MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representative Yates
AN ACT TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO SHARE INFORMATION FROM ITS MOTOR VEHICLE INSURANCE VERIFICATION SYSTEM AND ANY OTHER SYSTEM UNDER THE AGENCY'S CONTROL WITH CHILD PROTECTION SERVICES FOR THE PURPOSE OF IDENTIFYING ANY NONCUSTODIAL PARENT WHO IS OUT OF COMPLIANCE WITH CHILD SUPPORT PAYMENTS; TO AMEND SECTION 43-26-1, MISSISSIPPI CODE OF 1972, TO CONFORM THE DUTIES OF CHILD PROTECTION SERVICES TO THIS ACT; TO AMEND SECTIONS 63-16-5 AND 63-16-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO ALLOW ACCESS TO THE MOTOR VEHICLE INSURANCE VERFICATION SYSTEM BY CHILD PROTECTION SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Department of Public Safety is authorized to share information from its motor vehicle insurance verification system and any other system under the agency's control with Child Protection Services for the purpose of identifying any noncustodial parent who is out of compliance with child support payments, which may include, but shall not be limited to:
(a) Vehicle registration,
(b) Insurance records; and
(c) Any other information that may help Child Protection Services identify a noncustodial parent who is out of compliance with his or her child support payments.
SECTION 2. Section 43-26-1, Mississippi Code of 1972, is amended as follows:
43-26-1. (1) There is created a Mississippi Department of Child Protection Services.
(2) The Chief Administrative Officer of the Department of Child Protection Services shall be the Commissioner of Child Protection Services who shall be appointed by the Governor with the advice and consent of the Senate. The commissioner shall possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance, law or accounting.
(3) The Department of Child Protection Services shall provide the services authorized by law to every individual determined to be eligible therefor, and in carrying out the purposes of the department, the commissioner is authorized:
(a) To formulate the policy of the department regarding child welfare services within the jurisdiction of the department;
(b) To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction;
(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(d) To enter into and execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the department; and
(e) To discharge such other duties, responsibilities, and powers as are necessary to implement the programs of the department.
(4) The commissioner shall establish the organizational structure of the Department of Child Protection Services, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law.
(5) The commissioner shall appoint heads of offices, bureaus, and divisions, as defined in Section 7-17-11, who shall serve at the pleasure of the commissioner. The salary and compensation of such office, bureau and division heads shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board. The commissioner shall have the authority to organize offices as deemed appropriate to carry out the responsibilities of the department.
(6) The Department of Child Protection Services shall be responsible for the development, execution, and provision of services in the following areas:
(a) Protective services for children;
(b) Foster care;
(c) Adoption services;
(d) Special services;
(e) Interstate compact;
(f) Licensure;
(g) Prevention services; * * *
(h) Such other services
as may be designated. Services enumerated under Section 43-15-13 et seq., for the
foster care program shall be provided by qualified staff with appropriate case loads * * *;and
(i) Child support.
(7) The Department of Child Protection Services shall have the following powers and duties:
(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families;
(b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients;
(c) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law;
(d) To fingerprint and conduct a background investigation on every employee, contractor, subcontractor and volunteer:
(i) Who has direct access to clients of the department who are children or vulnerable adults;
(ii) Who is in a position of fiduciary responsibility;
(iii) Who is in a position with access to Federal Tax Information (FTI); or
(iv) Who is otherwise required by federal law or regulations to undergo a background investigation.
Every such employee, contractor, subcontractor and volunteer shall provide a valid current social security number and/or driver's license number, which shall be furnished to conduct the background investigation for determination as to good moral character and to ensure that no person placed in any position referenced in this paragraph (d) has a felony conviction that would prevent employment or access to Federal Tax Information according to department policy. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a fingerprint-based national criminal history record check. The department shall be the recipient of the results of any background investigation and/or criminal history record check performed in accordance with this paragraph;
(e) To establish and maintain programs not inconsistent with the terms of this chapter and the rules, regulations and policies of the Department of Child Protection Services, and publish the rules and regulations of the department pertaining to such programs;
(f) To provide all other
child welfare programs and services previously provided by the Department of Human
Services or a division thereof; * * *
(g) Make such reports in
such form and containing such information as the federal government may, from time
to time, require, and comply with such provisions as the federal government may,
from time to time, find necessary to assure the correctness and verification of
such reports * * *;
and
(h) To work with other state and federal agencies to obtain child support payments from noncustodial parents who are out of compliance with child support payments.
(8) The Mississippi Department of Child Protection Services shall submit a copy of the federal Annual Progress and Services Report (APSR) to the Chair of the Senate Public Health and Welfare Committee, the Chair of the Senate Appropriations Committee, the Chair of the House Public Health and Human Services Committee, the Chair of the House Appropriations Committee, the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor by December 1 of each year.
(9) (a) The Commissioner of Child Protection Services shall hire a Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services whose duties shall include, but not be limited to, the following:
(i) To form specialized human trafficking and commercial sexual exploitation assessment teams to respond on an as-needed basis to act as an emergency, separate and specialized response and assessment team to rapidly respond to the needs of children who are victims of human trafficking and commercial sexual exploitation;
(ii) To identify victims of human trafficking and commercial sexual exploitation;
(iii) To monitor, record and distribute federal human trafficking funds received by the Department of Child Protection Services;
(iv) To employ staff to investigate allegations of human trafficking and commercial sexual exploitation; and
(v) To develop and coordinate services within the Department of Child Protection Services and with outside service providers for victims of human trafficking and commercial sexual exploitation.
(b) The Commissioner of Child Protection Services shall develop standard operating procedures for the investigation, custody and services provided to alleged victims of human trafficking and commercial sexual exploitation.
(c) The Commissioner shall require two (2) hours of training regarding the subject of identifying, assessing, and providing comprehensive services to a child who has experienced or is alleged to have experienced commercial sexual exploitation or human trafficking. The training must be incorporated into the pre-service training requirements of all Mississippi Department of Child Protection Services family specialists, adoption specialists, licensure specialists, direct supervisors of family protection specialists, direct supervisors of adoption specialists, and direct supervisors of licensure specialists.
(10) This section shall stand repealed on July 1, 2028.
SECTION 3. Section 63-16-5, Mississippi Code of 1972, is amended as follows:
63-16-5. (1) A law enforcement officer or authorized employee of a law enforcement agency may, during the course of a traffic stop or accident investigation, access the verification system established under Section 63-16-3 to verify whether a motor vehicle is covered by a valid motor vehicle liability policy in at least the minimum amounts required under Section 63-15-3(j).
(2) The response received from the system supersedes an insurance card produced by a motor vehicle operator, and notwithstanding the display of an insurance card by the operator, the law enforcement officer may issue a complaint and notice to appear to the operator for a violation of the Mississippi Motor Vehicle Safety-Responsibility Law. A law enforcement officer may exercise discretion in issuing a citation during the first sixty (60) days after proof of temporary insurance is issued by an insurance company, if the verification system shows that the insured's policy is expired and the operator provides proof of insurance with a new insurance company or a new insurance card.
(3) Except upon reasonable cause to believe that a driver has violated another traffic regulation or that the driver's motor vehicle is unsafe or not equipped as required by law, a law enforcement officer may not use the verification system to stop a driver for operating a motor vehicle in violation of this chapter.
(4) Child Protection Services, in cooperation with the Commissioner, may access the verification system established under Section 63-16-3 to obtain information regarding noncustodial parents who are out of compliance with child support payments.
SECTION 4. Section 63-16-7, Mississippi Code of 1972, is amended as follows:
63-16-7. (1) The Department of Public Safety, hereinafter referred to in this section as "department," shall administer and enforce the provisions of this chapter, as applicable, and shall make rules necessary for the administration of the motor vehicle insurance verification system created under Section 63-16-3.
(2) The rules must:
(a) Establish standards and procedures for accessing the system by authorized personnel of the department, the courts, law enforcement personnel and any other entities authorized by the department that are consistent with specifications and standards of the Insurance Industry Committee on Motor Vehicle Administration and other applicable industry standards;
(b) Provide for the suspension of a driver's license when required by this chapter;
(c) Prohibit the reinstatement of a driver's license unless the applicable fines have been paid; and
(d) Provide for insurance information from insurers, not more often than every thirty (30) days, to identify motor vehicle insurance policy information; however, no insurer shall be required to provide such information in a format other than those set forth by the Insurance Industry Committee on Motor Vehicle Administration "Insurance Data Transfer Guide," as amended.
(3) The department may adopt additional rules to:
(a) Assist authorized users
in interpreting responses received from the motor vehicle insurance verification
system and determining the appropriate action to be taken as a result of a response; * * *
(b) Otherwise clarify system
operations and business rules * * *; and
(c) Assist Child Protection Services in obtaining identifying information for noncustodial parents out of compliance with child support payments.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.