MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Sanford
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, AFTER THERE HAVE BEEN TWO REPORTS MADE ABOUT THE ALLEGED PERPETRATOR WITHIN A PERIOD OF SIX MONTHS AND THE APPROPRIATE DEPARTMENT HAS INVESTIGATED THE REPORTS AND DETERMINED THAT THE COMPLAINTS OR ALLEGATIONS AGAINST THE ALLEGED PERPETRATOR ARE UNFOUNDED; 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, an
abused child, or a victim of commercial sexual exploitation or human
trafficking 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 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 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 Child
Protection Services shall inform the individual of the specific complaints or
allegations made against the individual. Consistent with subsection ( * * *5), the identity of the person who reported
his or her suspicion shall not be disclosed at that point. Where appropriate,
the Department of Child Protection Services shall additionally make a referral
to the youth court prosecutor.
Upon receiving a report that a child has been sexually abused, is a victim of commercial sexual exploitation or human trafficking or has been 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 Child Protection Services shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred. Within forty-eight (48) hours, the department must notify the appropriate prosecutor and the Statewide Human Trafficking Coordinator. The department 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 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 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. In addition, if the Department of Child Protection Services determines that a parent or other person responsible for the care or welfare of an abused or neglected child maintains active duty status within the military, the department shall notify the applicable military installation family advocacy program that there is an allegation of abuse or neglect that relates to that child.
(2) Any report 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 * * *;
(d) Any other
information that might be helpful in establishing the cause of the injury * * *;
(e) The
identity of the perpetrator * * *; and
(f) The name, address and telephone number of the person making the report, when such information is required to be provided under subsection (3) of this section.
(3) If a report is made under subsection (1) of this section about an individual two (2) times within a period of six (6) months, and the Department of Child Protection Services has investigated the complaints or allegations made against the individual in those two (2) reports and determined that those complaints or allegations are unfounded, then any further reports made about the individual must include the name, address and telephone number of the person making the report.
( * * *4) The Department of 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, commercial sexual exploitation or human trafficking; 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).
( * * *5) Reports of abuse, neglect and
commercial sexual exploitation or human trafficking 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. Notwithstanding
the confidentiality of the reporter's identity under this section, the
Department of Child Protection Services may disclose a reporter's identity to
the appropriate law enforcement agency or prosecutor if the department has
reason to suspect the reporter has made a fraudulent report, and the Department
of Child Protection Services must provide to the subject of the alleged
fraudulent report written notification of the disclosure.
( * * *6) 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 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 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, including whether the child experienced commercial sexual exploitation or human trafficking, 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 Child Protection Services.
( * * *7) 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 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.
( * * *8) 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.
( * * *9) If a report is made directly to the
Department of Child Protection Services that a child has been abused or
neglected or experienced commercial sexual exploitation or human trafficking 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 and the Statewide Human Trafficking
Coordinator within forty-eight (48) hours of such report. The Department of
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 Child Protection Services to the licensing agency.
The licensing agency shall investigate the report and shall provide the
department, 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.
( * * *10) 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, counseling and support for
children who have experienced commercial sexual exploitation or human
trafficking, 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. If the vulnerable person is a minor, then such report may be made to the Department of Child Protection Services:
(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) * * * Name,
address and telephone number * * * of the person or entity making the
report * * *, if the person or entity holds or is
required to hold a license under any provision of Title 73, Mississippi Code of
1972.
(xix) Name, address and telephone number of the person making the report, when the person is not a person described in subparagraph (viii) of this paragraph (b) and such information is required to be provided under paragraph (c) of this subsection.
(c) If a report is made under paragraph (a) of this subsection about an individual two (2) times within a period of six (6) months, and the appropriate department has investigated the complaints or allegations made against the individual in those two (2) reports and determined that those complaints or allegations are unfounded, then any further reports made about the individual must include the name, address and telephone number of the person making the report.
( * * *d) 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 * * * under 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, 2022.