MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary B

By: Representatives Gipson, Sykes, Gibbs (72nd), Holloway

House Bill 801

(As Sent to Governor)

AN ACT TO AMEND SECTION 43-15-14, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHILDREN TO BE PLACED IN THE HOME OF A RELATIVE IN EMERGENCY PLACEMENT BECAUSE OF SUDDEN UNAVAILABILITY OF THEIR PRIMARY CAREGIVER; TO INCREASE TO FIFTEEN DAYS THE MAXIMUM TIME TO SUBMIT FINGERPRINTS OF ADULTS RESIDING IN THE PLACEMENT HOME TO THE MCIC OR FBI AND THE MAXIMUM TIME FOR A PERSON TO SUBMIT FINGERPRINTS AFTER BEING DENIED PLACEMENT OF A CHILD IN THEIR HOME; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 43-15-14, Mississippi Code of 1972, is amended as follows:

     43-15-14.  (1)  As used in this section, "emergency placement" means those limited instances when the Mississippi Department of Child Protection Services is placing a child in the home of private individuals, including relatives, 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 Protection 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) fifteen (15) 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) fifteen (15) 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 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) fifteen (15) 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.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.