MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representative Anderson
AN ACT TO ESTABLISH A KINSHIP CARE SUBSIDY PROGRAM IN THE DEPARTMENT OF HUMAN SERVICES FOR THE PURPOSE OF ASSISTING ELIGIBLE KINSHIP CAREGIVERS WHO HAVE LEGAL CUSTODY OR GUARDIANSHIP OF THEIR MINOR RELATIVES WHO LIVE IN THE CAREGIVERS' HOMES; TO SPECIFY THE CRITERIA FOR A KINSHIP CAREGIVER TO BE ELIGIBLE FOR A SUBSIDY UNDER THE PROGRAM; TO PROVIDE THAT ANY KINSHIP CAREGIVER CONVICTED OF A CONTROLLED SUBSTANCE FELONY SHALL BE DISQUALIFIED FROM APPLYING FOR A SUBSIDY UNDER THE PROGRAM FOR ONE YEAR; TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH THE AMOUNT OF THE SUBSIDY BY REGULATION; TO PROVIDE THAT THE SUBSIDY SHALL BE FUNDED THROUGH THE TANF BLOCK GRANT; TO PROHIBIT SUBSIDY RECIPIENTS FROM USING THE BENEFITS IN CERTAIN PLACES; TO AMEND SECTIONS 43-15-17 AND 43-17-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Creation. There is established a Kinship Care Subsidy Program in the Department of Human Services for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree, who have legal custody or guardianship of their minor relatives.
(2) Definitions. For purposes of this section, the following terms shall have the meanings as defined in this subsection:
(a) "Adult paraphernalia store" means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement.
(b) "Amusement attraction" means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement. The term "amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, including zoos and aquariums, science, religion, sports, or the arts.
(c) "Amusement ride" means any mechanized device or combination of devices that carry passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. The term "amusement ride" includes inflatables.
(d) "Automated teller machine" means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic strip card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system.
(e) "Bail" means security given by a person to assure his appearance, or the appearance of a third party, before the proper court whenever required.
(f) "Bar" means a business that holds an on-premises retail permit's under Section 67-1-51 and the primary purpose of the business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. The term "bar" includes, without limitation, taverns, saloons, nightclubs, cocktail lounges and cabarets.
(g) "Cash assistance" means funds that the Department of Human Services provides through the Temporary Assistance for Needy Families (TANF) Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs.
(h) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(i) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin;
(ii) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. For the purposes of this subparagraph, the term "body piercing" does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear; or
(iii) Application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including, but not limited to, permanent eyeliner, eye shadow, or lip color.
(i) "Cruise ship" means any commercial ship used for the domestic or international carriage of passengers.
(j) "Electronic benefits transfer transaction" and "EBT transaction" mean the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds.
(k) "Gaming establishment" means a gambling casino and any other establishment that provides gaming activities that are subject to regulation by the Mississippi Gaming Commission. The term "gaming establishment" does not include either of the following:
(i) A grocery store that sells groceries including staple foods and that also offers, or is located within the same building or complex as, casino activities, gambling, or gaming activities; or
(ii) Any establishment that offers casino, gambling, or gaming activities that are incidental to the principal purpose of the business.
(l) "Jewelry" means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry.
(m) "Kinship caregiver" means the grandparent, step-grandparent, aunt, uncle, or other adult relative within the fifth degree of consanguinity.
(n) "Liquor store" means any retail establishment that sells exclusively or primarily intoxicating liquor. The term "liquor store" does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.
(o) "Minor relative" means a grandchild, step-grandchild, or other minor relative not the natural or adopted child of the kinship caregiver who is under eighteen (18) years of age and who meets the definition of "dependent child" in Section 43-17-3.
(p) "Nail salon" means a commercial establishment that provides nail services of any kind including, but not limited to, trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet.
(q) "Point-of-sale terminal" means an electronic hardware device that meets all of the following criteria:
(i) May be used at a retailer's place of business where consumers pay for goods or services; and
(ii) Is capable of the following:
1. Initiating a request for authorization of a purchase of tangible personal property;
2. Disbursing currency from an account;
3. Initiating a balance inquiry for an account; and
4. Distributing assistance through an electronic benefits transfer system.
(r) "Psychic" means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation.
(s) "Sexually oriented business" means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(3) Eligibility. To be eligible to qualify for a subsidy under the Kinship Care Subsidy Program, a kinship caregiver of a minor relative must meet the following requirements:
(a) Possess or obtain, within one (1) year of enrolling in the program, legal custody or guardianship of a minor relative who is living in his or her home;
(b) Have an annual income of less than one hundred fifty percent (150%) of the federal poverty level, in accordance with the size of the family applying for the subsidy;
(c) Apply for benefits through the Family Independence Temporary Assistance for Needy Families (TANF) Program;
(d) Have neither of the minor relative's parents residing in applicant's household; and
(e) Agree to pursue the enforcement of child support obligations against the parents of the minor relative with the assistance of the Department of Human Services in accordance with applicable law.
(4) Disqualification. Any kinship caregiver convicted of a felony of possession, use, or distribution of a controlled substance as defined in 41-29-105 shall be disqualified from applying for a subsidy under this section for one (1) year from the date of conviction, or if incarcerated, for one (1) year from the date of release from incarceration.
(5) Subsidy amounts. The Department of Human Services shall promulgate rules and regulations to establish the amount of the subsidy to be awarded on behalf of each minor relative.
(6) Rules, regulations, and procedures. The Department of Human Services shall promulgate rules and regulations to provide for any other eligibility requirements that are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with this section and any federal requirements, to promote the safety and well-being of any minor relative for whom subsidies are issued, and to establish procedures for reconsideration of eligibility of applicants no less than annually.
(7) Administration and funding. The subsidy provided for in this section shall be administered by the Department of Human Services and funded through the TANF block grant.
(8) Prohibited uses of benefits. (a) A recipient of Kinship Care Subsidy Program benefits shall not use those benefits in an electronic benefits transfer transaction in any of the following places:
(i) A liquor store;
(ii) A gaming establishment;
(iii) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes;
(iv) An adult bookstore;
(v) An adult paraphernalia store;
(vi) A sexually oriented business;
(vii) A commercial body art facility;
(viii) A nail salon;
(ix) A jewelry store;
(x) An amusement ride;
(xi) An amusement attraction;
(xii) A bail bonds company;
(xiii) A bar;
(xiv) A cruise ship;
(xv) A psychic business; or
(xvi) An establishment where persons under eighteen (18) years of age are not permitted to enter.
(b) A recipient of Kinship Care Subsidy Program benefits shall not use such benefits in any electronic benefits transfer transaction at a retailer for the purchase of any of the following:
(i) An alcoholic beverage as defined in Section 67-1-5, or beer or light wine as defined in Section 67-3-3;
(ii) A tobacco product as defined in Section 97-32-3;
(iii) A ticket for a lottery; or
(iv) Jewelry.
(c) The Kinship Care Subsidy Program case of any recipient who violates the provisions of this section shall be closed in accordance with the following schedule:
(i) Case closure for a period of twelve (12) months for the first violation.
(ii) Case closure for a period of twenty-four (24) months for the second violation.
(iii) Permanent case closure for the third violation.
(iv) A recipient whose Kinship Care Subsidy Program case is closed under the provisions of this paragraph (c) shall have the right to a hearing conducted by the Department of Human Services.
SECTION 2. Section 43-15-17, Mississippi Code of 1972, is amended as follows:
43-15-17. (1) The Department of Human Services is authorized to make such payments as may be appropriate for supportive services to facilitate either the return of children to their natural parents or their adoption, depending upon and contingent upon the availability of the Department of Human Services securing or having sufficient funds to render this supportive service. Upon court order, the parent(s) shall be responsible for reimbursing the department for any foster care or kinship care payments made on behalf of his or her child, based upon financial ability to pay, until such time as there is a termination of parental rights regarding the child, or the child is adopted.
(2) For those children placed in foster care by the state or county departments of human services, the department shall make monthly payments for the support of these children's room and board, clothing, allowance and personal needs. From and after July 1, 1998, and subject to the availability of funds specifically appropriated therefor, the Department of Human Services' foster care and therapeutic care monthly payment schedule in effect before that date shall be increased by One Hundred Dollars ($100.00) per month, with that minimum payment not to preclude the department from increasing payments in later years as funds become available. From and after July 1, 1998, in order for foster parents to receive the monthly payments authorized under this subsection (2), the Department of Human Services shall require foster care placements to be licensed as foster care homes and shall require prospective foster parents to satisfactorily complete an appropriate training program that emphasizes the goal of the foster care program to provide stable foster placement until a permanency outcome is achieved.
(3) For a child placed in the care of the child's relative within the third degree by the state or county departments of human services, the department shall make monthly payments to defray the relative's expense of furnishing room and board. The department's relative care payment shall be in an amount up to one hundred percent (100%) of the amount of the foster care board payment. The department may continue to make those payments to the relative after the department relinquishes legal custody of the child to the relative. Any such payments for relative care shall be subject to specific appropriation therefor by the Legislature. A kinship caregiver of a minor relative who receives a subsidy from the Kinship Care Subsidy Program under Section 1 of this act is not eligible to receive payments under this subsection for providing care to the same minor relative.
SECTION 3. Section 43-17-7, Mississippi Code of 1972, is amended as follows:
43-17-7. (1) The state department shall:
(a) Supervise the administration of the Temporary Assistance to Needy Families (TANF) program under this chapter by the county departments;
(b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter. All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county departments;
(c) Prescribe the form of, and print and supply to the county departments such forms as it may deem necessary and advisable;
(d) Cooperate with the federal government in matters of mutual concern pertaining to the TANF program;
(e) Make such reports in such form and containing such information as the federal government may from time to time require, and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;
(f) Publish an annual report and such interim reports as may be necessary;
(g) Establish rules and regulations restricting the use or disclosure of information, records, papers, files and communications concerning applicants and recipients to purposes directly connected with the administration of the TANF program, in compliance with federal law;
(h) When the state agency has reason to believe that the home in which a relative and child receiving TANF assistance reside is unsuitable for the child because of the neglect, abuse or exploitation of such child, the state department shall bring such condition to the attention of the appropriate court or law enforcement agencies, and provide such data with respect to the situation as the department may have;
(i) As required by federal law, to provide for the development and implementation of a program under which the department will undertake, in the case of a child born out of wedlock who is receiving TANF assistance authorized herein, to establish the paternity of such child and secure support for him; and, in the case of any child receiving TANF assistance from the department who has been deserted or abandoned by his parent, to secure support for such child from such parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other states to obtain or enforce court orders for support;
(j) Provide for
entering into cooperative arrangements with appropriate courts and law
enforcement officials to assist the department in administering the program
referred to in paragraph (i), including the entering into of financial
arrangements with such courts and officials in order to assure optimum results
under such program, and with respect to any other matters of common concern to
such courts or officials in the department * * *; and
(k) Coordinate the administration of the Kinship Care Subsidy Program established under Section 1 of this act with the TANF program.
(2) The Department of Human Services shall include the following agencies currently providing services to TANF and food stamp recipients in any planning activities with respect thereto, and those agencies shall cooperate with the department and provide information as necessary in order to ensure the full utilization of all economic assistance programs: the State Department of Mental Health, the State Department of Rehabilitation Services, the Mississippi Department of Corrections, the Mississippi Department of Transportation, the State Department of Public Safety, the Division of Medicaid, the State Department of Health and the State Department of Education.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.