Senate Bill 2022

AN ACT TO ABOLISH THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES EFFECTIVE JULY 1, 2015, AND TO TRANSFER ALL PROGRAMS, EMPLOYEES AND UNEXPENDED BALANCES OF APPROPRIATED FUNDS OF SAID AGENCY TO THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO PROVIDE FOR THE TRANSFER OF THE OFFICE OF YOUTH SERVICES TO THE OFFICE OF THE GOVERNOR; TO DIRECT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES WITH THE ASSISTANCE OF THE ATTORNEY GENERAL TO PHASE OUT ALL PROGRAMS OF SAID AGENCY AND ASSIST IN THE TRANSFER OF FORMER EMPLOYEES TO THE FEDERAL GOVERNMENT; TO PROVIDE A PHASE-OUT PLAN FOR THE PROGRAMS ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES; TO REPEAL SECTIONS 43-1-1 THROUGH 43-1-29, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH AND PROVIDE FOR THE ORGANIZATION OF THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES AND THE POSITION EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES, SECTIONS 43-1-31 THROUGH 43-1-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR MANDATORY STATE SUPPLEMENTAL PAYMENTS TO AGED, BLIND AND DISABLED PERSONS, SECTIONS 43-1-51 THROUGH 43-1-67, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH AND PROVIDE PROGRAMS FOR THE OFFICE OF CHILDREN AND YOUTH OF THE DEPARTMENT OF HUMAN SERVICES, SECTIONS 43-9-1 THROUGH 43-9-47, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A PROGRAM OF OLD-AGE ASSISTANCE UNDER THE FORMER DEPARTMENT OF PUBLIC WELFARE, AND SECTIONS 43-17-1 THROUGH 43-17-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDE A PROGRAM OF TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) UNDER THE DEPARTMENT OF HUMAN SERVICES; TO AMEND SECTION 43-27-2, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, EFFECTIVE JULY 1, 2015, THE OFFICE OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES SHALL BE WITHIN THE OFFICE OF THE GOVERNOR; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Effective July 1, 2015, the Mississippi Department of Human Services shall be abolished and all federally funded programs, with the exception of the Office of Youth Services, transferred to the United States Department of Health and Human Services. On July 1, 2015, the Office of Youth Services of the Mississippi Department of Human Services shall be transferred to the Office of the Governor. The Governor, acting through the Executive Director of the Mississippi Department of Human Services, shall have full authority to administer and manage the phase out of this agency and the transfer of its federally funded programs to the federal government as provided in Section 2 of this act.

(2) Effective July 1, 2015, all records, personnel, personal property and unexpended balances of appropriations, allocations, vendor contracts or other funds of the Mississippi Department of Human Services shall be transferred to the United States Department of Health and Human Services, except that the records, personnel, personal property and unexpended balances of appropriations, allocations, vendor contracts or other funds of the Office of Youth Services of the Department of Human Services shall be transferred to the Office of the Governor. All employees of the Mississippi Department of Human Services, with the exception of employees of the Office of Youth Services, shall be transferred according to the rules and regulations of the appropriate federal civil service agency, and it is the intent of the Legislature that persons employed by the state agency shall be re-employed by the federal agency where possible and not dismissed.

(3) The Executive Director of the Mississippi Department of Human Services, with the assistance of the Attorney General, shall have full authority to execute agreements and employee transfers on behalf of the State of Mississippi in order to administer the transfer intended under this act.

(4) Effective July 1, 2015, the term "Department of Human Services" wherever it appears in the laws of Mississippi shall mean the "United States Department of Health and Human Services."

SECTION 2. (1) In order to provide a reasonable transition, the Executive Director of the Department of Human Services shall implement the following Department of Human Services' Phase-Out Plan:

(a) 2013 (i) The Department of Human Services shall submit State Plan Amendments as follows:

1. Submit 2014 changes for Social Services Block Grant (SSBG), Temporary Assistance for Needy Families (TANF), Low-Income Home Energy Assistance Program (LIHEAP), and Weatherization Assistance Program (WAP).

2. Submit 2015 changes for Division of Child Support Enforcement (DCSE), Division of Early Childhood Care and Development (DECCD), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF).

(ii) The Department of Human Services shall provide reasonable notice and a hearing to recipients of department services in order to provide procedural due process as follows:

1. Notify recipients from all programs of the state's intent to discontinue funding.

2. Hold hearings in compliance with federal regulations and schedule accordingly.

(b) 2014 (i) The Department of Human Services shall submit State Plan Amendments as follows: Submit 2015 changes for Social Services Block Grant (SSBG), Low-Income Home Energy Assistance Program (LIHEAP), Weatherization Assistance Program (WAP), Title IV-E, Chafee Foster Care Independence Program (CFCIP), Child Abuse Prevention and Treatment Act, and Community Services Block Grant (CSBG).

(ii) The Division of Aging and Adult Services (DAAS) shall:

1. Redistribute Social Services Block Grant (SSBG) funding for Aging and Adult Services as follows:

A. Seventy-five percent (75%) to Family and Children's Services (FCS) Child Welfare.

B. Twenty-five percent (25%) to Special Projects.

2. Reduce the Department of Human Services staff for Division of Aging and Adult Services (DAAS) activities to level that can be funded by available state match.

(iii) The Family and Children's Services (FCS) Promoting Safe and Stable Families Program shall:

1. Redistribute Social Services Block Grant (SSBG) funding for FCS Promoting Safe and Stable Families to Special Projects.

2. Reduce the Department of Human Services staff used for FCS Promoting Safe and Stable Families.

(iv) The Division of Community Services shall:

1. Decline funding for Low-Income Home Energy Assistance Program (LIHEAP) and Weatherization Assistance Program (WAP).

2. Eliminate related Department of Human Services staff.

(v) The Family and Children's Services (FCS) Child Welfare shall eliminate use of TANF funds for FCS Child Welfare.

(vi) The Family and Children's Services (FCS) Foster Care and Adoption Assistance Program shall:

1. Decline Title IV-E funds.

2. Eliminate Department of Human Services staff related to program.

3. Reduce Department of Human Services staff in child support enforcement.

(vii) The Family and Children's Services (FCS) Chafee Programs shall:

1. Decline funding under Chafee Foster Care Independence Program (CFCIP).

2. Eliminate Department of Human Services staff related to program.

1. Decline remaining Social Services Block Grant (SSBG) funds for FCS Child Welfare.

2. Eliminate related Department of Human Services staff.

(ii) The Family and Children's Services (FCS) Child Abuse Prevention and Treatment Act Program shall:

1. Decline funds under program.

2. Eliminate related Department of Human Services staff.

(iii) The Department of Human Services shall decline remaining Social Services Block Grant (SSBG) funds used for Special Projects.

(iv) The Community Services Block Grant (CSBG) shall:

1. Decline CSBG funds.

2. Eliminate related Department of Human Services staff.

(v) The Division of Child Support Enforcement (DCSE) shall reduce Department of Human Services, Office of Programs, staff for DCSE services to the number needed to accommodate for Medicaid recipients.

(vi) The Division of Early Childhood Care and Development (DECCD) shall reduce staff for DECCD services.

(vii) The Supplemental Nutrition Assistance Program (SNAP) shall eliminate staff for SNAP services.

(viii) The Temporary Assistance for Needy Families Program (TANF) shall eliminate staff for TANF services.

(ix) The Emergency Food Assistance Program (EFAP) shall eliminate staff for EFAP services.

(2) All divisions under the Department of Human Services Office of Programs shall be phased out in 2015 in accordance with the reduction in funding for each program serving the Department of Human Services clients.

SECTION 3. Effective July 1, 2015, Sections 43-1-1, 43-1-2, 43-1-3, 43-1-4, 43-1-5, 43-1-6, 43-1-7, 43-1-8, 43-1-9, 43-1-10, 43-1-11, 43-1-12, 43-1-13, 43-1-15, 43-1-17, 43-1-19, 43-1-21, 43-1-23, 43-1-25, 43-1-27, 43-1-28 and 43-1-29, Mississippi Code of 1972, which establish and provide for the organization of the Mississippi Department of Human Services and the position Executive Director of the Department of Human Services; Sections 43-1-31, 43-1-33, 43-1-35 and 43-1-37, Mississippi Code of 1972, which provide for mandatory state supplemental payments to aged, blind and disabled persons; Sections 43-1-51, 43-1-53, 43-1-55, 43-1-57, 43-1-61, 43-1-63, 43-1-65 and 43-1-67, Mississippi Code of 1972, which establish and provide programs for the Office of Children and Youth of the Department of Human Services; Sections 43-9-1, 43-9-3, 43-9-5, 43-9-7, 43-9-9, 43-9-11, 43-9-13, 43-9-15, 43-9-17, 43-9-19, 43-9-21, 43-9-23, 43-9-25, 43-9-27, 43-9-29, 43-9-31, 43-9-33, 43-9-36, 43-9-37, 43-9-39, 43-9-41, 43-9-43, 43-9-45 and 43-9-47, Mississippi Code of 1972, which provide a program of old-age assistance under the former Department of Public Welfare; and Sections 43-17-1, 43-17-3, 43-17-5, 43-17-7, 43-17-9, 43-17-11, 43-17-13, 43-17-15, 43-17-17, 43-17-19, 43-17-19, 43-17-21, 43-17-23, 43-17-25, 43-17-31, 43-17-33, 43-17-35, 43-17-37 and 43-17-39, Mississippi Code of 1972, which provide a program of Temporary Assistance to Needy Families (TANF) under the Department of Human Services, are hereby repealed.

SECTION 4. Section 43-27-2, Mississippi Code of 1972, is amended as follows:

43-27-2. * * *~~The Department of Human Services~~ Effective July 1, 2015, the Office of the Governor shall be the * * *~~Department~~ Office of Youth Services, formerly under the Mississippi Department of Human Services, and shall retain all powers and duties granted by law to the Department of Youth Services, and wherever the term "Department of Youth Services" appears in any law the same shall mean the * * *~~Department of Human Services~~ Office of the Governor. The Executive Director of the * * *~~department~~ Office of Youth Services may assign to appropriate divisions such powers and duties as deemed appropriate to carry out the functions of the * * *~~department~~ office. The * * *~~executive director of the department~~ Governor may assign such powers and duties as deemed appropriate to carry out the functions of the department.

SECTION 5. This act shall take effect and be in force from and after July 1, 2013.