Adopted
AMENDMENT NO 1 PROPOSED TO
Cmte Sub for House Bill No. 753
BY: Representative Gipson
AMEND by deleting the underlined language on lines 23 to 34 and inserting in lieu thereof, the following:
"(b) When a caretaker of a vulnerable person refuses to allow the department reasonable access to conduct an investigation to determine if the vulnerable person is in need of protective services, the department may petition the court for an emergency order for injunctive relief to (i) relocate the vulnerable person to an appropriate care facility if funding exists and prohibit the alleged perpetrator from having access to the vulnerable person, or (ii) remove the caretaker, replace such with a new caretaker that is recommended by the department, and prohibit the alleged perpetrator from having access to the vulnerable person. This paragraph (b) shall be known and may be cited as "Nancy's Law.""
AMEND after line 169 by inserting the following new section and renumbering the succeeding section:
"SECTION 5. (1) As used in this section, "emergency placement" means those limited instances when the Mississippi Department of Child Protective Services is placing a child in the home of private individuals, including neighbors or friends, as a result of a sudden unavailability of the child's primary caretaker.
(2) During an emergency placement situation when a child must be placed in home care due to the absence of parents or custodians, the Mississippi Department of Child Protective Services (MDCPS) may request that a criminal justice agency perform a federal name-based criminal history records check of each adult residing in the home. Name-based check results may be provided to the Mississippi Criminal Information Center (MCIC) of the Mississippi Department of Public Safety, which shall then provide a complete set of each adult resident's fingerprints to the MCIC central repository for the immediate submission to the Federal Bureau of Investigation (FBI) within fourteen (14) calendar days from the date the name search was conducted. The central repository shall either positively identify the fingerprint subject or forward the fingerprints to the FBI within fourteen (14) calendar days from the date the name search was conducted. The child shall be removed from the home immediately if any adult resident fails to provide their fingerprints and written permission to perform a federal criminal history records check when requested.
(3) When placement of a child in a home is denied as a result of a name-based criminal history records check of a resident, and the resident contests that denial, each such resident shall, within fourteen (14) calendar days, submit to MDCPS a complete set of the resident's fingerprints with written permission allowing MCIC to forward the fingerprints to the MCIC criminal history records repository for submission to the FBI."
AMEND FURTHER THE TITLE on line 8, after the comma, by inserting the following: "TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CHILD PROTECTIVE SERVICES TO REQUEST THAT A CRIMINAL JUSTICE AGENCY PERFORM A FEDERAL NAME-BASED CRIMINAL HISTORY RECORDS CHECK OF EACH ADULT RESIDING IN THE HOME DURING AN EMERGENCY PLACEMENT SITUATION WHEN A CHILD MUST BE PLACED IN HOME CARE DUE TO THE ABSENCE OF PARENTS OR CUSTODIANS; TO PROVIDE THAT NAME-BASED CHECK RESULTS MAY BE PROVIDED TO THE MISSISSIPPI CRIMINAL INFORMATION CENTER (MCIC) OF THE DEPARTMENT OF PUBLIC SAFETY, WHICH SHALL THEN PROVIDE A COMPLETE SET OF EACH ADULT RESIDENT'S FINGERPRINTS TO THE MCIC CENTRAL REPOSITORY FOR THE IMMEDIATE SUBMISSION TO THE FBI WITHIN FOURTEEN CALENDAR DAYS FROM THE DATE THE NAME SEARCH WAS CONDUCTED; TO PROVIDE THAT THE CENTRAL REPOSITORY SHALL EITHER POSITIVELY IDENTIFY THE FINGERPRINT SUBJECT OR FORWARD THE FINGERPRINTS TO THE FBI WITHIN FOURTEEN CALENDAR DAYS FROM THE DATE THE NAME SEARCH WAS CONDUCTED"