Mississippi Legislature

1998 Regular Session

Senate Bill 2173

[Introduced] [Committee Substitute] [Passed Senate] [Sent to Governor]

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History of Actions

Background

Title

Description: Foster children program under the Dept of Human Services; revise standards and procedures.

History of Actions:

101/06/98(S)Referred To Public Health and Welfare;Appropriations
201/07/98(S)DR - TSDPCS: PH To AP
301/13/98(S)Title Suff Do Pass Comm Sub
401/20/98(S)Committee Substitute Adopted
501/20/98(S)Amended
601/20/98(S)Passed As Amended
701/22/98(S)Transmitted To House
801/23/98(H)Referred To Public Health and Welfare;Appropriations
902/26/98(H)DR - TSDPAA: PH To AP
1003/03/98(H)DR - TSDPAA: AP To PH
1103/03/98(H)Title Suff Do Pass As Amended
1203/06/98(H)Tabled Subject To Call
1303/09/98(H)Amended
1403/09/98(H)Passed As Amended
1503/09/98(H)Motion to Reconsider Entered
1603/11/98(H)Reconsidered
1703/11/98(H)Passed As Amended
1803/12/98(H)Motion to Reconsider Entered
1903/12/98(H)Reconsidered
2003/12/98(H)Passed As Amended
2103/13/98(H)Returned For Concurrence
2203/17/98(S)Concurred in Amend From House
2303/25/98(S)Enrolled Bill Signed
2403/25/98(H)Enrolled Bill Signed
2503/25/98Due From Governor 03/31/98
2603/31/98Approved by Governor

Background Information:

Effective date*July 1, 1998
DispositionLaw
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredNo
Chapter number516

Senate Committees:

House Committees:

Principal Author: Bean

Additional Authors: Ferris, Smith, Huggins, Gordon, Woodfield, Mettetal, Hamilton, Thames, Jordan (24th), Scoper, Hall, Cuevas, Walls, Jackson, Horhn, Hawks, Harvey, Farris, Burton, Robertson, Furniss, White (29th), Gollott, Minor, Johnson (19th), Frazier, Little

Code Sections: A 043-0001-0051, A 043-0001-0053, A 043-0015-0013, A 043-0015-0017, A 043-0015-0006, A 043-0021-0105, A 043-0021-0609, A 043-0021-0613, A 043-0021-0121, A 093-0015-0103, A 093-0015-0107, A 043-0021-0603, A 093-0017-0005, A 093-0017-0007, A 093-0017-0009, A 093-0017-0013, A 043-0021-0261, A 043-0021-0309

Title: AN ACT RELATING TO THE ADMINISTRATION OF THE FOSTER CARE PROGRAM BY THE DEPARTMENT OF HUMAN SERVICES; TO AMEND SECTIONS 43-1-51 AND 43-1-53, MISSISSIPPI CODE OF 1972, TO PRESCRIBE STAFFING LEVELS WITHIN THE DEPARTMENT OF HUMAN SERVICES FOR THE FOSTER CARE PROGRAM; TO AMEND SECTION 43-15-13, MISSISSIPPI CODE OF 1972, TO ESTABLISH AND PROVIDE PRIORITIES AND STANDARDS FOR THE OPERATION OF THE FOSTER CARE PROGRAM, TO PROVIDE THAT THE INITIAL FOSTER CARE REVIEW SHALL BE HELD WITHIN THREE MONTHS OF THE CHILD'S INITIAL SHELTER HEARING AND TO CLARIFY THE PROCEDURE TO BE FOLLOWED BY FOSTER CARE EMPLOYEES, TO PROVIDE THAT THE YOUTH COURT'S DISPOSITIONAL ORDER IN SUCH CASES MUST BE ISSUED WITHIN 60 DAYS OF THE CHILD'S REMOVAL FROM THE HOME, TO PROVIDE THAT TESTIMONY FROM FOSTER PARENTS, GUARDIANS AD LITEM, CHILD CARING AGENCIES AND SOCIAL WORKERS SHALL BE RELEVANT IN CHILD REVIEWS CONDUCTED BY THE DEPARTMENT AND FILED WITH THE COURT, TO REQUIRE SEMI-ANNUAL REPORTS TO THE LEGISLATURE REGARDING FOSTER CARE REVIEW BOARD EVALUATIONS, TO DIRECT THE DEPARTMENT TO CONDUCT CONCURRENT PLANNING FOR CHILDREN IN THE FOSTER CARE PROGRAM, TO PROHIBIT UNNECESSARY MULTIPLE PLACEMENTS OF CHILDREN IN THE FOSTER CARE PROGRAM AND GIVE FORMER FOSTER PARENTS A CHOICE IF A CHILD IS RETURNED TO FOSTER CARE, TO PRESCRIBE THE RIGHTS AND RESPONSIBILITIES OF FOSTER PARENTS PARTICIPATING IN THE FOSTER CARE PROGRAM, TO DIRECT THE DEPARTMENT TO PROVIDE FOSTER PARENTS WITH A MINIMUM 72-HOUR NOTICE OF DEPARTURE FOR ANY CHILD LEAVING FOSTER CARE AND TO REQUIRE NOTICE TO THE PARENT(S) AND THE COURT IN SUCH CIRCUMSTANCES; TO AMEND SECTION 43-15-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PARENT(S) ARE RESPONSIBLE FOR REIMBURSING THE DEPARTMENT FOR FOSTER CARE PARENT PAYMENTS MADE ON BEHALF OF A CHILD BASED ON ABILITY TO PAY, TO PROVIDE AN INCREASE IN THE MONTHLY RATES FOR SUPPORT AND THERAPEUTIC CARE PAYMENTS FOR CHILDREN IN FOSTER CARE TO BE PAID BY THE DEPARTMENT, AND TO PROVIDE THAT FOSTER CARE PAYMENTS SHALL ONLY BE MADE TO LICENSED FOSTER CARE HOMES; TO AMEND SECTION 43-15-6, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LIST OF CRIMES WHICH DISQUALIFY PERSONS TO BE LICENSED AS FOSTER PARENTS OR FOSTER HOMES; TO AMEND SECTIONS 43-21-105, 43-21-609 AND 43-21-613, MISSISSIPPI CODE OF 1972, TO DEFINE THE STATUS OF DURABLE LEGAL CUSTODY AND AUTHORIZE THE YOUTH COURT TO ORDER DURABLE LEGAL CUSTODY AS AN ALTERNATIVE IN NEGLECT AND ABUSE CASES; TO AMEND SECTION 43-21-121, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN CASES WHERE THE COURT APPOINTS A LAYMAN AS GUARDIAN AD LITEM, THE COURT SHALL ALSO APPOINT AN ATTORNEY TO REPRESENT THE CHILD, TO PRESCRIBE THE TIME FOR SUCH APPOINTMENT, TO PRESCRIBE THE RESPONSIBILITIES OF THE GUARDIAN AD LITEM, TO PRESCRIBE THE FEE TO BE ALLOWED A GUARDIAN AD LITEM AND TO AUTHORIZE THE YOUTH COURT TO APPOINT A VOLUNTEER LAYPERSON TO ASSIST CHILDREN IN CERTAIN YOUTH COURT MATTERS; TO AMEND SECTION 93-15-103, MISSISSIPPI CODE OF 1972, TO CLARIFY THE GROUNDS FOR TERMINATION OF PARENTAL RIGHTS AND TO REQUIRE THE CHANCERY COURT TO TREAT CASES INVOLVING SEXUAL ABUSE OR SERIOUS BODILY INJURY TO THE CHILD AS PRIORITY CASES FOR TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL INITIATE TERMINATION OF PARENTAL RIGHTS PROCEEDINGS AND MAY PROVIDE FUNDS FOR THE COSTS OF ADOPTION PROCEEDINGS BROUGHT BY THE FAMILIES OF CHILDREN IN RELATIVE CARE; TO AMEND SECTION 43-21-603, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO HEAR RELEVANT TESTIMONY AND RECOMMENDATIONS FROM THE FOSTER PARENTS OF THE CHILD, THE GUARDIAN AD LITEM, CHILD CARING AGENCIES, THE SOCIAL WORKER ASSIGNED TO THE CASE AND OTHER RELEVANT TESTIMONY IN ABUSE AND NEGLECT CASES, AND TO PRESCRIBE CERTAIN AGGRAVATING CIRCUMSTANCES UNDER WHICH THE YOUTH COURT SHALL NOT REQUIRE REASONABLE EFFORTS FOR REUNIFICATION OF A CHILD WITH HIS PARENTS; TO AMEND SECTIONS 93-17-5 AND 93-17-9, MISSISSIPPI CODE OF 1972, TO REDUCE THE WAITING PERIOD AFTER THE BIRTH OF A CHILD REQUIRED BEFORE THE BIRTH PARENTS MAY CONSENT TO AN ADOPTION AND TO PROVIDE THAT IN THE CASE OF A CHILD BORN OUT OF WEDLOCK, THE FATHER SHALL NOT HAVE A RIGHT TO OBJECT TO AN ADOPTION UNLESS HE DEMONSTRATES A COMMITMENT TO PARENTHOOD AS PROVIDED BY LAW; TO CODIFY SECTION 93-17-6, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE FOR FILING A PETITION FOR DETERMINATION OF RIGHTS BY AN ALLEGED FATHER IN ADOPTION PROCEEDINGS AND TO PRESCRIBE THE ELEMENTS OF PROOF TO BE CONSIDERED BY THE COURT IN SUCH MATTERS; TO AMEND SECTION 93-17-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE AWARDING OF AN ADOPTION OVER THE OBJECTION OF A PARENT, TO PROVIDE A DEFINITION OF "PARENTAL FITNESS" IN SUCH CASES AND TO PROVIDE FOR REPRESENTATION OF THE CHILD; TO CODIFY SECTION 93-17-8, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE TO BE FOLLOWED BY THE COURT IN CONTESTED ADOPTION CASES AND TO AUTHORIZE THE COURT TO ORDER THE BIRTH FATHER TO REIMBURSE THE DEPARTMENT OF HUMAN SERVICES OR THE FOSTER PARENTS FOR THE COSTS OF MEDICAL EXPENSES AND REASONABLE SUPPORT FOR THE CHILD AFTER HIS BIRTH; TO AMEND SECTION 93-17-13, MISSISSIPPI CODE OF 1972, TO DIRECT THE COURT TO ORDER HOME STUDIES IN ALL ADOPTION PROCEEDINGS AFTER JULY 1, 1998; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO AUTHORIZE FOSTER CARE REVIEW BOARDS TO INSPECT YOUTH COURT RECORDS RELATING TO THEIR ABUSE, NEGLECT AND CHILD IN NEED OF SUPERVISION CASES; TO AMEND SECTION 43-21-309, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ALTERNATIVES AVAILABLE TO THE YOUTH COURT AT SHELTER HEARINGS; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 05/05/98 at 08:47.



End Of Document

1998/History/SB\SB2173.htm