Title 43, Public Welfare

(a) The provisions of this article do not apply to:(a) A facility or program owned or operated by an agency of the State of Mississippi or United States government;(b) A facility or program operated by or under an exclusive contract with the Department of Corrections;(c) Schools …

(1) If a license is revoked, the department may grant a new license after:(a) Satisfactory evidence is submitted to the department, evidencing that the conditions upon which revocation was based have been corrected; and(b) Inspection and compliance with all provisions of this art…

(1) The department may, for the purpose of ascertaining compliance with the provisions of this article and its rules and regulations, enter and inspect on a routine basis the facility of a licensee. (2) Before conducting an inspection under subsection (1), the department shall, a…

(1) Except as provided in this article, no person, agency, firm, corporation, association or group children’s home may engage in child placing, or solicit money or other assistance for child placing, without a valid license issued by the department. No out-of-state child-placing …

(1) If the department finds that a violation has occurred under this article or the rules and regulations of the department, it may:(a) Deny, suspend or revoke a license or place the licensee on probation, if the department discovers that a licensee is not in compliance with the …

In addition to, and notwithstanding, any other remedy provided by law, the department may, in a manner provided by law and upon the advice of the Attorney General who, except as otherwise authorized in Section 7-5-39, shall represent the department in the proceedings, maintain an…

Any person, agency, association, corporation, institution, society or other organization violating the provisions of this article shall be guilty of illegal placement of children and shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment no…

The department and/or its officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken pursuant to this article.

(1) An emergency medical services provider, without a court order, shall take possession of a child who is forty-five (45) days old or younger if the child is voluntarily:(a) Delivered to the provider;(b) Placed in a baby safety device that is sponsored by an emergency medical se…

(1) No later than the close of the first business day after the date on which an emergency medical services provider takes possession of a child pursuant to Section 43-15-201, the provider shall notify the Department of Child Protection Services that the provider has taken posses…

It shall be an absolute affirmative defense to prosecution under Sections 97-5-1, 97-5-3 and 97-5-39 if the parent or a person designated by the parent voluntarily delivers the child unharmed to an emergency medical services provider pursuant to this article.

(a) For the purposes of this article, the following words shall have the meanings described herein:(a) “Emergency medical services provider” means a licensed hospital, as defined in Section 41-9-3, which operates an emergency department, an adoption agency duly licensed by the De…

A person, entity, county or municipality taking possession of a child under the provisions of this article shall be immune from liability for any civil action arising out of any act or omission resulting from taking possession of the child unless the act or omission was the resul…

(1) Any emergency services provider that installs a baby safety device shall post signage that is approved by the Department of Child Protection Services at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the surren…

(a) As used in this article, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:(a) (i) “Child care service” means any school, business or volunteer service that is:1. Licensed by the state to perform child care;…

(1) A child care service employer offering or conducting a child care service:(a) Shall not employ or permit to volunteer an applicant who is listed on the sex offender registry as a sex offender under Section 45-33-25; and(b) Shall not knowingly employ or permit to volunteer an …

A person required to register as a sex offender under Section 45-33-25 may not own or operate a child care service. Any person who is required to register as a sex offender under Section 45-33-25 who knowingly owns or operates a child care service is guilty of a felony, and upon …

(1) A person required to register as a sex offender under Section 45-33-25 may not be employed by or volunteer at a child care service. Any person who is required to register as a sex offender under Section 45-33-25 who knowingly undertakes employment or volunteer service with a …

(1) Law enforcement agencies in this state shall adopt written policies that specify the procedures to be used to investigate reports of missing children. The policies must ensure that cases involving missing children are investigated promptly using appropriate resources and are …

This article shall be known and may cited as the “Foster Youth Earned Benefits Protection for Success Act”.

(1) For all children in the care and custody of the Department of Child Protection Services (CPS), which may also be referred to as “department” throughout this article, the department shall determine within sixty (60) days after entry into care whether each child is receiving or…

(1) If a child is already receiving earned federal benefits before entering CPS, or if CPS applies for benefits on behalf of the child, the department shall, in consultation with the child and the child’s attorney, identify an appropriate representative payee consistent with Titl…

(1) CPS shall provide written notice to the child, the child’s parents (unless parental rights have been terminated), the child’s guardian, the child’s current placement, and the child’s attorney of any application for benefits, decision, appeal, or appellate determination relate…

CPS shall review each case annually to determine whether a child in care has become newly eligible for earned federal benefits after the department’s initial determination.

(1) CPS shall develop and implement a Success Sequence Savings and Disbursement Plan for each child with conserved earned benefits. (2) Under the plan, a child may access a portion of conserved benefits upon completion of specific milestones that promote independence and financia…

(a) Upon termination of CPS’s custody or legal responsibility for the child, the department shall release any remaining conserved funds as follows:(a) To the child, if the child is at least eighteen (18) years of age or emancipated; or(b) To the person responsible for the child, …

CPS may adopt rules consistent with federal law to implement this article, including rules governing account management, milestone disbursements, reporting, financial literacy education, and oversight.

This chapter may be cited as the “Child Residential Home Notification Act.”

(1) Acknowledgement of notification shall be issued by the department upon the filing of a properly completed notification form accompanied by (a) a certificate of inspection and approval by the fire department of the municipality or other political subdivision in which the home …

Each child residential home shall file monthly reports with the department, on forms provided by the department. Said monthly report shall indicate any changes in the notification information originally provided in accordance with Section 43-16-9 which have occurred, if any. The …

The department once a year shall make or cause to be made inspections limited to health, nutrition, cleanliness, sanitation, written medical records for children, discipline policy, family communication policy and required criminal checks of all child residential homes. Reasonabl…

Every child residential home shall have a written discipline policy and written family communication policy which shall be approved in writing, if possible, by the parent(s) or guardian(s) of the children residing at such home, and shall be made available to authorized inspection…

Whenever the department is advised or has reason to believe that any child residential home is operating without proper notification in accordance with this chapter, it shall request a meeting with the governing board and executive director of such home to ascertain the fact. If …

(a) Notwithstanding the existence of any other remedy, the department may, in the manner provided by law, in termtime or in vacation, upon the advice of the Attorney General who, except as otherwise authorized in Section 7-5-39, shall represent the department in the proceedings, …

Nothing in this chapter shall give any governmental agency jurisdiction or authority to regulate or attempt to regulate, control or influence the form, manner or content of the religious curriculum, program or ministry of a school or of a facility sponsored by a church or religio…

A license issued under the provisions of this chapter shall be renewed annually upon payment of a renewal fee not to exceed One Hundred Dollars ($100.00), and upon filing by the licensee of an annual report upon such uniform dates and upon forms provided by the licensing agency, …

(a) As used in this chapter, the following definitions shall apply unless the context clearly provides otherwise:(a) “Child” means a person who has not reached the age of eighteen (18) years or who has not otherwise been legally emancipated.(b) “Child residential home” means any …

The State Department of Health shall be the notification agency for all child residential homes, and the department shall discharge as additional duties and responsibilities the provisions of this chapter.

The operator of any child residential home shall provide notification in accordance with this chapter within sixty (60) days of beginning operation.

(a) Such notification shall be filed by the executive director of the child residential home to the department upon forms provided by the department and shall contain the following information:(a) Name, street address, mailing address and phone number of the home.(b) Name of the …

(1) The State of Mississippi hereby accepts all of the mandatory provisions and benefits, with the exception of those provisions under which the state may exercise its options, of Title I of an act passed by the Senate and House of Representatives of the United States of America,…

Application for TANF assistance under this chapter shall be made to the county department of the county in which the dependent child resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such applica…

Whenever a county department receives a notification of the dependency of a child or an application for TANF assistance, an investigation and record shall promptly be made of the circumstances in order to ascertain the dependency of the child and the facts supporting the applicat…

Upon the completion of such investigation the county department shall decide whether the child is eligible for TANF assistance under the provisions of this chapter, and determine in accordance with the rules and regulations of the state department the amount of such assistance an…

If an application is not acted upon by the county department within a reasonable time, not to exceed thirty (30) days, after the filing of the application, or is denied in whole or in part, or if any award of TANF assistance is modified or cancelled under any provision of this ch…

All TANF assistance grants made under this chapter shall be reconsidered by the county department as frequently as may be required by the rules of the state department. After such further investigation as the county department may deem necessary or the state department may requir…