MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Appropriations

By: Senator(s) Fillingane

Senate Bill 2675

AN ACT TO AMEND SECTION 43-26-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE A SUBAGENCY WITHIN THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES AND TO PROVIDE THAT THE COMMISSIONER OF THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL MAINTAIN OPERATIONAL CONTROL OVER THE FUNCTIONS OF THE DEPARTMENT OF CHILD PROTECTION SERVICES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 43-26-1, Mississippi Code of 1972, is amended as follows:

     43-26-1.  (1)  There is hereby created a Mississippi Department of Child Protection Services.

     (2)  The Chief Administrative Officer of the Department of Child Protection Services shall be the Commissioner of Child Protection Services who shall be appointed by the Governor with the advice and consent of the Senate.  The commissioner shall possess the following qualifications:

          (a)  A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or

          (b)  A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance, law or accounting.

     (3) * * *  On a temporary basis, but for no longer than March 1, 2017,  The Department of Child Protection Services * * * may function as a Division of the shall be a subagency independent of, though housed within, the Mississippi Department of Human Services.  The Commissioner of the Department of Child Protection Services shall maintain complete and exclusive operational control of the Department of Child Protection Services' functions, except functions shared with the Department of Human Services as provided in subsection (5)(c) and (d) of this section.  The Department of Child Protection Services shall prepare its own budget request, and shall exercise complete control over the state funds and pins appropriated for its work, as well as any federal funds solely applicable to child protection services.

     (4)  The Commissioner of Child Protection Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the programs transferred to the department under Chapter 494, Laws of 2016. * * *  The commissioner is authorized to employ three (3) administrators who shall serve at his will and pleasure to direct the bureaus and offices necessary to carry out the lawful functions of the programs transferred to the department.

     (5)  The Commissioner of Child Protection Services and the Executive Director of the Department of Human Services shall develop and implement a plan for the orderly establishment of the Department of Child Protection Services and its transition from the Office of Family and Children's Services of the Department of Human Services.  The plan shall:

          (a)  Describe a mechanism for the transfer of any equipment, supplies, records, furnishings or other materials, resources or funds dedicated to the operation of the Office of Family and Children's Services of the Department of Human Services, which may be useful to the Department of Child Protection Services;

          (b)  Determine the allocation of resources between the newly created Department of Child Protection Services and the Department of Human Services, as practicable;

          (c)  Determine the allocation of functions where the performance of services may be shared between the Department of Child Protection Services and other employees of the Department of Human Services, as practicable;

          (d)  Determine whether any administrative support services, such as Information Technology Services, bookkeeping and payroll can continue to be provided by the Department of Human Services; and

          (e)  Identify other areas deemed relevant by the commissioner and make recommendations thereon to achieve an orderly transition.

 * * * The Commissioner of Child Protection Services and the Executive Director of the Department of Human Services shall recommend any necessary legislation to the Governor and the Legislature before the 2017 Regular Session.

     (6) * * *  The new Mississippi Department of Child Protection Services is authorized to carry out the duties and responsibilities of the Office of Family and Children's Services of the Department of Human Services during the transition period from and after May 13, 2016, through July 1, 2018.  The Office of Family and Children's Services of the Department of Human Services is directed to cooperate with the new department in transferring resources and employees in furtherance of Chapter 494, Laws of 2016.  From and after July 1, 2018,  The programs and services provided by the Office of Family and Children's Services of the Department of Human Services under the following statutes shall be provided by the Department of Child Protection Services:  Sections 41-87-5, 41-111-1, 43-1-2, 43-1-51, 43-1-55, 43-1-57, 43-1-63, 43-15-3, 43-15-5, 43-15-6, 43-15-13, 43-15-15, 43-15-17, 43-15-19, 43-15-21, 43-15-23, 43-15-51, 43-15-103, 43-15-105, 43-15-115, 43-15-125, 43-15-201, 43-15-203, 43-15-207 and 43-18-3, Mississippi Code of 1972.

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

---