MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary A

By: Representative Felsher

House Bill 1691

AN ACT TO AMEND SECTION 43-15-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CARE PAYMENTS BY THE DEPARTMENT OF CHILD PROTECTION SERVICES TO FICTIVE KIN CARING FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 43-15-17, Mississippi Code of 1972, is amended as follows:

     43-15-17.  (1)  The Department of Child Protection Services is authorized to make such payments as may be appropriate for supportive services to facilitate either the return of children to their natural parents or their adoption, depending upon and contingent upon the availability of the Department of Child Protection Services securing or having sufficient funds to render this supportive service.  Upon court order, the parent(s) shall be responsible for reimbursing the department for any foster care or kinship care payments made on behalf of his or her child, based upon financial ability to pay, until such time as there is a termination of parental rights regarding the child, or the child is adopted.

     (2)  For those children placed in foster care by the * * *state or county departments of human services Department of Child Protection Services, the department shall make monthly payments for the support of these children's room and board, clothing, allowance and personal needs.  From and after July 1, 1998, and subject to the availability of funds specifically appropriated therefor, the Department of Child Protection Services' foster care and therapeutic care monthly payment schedule in effect before that date shall be increased by One Hundred Dollars ($100.00) per month, with that minimum payment not to preclude the department from increasing payments in later years as funds become available.  From and after July 1, 1998, in order for foster parents to receive the monthly payments authorized under this subsection (2), the Department of Child Protection Services shall require foster care placements to be licensed as foster care homes and shall require prospective foster parents to satisfactorily complete an appropriate training program that emphasizes the goal of the foster care program to provide stable foster placement until a permanency outcome is achieved.

     (3)  For a child placed by the Department of Child Protection Services in the care of * * *the child's relative within the third degree by the state or county departments of human services, an adult who is related by blood, marriage or adoption within the third degree, or an adult who makes up the family support system of the child, including an adult related beyond third degree, a godparent, friend of the family, or other adult who has a strong familial bond with the child, unless a child is placed in the care of a relative who is exempt from foster care training requirements, the department shall make monthly payments to defray the * * *relative's expense of furnishing room and board.  The department's * * *relative care payment under this subsection shall be in an amount up to one hundred percent (100%) of the amount of the foster care board payment.  The department may continue to make those payments to the * * *relative caregiver after the department relinquishes legal custody of the child to the * * *relative caregiver if the * * *relative caregiver has complied with foster care training requirements.  Any such payments for * * *relative care under this subsection shall be subject to specific appropriation therefor by the Legislature.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.