Mississippi Legislature

1998 Regular Session

House Bill 1556

[Introduced]

Instructions Bill Status Menu





History of Actions

Background

Title

Description: Child Protection and Foster Care; revise standards and procedures.

History of Actions:

101/19/98(H)Referred To Public Health and Welfare;Appropriations
202/03/98(H)Died In Committee

Background Information:

Effective dateJuly 1, 1998
DispositionDead
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredNo

House Committees:

Principal Author: Stribling

Code Sections: A 043-0021-0353, A 043-0001-0051, A 043-0001-0053, A 043-0001-0055, A 043-0001-0057, A 043-0015-0013, A 043-0015-0017, A 043-0021-0105, A 043-0021-0609, A 043-0021-0613, A 043-0021-0121, A 093-0015-0103, A 093-0015-0107, A 043-0021-0603, A 093-0017-0007, A 043-0021-0261, A 043-0021-0309, A 043-0021-0117, A 043-0021-0453

Title: AN ACT RELATING TO THE HEALTH, SAFETY AND WELFARE OF CHILDREN AND TO THE ADMINISTRATION OF FOSTER CARE; TO PROVIDE FOR A PERFORMANCE AUDIT OF THE DEPARTMENT OF HUMAN SERVICES; TO AMEND SECTION 43-21-353, MISSISSIPPI CODE OF 1972, TO REQUIRE THE NOTIFICATION OF GRANDPARENTS IN CHILD ABUSE SITUATIONS; TO AMEND SECTIONS 43-1-51, 43-1-53, 43-1-55 AND 43-1-57, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DIVISION OF FAMILY AND CHILDREN'S SERVICES SHALL BE THE DIVISION OF CHILD PROTECTIVE SERVICES; TO PROVIDE THAT SUPERVISORS OF AREA OFFICES SHALL SERVE AT THE WILL AND PLEASURE OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES; TO PRESCRIBE STAFFING LEVELS WITHIN THE DEPARTMENT OF HUMAN SERVICES FOR THE FOSTER CARE PROGRAM; TO AMEND SECTION 43-15-13, MISSISSIPPI CODE OF 1972, TO ESTABLISH AND PROVIDE PRIORITIES AND STANDARDS FOR THE OPERATION OF THE FOSTER CARE PROGRAM, TO PROVIDE THAT THE POLICY OF THE DEPARTMENT SHALL BE TO RETURN A CHILD IN ITS CUSTODY TO THE NATURAL PARENT(S) OR PLACE THE CHILD FOR ADOPTION WITHIN 18 MONTHS OF THE CHILD'S ENTRY INTO FOSTER CARE AND TO CLARIFY THE PROCEDURE TO BE FOLLOWED BY FOSTER CARE EMPLOYEES, TO PROVIDE THAT TESTIMONY FROM FOSTER PARENTS, GUARDIANS AD LITEM, CHILD CARING AGENCIES AND SOCIAL WORKERS SHALL BE RELEVANT IN CHILD REVIEWS CONDUCTED BY THE DEPARTMENT AND FILED WITH THE COURT, TO REQUIRE SEMIANNUAL REPORTS TO THE LEGISLATURE REGARDING FOSTER CARE REVIEW BOARD EVALUATIONS, TO DIRECT THE DEPARTMENT TO CONDUCT CONCURRENT PLANNING FOR CHILDREN IN THE FOSTER CARE PROGRAM, TO PROHIBIT UNNECESSARY MULTIPLE PLACEMENTS OF CHILDREN IN THE FOSTER CARE PROGRAM AND GIVE FORMER FOSTER PARENTS A CHOICE IF A CHILD IS RETURNED TO FOSTER CARE, TO PRESCRIBE THE RIGHTS AND RESPONSIBILITIES OF FOSTER PARENTS PARTICIPATING IN THE FOSTER CARE PROGRAM, TO DIRECT THE DEPARTMENT TO PROVIDE FOSTER PARENTS WITH A MINIMUM 72-HOUR NOTICE OF DEPARTURE FOR ANY CHILD LEAVING FOSTER CARE AND TO REQUIRE NOTICE TO THE PARENT(S) AND THE COURT IN SUCH CIRCUMSTANCES; TO AMEND SECTION 43-15-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PARENT(S) ARE RESPONSIBLE FOR REIMBURSING THE DEPARTMENT FOR FOSTER CARE PARENT PAYMENTS MADE ON BEHALF OF A CHILD BASED ON ABILITY TO PAY, TO PROVIDE AN INCREASE IN THE MONTHLY RATES FOR SUPPORT AND THERAPEUTIC CARE PAYMENTS FOR CHILDREN IN FOSTER CARE TO BE PAID BY THE DEPARTMENT, TO PROVIDE THAT FOSTER CARE PAYMENTS SHALL ONLY BE MADE TO LICENSED FOSTER CARE HOMES, AND TO AUTHORIZE THE DEPARTMENT TO PROVIDE FINANCIAL ASSISTANCE AND ESTABLISH RULES CONCERNING SUCH ASSISTANCE TO PERSONS WHO ADOPT PHYSICALLY OR MENTALLY HANDICAPPED AND OTHER HARD-TO-PLACE CHILDREN WHO WERE WARDS OF THE DEPARTMENT; TO AMEND SECTIONS 43-21-105, 43-21-609 AND 43-21-613, MISSISSIPPI CODE OF 1972, TO DEFINE THE STATUS OF DURABLE LEGAL CUSTODY AND AUTHORIZE THE YOUTH COURT TO ORDER DURABLE LEGAL CUSTODY AS AN ALTERNATIVE IN NEGLECT AND ABUSE CASES; TO AMEND SECTION 43-21-121, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT SHALL APPOINT A SUITABLE ATTORNEY TO SERVE AS GUARDIAN AD LITEM IN CERTAIN YOUTH COURT MATTERS, TO PRESCRIBE THE TIME FOR SUCH APPOINTMENT, TO PRESCRIBE THE RESPONSIBILITIES OF THE GUARDIAN AD LITEM, TO PRESCRIBE THE FEE TO BE ALLOWED A GUARDIAN AD LITEM AND TO AUTHORIZE THE YOUTH COURT TO APPOINT A VOLUNTEER LAY PERSON TO ASSIST CHILDREN IN CERTAIN YOUTH COURT MATTERS; TO AMEND SECTION 93-15-103, MISSISSIPPI CODE OF 1972, TO CLARIFY THE GROUNDS FOR TERMINATION OF PARENTAL RIGHTS AND TO REQUIRE THE CHANCERY COURT TO TREAT CASES INVOLVING SEXUAL ABUSE OR SERIOUS BODILY INJURY TO THE CHILD AS PRIORITY CASES FOR TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO PROVIDE FUNDS FOR THE COSTS OF TERMINATION OF PARENTAL RIGHTS OR ADOPTION PROCEEDINGS BROUGHT BY THE FAMILIES OF CHILDREN IN RELATIVE CARE; TO AMEND SECTION 43-21-603, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO HEAR RELEVANT TESTIMONY AND RECOMMENDATIONS FROM THE FOSTER PARENTS OF THE CHILD, THE GUARDIAN AD LITEM, CHILD CARING AGENCIES, THE SOCIAL WORKER ASSIGNED TO THE CASE AND OTHER RELEVANT TESTIMONY IN ABUSE AND NEGLECT CASES; TO AMEND SECTION 93-17-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE OPPOSITION TO AN ADOPTION BY THE ALLEGED OR ADJUDICATED FATHER, TO PROVIDE A DEFINITION OF "PARENTAL FITNESS" IN SUCH CASES, TO PROVIDE FOR REPRESENTATION OF THE CHILD, TO PROVIDE FOR NOTICE AND A HEARING THEREON, TO PROVIDE FOR PROOF OF SUBSTANTIAL COMMITMENT BY THE OPPOSING FATHER, THE TERMINATION OF RIGHTS OF THE UNSUCCESSFULLY OPPOSING FATHER, THE AWARD OF CUSTODY TO THE SUCCESSFULLY OPPOSING FATHER, AND THE COSTS OF MEDICAL TREATMENT AND OTHER CARE; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO AUTHORIZE FOSTER CARE REVIEW BOARDS TO INSPECT YOUTH COURT RECORDS RELATING TO THEIR ABUSE, NEGLECT AND CHILD IN NEED OF SUPERVISION CASES; TO AMEND SECTION 43-21-309, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ALTERNATIVES AVAILABLE TO THE YOUTH COURT AT SHELTER HEARINGS; TO AMEND SECTIONS 43-21-117 AND 43-21-453, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESPONSIBILITIES OF THE YOUTH COURT PROSECUTOR AND TO PROVIDE FOR HIS COMPENSATION WHERE THE POSITION OF COUNTY PROSECUTOR IS PART-TIME; TO CREATE A TASK FORCE ON ESTABLISHING A MISSISSIPPI DEPARTMENT OF CHILDREN AND FAMILY PROGRAMS TO STUDY THE IMPLEMENTATION OF A FREESTANDING AGENCY TO ADMINISTER CERTAIN SPECIFIC CHILDREN SERVICE PROGRAMS AND THE IMPLEMENTATION OF A COORDINATED SERVICES FUNDING SYSTEM FOR INDIVIDUAL CHILDREN IN NEED OF SUCH SERVICES, AND TO STUDY OTHER CHILD SERVICE-RELATED ISSUES; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 02/03/98 at 18:29.



End Of Document

1998/History/HB\HB1556.htm