MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Public Health and Human Services

By: Representative Ladner

House Bill 114

AN ACT TO AMEND SECTIONS 43-21-353 AND 43-47-7, MISSISSIPPI CODE OF 1972, TO REQUIRE PERSONS WHO MAKE REPORTS TO THE DEPARTMENT OF CHILD PROTECTION SERVICES AND THE DEPARTMENT OF HUMAN SERVICES ABOUT THE SUSPECTED NEGLECT OR ABUSE OF A CHILD OR THE SUSPECTED ABUSE, NEGLECT OR EXPLOITATION OF A VULNERABLE PERSON TO PROVIDE THEIR NAME, ADDRESS AND TELEPHONE NUMBER TO THE DEPARTMENT; TO PROVIDE THAT THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON WHO MADE THE REPORT SHALL BE REDACTED FROM ALL RECORDS IN CONNECTION WITH THE CASE AFTER THE CASE IS CLOSED; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 43-21-353, Mississippi Code of 1972, is amended as follows:

     43-21-353.  (1)  Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of * * *Human Child Protection Services, which shall contain the information specified in subsection (2) of this section, and immediately a referral shall be made by the Department of * * *Human Child Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357.  In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of * * *Human Child Protection Services shall inform the individual of the specific complaints or allegations made against the individual.  Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed.  Where appropriate, the Department of * * *Human Child Protection Services shall additionally make a referral to the youth court prosecutor.

     Upon receiving a report that a child has been sexually abused, or burned, tortured, mutilated or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a felony under state or federal law, the Department of * * *Human Child Protection Services shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred and shall notify the appropriate prosecutor within forty-eight (48) hours, and the Department of * * *Human Child Protection Services shall have the duty to provide the law enforcement agency all the names and facts known at the time of the report; this duty shall be of a continuing nature.  The law enforcement agency and the Department of * * *Human Child Protection Services shall investigate the reported abuse immediately and shall file a preliminary report with the appropriate prosecutor's office within twenty-four (24) hours and shall make additional reports as new or additional information or evidence becomes available.  The Department of * * *Human Child Protection Services shall advise the clerk of the youth court and the youth court prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as information becomes available.

     (2)  Any report made to the Department of * * *Human Child Protection Services under subsection (1) of this section shall contain:

          (a)  The names and addresses of the child and his parents or other persons responsible for his care, if known * * *,;

          (b)  The child's age * * *,;

          (c)  The nature and extent of the child's injuries, including any evidence of previous injuries * * * and,;

          (d)  Any other information that might be helpful in establishing the cause of the injury * * *, and;

          (e)  The identity of the perpetrator * * *.; and

          (f)  The name, address and telephone number of the person making the report.

     (3)  The Department of * * *Human Child Protection Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse; provided that any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer or public or private school employee who is required to report under subsection (1) of this section shall report in the manner required in subsection (1).

     (4)  Reports of abuse and neglect made under this chapter and the identity of the reporter are confidential except when the court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor pursuant to subsection (1).  Reports made under this section to any law enforcement agency or prosecutorial officer are for the purpose of criminal investigation and prosecution only and no information from these reports may be released to the public except as provided by Section 43-21-261.  Disclosure of any information by the prosecutor shall be according to the Mississippi Uniform Rules of Circuit and County Court Procedure.  The identity of the reporting party shall not be disclosed to anyone other than law enforcement officers or prosecutors without an order from the appropriate youth court.  The name, address and telephone number of the person who made the report shall be redacted from all records in connection with the case after the case is closed.  Any person disclosing any reports made under this section in a manner not expressly provided for in this section or Section 43-21-261 shall be guilty of a misdemeanor and subject to the penalties prescribed by Section 43-21-267.

     (5)  All final dispositions of law enforcement investigations described in subsection (1) of this section shall be determined only by the appropriate prosecutor or court.  All final dispositions of investigations by the Department of * * *Human Child Protection Services as described in subsection (1) of this section shall be determined only by the youth court.  Reports made under subsection (1) of this section by the Department of * * *Human Child Protection Services to the law enforcement agency and to the district attorney's office shall include the following, if known to the department:

          (a)  The name and address of the child;

          (b)  The names and addresses of the parents;

          (c)  The name and address of the suspected perpetrator;

          (d)  The names and addresses of all witnesses, including the reporting party if a material witness to the abuse;

          (e)  A brief statement of the facts indicating that the child has been abused and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case; and

          (f)  What, if any, action is being taken by the Department of * * *Human Child Protection Services.

     (6)  In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(l) or (m), the Department of * * *Human Child Protection Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.

     (7)  Anyone who willfully violates any provision of this section shall be, upon being found guilty, punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year, or both.

     (8)  If a report is made directly to the Department of * * *Human Child Protection Services that a child has been abused or neglected in an out-of-home setting, a referral shall be made immediately to the law enforcement agency in whose jurisdiction the abuse occurred and the department shall notify the district attorney's office within forty-eight (48) hours of such report.  The Department of * * *Human Child Protection Services shall investigate the out-of-home setting report of abuse or neglect to determine whether the child who is the subject of the report, or other children in the same environment, comes within the jurisdiction of the youth court and shall report to the youth court the department's findings and recommendation as to whether the child who is the subject of the report or other children in the same environment require the protection of the youth court.  The law enforcement agency shall investigate the reported abuse immediately and shall file a preliminary report with the district attorney's office within forty-eight (48) hours and shall make additional reports as new information or evidence becomes available.  If the out-of-home setting is a licensed facility, an additional referral shall be made by the Department of * * *Human Child Protection Services to the licensing agency.  The licensing agency shall investigate the report and shall provide the Department of * * *Human Child Protection Services, the law enforcement agency and the district attorney's office with their written findings from such investigation as well as that licensing agency's recommendations and actions taken.

     (9)  If a child protective investigation does not result in an out-of-home placement, a child protective investigator must provide information to the parent or guardians about community service programs that provide respite care, voluntary guardianship or other support services for families in crisis.

     SECTION 2.  Section 43-47-7, Mississippi Code of 1972, is amended as follows:

     43-47-7.  (1)  (a)  Except as otherwise provided by Section 43-47-37 for vulnerable persons in care facilities and by Section 43-7-65 for the State Ombudsman Program, any person including, but not limited to, the following, who knows or suspects that a vulnerable person has been or is being abused, neglected or exploited shall immediately report such knowledge or suspicion to the Department of Human Services or to the county department of human services where the vulnerable person is located:

              (i)  Attorney, physician, osteopathic physician, medical examiner, chiropractor or nurse engaged in the admission, examination, care or treatment of vulnerable persons;

              (ii)  Health professional or mental health professional other than one listed in subparagraph (i);

              (iii)  Practitioner who relies solely on spiritual means for healing;

              (iv)  Social worker, family protection worker, family protection specialist or other professional care, residential or institutional staff;

              (v)  State, county or municipal criminal justice employee or law enforcement officer;

              (vi)  Human rights advocacy committee or Long-Term care ombudsman council member; or

              (vii)  Accountant, stockbroker, financial advisor or consultant, insurance agent or consultant, investment advisor or consultant, financial planner, or any officer or employee of a bank, savings and loan, credit union or any other financial service provider.

          (b)  To the extent possible, a report made * * *pursuant to under paragraph (a) must contain, but need not be limited to, the following information:

              (i)  Name, age, race, sex, physical description and location of each vulnerable person alleged to have been abused, neglected or exploited.

              (ii)  Names, addresses and telephone numbers of the vulnerable person's family members.

              (iii)  Name, address and telephone number of each alleged perpetrator.

              (iv)  Name, address and telephone number of the caregiver of the vulnerable person, if different from the alleged perpetrator.

              (v)  Description of the neglect, exploitation, physical or psychological injuries sustained.

              (vi)  Actions taken by the reporter, if any, such as notification of the criminal justice agency.

              (vii)  Any other information available to the reporting person which may establish the cause of abuse, neglect or exploitation that occurred or is occurring.

              (viii) * * *  In addition to the above, any person or entity holding or required to hold a license as specified in Title 73, Professions and Vocations, Mississippi Code of 1972, shall be required to give his, her or its  Name, address and telephone number * * *in of the person making the report * * *of the alleged abuse, neglect or exploitation.

          (c)  The department, or its designees, shall report to an appropriate criminal investigative or prosecutive authority any person required by this section to report or who fails to comply with this section.  A person who fails to make a report as required under this subsection or who, because of the circumstances, should have known or suspected beyond a reasonable doubt that a vulnerable person suffers from exploitation, abuse, neglect or self-neglect but who knowingly fails to comply with this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment.  However, for purposes of this subsection (1), any recognized legal financial transaction shall not be considered cause to report the knowledge or suspicion of the financial exploitation of a vulnerable person.  If a person convicted under this section is a member of a profession or occupation that is licensed, certified or regulated by the state, the court shall notify the appropriate licensing, certifying or regulating entity of the conviction.

     (2)  Reports received by law enforcement authorities or other agencies shall be forwarded immediately to the Department of Human Services or the county department of human services.  The Department of Human Services shall investigate the reported abuse, neglect or exploitation immediately and shall file a preliminary report of its findings with the Office of the Attorney General within forty-eight (48) hours if immediate attention is needed, or seventy-two (72) hours if the vulnerable person is not in immediate danger and shall make additional reports as new information or evidence becomes available.  The Department of Human Services, upon request, shall forward a statement to the person making the initial report required by this section as to what action is being taken, if any.

     (3)  The report may be made orally or in writing, but where made orally, it shall be followed up by a written report.  A person who fails to report or to otherwise comply with this section, as provided herein, shall have no civil or criminal liability, other than that expressly provided for in this section, to any person or entity in connection with any failure to report or to otherwise comply with the requirements of this section.

     (4)  Anyone who makes a report required by this section or who testifies or participates in any judicial proceedings arising from the report or who participates in a required investigation or evaluation shall be presumed to be acting in good faith and in so doing shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed.  However, the immunity provided under this subsection shall not apply to any suspect or perpetrator of any abuse, neglect or exploitation.

     (5)  A person who intentionally makes a false report under the provisions of this section may be found liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury.

     (6)  The Executive Director of the Department of Human Services shall establish a statewide central register of reports made pursuant to this section.  The central register shall be capable of receiving reports of vulnerable persons in need of protective services seven (7) days a week, twenty-four (24) hours a day.  To effectuate this purpose, the executive director shall establish a single toll-free statewide phone number that all persons may use to report vulnerable persons in need of protective services, and that all persons authorized by subsection (7) of this section may use for determining the existence of prior reports in order to evaluate the condition or circumstances of the vulnerable person before them.  Such oral reports and evidence of previous reports shall be transmitted to the appropriate county department of human services.  The central register shall include, but not be limited to, the following information:  the name and identifying information of the individual reported, the county department of human services responsible for the investigation of each such report, the names, affiliations and purposes of any person requesting or receiving information which the executive director believes might be helpful in the furtherance of the purposes of this chapter, the name, address, birth date, social security number of the perpetrator of abuse, neglect and/or exploitation, and the type of abuse, neglect and/or exploitation of which there was substantial evidence upon investigation of the report.  The central register shall inform the person making reports required under this section of his or her right to request statements from the department as to what action is being taken, if any.

     Each person, business, organization or other entity, whether public or private, operated for profit, operated for nonprofit or a voluntary unit of government not responsible for law enforcement providing care, supervision or treatment of vulnerable persons shall conduct criminal history records checks on each new employee of the entity who provides, and/or would provide direct patient care or services to adults or vulnerable persons, as provided in Section 43-11-13.

     The department shall not release data that would be harmful or detrimental to the vulnerable person or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.

     The name, address and telephone number of the person who made the report under this section shall be redacted from all records in connection with the case after the case is closed.

     (7)  Reports made pursuant to this section, reports written or photographs taken concerning such reports in the possession of the Department of Human Services or the county department of human services shall be confidential and shall only be made available to:

          (a)  A physician who has before him a vulnerable person whom he reasonably suspects may be abused, neglected or exploited, as defined in Section 43-47-5;

          (b)  A duly authorized agency having the responsibility for the care or supervision of a subject of the report;

          (c)  A grand jury or a court of competent jurisdiction, upon finding that the information in the record is necessary for the determination of charges before the grand jury;

          (d)  A district attorney or other law enforcement official.

     Notwithstanding the provisions of paragraph (b) of this subsection, the department may not disclose a report of the abandonment, exploitation, abuse, neglect or self-neglect of a vulnerable person to the vulnerable person's guardian, attorney-in-fact, surrogate decision maker, or caregiver who is a perpetrator or alleged perpetrator of the abandonment, exploitation, abuse or neglect of the vulnerable person.

     Any person given access to the names or other information identifying the subject of the report, except the subject of the report, shall not divulge or make public such identifying information unless he is a district attorney or other law enforcement official and the purpose is to initiate court action.  Any person who willfully permits the release of any data or information obtained pursuant to this section to persons or agencies not permitted to such access by this section shall be guilty of a misdemeanor.

     (8)  Upon reasonable cause to believe that a caretaker or other person has abused, neglected or exploited a vulnerable person, the department shall promptly notify the district attorney of the county in which the vulnerable person is located and the Office of the Attorney General, except as provided in Section 43-47-37(2).

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2019.