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Mississippi Statutes, Title 43

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Mississippi/Statutes

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Title 43, Public Welfare

42 chapters · 903 sections in this title.

All chapters in Title 43903 Ch 21, Youth Court110 Ch 33, Housing and Housing Authorities110 Ch 13, Medical Assistance for the Aged; Med…81 Ch 35, Urban Renewal and Redevelopment55 Ch 15, Child Welfare49 Ch 27, Department of Human Services - Divis…49 Ch 6, Rights and Liabilities of Persons wi…38 Ch 3, Blind Persons34 Ch 1, Department of Human Services and Cou…30 Ch 12, Medicaid and Human Services Provisions25 Ch 19, Support of Natural Children25 Ch 9, Old Age Assistance24 Ch 20, Child Care Facilities24 Ch 47, Mississippi Vulnerable Persons Act23

903 sections·Filtered byTitle 43✕

Miss. Code Ann. § 43-17-21 Removal to another county
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Any child qualified for and receiving TANF assistance pursuant to the provisions of this chapter in any county in this state who moves or is taken to another county in this state shall be entitled to receive TANF assistance in the county to which he has moved or is taken and the …
Miss. Code Ann. § 43-17-23 Receipt and disposition of federal and other funds and manner of disbursing same
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Federal and other funds shall be received, disposed of and disbursed in the same manner as is provided for the handling of funds as is provided in Sections 43-9-33 through 43-9-37.
Miss. Code Ann. § 43-17-25 Fraudulent acts; penalties
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(1) Whoever obtains, or attempts to obtain, or aids or abets any child to obtain by means of a willfully false statement or representation, or by impersonation or other fraudulent device:(1) TANF assistance to which the child is not entitled; or(2) TANF assistance greater than th…
Miss. Code Ann. § 43-17-3 Definitions
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(a) As used in this chapter:(a) “State Department” means the State Department of Human Services.(b) “County department” means the county department of human services and the county director of human services of each of the several counties in this state.(c) “Dependent child” mean…

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Miss. Code Ann. § 43-17-33 Entrepreneurial development; funding

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The Department of Human Services shall seek federal funds for entrepreneurial development so that recipients of Temporary Assistance for Needy Families (TANF) benefits can create jobs and provide incentives for TANF recipients in their efforts to attain self-sufficiency and indep…

Miss. Code Ann. § 43-17-35 Establishment of task force on out-of-wedlock pregnancies

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(1) In the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), the United States Congress made the following findings relating to out-of-wedlock pregnancies:(a) The increase of out-of-wedlock pregnancies and births is wel…

Miss. Code Ann. § 43-17-5 Amount of assistance

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(1) The amount of Temporary Assistance for Needy Families (TANF) benefits which may be granted for any dependent child and a needy caretaker relative shall be determined by the county department with due regard to the resources and necessary expenditures of the family and the con…

Miss. Code Ann. § 43-17-6 Written screening questionnaire for certain adult applicants for TANF benefits; purpose; drug test; substance use disorder treatment plan; termination of cash assistance

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(1) As used in this section:(a) “Adult” means a person who is eighteen (18) years of age or older.(b) “Department” means the Department of Human Services.(c) “Drug” means a controlled substance, as defined in Section 41-29-105, for which a person does not have a valid prescriptio…

Miss. Code Ann. § 43-17-7 Duties of State Department of Human Services

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(1) The State Department shall:(a) Supervise the administration of the Temporary Assistance to Needy Families (TANF) program under this chapter by the county departments;(b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the…

Miss. Code Ann. § 43-17-9 Duties of county departments

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(a) The county departments shall:(a) Administer the provisions of this chapter relating to the TANF program in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of this chapter;(b) Report to the state depart…

Miss. Code Ann. § 43-18-1 Execution of compact

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The Governor, on behalf of this state, is hereby authorized to execute a compact in substantially the following form with all other jurisdictions legally joining therein; and the legislature hereby signifies in advance its approval and ratification of such compact, which compact …

Miss. Code Ann. § 43-18-11 Agreements for performance of services

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The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the …

Miss. Code Ann. § 43-18-13 Compliance with requirements for visitation, inspection or supervision of children, homes and the like in another party state

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Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under any statutes or court decisions of this state shall be deemed to be met if performed pursuant to an agreement entered into by…

Miss. Code Ann. § 43-18-15 Statutory provisions restricting out-of-state placement of children not applicable to placements under compact

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The provisions of state laws restricting out-of-state placement of children shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.

Miss. Code Ann. § 43-18-17 Placement by courts of delinquent children

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Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.

Miss. Code Ann. § 43-18-3 “Appropriate public authorities” defined; powers of Department of Child Protection Services or, with approval, department regional or local offices

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The “appropriate public authorities” as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, means the Department of Child Protection Services, or with the approval of the Commissioner of Child Protection Services, any re…

Miss. Code Ann. § 43-18-5 “Appropriate authority in the receiving state” defined

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As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase “appropriate authority in the receiving state” with reference to this state shall mean the Department of Child Protection Services, or with the approval of the Commissioner of…

Miss. Code Ann. § 43-18-7 “Executive head” defined; appointment of compact administrator

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As used in Article VII of the Interstate Compact on the Placement of Children, the term “executive head” means the governor of the State of Mississippi. The Governor of the State of Mississippi is hereby authorized to appoint a compact administrator in accordance with the terms o…

Miss. Code Ann. § 43-18-9 Financial responsibility for placed children

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Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default o…

Miss. Code Ann. § 43-19-101 Child support award guidelines

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(1) The following child-support award guidelines shall be a rebuttable presumption in all judicial or administrative proceedings regarding the awarding or modifying of child-support awards in this state:Number Of Children Percentage Of Adjusted Gross Income Due SupportThat Should…

Miss. Code Ann. § 43-19-103 Criteria for overcoming presumption that guidelines are appropriate

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(a) The rebuttable presumption as to the justness or appropriateness of an award or modification of a child support award in this state, based upon the guidelines established by Section 43-19-101, may be overcome by a judicial or administrative body awarding or modifying the chil…

Miss. Code Ann. § 43-19-105 Incarceration not to be considered voluntary unemployment or underemployment when establishing or modifying child-support order

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The court may not consider incarceration as intentional or voluntary unemployment or underemployment when establishing or modifying a child-support order.

Miss. Code Ann. § 43-19-31 Child support unit authorized; purposes

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(a) The Department of Human Services is hereby authorized and empowered to establish a single and separate Child Support Unit for the following purposes:(a) To develop and implement a nonsupport and paternity program and institute proceedings in the name of the Department of Huma…

Miss. Code Ann. § 43-19-33 Force and effect of written stipulated agreement to support and written admission of paternity containing agreement of support

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(1) In lieu of legal proceedings instituted to obtain support for a dependent child from the responsible parent, a written stipulated agreement to support said child by periodic payments executed by the responsible parent when acknowledged before a clerk of the court having juris…

Miss. Code Ann. § 43-19-34 Stipulated agreement for modification of support order; Child Support Unit authorized to send motion and notice of intent to modify; reviews for possible modification to be conducted on 3-year cycle; retroactive modifications; noncustodial parent’s arrearage not to bar review or downward modification

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(1) In lieu of legal proceedings instituted to obtain a modification for an order for support, a written stipulated agreement for modification executed by the responsible parent when acknowledged before a clerk of the court having jurisdiction over those matters or a notary publi…

Miss. Code Ann. § 43-19-35 Acceptance of public assistance for child as assignment to department of recipient’s rights against nonsupporting parent; status of attorney initiating proceedings

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(1) By currently or previously accepting public assistance or making application for child support services for and on behalf of a child or children, the recipient shall be deemed to have made an assignment to the State Department of Human Services of any and all rights and inter…

Miss. Code Ann. § 43-19-37 Court orders of support to direct payment of support, attorney’s fees and court costs to child support unit and not recipient

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(1) Court orders of support in all cases brought under the provisions of Sections 43-19-31 through 43-19-53 shall specify that the payment of court costs shall be directed by the absent parent to the Mississippi Department of Human Services Central Receipting and Disbursement Uni…

Miss. Code Ann. § 43-19-39 Distribution of child support payments; suits by child support unit; citation of noncooperating recipient parent; withholding payments for reimbursement of erroneous past payments

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(1) All child support payments collected by the child support unit pursuant to Section 43-19-35 shall be distributed in the manner as prescribed by the federal Social Security Act and any amendments adopted thereto. Nothing contained herein shall preclude the child support unit i…

Miss. Code Ann. § 43-19-41 Effect of applicant’s or recipient’s refusal to assist in finding absent parent or in securing support or establishing paternity

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Any applicant or recipient who refuses to provide reasonable assistance to the local county department or to the child support unit established by the state department of public welfare in identifying and locating the absent parent of a dependent child or otherwise refuses to coo…

Miss. Code Ann. § 43-19-43 Husband-wife privilege; self-incriminating testimony

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The mother or father are competent to testify at the trial against the other as provided in Section 13-1-5 subject to the provisions of the Mississippi Rules of Evidence governing the husband-wife privilege. If a parent called for examination declines to answer upon the grounds t…

Miss. Code Ann. § 43-19-44 Safeguarding of personal data where evidence of risk of harm; definitions; petition for release of information

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(a) For purposes of this section, an “authorized person” shall mean:(a) Any agent or attorney of any state having in effect a plan approved under federal law, who has the duty or authority under such plan to seek to recover any amounts owed as child and spousal support (including…

Miss. Code Ann. § 43-19-45 State parent locator service; cooperation of state agencies and the like with Child Support Unit; confidentiality of records; authority to request employment verification, address and social security number of absent or nonsupporting parent or alleged parent; confidentiality of records; penalties [Repealed effective July 1, 2027]

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(1) The Child Support Unit shall establish a state parent locator service for the purpose of locating absent and nonsupporting parents and alleged parents, which will utilize all appropriate public and private locator sources. In order to carry out the responsibilities imposed un…

Miss. Code Ann. § 43-19-46 Report by employer to Directory of New Hires [Repealed effective July 1, 2027]

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(1) Each employer paying wages, salary or commission and doing business in Mississippi shall report to the Directory of New Hires within the Mississippi Department of Human Services:(a) The hiring of any person who resides or works in this state to whom the employer anticipates p…

Miss. Code Ann. § 43-19-47 Employment by child support unit of staff attorneys

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(1) The Child Support Unit of the State Department of Human Services, in cooperation with the Attorney General, may appoint at least one (1) full-time staff attorney in or for each chancery court district for the purpose of initiating proceedings under the provisions of Sections …

Miss. Code Ann. § 43-19-48 Use of data match systems by Department of Human Services for noncustodial parents delinquent in child support payments

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(1) The Department of Human Services and financial institutions doing business in the state are required to enter into agreements:(a) To develop and operate a data match system, using automated data exchanges, in which each such financial institution is required to provide for ea…

Miss. Code Ann. § 43-19-49 Employment by child support unit of investigative, technical, secretarial and supportive staff

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There is hereby authorized to be employed by the child support unit of the state department of public welfare such other, investigative, technical, secretarial and supportive staff as may be necessary for the proper and necessary implementation of the requirements of Public Law 9…

Miss. Code Ann. § 43-19-51 Duties, powers and functions of Attorney General’s office, district attorneys and county attorneys unaffected

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Nothing contained in Sections 43-19-31 through 43-19-53 shall be construed as relieving or diminishing any of the duties, powers and functions of the Attorney General’s office, district attorneys or county attorneys under the statutes of this state relating to the collection of a…

Miss. Code Ann. § 43-19-53 Annual report

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Not later than sixty (60) days after the first day of January of each year, the state department of public welfare shall cause to be published for the preceding calendar year a detailed report showing the total number of cases in the aid to dependent children program reported on …

Miss. Code Ann. § 43-19-55 Authorization to manage bank accounts for funds received as incentives from federal government and as income tax offsets

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The State Department of Human Services shall be authorized in maintaining separate accounts with Mississippi banks to handle funds received as incentives from the federal government earned as a result of collecting support and also any funds maintained on deposit as a result of f…

Miss. Code Ann. § 43-19-57 Administrative subpoenas

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(1) Any administrative subpoena issued by the Department of Human Services pursuant to the provisions of Chapter 588, Laws of 1997, shall be directed to the appropriate party or entity and signed by the Director of the Department of Human Services or his designee. (2) A person wi…

Miss. Code Ann. § 43-19-58 Appeals process for imposition of civil penalties

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(1) Persons wishing to contest the imposition of an administrative civil penalty under the provisions of Chapter 588, Laws of 1997, shall be entitled to a hearing before the Director of the Department of Human Services or his designee by so requesting within twenty (20) days afte…

Miss. Code Ann. § 43-19-59 Child Support Unit to use high-volume automated administrative enforcement to enforce out-of-state support orders

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(1) The Department of Human Services, as the Title IV-D child support enforcement agency of this state, shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support o…

Miss. Code Ann. § 43-19-61 Child Support Prosecution Fund created; purpose; funding of expenses of legal division of Child Support Unit; deposit of user charges and fees authorized under this section into State General Fund

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(1) There is created in the State Treasury a special fund to be designated as the “Child Support Prosecution Fund.” The fund shall be used by the Office of the Attorney General for the prosecution of delinquent child support cases and may also be used to draw down the sixty-six p…

Miss. Code Ann. § 43-19-63 Casinos to exchange certain information with the Mississippi Department of Human Services (MDHS) for noncustodial parents delinquent in child support; participation requirement and duties of casinos and MDHS

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(1) For purposes of this section, the following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:(a) “Cash gaming winnings” means only the cash gaming winnings for which the gaming licensee is required to file Form W2-G, or…

Miss. Code Ann. § 43-20-1 Title

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This chapter shall be cited as the “Mississippi Child Care Licensing Law.”

Miss. Code Ann. § 43-20-11 Application for and issuance of license

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An application for a license under this chapter shall be made to the licensing agency upon forms provided by it, and shall contain such information as the licensing agency may reasonably require. Each application for a license shall be accompanied by a license fee not to exceed F…

Miss. Code Ann. § 43-20-12 Fees and penalties to be deposited in special fund

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All fees collected by the State Board of Health under this chapter and any penalties collected by the board for violations of this chapter shall be deposited in a special fund hereby created in the State Treasury and shall be used for the implementation and administration of this…

Miss. Code Ann. § 43-20-13 Renewal of license

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A license issued under the provisions of this chapter shall be renewed upon payment of a renewal fee not to exceed Four Hundred Dollars ($400.00) per year, and upon filing by the licensee of a report upon such uniform dates and upon forms provided by the licensing agency, accompa…

Miss. Code Ann. § 43-20-14 Denial, suspension, or revocation of license; hearing; appeal

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(1) The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section. (2) Before the licensing agency may deny or refuse to renew, the applicant or person named on the license shall be entitled to a hearing in…

Miss. Code Ann. § 43-20-15 Inspections

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The licensing agency shall make or cause to be made inspections relative to compliance with the laws and regulations governing the licensure of child care facilities. Such inspections shall be made at least once a year but additional inspections may be made as often as deemed nec…