2005 Regular Session
To: Public Health and Welfare
By: Senator(s) King
AN ACT TO AMEND SECTION 43-16-21, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE DEPARTMENT OF HUMAN SERVICES MAY SEEK AN INJUNCTION AGAINST A CHILD RESIDENTIAL HOME TO CEASE OPERATION IN CASES OF SUSPECTED CHILD ABUSE OR NEGLECT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-16-21, Mississippi Code of 1972, is amended as follows:
43-16-21. 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 shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or restraining order to cease the operation of the home, and to provide for the appropriate removal of the children from the home and placement in the custody of the parents or legal guardians, the Department of Human Services, or any other appropriate entity in the discretion of the court. Such action shall be brought in the chancery court or the youth court, as appropriate, of the county in which such child residential home is located, and shall only be initiated for the following violations:
(a) Providing supervision, care, lodging or maintenance for any children in such home without filing notification in accordance with this chapter.
(b) Failure to satisfactorily comply with local health department or State Fire Marshal inspections made pursuant to Section 43-16-15, regarding the health, nutrition, cleanliness, safety, sanitation, written records and discipline policy of such home.
(c) Suspected abuse and/or neglect of the children served by such home, as defined in Section 43-21-105, Mississippi Code of 1972, in which case the Department of Human Services may, upon the advice of the Attorney General who shall represent the Department of Human Services in the proceedings, maintain an action in the name of the state for an injunction or restraining order to cease the operation of the home, and to provide such further relief with respect to the children residing at the home as may be deemed appropriate in the discretion of the court.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.