reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › STATUTORY SSBG GOALS & OBJECTIVES

Current through June 25, 2024
SSBG NATIONAL GOALS
* Achieving or maintaining economic self-support to
					 prevent, reduce or eliminate dependency
* Achieving or maintaining self-sufficiency, including
					 reduction or prevention of dependency
* Preventing or remedying neglect, abuse, or exploitation
					 of children and adults unable to protect their own interest or preserving,
					 rehabilitating, or reuniting families
* Preventing or reducing inappropriate institutional care
					 by providing for community-based care, home-based care, or other forms of less
					 intensive care
* Securing referral or admission for institutional care
					 when other forms of care are not appropriate or providing services to
					 individuals in institutions.
GOALS AND
					 OBJECTIVES
These goals and objectives will serve as a framework for
					 the administration of the Social Services Block Grant for Fiscal Year
					 2016.
Services
* Social Services Block Grant funds shall be used to
					 support those services as agreed to by the State Of Mississippi in accordance
					 with federal and state laws.
* The emphasis of the Social Services Block Grant will be
					 on prioritizing services of protection, services that have long-term impact to
					 reduce dependency and enhance self-sufficiency, and services that support
					 vulnerable populations enabling them to remain in their home and community,
					 thereby avoiding or reducing institutionalization.
* Federally earmarked funds, under the Social Services
					 Block Grant, will be used for services as stated in the federal regulations and
					 will not be subject to the full allocation process.
* Service coordination and joint working goals and
					 objectives among various agencies will be emphasized and encouraged.
The following broad service categories shall govern all
					 service activities supported by the Social Services Block Grant allocations for
					 Fiscal Year 2015.
*
Self-Sufficiency
:
Social support services which directly relate to decreased government or
					 non-government assistance in daily living.
*
Protection
:
Social support services which are essential to the protection or well-being of
					 an individual or family.
*
Maintenance
:
Social support services which are necessary to allow an eligible individual to
					 maintain an existing standard of living.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › STATE ENTITIES AND FUNDED SERVICES

Current through June 25, 2024
STATE ENTITIES
Mississippi Department of Human Services
* Division of Aging and Adult Services
* Division of Family and Children's Services
* Division of Youth Services
FUNDED SERVICES
The social services funded are based on agency requests,
					 service priorities and divided into the following broad services categories:
SELF-SUFFICIENCY
PROTECTION
Adoption
Protective Services, Child
Residential Treatment
Prevention of Abuse/Neglect
Homemaker
Emergency Shelter, Child
Family Development
Protective Services, Adult
Interstate Services for Children
Ombudsman
Foster Care
Residential Treatment
Intensive Crisis Intervention
Placement for Children
Protective Services-Child Investigation
Interstate Services
Centralized Statewide Intake
MAINTENANCE
Homemaker/Home Health Aide
Home Delivered Meals
Day Care, Adult
Respite Care
Case Management - Aging & FCS
Transportation
Information and Referral
Aging & Disability Resource Center
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › ELIGIBILITY CRITERIA AND INCOME GUIDELINES

Current through June 25, 2024
The eligibility criteria for specific services to be
					 provided with Social Services Block Grant (SSBG) funds are referenced in the
					 service definitions. More detailed information is provided below.
Eligibility is determined by agencies throughout the
					 state. The Mississippi Department of Human Services is represented in all
					 counties. The Division of Aging and Adult Services has ten Area Agencies on
					 Aging representing all counties within the state.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › MDHS AGING AND ADULT SERVICES PROGRAM OVERVIEW

Current through June 25, 2024
MDHS - DIVISION OF AGING AND ADULT SERVICES
					 (DAAS)
Services target Mississippians age 60 and older whose
					 socio-economic, functional, and/or geographic isolation places him or her in a
					 frail, vulnerable target level on the DAAS Client Screening Form.
Adult Protective Services (APS) protects the rights of
					 vulnerable adults who may be victims of abuse, neglect or exploitation as
					 defined in Mississippi's Vulnerable Adults Act. APS services are targeted to
					 Mississippians age 18 and older who are reported as alleged victims of
					 vulnerability.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › MDHS FAMILY AND CHILDRENS SERVICES PROGRAM OVERVIEW

Current through June 25, 2024
MDHS - DIVISION OF FAMILY AND CHILDREN'S
					 SERVICES
All services of the Division of Family and Children's
					 Services are provided
without regard to income
, and
					 are based upon the individual's "need" for the service, and on the individual's
					 inclusion as an eligible individual as defined by the Definition of Service.
					 "Need" for a particular service implies that the provision of that service will
					 assist the individual or members of his family to advance toward the
					 achievement of one of the program goals. The worker assessment includes the
					 determination of whether or not the individual requesting service is unable to
					 provide the service for him/her and has no friends or relatives who are able
					 and willing to provide this service for him/her.
Without Regard to
					 Income
Some services may be provided on the basis of need alone.
					 These services are Adoption, Case Management, Placement Services, and
					 Prevention of Neglect/Abuse.
Income Maintenance
					 Status
Individuals eligible under Income Maintenance Status
					 include:
1. Recipients of TANF and
				  persons whose needs are considered in determining the needs of TANF recipients.
				  Children, on whose behalf adoption assistance under Title IV-E is paid, are
				  considered to be eligible as if they were a TANF recipient.
2. Recipients of Supplemental Security Income
				  Benefits or State Supplementary Payments.
3. Individuals other than those described
				  above, whose income is at or below 200 percent of the poverty level income
				  based on family size will be eligible for all services without a fee.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › BUDGET INFORMATION

Current through June 25, 2024
PROPOSED BUDGET
					 INFORMATION
The State of Mississippi anticipates receiving a final
					 award of
$14,827,833.00
in Social
					 Services Block Grant (SSBG) funds for Fiscal Year 2016.
Funds were divided among the following
					 agencies:
AGENCY
MDHS-Division of Aging and Adult
								Services..............................
$5,972,362
MDHS-Division of Family and Children's
								Services.....................
$4,799,426
MDHS-Division of Youth
								Services...............................................
$1,974,199
TOTAL SERVICE
								DOLLARS..................................................
$12,745,987
Administration Fees:
Department of Human Services
								Administration...........................
$497,350
MDHS-Division of Aging and Adult
								Services..........................
$848,051
MDHS-Division of Youth
								Services..........................................
$6,000
TOTAL ADMINISTRATION
								DOLLARS.........................................
$1,351,401
*UNOBLIGATED
								FUNDS....................................................................
$730,445
TOTAL SSBG
								FUNDS.....................................................................
$14,827,833
TOTAL TANF TRANSFER
								...............................................................
$8,676,758
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › DOCUMENTATION OF PRE-EXPENDITURE REPORT

Current through June 25, 2024
DOCUMENTATION OF PRE-EXPENDITURE REPORT
					 REVIEW
Single Audit Information
					 Service
dated November 1990, under
Section D. Special Reporting Requirements, page 310, tab
					 1100
,
provides an opportunity for public comments to be
					 offered before the Pre-Expenditure Report, or a DESCRIPTION of the intended
					 uses of the Social Services Block Grant funds, would be considered complete.
					 The regulations also provide that the manner in which a state obtains public
					 comments are at the state's discretion as long as statutory requirements are
					 met. The State of Mississippi allows public comment in accordance with Miss.
					 Code Annotated 25-43-3.103.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › AUDITS AND REPORTING

Current through June 25, 2024
The Mississippi Department of Human Services (MDHS),
					 Division of Budgets and Accounting (DBA), has the responsibility for ensuring
					 audit coverage of all funds administered by the Social Services Block Grant
					 (SSBG). The SSBG will be audited in accordance with the Single Audit Act of
					 1996. Under this Act the recipients of SSBG funds will be audited by the State
					 Auditor or by a CPA firm selected by the State Auditor. MDHS will ensure the
					 audit is in compliance with the federal regulations and will be based on the
					 State Fiscal Year ending June 30, conforming to the following guidelines:
1. Generally Accepted Auditing
				  Standards as set forth by the American Institute of Certified Public
				  Accountants (AICPA).
2. The
				  General Accounting Office (GAO) 'Government Auditing Standards', 1988 (the
				  Yellow Book).
3. Specific grant
				  compliance requirements contained in the OMB Circular A-133 Compliance
				  Supplement issued by the Office of Management and Budget.
4. The provision of the Single Audit Act of
				  1996 and the provision of U.S. Office of Management and Budget (OMB) Circular
				  A-122, Audits of State and Local Government.
REPORTING
As directed by the U. S. Department of Health and Human
					 Services, the annual post expenditure report on activities conducted under the
					 Social Services Block Grant during FFY 2015 will be submitted in March of 2016.
All financial information is maintained by the Division of
					 Budgets and Accounting within the Mississippi Department of Human Services.
					 Final costs for the Annual Report of Services beginning October 1 through
					 September 30 of each year will be submitted in a timely manner in a format
					 acceptable to the U.S. Department of Health and Human Services.
STANDARD ASSURANCES AND CERTIFICATIONS
OVERVIEW
Each sub grantee and any lower-tier sub recipient must
					 assure that it will comply with the regulations, policies, guidelines, and
					 requirements imposed by the federal grantor agency and MDHS. The MDHS sub
					 grantee must also ensure that any lower-tier sub grants it issues through funds
					 received from MDHS will require the lower-tier sub recipient to comply with
					 these same regulations. The assurances listed in this section may not be
					 applicable to a particular project or program, and there may be additional
					 assurances required by certain federal awarding agencies.
In addition, each sub grantee must certify in writing that
					 it will comply with the following regulations:
* Lobbying
* Suspension and Debarment
* Drug-Free Workplace
* Unresolved Monitoring and Audit Findings
* Fidelity Bond Coverage
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › CERTIFICATION FORM DRUG-FREE WORKPLACE

Current through June 25, 2024
CERTIFICATIONS FORM FOR DRUG-FREE WORKPLACE
The sub grantee may insert in the space provided below the
					 site(s) for the performance of work done in connection with the specific sub
					 grant. Check
X
if there are workplaces on file that
					 are not identified here:
Place of Performance (street address, city, county, state,
					 zip code)
750 North State Street
Jackson, MS 39202
Hinds County
DRUG-FREE WORKPLACE (SUBGRANTEES WHO ARE
					 INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988 -
A. As a condition of the sub grant. I
				  certify that I will not engage in the unlawful manufacture, distribution,
				  dispensing, possession, or use of a controlled substance in conducting any
				  activity with the sub grant; and,
B. If convicted of a criminal drug offense
				  resulting from a violation occurring during the conduct of any sub grant
				  activity, I will report the conviction, in writing, within 10 calendar days of
				  the conviction, to MDHS.
As duly authorized representative of the sub grantee, I
					 hereby certify that the sub grantee will comply with the above certifications.
SUBGRANTEE NAME AND ADDRESS:
Mississippi Department of Human
					 Services
750 North State Street, Jackson, MS
					 39202
TYPED NAME AND TITLE OF AUTHORIZED
					 REPRESENTATIVE:
Leigh Washington, Director, Office of
					 Social Services Block Grant
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					 Here To View Image
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 21 - Social Services Block Grant (SSBG) › Chapter 1 - Social Services Block Grant (SSBG) › Rule 18-21-1-21.1 - Social Services Block Grant (SSBG) State Plan › COMMENTS

Current through June 25, 2024
See attached
1.
Attachment 1 - Public Notice for FFY
				  2015
2.
Attachment
				  2
3.
Attachment 3 -
				  Comments
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.1 - Authority and Purpose

Current through June 25, 2024
A. The purpose of
				this policy is to establish the procedures the Mississippi Department of Human
				Services (MDHS) will follow in order to provide full access to public records.
				These rules provide information to persons wishing to request access to public
				records of MDHS and establish processes for both requestors and MDHS staff that
				are designed to best assist members of the public in obtaining such
				access.
B. "It is the policy of
				this state that public records shall be available for inspection by any person
				unless otherwise provided by this chapter; furthermore, providing access to
				public records is a duty of each public body and automation of public records
				must not erode the right of access to those records. As each public body
				increases its use of, and dependence on, electronic record keeping, each public
				body must ensure reasonable access to records electronically maintained,
				subject to records retention." Miss. Code Ann. §
									25-61-2.
C. Adopted in compliance with the Mississippi
				Public Records Act of 1983, Miss. Code Ann. §
									25-61-1
thru
25-61-19, and the Mississippi Ethics Commission's Model
				for Public Records Rules. All records and portions of records not exempt from
				disclosure will be made available in accordance with the procedures outlined
				below. The act and these rules will be interpreted in favor of
				disclosure.
D. "All public records
				are hereby declared to be public property, and any person shall have the right
				to inspect, copy or mechanically reproduce or obtain a reproduction of any
				public record of a public body in accordance with reasonable written procedures
				adopted by the public body concerning the cost, time, place and method of
				access, and public notice of the procedures shall be given by the public body."
				Section
				25-61-5,
				Miss. Code of 1972.
E. The Act
				defines "public record" to include "all books, records, papers, accounts,
				letters, maps, photographs, films, cards, tapes, recordings or reproductions
				thereof, and any other documentary materials, regardless of physical form or
				characteristics, having been used, being in use, or prepared, possessed or
				retained for us in the conduct, transaction or performance of any business,
				transaction, work, duty or function of any public body, or required to be
				maintained by any public body." Section
				25-61-3(b).
Miss. Code Ann. §
										25-61-2,
				  §
										25-61-5,
				  §
										25-61-3(b)
										§
										43-1-5(1)
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.2 - Public body description-Contact information-Public records officer

Current through June 25, 2024
A. The Mississippi Department of Human
				Services (MDHS) is dedicated to offering Mississippians young and old tangible
				help today to create lasting hope for tomorrow. The agency seeks to empower
				families so they can become self-sufficient and responsible for their future
				success. MDHS consists of the following Divisions:
1. Economic Assistance Eligibility
2. Aging and Adult Services
3. Youth Services
4. Community Services
5. Child Support
6. Early Childhood Care and
				Development
7. Workforce
				Development and Partner Management
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.3 - Availability of Public Records

Current through June 25, 2024
A.
Hours for
				inspection of records
. Public records are available for inspection and
				copying during normal business hours at MDHS, Monday through Friday, 8:00 a.m.
				to 5:00 p.m., excluding state/legal holidays. Records must be inspected at the
				office of MDHS. The time, place and manner of inspection and copying of records
				will not be allowed to interfere with other essential duties of MDHS.
B.
Organization of records.
MDHS
				will maintain its records in a reasonably organized manner, subject to the
				rules of record retention. MDHS will take reasonable actions to protect records
				from damage and disorganization. A requestor shall not take MDHS records from
				MDHS offices. A variety of records including certain reports and data is
				available on the MDHS web site at
https://www.mdhs.ms.gov/media-news-room/
.
				Requestors are encouraged to view the documents available on the web site prior
				to submitting a records request.
C.
Making a request for public records.
Any person wishing to inspect
				or copy public records of MDHS should make the request in writing on the MDHS
				request form, or by letter, fax, or e-mail addressed to the Public Records
				Officer and include the following information:
1) Name of requestor;
2) Address of requestor;
3) Other contact information, including
				telephone number and any e-mail address;
4) Identification of the public records
				adequate for the Public Records Officer or Designee to locate the records;
				and
5) The date and time of day of
				the request.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.4 - Processing of public records requests - General

Current through June 25, 2024
A.
Acknowledging receipt of request.
Within seven (7) business days
				of receipt of the request, the Public Records Officer will do one or more of
				the following:
1) Make the records available
				for inspection, copying, or release;
2) If copies are requested and payment of a
				deposit for the copies, if any, is made or terms of payment are agreed upon,
				send the copies to the requestor;
3) Provide a reasonable estimate of when the
				records will be available;
4) If
				the request is unclear or does not sufficiently identify the requested records,
				request clarification from the requestor. Such clarification may be requested
				and provided by telephone however, the clarification will be confirmed in
				writing. The Public Records Officer Designee may revise the estimate of when
				records will be available; or
5)
				Deny the request.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.5 - Processing of public records requests - Electronic Records

Current through June 25, 2024
A.
Requesting electronic
				records.
The process for requesting electronic public records is the
				  same as for requesting paper public records.
B.
Providing electronic records.
When a requestor requests records in an electronic format,
				  the Public Records Officer will provide the nonexempt records or portions of
				  such records that are reasonably locatable in an electronic format that is used
				  by the Agency and is generally commercially available, or in a format that is
				  reasonably translatable from the format in which the public body keeps the
				  record.
C.
Customized
				access to data bases.
With the consent of the requestor, MDHS may
				provide customized access if the record is not reasonably locatable or not
				reasonably translatable into the format requested. MDHS may charge the actual
				cost for such customized access.
Miss. Code Ann. §
										25-61-3,
				  Miss Code Ann. §
										25-61-5
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.7 - Exemptions

Current through June 25, 2024
The Public Records Act, as well as other statutes and
				  caselaw, provide that a number of types of records are exempt from public
				  inspection and copying. In addition, other statutes or rules of law, such as
				  various privacy restrictions, may prohibit disclosure. If requested documents
				  are subject to such exemptions, the requestor will be notified in writing of
				  the specific exemption which applies and the record which is
				  exempt.
Miss Code Ann. §
										25-61-9,
				  §
										25-61-11-
				  11.2 Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.8 - Third Party Information

Current through June 25, 2024
A. When any person
				files or submits documents to MDHS which the filer contends are exempt from
				disclosure under the Public Records Act or other applicable statute or caselaw,
				the filer shall provide, along with the unredacted documents, a redacted copy
				which may be released immediately upon MDHS receipt of a public records request
				for said documents. The third party filer must also include with the redacted
				copy a written statement describing the documents filed and any exemption to
				disclosure which is claimed, specifically citing any statute or other legal
				authority in support of such designation. Such written statement shall itself
				be a public record subject to disclosure.
B. Upon request to inspect or copy any
				records submitted to MDHS by a third party, MDHS may immediately release any
				redacted copies submitted without notice to the third party filer. If the
				requestor states he or she would like to inspect unredacted records of third
				parties, MDHS shall notify in writing (or electronically by email) the contact
				designated by the third party that their records were requested, and give them
				twenty-one (21) days from the date of the notice to seek a court order of
				protection for any information contained in the records which may be
				proprietary or confidential. Twenty-one (21) days after such written notice,
				the document will be made available for public inspection or copying unless the
				third party filer shall have filed a petition seeking, or obtained a court
				order protecting such records as confidential pursuant to Section
				25-61-9,
				Miss. Code Ann. of 1972.
C. Any
				person filing or submitting documents to MDHS shall, prior to filing, redact
				from the documents any social security numbers, account numbers or dates of
				birth not required to be listed. MDHS shall determine on a case-by-case basis
				whether similar information may be redacted by the filer to prevent identity
				theft. In no event will MDHS bear any responsibility for a filer's failure to
				redact such information which leads to or may lead to identity theft or other
				crime or loss.
Miss Code Ann. §
										25-61-9
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.9 - Youth Services records

Current through June 25, 2024
A. In accordance
				with Section
				43-21-257(1)
				and
				43-21-261,
				Miss. Code of 1972 (2019), Youth Court records shall not be disclosed except
				pursuant to an order of the youth court specifying the person or persons to
				whom the records may be disclosed, the extent of the records which may be
				disclosed and the purpose of the disclosure. No requests for records of Oakley
				Youth Development Center will be filled unless accompanied by an order from the
				appropriate youth court providing for disclosure.
Miss Code Ann. §
										43-21-257(1);
				  §
										43-21-261
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.10 - Review of denials of public records

Current through June 25, 2024
A.
Petition for internal administrative review of denial of access.
Any person who objects to the initial denial or partial denial of a
				records request may petition in writing (including e-mail) to the Public
				Records Officer for a review of that decision. The petition should include a
				copy of, or reasonably identify, the written statement by the Public Records
				Officer or Designee denying the request.
B.
Consideration of petition for
				review.
The Public Records Officer must promptly provide the petition
				and any relevant information to the Compliance Officer for immediate
				consideration of the petition to either affirm or reverse the denial within two
				(2) business days following MDHS's receipt of the petition, or within such
				other time as MDHS and the requestor mutually agree.
C.
Review by the Ethics Commission.
Pursuant to Section
				25-61-13,
				if MDHS denies a requestor access to public records, the requestor may ask the
				Ethics Commission to review the matter. The Ethics Commission has adopted rules
				on such requests. They may be found at
www.ethics.ms.gov
.
D.
Judicial review.
Any person
				whose request for public records was denied may institute a suit in the
				Chancery Court of Hinds County, seeking to reverse the denial, as set forth in
				Section
				25-61-13.
Miss Code Ann. §
										25-61-13
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.11 - Public Information via the Internet

Current through June 25, 2024
Frequently requested information, including many standard
				  records are available free of charge on the MDHS website at
http://www.mdhs.ms.gov/
. In
				  addition, information on the state budget, expenditures, travel, contracts,
				  leases, workforce and grants is available free of charge at
www.transparency.ms.gov/
.
Miss Code Ann. §
										25-61-5
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 22 - Public Records Request › Chapter 1 - Rules for Assessing Public Documents › Rule 18-22-1.12 - Prescribed Form

Current through June 25, 2024
Form MDHS ADM-1000, Public Records Request Form, is the
				  prescribed form for making requests in conjunction with this policy. The form
				  may be found on the MDHS website at
https://www.mdhs.ms.gov/public-records-request/
.
Miss Code Ann. §
										43-1-5(1)
				  Revised: November 2020
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 1 - Overview › Rule 18-23-1.1 - Purpose

Current through June 25, 2024
The purpose of these rules is to establish the procedures and
				  guidelines the Mississippi Department of Human Services ("Agency") will follow
				  in order to effectively conduct administrative hearings and appeals pursuant to
				  State and Federal law.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 1 - Overview › Rule 18-23-1.2 - Authority

Current through June 25, 2024
The Agency has established an independent unit called the
				  Division of Administrative Hearings within the Office of the Inspector General
				  which shall be responsible for scheduling, conducting, and deciding
				  administrative hearings as mandated by Agency policy and State and Federal
				  law.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 1 - Overview › Rule 18-23-1.3 - Non-Discrimination

Current through June 25, 2024
The Division of Administrative Hearings complies with all
				  Federal and State regulations which prohibit discrimination on the basis of
				  race, color, age, sex, gender identification, national origin, religious creed,
				  disability, political beliefs or reprisal or retaliation for prior civil rights
				  activity as defined through the Civil Rights Act of 1964, the Rehabilitation
				  Act of 1973, the Age Discrimination Act of 1975, and the Americans with
				  Disabilities Act of 1990. All complaints of discrimination will be investigated
				  in accordance with Federal and State laws and regulations.
45 C.F.R. §
											80;
				  45 C.F.R. § 84;
				  45 C.F.R. §
											85;
				  45 C.F.R. § 90;
				  45 C.F.R. §
											91.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 1 - Overview › Rule 18-23-1.4 - Contact Information

Current through June 25, 2024
Address: Mississippi Department of Human Services
Office of the Inspector General
Administrative Hearings
200 South Lamar Street
P.O. Box 352
Jackson, MS 39201
Phone: 601-359-4921
Fax: 601-359-5047
Email: Admin.Hearings@mdhs.ms.gov
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 3 - The Hearing Officer › Rule 18-23-3.1 - Assignment of the Hearing Officer

Current through June 25, 2024
For all matters heard before the Division of Administrative
				  Hearings, the Division shall assign a Hearing Officer. The Hearing Officer
				  shall be an impartial decision maker who oversees the administration of the
				  matter. Hearing Officers shall be assigned for the following matters:
1. Programmatic Administrative
				Disqualification Actions, discussed in Chapter 5.
2. Programmatic Administrative Agency
				Appeals, discussed in Chapter 6.
3.
				Subgrant Administrative Agency Appeals, discussed in Chapter 7.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 CFR 273.15(m)(1);
				  7 C.F.R. §
											273.16(e)(2).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 3 - The Hearing Officer › Rule 18-23-3.2 - Authority of the Hearing Officer

Current through June 25, 2024
The Hearing Officer shall have delegated powers including,
				  but not limited to, the following:
1.
				To issue orders;
2. To administer
				oaths;
3. To call, hear, and
				examine witnesses;
4. To take steps
				necessary to conduct an orderly hearing;
5. To rule on requests and motions;
6. To dismiss cases for failure to meet
				deadlines and other requirements;
7. To vacate or stay a case for further
				action;
8. To waive or modify
				procedures with advance notice to parties;
9. To compile the record of the
				proceedings;
10. To render a
				decision; and,
11. To take any
				other actions necessary for the administration of the hearing.
The Hearing Officer shall not be required to follow the
				  Mississippi Rules of Evidence.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(m);
				  7 C.F.R. §
											273.15(n);
				  7 C.F.R. §
										273.16(e)(2).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 3 - The Hearing Officer › Rule 18-23-3.3 - Responsibilities of the Hearing Officer

Current through June 25, 2024
The Hearing Officer carries the following
				  responsibilities:
1. Adhering to the
				timelines imposed by Agency policy and State and Federal law;
2. Establishing the time, place, and nature
				of the hearing and providing reasonable notice of such to the
				parties;
3. Ordering and
				administering all pre-hearing procedures;
4. Establishing the hearing procedure to be
				used;
5. Managing the record and
				the case file; and,
6. Rendering a
				timely decision.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 CFR 273.15(m);
				  7 C.F.R. §
											273.16(e).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 3 - The Hearing Officer › Rule 18-23-3.4 - The Hearing Officer's Conduct of a Hearing

Current through June 25, 2024
The Hearing Officer shall conduct a hearing by doing the
				  following:
1. The Hearing Officer shall
				initiate a hearing and open the hearing record;
2. The Hearing Officer shall introduce
				themselves and describe the objective and structure of the hearing, including
				the order of the hearing and the manner of introducing evidence at the
				hearing;
3. The Hearing Officer
				shall introduce each party and all present individuals;
4. The Hearing Officer shall direct the
				parties in accordance with the structure of the hearing;
5. The Hearing Officer shall question the
				parties and any witnesses at will and shall ensure that all relevant issues
				have been considered;
6. The
				Hearing Officer shall adjourn the hearing once all argument and evidence have
				been presented; and,
7. If
				necessary, the Hearing Officer shall timely render a decision after the
				conclusion of the hearing.
Each party, witness, attorney, representative, or any other
				  person shall show proper dignity, courtesy, and respect for the Hearing Officer
				  and other participants. The Hearing Officer shall be empowered to maintain
				  proper decorum and conduct. Remedial actions may include removing an offending
				  participant or continuing the hearing to a later date.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(m);
				  7 C.F.R.
				  273.15(n);
				  7 C.F.R.
				  273.15(o);
				  7 C.F.R.
				  273.15(p);
				  7 C.F.R. §
										273.15(q);
				  7 C.F.R. §
											273.16(e)(2);
				  7 C.F.R. §
										273.16(e)(4).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 3 - The Hearing Officer › Rule 18-23-3.5 - Ex Parte Communications

Current through June 25, 2024
No party or other person directly or indirectly involved in
				  an Agency proceeding shall submit, to the Hearing Officer, any evidence,
				  argument, inquiry, or advice, whether written or oral, unless such submission
				  is made part of the record in the presence of all parties.
Ex parte
communications do not include
				  submissions concerning strictly procedural matters or Agency materials which
				  the Hearing Officer reviews in preparation for a hearing.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(m)(2);
				  7 C.F.R. §
											273.16(e)(2)(ii)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 3 - The Hearing Officer › Rule 18-23-3.6 - Submissions to the Hearing Officer

Current through June 25, 2024
Any submissions to the Division of Administrative Hearings
				  shall be sent via email to admin.hearings@mdhs.ms.gov unless otherwise directed
				  by these rules, the Hearing Officer, or Agency policy and State and Federal
				  law.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(p)(6);
				  7 C.F.R. §
											273.16(e)(2)(ii).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.1 - Entry of Appearance for Attorneys

Current through June 25, 2024
A party may be represented by an attorney in any proceeding
				  to be heard by the Division of Administrative Hearings. If a party is to be
				  represented by an attorney, said legal counsel must file a signed entry of
				  appearance with the Division that contains the attorney's name, Mississippi Bar
				  license, address, and telephone number.
Attorneys of record may withdraw representation upon the
				  order of the Hearing Officer.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(f);
				  7 C.F.R. §
											273.15(p)(2);
				  7 C.F.R. §
										273.16(e)(2)(ii).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.2 - Motions

Current through June 25, 2024
A party requesting a ruling or order from the Hearing Officer
				  shall submit a motion. All motions shall state the factual and legal grounds
				  supporting the motion and the requested action.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(e);
				  7 C.F.R. §
											273.15(j);
				  7 C.F.R. §
										273.15(l);
				  7 C.F.R. §
											273.16(e)(1);
				  7 C.F.R. §
										273.16(e)(4);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.3 - Time Limits for Motions

Current through June 25, 2024
Unless otherwise directed by the Hearing Officer or Agency
				  policy and State and Federal law, written motions shall be submitted to the
				  Hearing Officer at least ten (10) calendar days before a
				  hearing.
Miss. Code Ann.
				  43-1-2(4)(b); 18
				  Miss. Admin. Code Pt. 13, Ch. 13;
				  2 C.F.R. §
											200.342;
				  7 C.F.R.
				  273.15(c)(4);
				  7 C.F.R. §
											273.16(e)(1);
				  7 C.F.R. §
										273.16(e)(2)(iv);
				  7 C.F.R. §
											273.16(e)(4);
				  7 C.F.R. §
										273.16(f);
				  7 C.F.R. §
											273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.4 - Response to Motions

Current through June 25, 2024
A party shall submit a response objecting or responding to a
				  motion within five (5) calendar days of receipt of a motion, or as otherwise
				  directed by the Hearing Officer.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(e);
				  7 C.F.R. §
											273.15(j);
				  7 C.F.R. §
										273.15(l);
				  7 C.F.R. §
											273.16(e)(1);
				  7 C.F.R. §
										273.16(e)(4);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.5 - Rulings on Motions

Current through June 25, 2024
Rulings on motions, other than those made during a prehearing
				  conference or a hearing, shall be in writing and submitted to all
				  parties.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(e);
				  7 C.F.R. §
											273.15(j);
				  7 C.F.R. §
										273.15(l);
				  7 C.F.R. §
											273.16(e)(1);
				  7 C.F.R. §
										273.16(e)(4);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.6 - Consolidation or Severance of Matters

Current through June 25, 2024
A Hearing Officer may consolidate pending matters if they
				  involve substantially similar factual or legal issues or all parties are the
				  same. The Hearing Officer may consolidate or sever matters on their own action
				  or upon granting a timely motion by a party. If different Hearing Officers are
				  assigned to the matters pending consolidation, the motion shall be submitted to
				  the Hearing Officer assigned to the matter with the earliest scheduled hearing
				  date. The appropriate Hearing Officer shall send a written ruling granting or
				  denying consolidation to all parties, identifying the cases, the reasons for
				  the decision, and notification of any consolidated prehearing conferences or
				  consolidated hearings.
The Hearing Officer may sever consolidated matters to further
				  administrative convenience or to avoid undue prejudice. The Hearing Officer may
				  sever consolidated matters upon their own action or upon granting a timely
				  motion by a party.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(e);
				  7 C.F.R. §
											273.16(e)(1).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.7 - Continuing, Expediting, or Reconvening a Hearing

Current through June 25, 2024
A Hearing Officer may continue, expedite, or reconvene a
				  hearing. The Hearing Officer may continue, expedite, or reconvene a hearing
				  upon their own action or upon granting a timely motion by a party. For all
				  non-Agency parties, the Hearing Officer shall only grant one (1) motion for a
				  continuance. All additional motions for continuances made by non-Agency parties
				  shall be denied. When ruling on a motion for a continuance or expedition, the
				  Hearing Officer shall consider factors such as, but not limited to, the
				  following:
1. The time remaining
				between the submission of the motion and the hearing date;
2. The position of other parties;
3. The reasons for expediting the hearing or
				the unavailability of the moving party on the date of the scheduled
				hearing;
4. Whether testimony can
				be taken telephonically; and,
5.
				The status of settlement negotiations, if permissible.
The Hearing Officer may recess a hearing and reconvene at a
				  future date by a verbal ruling. If a hearing is continued, the time frames for
				  rendering decisions described in
Rule
				  5.7 Programmatic Administrative
				  Disqualification Action Decision and Rule
				  6.9 Programmatic Administrative Agency
				  Appeal Decision
shall be extended for as many days as the hearing is
				  continued.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R. §
										273.15(c)(4);
				  7 C.F.R. §
											273.16(e)(4).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.8 - Vacating a Hearing

Current through June 25, 2024
The Hearing Officer shall vacate a hearing if:
1. The parties agree to vacate the
				hearing;
2. The Agency dismisses
				the matter;
3. The non-Agency party
				withdraws their appeal; or,
4.Pursuant to
Rule
				5.6 Failure to Appear at a
				Programmatic Administrative D4.isqualification Action
, the Hearing
				Officer determines that a Client had good cause for their failure to appear at
				a Programmatic Administrative Disqualification Action.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R.
				  273.15(j);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.9 - Pre-Hearing Conferences

Current through June 25, 2024
The Hearing Officer may hold a prehearing conference at a
				  time and manner established by the Hearing Officer. The conference may be held
				  telephonically. The Hearing Officer may issue a prehearing order outlining the
				  issues to be discussed. The Hearing Officer shall oversee the discussion of
				  topics including, but not limited to, the following:
1. Identification, simplification, and
				clarification of the issues underlying the hearing;
2. Explanation of procedures, establishment
				of dates for the hearing, and explanation of the role of the parties,
				representatives, and the Hearing Officer;
3. Stipulations and admissions of fact and
				the content and authenticity of documents;
4. Disclosure of the number and identities of
				witnesses;
5. Exploration of the
				possibility of settlement, if permissible; and,
6. Identification of other such matters that
				promote the orderly and prompt conduct of the hearing.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R.
				  273.15(j);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 23 - Division of Administration Hearings › Chapter 4 - Pre-Hearing Matters › Rule 18-23-4.10 - Pre-Hearing Statements

Current through June 25, 2024
The Hearing Officer may require all parties to submit a
				  pre-hearing statement at a time and manner established by the Hearing Officer.
				  The pre-hearing statement may discuss, but is not limited to, the following
				  topics:
1. Issues involved in the
				hearing;
2. Stipulated facts,
				together with an acknowledgment that the parties have communicated in a good
				faith effort to reach said stipulations;
3. Facts in dispute;
4. Witnesses and exhibits to be presented,
				including any stipulations relating to the authenticity of documents and the
				qualifications of witnesses as experts;
5. A brief statement of applicable
				law;
6. The conclusions to be drawn
				by the Hearing Officer; and,
7. The
				estimated time required for the presentation of the case.
Miss. Code Ann.
				  43-1-2(4)(b);
				  2 C.F.R. §
											200.342;
				  7 C.F.R.
				  273.15(j);
				  7 C.F.R. §
											273.16(f);
				  7 C.F.R. §
										273.16(h).