MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Juvenile Justice; Appropriations

By: Representative Ford

AN ACT TO REENACT SECTIONS 43-27-301 THROUGH 43-27-307, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE JUVENILE HEALTH RECOVERY STUDY, CREATE THE JUVENILE HEALTH RECOVERY ADVISORY BOARD AND PRESCRIBE ITS POWERS AND DUTIES; TO REENACT AND AMEND SECTION 43-27-309, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL FROM JULY 1, 2001, TO JULY 1, 2002; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-27-301, Mississippi Code of 1972, is reenacted as follows:

43-27-301. The purpose of this chapter is to study the need for a comprehensive system of a multidisciplinary continuum of care and services for compulsory-school-age children, including, but not limited to, in-home treatment, family-based programs, therapeutic foster care, community-based programs, residential therapeutic facilities or rescue centers for certain categories of compulsory-school-age children. This program of study shall be known as the Juvenile Health Recovery Study. The Juvenile Health Recovery Study shall consist of an investigation and consideration of a full range of recommended treatment options for children in the following categories:

(a) Children suspended or expelled from a local school district for serious and chronic misconduct;

(b) Children diagnosed to have severe mental health problems who have been voluntarily placed in a program or facility by the child's parent(s) or guardian(s); or

(c) Neglected, abused or delinquent children with serious emotional or behavioral problems that would be subject to the jurisdiction of the Department of Human Services or the Youth Court. In addition, the review shall make specific findings and recommendations whether or not other categories of children not expressly provided above should be included within the scope of this program.

SECTION 2. Section 43-27-303, Mississippi Code of 1972, is reenacted as follows:

43-27-303. The Juvenile Health Recovery Review shall be conducted by a Juvenile Health Recovery Advisory Board consisting of the following members:

(a) The Attorney General;

(b) The Medical Director of the Division of Medicaid;

(c) The Director of the Division of Family and Children's Services, Department of Human Services;

(d) A representative from the Department of Mental Health;

(e) The Associate State Superintendent of Education, Office of Academic Education;

(f) The Public Policy Chair, Mississippi Early Childhood Association;

(g) The Executive Director of the Mississippi Association of School Superintendents;

(h) The Executive Director of the Public Education Forum of Mississippi;

(i) A pediatric specialist representative from the University Medical Center Children's Hospital;

(j) A representative from the Mississippi Economic Council; and

(k) Up to six (6) persons appointed by the chairman, of whom not less than three (3) shall have special expertise in working with children and youth special needs.

The Chairman of the House Juvenile Justice Committee and the Senate Juvenile Justice Committee shall serve as ex officio nonvoting members of the board. The board may accept grants, contributions or other funds from any other sources, either public or private, to employ consultants or other professionals as may be necessary to carry out the duties and responsibilities of the board.

No later than September 30, 1999, the Juvenile Health Recovery Advisory Board shall have an organizational meeting upon the call of the Attorney General, who shall serve as chairman of the board. A vice chairman shall also be selected by the membership of the advisory board. Board members may designate other appropriate representatives of their offices to attend and fully act for and on behalf of the board member. The chairman of the advisory board shall be responsible for establishing a calendar and notices of meetings.

SECTION 3. Section 43-27-305, Mississippi Code of 1972, is reenacted as follows:

43-27-305. The Juvenile Health Recovery Advisory Board shall study and make recommendations concerning the following powers and responsibilities:

(a) Rules and regulations as necessary to implement and administer a Juvenile Health Recovery Program;

(b) Development of a long-term comprehensive plan for implementation of a coordinated array of Juvenile Health Recovery Programs which may include in-home treatment, family-based programs, therapeutic foster care, community-based programs, regional family resource and youth services centers, rescue centers and residential therapeutic facilities;

(c) Location for five (5) pilot Juvenile Health Recovery Programs, one (1) to be in each of the five (5) Mississippi congressional districts;

(d) Need for the establishment or utilization of existing local interagency coordinating entities and multidisciplinary assessment and planning (MAP) teams as local advisory councils for each Juvenile Health Recovery Program. Such local advisory councils may assist in the coordination and provision of services to the children, and shall consist of the local school superintendent, local law enforcement officers, the director of the regional mental health/retardation center, school guidance counselors and other members as deemed appropriate by the board;

(e) Empirical and theoretical research to develop an appropriate cost/benefit analysis of the recommended programs upon full implementation, including a comparison of alternative societal costs which may be incurred without the recommended programs. Such costs may include estimates of incarceration in correctional institutions, law enforcement efforts, social services, legal services, judicial services and human suffering.

In addition to the foregoing responsibilities, the Juvenile Health Recovery Advisory Board may establish pilot Juvenile Health Recovery programs or Rescue Centers and may contract with providers of health, education and other residential services to the children to be served by such programs, provided that funding is secured from sources other than state appropriated funds and that such programs are consistent with the recommendations of the Juvenile Health Recovery Advisory Board.

SECTION 4. Section 43-27-307, Mississippi Code of 1972, is reenacted as follows:

43-27-307. The Juvenile Health Recovery Advisory Board shall submit to the Governor and the Legislature, on or before April 15, 2000, a recommendation for a comprehensive, multidisciplinary plan for the care, treatment and placement of children identified in Section 43-27-301. The advisory board shall submit to the Governor and the Legislature, on or before September 15, 2000, recommended rules and regulations for the operation of the Juvenile Health Recovery Program.

SECTION 5. Section 43-27-309, Mississippi Code of 1972, is reenacted and amended as follows:

43-27-309. This chapter, which establishes a Juvenile Health Recovery Review and a Juvenile Health Recovery Advisory Board, is repealed from and after July 1, 2002.

SECTION 6. This act shall take effect and be in force from and after July 1, 2001.