Senate Bill 2384

(As Sent to Governor)

AN ACT TO ESTABLISH THE MISSISSIPPI TASK FORCE ON FOSTER CARE AND ADOPTION; TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF THE TASK FORCE; TO PROVIDE THAT THE TASK FORCE WILL STUDY MISSISSIPPI'S LAWS REGARDING FOSTER CARE AND ADOPTION AND RELATED AREAS OF INQUIRY; TO PROVIDE FOR THE TASK FORCE TO CONDUCT ITS BUSINESS; TO REQUIRE THAT THE TASK FORCE WILL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS TO THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby established the Mississippi Task Force on Foster Care and Adoption.

(2) The members of the task force are as follows:

(a) The Chief Justice of the Mississippi Supreme Court or a designee;

(b) The Executive Director of Child Protection Services or a designee;

(d) The Chair of the Senate Judiciary, Division A Committee or a designee;

(e) The Chair of the House Judiciary A Committee or a designee;

(f) Two (2) sitting Chancery Court judges appointed by the Chief Justice of the Mississippi Supreme Court;

(g) Two (2) sitting Youth Court judges, one (1) of whom is a County Court judge, and one (1) of whom is a Youth Court referee, appointed by the Chief Justice of the Mississippi Supreme Court;

(h) Two (2) practicing attorneys with expertise in youth court matters and adoptions to be named by the Mississippi Board of Bar Commissioners;

(i) A Guardian Ad Litem to be named by the Mississippi Board of Bar Commissioners;

(j) A member of the Office of State Public Defender appointed by the State Public Defender to represent the interests of biological parents;

(k) A person appointed by the Speaker of the House to represent the interests of foster parents;

(l) An adult who spent time in state custody as a foster child to be appointed by the Governor;

(m) A Court-Appointed Special Advocate (CASA) volunteer to represent the interests of foster children to be appointed by the Lieutenant Governor;

(n) A representative from the Mississippi Association of Child Care Agencies, Inc., to be appointed by the president of the association; and

(o) The Executive Director, or his or her designee of the Joint Legislative Committee on Performance Evaluation and Expenditure Review.

(3) The members must be appointed to the task force within fifteen (15) days of the effective date of this act. Vacancies on the task force shall be filled in the manner of the original appointment. Members are eligible for reappointment if upon reappointment they meet the qualifications required of a new appointee.

(4) The Chairpersons of the House and Senate Judiciary A Committees shall serve as co-chair of the task force. The task force must meet within sixty (60) days of the effective date of this act upon the call of the Chairpersons of the House and Senate Judiciary A Committees, and at its first meeting shall elect any officers from among its membership as it deems necessary for the efficient discharge of the task force's duties.

(5) The task force shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business. A majority of the members shall constitute a quorum for the purpose of conducting any business of the task force, and a majority vote of all members present shall be required for any recommendations to the Legislature.

(6) Members of the task force shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41 and the legislative members of the task force shall receive the expense allowance provided for in Section 5-1-47.

(7) The Mississippi Judicial College shall provide necessary clerical support for the meetings of the task force and the preparation of the report, with assistance from the clerical and legal staff of the Mississippi House of Representatives and the Senate.

(8) The task force is authorized to apply for and accept gifts, grants, subsidies and other funds from persons, corporations, foundations, the United States government or other entities, and the receipt of any gifts, grants, subsidies and funds shall be reported and otherwise accounted for in the manner provided by law. If financial subsidies are sufficient, the task force may hire additional contract staff to support its work.

(9) The duties of the task force shall be as follows:

(a) Perform a comprehensive review and draft any necessary proposed revision of adoption statutes;

(b) Review the use of "reasonable efforts" and "diligent search" in the Child Protection Services statutes and determine whether a uniform definition is needed for each term, and, if so, to draft recommended language;

(c) Draft a definition (or examples through a nonexhaustive list) of what constitutes "compelling and extraordinary reasons why termination of parental rights would not be in the best interests of the child";

(d) Draft definitions of neglect as "willful" or "nonwillful" with a proposal for different courses of action depending on the type of neglect;

(e) Review of the Guardian Ad Litem role in the foster care system and termination of parental rights process, including the proper responsibility for payment of Guardians Ad Litem, how much they should be paid, whether more Guardians Ad Litem are needed, and whether Title IV-E funds can be used for that purpose;

(f) Review whether parent representatives should be provided, and if so, how to pay them and whether Title IV-E funds could be used to pay them;

(g) Review of the timeframes and guidelines followed once a child comes into Child Protection Services' custody and how to balance the length of these timeframes, the best interests of the child, and the interest of the biological parent(s);

(h) Review of the requirement to have concurrent permanency plans, whether this is currently taking place, and, if so, whether it is effective, and, if not effective, what needs to happened to ensure the courts and Child Protection Services are pursuing concurrent plans;

(i) Review of the requirement for a psychological assessment or evaluation for each child coming into custody, whether this is necessary in every case, and, if so, how to address the major shortage of medical providers that will be able to provide the services;

(j) Review of the diagnostic and evaluation shelters, whether the number is sufficient, and whether children are staying in these facilities too long before placement;

(k) Review of the course of action when a parent tests positive for drugs or alcohol, including when a mother tests positive for drugs during labor and delivery;

(l) Review of Title IV-E funding, whether these funds are being legally maximized, how they are being used and whether there are changes that need to be made to get the most out of these federal funds;

(m) To review laws, policies and procedures in other states;

(n) To review fatherhood initiative proposals and develop proposed policies to increase fatherhood participation of absent fathers; and

(o) Any other issues related to the Mississippi foster care system or adoption that the task force finds appropriate to address.

(10) The task force may request the assistance of the University of Mississippi School of Law and the Mississippi College School of Law, the Mississippi Judicial College, the Mississippi Administrative Office of Courts and the proper section of the Mississippi Bar Association, or any other related organization with expertise in domestic relations.

(11) The task force shall report its findings and recommendations to the Legislature annually not later than December 1 each year.

(12) The task force shall stand dissolved on December 1, 2023.

SECTION 2. This act shall take effect and be in force from and after its passage.