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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. § 43-35-305 Designation of location of facility; hearing
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The governing authorities, prior to utilizing the authority granted under this article, shall designate the area within which said facility shall be located and shall hold a hearing as provided in Section 21-41-5, Mississippi Code of 1972.
Miss. Code Ann. § 43-35-307 Determination of cost
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In determining the overall cost of said facility, the following are to be considered by the governing authorities: the acquisition of the land, either by purchase or lease or otherwise, and all expenses incident thereto; the cost of any surfacing, building, lighting, drainage or …
Miss. Code Ann. § 43-35-309 Charges for use of facilities
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The governing authorities of such municipality are hereby authorized, in their discretion, to make such charges as would be deemed proper for the use of such facilities. Any revenue received from any of such charges may be pledged for the payment of bonds issued hereunder or othe…
Miss. Code Ann. § 43-35-311 Levy of taxes
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The governing authorities are hereby authorized and empowered to levy, collect and make any annual special tax or assessment against the benefitted property in the designated area. However, no assessment, not to exceed five (5) mills, made under the provisions of this article sha…

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Miss. Code Ann. § 43-35-313 Issuance of bonds

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The governing authorities of such municipality are hereby authorized to issue bonds for the cost hereinabove referred to or to defray any expenditures made by said municipality out of its general fund which are necessary and authorized herein. Such bonds shall be sold on sealed b…

Miss. Code Ann. § 43-35-315 Article is full and complete authority for expenditures and bonds

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This article shall be deemed to be full and complete authority for the expenditure of money and the issuance of bonds as are hereby authorized and shall be construed as an additional and alternate method therefor.

Miss. Code Ann. § 43-35-501 Short title

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This article shall be known and may be cited as the “Community Development Law.”

Miss. Code Ann. § 43-35-503 Authority of counties, municipalities and housing authorities with respect to community development grants

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(1) Any county, municipality, regional housing authority, or local housing authority in the state may make application to and contract with the United States or any department thereof for a grant or grants authorized to be made by the United States under the authority of the Hous…

Miss. Code Ann. § 43-35-504 Block grants for improvements to existing public water systems; viability requirement and determination; viability exceptions

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(1) (a) Except as provided in subsections (2) and (3) of this section, the Executive Director of the Mississippi Development Authority shall not award a community development block grant to any county or municipality for the purpose of making improvements, including expansions, r…

Miss. Code Ann. § 43-35-505 Provisions to be supplemental

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The provisions of this article shall be in addition and supplemental to the powers conferred by any other laws.

Miss. Code Ann. § 43-37-1 Title; applicability

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This chapter shall be known as the “Real Property Acquisition Policies Law.” The provisions of this chapter shall be applicable to the acquisition of real property under the laws of this state for use in any project or program in which public funds are used.

Miss. Code Ann. § 43-37-11 Buildings, structures and improvements to be acquired with land

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(1) Where any interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which are required to be removed from such real property or which are determined to be adversely affected by t…

Miss. Code Ann. § 43-37-13 Payments as additives to compensation otherwise provided by law

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Nothing contained in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of value or damages not in existence immediately prior to July 1, 1972, but such payments shall be considered only as additives t…

Miss. Code Ann. § 43-37-2 Definitions

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The words and terms defined in Section 43-39-5, Mississippi Code of 1972, shall, unless the context otherwise clearly requires, also have the same meanings whenever such words and terms appear in this chapter.

Miss. Code Ann. § 43-37-3 Acquisition of real property in publicly funded projects

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(1) Any person, agency or other entity acquiring real property for any project or program in which public funds are used shall comply with the following policies:(a) Every reasonable effort shall be made to acquire expeditiously real property by negotiation.(b) Real property shal…

Miss. Code Ann. § 43-37-5 Reimbursement of owner for expenses

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Any person, agency or other entity acquiring real property for such use shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real proper…

Miss. Code Ann. § 43-37-7 Reimbursement of fees where condemnation not completed

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Where a condemnation proceeding is instituted by the state, or a subdivision thereof, for a project which is funded in whole or in part by federal funds to acquire real property for such use and (a) the final judgment is that the real property cannot be acquired by condemnation o…

Miss. Code Ann. § 43-37-9 Reimbursement of expenses in cases of inverse condemnation

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Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of his property in any program or project in which federal and/or federal-aid funds are used, the court, rendering a judgment for the plaintiff in s…

Miss. Code Ann. § 43-39-1 Title

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This chapter shall be known as the “Relocation Assistance Law.”

Miss. Code Ann. § 43-39-11 Additional payments to person not eligible under § 43-39-9

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(1) In addition to amounts otherwise authorized by this chapter, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under Section 43-39-9, which dwelling was actually and lawfully occup…

Miss. Code Ann. § 43-39-12 Illegal aliens ineligible to receive relocation assistance; exception for extremely unusual hardship; adoption of rules and regulations

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(1) Except as provided in subsection (2) of this section, a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States. (2) If a displacing agency d…

Miss. Code Ann. § 43-39-13 Relocation assistance advisory programs

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(1) Programs or projects undertaken by a displacing agency with public financial assistance shall be planned in a manner that recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the …

Miss. Code Ann. § 43-39-15 Agency to assure availability of suitable dwellings for displaced persons

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Whenever the acquisition of real property for a program or project will result in the displacement of any person on or after July 1, 1972, the displacing agency shall assure that within a reasonable period of time prior to displacement, there will be available comparable, decent,…

Miss. Code Ann. § 43-39-16 Agency to provide replacement dwellings if none available; persons not required to move if replacement dwellings unavailable

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(1) If a program or project undertaken by an agency with public financial assistance cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwellings cannot otherwise be made availabl…

Miss. Code Ann. § 43-39-17 Duties and responsibilities of head of lead agency; rules and regulations

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(1) The head of the lead agency shall:(a) Develop and issue such regulations as may be necessary to carry out the provisions of this chapter;(b) Ensure that relocation assistance activities under this chapter are coordinated with low-income housing assistance programs or projects…

Miss. Code Ann. § 43-39-19 Agencies may contract for service or work through federal or local organizations

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In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency may enter into contracts with any individual, firm, association or corporation for service…

Miss. Code Ann. § 43-39-21 Availability of funds

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Funds appropriated or otherwise available to any agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program o…

Miss. Code Ann. § 43-39-23 Relocation payments not to be considered as income or resources

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Except as otherwise provided in the Federal Uniform Relocation Act, no payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under a…

Miss. Code Ann. § 43-39-25 Appeal from determination as to eligibility

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Any person or business concern aggrieved by the determination of a displacing agency concerning eligibility for relocation payments authorized by this chapter shall have the right of appeal to the court that would have had jurisdiction if the cause were in eminent domain from suc…

Miss. Code Ann. § 43-39-27 Payments as additives to compensation otherwise provided by law

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Nothing contained in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of value or damages not in existence immediately prior to July 1, 1972, but such payments shall be considered only as additives t…

Miss. Code Ann. § 43-39-29 Action of ejectment when project in danger of being delayed; authorization; notice requirements

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(1) The displacing agency is authorized, if the program or project is in danger of being delayed, to bring a civil action seeking ejectment as relief in justice court, chancery court, circuit or county court, or special court of eminent domain where the agency is legally entitled…

Miss. Code Ann. § 43-39-3 Declaration of purpose

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The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by state and local land acquisition programs which are publicly funded in whole or in part. The policy shall be uniform as to…

Miss. Code Ann. § 43-39-5 Definitions

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(a) As used in this chapter:(a) “Agency” means any department, agency or instrumentality of the state or of a political subdivision of the state, or any department, agency or instrumentality of two (2) or more political subdivisions of the state, or any person who has the authori…

Miss. Code Ann. § 43-39-7 Relocation payments; moving expense and dislocation allowances; fixed payments

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(1) If a displacing agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter for:(a) Actual reasonable expenses in moving himself, his family, business, farm operation or ot…

Miss. Code Ann. § 43-39-9 Additional payments; elements thereof; eligibility therefor

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(1) In addition to payments otherwise authorized by this chapter, such displacing agency shall make an additional payment not in excess of the maximum amount of relocation payments established by applicable federal regulations to any displaced person who is displaced from a dwell…

Miss. Code Ann. § 43-43-1 Legislative intent

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It is the intent of the Mississippi Legislature to strengthen legislative oversight over the administration of federal funds provided under Title XX of the Social Security Act of 1935, as amended, originally enacted as Public Law 93-647.

Miss. Code Ann. § 43-43-3 Appropriations of Title XX monies

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No state agency shall make expenditures of any federal Title XX monies, unless such expenditures are made pursuant to specific appropriations by the Legislature. In appropriating expenditures for social services as provided under Title XX, the Legislature shall specify the maximu…

Miss. Code Ann. § 43-43-5 Purchase of service contracts; advance of portion of cost of services

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All purchase of service contracts between the Department of Human Services or the Department of Child Protection Services and individuals, associations or corporations other than state agencies shall be for the reimbursement of actual costs incurred in providing services. However…

Miss. Code Ann. § 43-43-7 Purchase of service budget request; contents

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The State Department of Public Welfare in its purchase of service budget request shall accurately reflect the comprehensive annual services program required under Section 2004 of Title XX. In submitting its annual budget recommendations to the Legislature, the legislative budget …

Miss. Code Ann. § 43-43-9 Requirement of authorization before making assessment for services

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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 …

Miss. Code Ann. § 43-47-1 Short title

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This chapter shall be known and may be cited as the “Mississippi Vulnerable Persons Act of 1986.”

Miss. Code Ann. § 43-47-11 Protective services plans; interference by caretaker; effect of lack of consent by vulnerable person

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(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 writ…

Miss. Code Ann. § 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

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(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 …

Miss. Code Ann. § 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

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(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…

Miss. Code Ann. § 43-47-17 Right to bring motion for review of order

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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 count…

Miss. Code Ann. § 43-47-18 Sexual battery or fondling of vulnerable person by health care employees or persons in position of trust or authority; penalties

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(1) (a) A person who engages in sexual penetration with a vulnerable person is guilty of sexual battery if the person is a volunteer at, or an employee of, or contracted to work for, a health care facility in which the vulnerable person is a patient or resident.(b) A person who e…

Miss. Code Ann. § 43-47-19 Prohibition against abuse, neglect, or exploitation; penalties; relation to other laws

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(1) It shall be unlawful for any person to abuse, neglect or exploit any vulnerable person. (2) (a) Any person who willfully commits an act or willfully omits the performance of any duty, which act or omission contributes to, tends to contribute to, or results in neglect, physica…

Miss. Code Ann. § 43-47-21 Payment for services; orders to provide custody, care, and maintenance

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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 …

Miss. Code Ann. § 43-47-23 Authority to seek cooperation of organizations and agencies

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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 provid…

Miss. Code Ann. § 43-47-25 Immunity of department employees from liability

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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.