MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare; Appropriations

By: Representative Stribling

AN ACT TO CREATE THE STATE DEPARTMENT OF CHILDREN AND FAMILY SERVICES TO ADMINISTER THE CERTAIN PROGRAMS RELATING TO CHILDREN AND FAMILIES CURRENTLY ADMINISTERED BY THE STATE DEPARTMENT OF HUMAN SERVICES AND THE STATE DEPARTMENT OF HEALTH; TO CREATE THE STATE BOARD OF CHILDREN AND FAMILY SERVICES AND PROVIDE FOR THE APPOINTMENT OF THE BOARD; TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE DEPARTMENT; TO PROVIDE FOR THE TRANSFER OF EMPLOYEES, PROPERTY AND RECORDS TO THE DEPARTMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. There is created the State Department of Children and Family Services, which shall administer the following programs relating to children and families:

(a) The functions of the Office of Youth Services of the Department of Human Services;

(b) The functions of the Child Support Unit of the Department of Human Services;

(c) The functions of all child service programs presently administered by the Department of Human Services, including the foster care or foster home placement program, child adoption and child placement, protective services for children and adults, and investigation of child abuse and neglect;

(d) Any program for children with severe emotional disturbances that is not provided by the State Department of Mental Health; and

(e) The child care facility licensure programs presently administered by the State Department of Health.

SECTION 2. (1) There is established a State Board of Children and Family Services, which shall be composed of seven (7) members who are qualified electors appointed by the Governor. The members shall be one (1) person who is an active, experienced educator; one (1) person who is an active licensed psychiatrist or psychologist; one (1) person who is an active member of the National Association of Social Workers; one (1) person who is experienced in business; one (1) person who is a practicing attorney; and two (2) persons who are concerned citizens interested in the youth of the state. At least one (1) member of the board shall be appointed from each of the congressional districts of the State of Mississippi as existing on January 1, 1999, and two (2) appointed from the state at large, with all appointments to be confirmed by the Senate. Terms of office of the board members shall be as follows:

(a) The term of the member serving from the First Congressional District shall expire on June 30, 2000.

(b) The term of the member serving from the Second Congressional District shall expire on June 30, 2001.

(c) The term of the member serving from the Third

Congressional District shall expire on June 30, 2002.

(d) The term of the member serving from the Fourth Congressional District shall expire on June 30, 2003.

(e) The term of the member serving from the Fifth Congressional District shall expire on June 30, 2004.

(f) The terms of the two (2) members serving from the state at large shall expire on June 30, 2001, and June 30, 2003, respectively.

All subsequent appointments shall be for a term of six (6) years from the expiration date of the previous term. The Governor shall have the power to fill any vacancy that occurs on the board, provided that the vacancy shall be filled in the same manner in which a member is selected for a full term, and that the appointment to fill the vacancy shall be for the unexpired term only.

(2) The board shall meet and organize by electing one (1) of their number as chairman, whose term of office shall be one (1) year or until his successor shall be elected by the board; and it shall transact such other business as may come before the board. The board shall have authority to elect any other officer from their number as they deem necessary to perform their duties, the term of such officer to be for one (1) year or until a successor is elected by the board.

(3) The board shall meet once each month, and that monthly meeting shall be known as a regular meeting. At any such regular meeting any business allowed or provided for by law may be transacted. The board shall meet at any other time at the call of the chairman, in his discretion, or at the request of three (3) members of the board. In the case of a called meeting, the call shall be in writing and shall be mailed by certified mail with return receipt requested to each member at least five (5) days before the date of the called meeting; at any such called meeting only such business as may be specifically stated in the notice of the meeting may be transacted. At any regular or called meeting, three (3) members of the board shall constitute a quorum for the transaction of business. When any member of the board fails to attend three (3) consecutive meetings, he shall be deemed to have automatically vacated his office, unless the Governor elects to retain the member, or the Governor may appoint another person in his place for the remainder of the unexpired term.

(4) The board members shall receive the per diem allowed public employees under Section 25-3-69 for meetings of the board, together with actual travel expenses authorized by law. The expenses and per diem of the members of the board shall be paid on an itemized statement, approved by the chairman of the board, from funds appropriated to the department.

SECTION 3. (1) The board shall appoint an executive director of the department, who shall be the chief executive, administrative and fiscal officer of the department.

(2) The executive director shall receive an annual salary fixed by the board, not to exceed the maximum authorized by law, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.

(3) The executive director shall possess the following minimum qualifications:

(a) A master's degree in corrections, criminal justice, guidance, social work, or some related field, and at least six (6) years' full-time experience in youth corrections, including at least three (3) years of youth correctional management experience; or

(b) A bachelor's degree in a field described in paragraph (a) of this subsection and at least ten (10) years' full-time work in youth corrections, five (5) years of which shall have been in youth correctional management; or

(c) At least a bachelor's degree and relevant experience in fiscal management in the private or public sector; or

(d) A law degree and at least five (5) years' full-time experience in youth corrections; or

(e) Have served as a youth court judge.

(4) The executive director shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The bond shall be approved by the Governor and filed with the Secretary of State, and shall be executed by a surety company

authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the

support and maintenance fund of the department.

(5) The executive director, with the approval of the board, may assign to appropriate offices and divisions such powers and duties as deemed appropriate to carry out the functions of the department, including, but not limited to:

(a) Office of Youth Services;

(b) Office of Child Support;

(c) Office of Foster Care; and

(d) Office of Licensure.

SECTION 4. (1) Effective July 1, 1999, all employees of the agencies, divisions, offices and programs whose functions are described in Section 1 of this act shall be transferred to the State Department of Children and Family Services. All those transfers shall be in accordance with the rules and regulations of the State Personnel Board.

(2) It is the intent of the Legislature that no employee shall be dismissed as the result of the agency reorganization required by this act, and that any reduction in the number of persons employed by the state shall result from attrition of employees and not dismissal.

(4) All records, real and personal property and unexpended balances of appropriations, allocations or other funds of the agencies, divisions, offices and programs whose functions are described in Section 1 of this act shall be transferred to the State Department of Children and Family Services.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.