Adopted

AMENDMENT NO 2 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  652

BY: Senator(s) Tindell

     Amend by inserting after line 171 the following, renumbering subsequent sections:

     SECTION *.  (1)  As used in this section, "emergency placement" means those limited instances when the Mississippi Department of Child Protection Services is placing a child in the home of private individuals, including neighbors or friends, as a result of a sudden unavailability of the child's primary caretaker.

     (2)  During an emergency placement situation when a child must be placed in home care due to the absence of parents or custodians, the Mississippi Department of Child Protection Services (MDCPS) may request that a criminal justice agency perform a federal name-based criminal history records check of each adult residing in the home.  Name-based check results may be provided to the Mississippi Criminal Information Center (MCIC) of the Mississippi Department of Public Safety, which shall then provide a complete set of each adult resident's fingerprints to the MCIC central repository for the immediate submission to the Federal Bureau of Investigation (FBI) within fourteen (14) calendar days from the date the name search was conducted.  The central repository shall either positively identify the fingerprint subject or forward the fingerprints to the FBI within fourteen (14) calendar days from the date the name search was conducted.  The child shall be removed from the home immediately if any adult resident fails to provide fingerprints and written permission to perform a federal criminal history records check when requested.

     (3)  When placement of a child in a home is denied as a result of a name-based criminal history records check of a resident, and the resident contests that denial, each such resident shall, within fourteen (14) calendar days, submit to MDCPS a complete set of the resident's fingerprints with written permission allowing MCIC to forward the fingerprints to the MCIC criminal history records repository for submission to the FBI.

FURTHER, amend on line 172 by inserting after the period thereon the following:

SECTION *.  Section (*) of this act shall take effect and be in force from and after its passage, and the remainder of

Further, amend the title by inserting after the semicolon on line 8 the following:

TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES TO REQUEST THAT A CRIMINAL JUSTICE AGENCY PERFORM A FEDERAL NAME-BASED CRIMINAL HISTORY RECORDS CHECK OF EACH ADULT RESIDING IN THE HOME DURING AN EMERGENCY PLACEMENT SITUATION WHEN A CHILD MUST BE PLACED IN HOME CARE DUE TO THE ABSENCE OF PARENTS OR CUSTODIANS; TO PROVIDE THAT NAME-BASED CHECK RESULTS MAY BE PROVIDED TO THE MISSISSIPPI CRIMINAL INFORMATION CENTER (MCIC) OF THE DEPARTMENT OF PUBLIC SAFETY, WHICH SHALL THEN PROVIDE A COMPLETE SET OF EACH ADULT RESIDENT'S FINGERPRINTS TO THE MCIC CENTRAL REPOSITORY FOR THE IMMEDIATE SUBMISSION TO THE FBI WITHIN FOURTEEN CALENDAR DAYS FROM THE DATE THE NAME SEARCH WAS CONDUCTED; TO PROVIDE THAT THE CENTRAL REPOSITORY SHALL EITHER POSITIVELY IDENTIFY THE FINGERPRINT SUBJECT OR FORWARD THE FINGERPRINTS TO THE FBI WITHIN FOURTEEN CALENDAR DAYS FROM THE DATE THE NAME SEARCH WAS CONDUCTED;