-1
, et seq.
Laws, 1996, ch. 435, § 5, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 53 - MISSISSIPPI LEADERSHIP COUNCIL ON AGING (§§ 43-53-1 — 43-53-11) › Section 43-53-11 - Mississippi Leadership Council on Aging Fund

Assessments collected under Section
99-19-73(1)
for the Mississippi Leadership Council on Aging Fund, and any contributions, grants or donations from any other source, shall be deposited in a special fund created in the State Treasury and so designated. Monies deposited in this fund shall be expended by the Mississippi Leadership Council on Aging as authorized and appropriated by the Legislature to defray the cost of coordinating crime prevention for the elderly and carrying out such other duties and responsibilities as provided in this chapter. The fund shall be a non-lapsing, revolving special trust fund, and interest earned on the principal shall be credited to the fund. Expenditures from the fund shall be made upon requisition by the Mississippi Leadership Council on Aging.
Laws, 1997, ch. 574, § 1, eff. 7/2/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-1 - Definitions

As used in this chapter:
(a)
"Commission" means the Mississippi Commission for Volunteer Service established in Section
43-55-3
.
(b)
"Community-based agency" means that term as defined in Section 101 of Title I, 42 USCS 12511.
(c)
"Corporation" means the Corporation for National and Community Service established in Section 191 of Title I, 42 USCS 12651.
(d)
"National service laws" means that term as defined in Section 101 of Title I, 42 USCS 12511.
(e)
"Out-of-school youth" means that term as defined in Section 101 of Title I, 42 USCS 12511.
(f)
"Title I" means Title I of the National and Community Service Act of 1990, Public Law 101-610.
Laws, 1996, ch. 438, § 1; reenacted without change, Laws, 1997, ch. 355, § 1, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-3 - Establishment and designation of Commission for National Community Service

The Mississippi Commission for National and Community Service, established by Executive Order No. 1994-742, is hereby designated as the State Commission for Volunteer Service within the institutions of higher learning, established to encourage community service and volunteer participation as a means of community and state problem-solving; to promote and support voluntary citizen involvement in government and private programs throughout the state; to provide a means by which the state may develop a coordinated, unified plan in response to the National and Community Service Act of 1990, as amended by the National and Community Service Trust Act of 1993; to develop a long-term, comprehensive vision and plan of action for community service initiatives in Mississippi primarily focused in the areas of education, public safety, human needs and the environment; and to serve as the state's liaison to national and state organizations that support its mission.
Laws, 1996, ch. 438, § 2; reenacted without change, Laws, 1997, ch. 355, § 1, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-7 - Commission functions

(1)
The voting members of the commission shall elect one (1) of the voting members to serve as chairperson of the commission. The voting members of the commission may elect other officers from among the members of the commission.
(2)
The commission shall meet quarterly. However, the commission shall meet more frequently at the call of the chairperson or if requested by five (5) or more members.
(3)
A majority of the members of the commission constitutes a quorum for the transaction of business at a meeting of the commission. A majority of the voting members present and serving are required for official action of the commission.
(4)
Except as provided in subsection (5), a voting member of the commission shall not participate in the administration of the grant program described in Section
43-55-13(s)
, including any discussion or decision regarding the provision of assistance or approved national service positions, or the continuation, suspension, or termination of assistance or such positions, to any program or entity if both of the following apply:
(a)
A grant application relating to the grant program is pending before the commission.
(b)
The application was submitted by a program or entity of which a member is, or in the one-year period before the submission of such application was, an officer, director, trustee, full-time volunteer, or employee.
(5)
If, as a result of the operation of subsection (4), the number of voting members of the commission is insufficient to establish a quorum for the purpose of administering the grant program described in Section
43-55-13(s)
, the voting members excluded from participation by subsection (4) may participate in the administration of the grant program, to the extent permitted by regulations issued by the corporation under Section 193A(b)(11) of Title I, 42 USCS 12651d.
(6)
Subsection (4) does not limit the authority of any voting member of the commission to participate in either of the following:
(a)
The discussion of, and hearing and forums on the general duties, policies, and operations of, the commission or the general administration of the grant program described in Section
43-55-13(s)
.
(b)
Similar general matters relating to the commission.
(7)
The business which the commission may perform shall be conducted at a public meeting of the commission held in compliance with the open meetings act.
(8)
A writing prepared, owned, used, in possession of, or retained by the commission in the performance of an official function is subject to the Freedom of Information Act.
Laws, 1996, ch. 438, § 4; reenacted without change, Laws, 1997, ch. 355, § 4, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-9 - Composition of commission

Members of the commission shall serve without compensation. However, members of the commission may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the commission.
Laws, 1996, ch. 438, § 5; reenacted without change, Laws, 1997, ch. 355, § 5, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-11 - Commission staff; executive director

The commission shall have staff necessary for the commission to perform its functions. The commission staff shall include an executive director. The executive director shall report directly to the commission for the purpose of giving and making recommendations on programs and laws related to volunteerism and community service.
Laws, 1996, ch. 438, § 6; reenacted without change, Laws, 1997, ch. 355, § 6, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-15 - Prohibition against carrying out national service program receiving assistance

The commission shall not directly carry out any national service program that receives assistance under Section 121 of Title I, 42 USCS 12571.
Laws, 1996, ch. 438, § 8; reenacted without change, Laws, 1997, ch. 355, § 8, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-17 - Delegation of nonpolicy making duties

Subject to requirements prescribed by the corporation, the commission may delegate nonpolicy making duties to a state agency or to a public or private nonprofit organization.
Laws, 1996, ch. 438, § 9; reenacted without change, Laws, 1997, ch. 355, § 9, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-19 - Commission to comply with requirements of federal law

The commission shall comply with all requirements of federal law, including but not limited to requirements of coordination with other state agencies or with volunteer service programs.
Laws, 1996, ch. 438, § 10; reenacted without change, Laws, 1997, ch. 355, § 10, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 55 - MISSISSIPPI COMMISSION FOR NATIONAL AND COMMUNITY SERVICE (§§ 43-55-1 — 43-55-29) › Section 43-55-21 - State cooperation with commission

State departments and agencies shall cooperate with the commission in the performance of its functions.
Laws, 1996, ch. 438, § 11; reenacted without change, Laws, 1997, ch. 355, § 11, eff. 3/17/1997.