MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary B

By: Representative Hines

House Bill 1330

AN ACT TO CREATE THE MISSISSIPPI TASK FORCE ON OPEN ADOPTIONS; TO DESCRIBE THE PURPOSE OF SUCH TASK FORCE; TO LIST THE MEMBERS OF THE TASK FORCE; TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE TASK FORCE; TO REQUIRE THE TASK FORCE TO SUBMIT A REPORT OF ITS FINDINGS TO THE LEGISLATURE AND THE GOVERNOR; TO PROVIDE A DISSOLUTION DATE FOR THE TASK FORCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is created the Mississippi Task Force on Open Adoptions.  The purpose of the task force is to review the rules and regulations regarding open adoptions in other states, to determine the effect of the open adoption process on the current adoption laws in Mississippi, to develop the positive and negative implications of allowing open adoption policies and procedures in Mississippi, and to make recommendations on whether Mississippi should implement an open adoption policy in the state. 

     (2)  The Mississippi Task Force on Open Adoptions shall be composed of the following seven (7) members:

          (a)  The Chairman of the House of Representatives Committee on Youth and Family Affairs, or his or her designee;

          (b)  The Chairman of the House of Representatives Committee on Public Health and Human Services, or his or her designee;

          (c)  The Chairman of the Senate Committee on Public Health and Welfare, or his or her designee;     

          (d)  The Chairman of the Senate Committee on Judiciary, Division A, or his or her designee;

          (e)  The Executive Director of the Mississippi Department of Human Services, or his or her designee;

          (f)  The Executive Director of the Mississippi State  Department of Health, or his or her designee; and

          (g)  One (1) individual, who is an advocate of adoption, appointed by the Governor.

     (2)  The Mississippi Task Force on Open Adoptions shall have the following duties:

          (a)  To review the current laws regarding adoptions in Mississippi and determine how implementing an open adoption process would change them;

          (b)  To study the legislation allowing open adoptions in other states and determine the reasons why allowing such legislation in Mississippi would be positive and negative;

          (c)  To review reports, studies, and materials as it deems appropriate;

          (d)  To require testimony from any agency as it deems appropriate;

          (e)  To appoint such subcommittees as it finds proper;

          (f)  To study any proposed legislation regarding open adoptions and determine why such legislation failed;

          (g)  To make recommendations based on its findings on whether Mississippi should implement open adoption policies and procedures; and

          (h)  To submit a detailed report from its findings in paragraph (g) of this subsection (2) to the Legislature and the Governor not later than January 1, 2016. 

     The Mississippi Department of Human Services shall provide appropriate staff support to assist the task force in carrying out its duties.  The Executive Director of the Mississippi Department of Human Services shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force.

     In making the recommendations and filing the report, the Mississippi Task Force on Open Adoptions may seek input from all branches of state and local government, governmental agencies, businesses and nonprofit organizations throughout this state as is necessary for proper review.  After submitting the report required in this paragraph (h), the Mississippi Task Force on Open Adoptions shall be dissolved. 

     (3)  At its first meeting, the task force shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records.  Each member of the task force shall be paid per diem in the amount provided in Section 25-3-69 for each day he or she is engaged in the business of the task force.  Members of the task force shall also receive reimbursement for travel expenses incurred while engaged in the official business of the task force in accordance with Section 25-3-41.  

     (4)  Notwithstanding any provisions of the laws of the State of Mississippi, any agency or other entity that possesses information that may be beneficial to the task force shall be required to cooperate with the Mississippi Task Force on Open Adoptions in producing the information.  

     SECTION 2.  This act shall take effect and be in force from and after its passage.