MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary A
By: Representative Gunn
AN ACT TO CREATE THE "BOARD OF TRUSTEES OF THE MISSISSIPPI ADOPTION LICENSURE AUTHORITY"; TO CREATE "THE MISSISSIPPI ADOPTION RELIEF FUND"; TO AMEND SECTION 43-15-103, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITIONS OF THE ADOPTION AGENCY REGULATIONS; TO AMEND SECTION 43-15-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE ADOPTION LICENSURE AUTHORITY SHALL BE THE LICENSING AGENCY FOR ADOPTIONS; TO AMEND SECTIONS 43-15-107, 43-15-109 AND 43-15-111, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION PROCESS FOR ADOPTION LICENSES; TO AMEND SECTION 43-15-113, MISSISSIPPI CODE OF 1972, TO ADD CONDITIONS FOR GRANTING NEW LICENSES AFTER REVOCATION OF LICENSES; TO AMEND SECTION 43-15-117, MISSISSIPPI CODE OF 1972, TO PROHIBIT AN ATTORNEY FROM SHARING ANY FEES PROVIDED FOR ADOPTION SERVICES; TO AMEND SECTION 43-15-115, MISSISSIPPI CODE OF 1972, TO REGULATE DISBURSEMENT OF MONIES BETWEEN ADOPTION AGENCIES AND ATTORNEYS; TO AMEND SECTION 43-15-119, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DIVISION TO ENLIST THE BOARD UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 43-15-123 AND 43-15-125, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is established the Board of Trustees of the Mississippi Adoption Licensure Authority, which shall consist of the following members:
(a) Two (2) members selected by the commissioner of the Mississippi Department of Child Protection Services;
(b) Three (3) members selected by majority vote of the adoption agencies that are currently licensed by the Mississippi Department of Child Protection Services;
(c) Two (2) members selected by a majority vote of the residential child-caring agencies that are currently licensed with the Mississippi Department of Child Protection Services.
(2) (a) The persons initially appointed by the Commissioner of the Department of Child Protection Services and the persons initially appointed by the residential child-caring agencies shall serve terms ending June 30, 2025. The persons initially appointed by the adoption agencies shall serve a term ending June 30, 2026.
After the expiration of the initial terms, each such appointment shall be for a term of four (4) years from the expiration of the previous term, except such persons shall serve at the will and pleasure of the appointing authority.
(b) A majority of the voting members of the board shall constitute a quorum for the conduct of meetings, and all actions of the board shall require a majority vote of the voting members of the board.
(c) The board shall annually elect one (1) voting member to serve as chairman and one (1) voting member to serve as vice chairman. The vice chairman shall act as chairman in the absence or disability of the chairman, or if there is a vacancy in the office of the chairman.
(3) The members of the board shall receive a per diem as provided in Section 25-3-69, plus travel and necessary expenses incidental to the attendance at each board meeting, including mileage, as provided in Section 25-3-41.
(4) No board member shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated, as provided in Section 25-4-105.
(5) The board shall not approve any payment to any entity of which a voting member of the board is an executive, member or employee.
(6) The Mississippi Department of Child Protection Services shall provide the office space, staff and other support necessary for the board to perform its duties.
SECTION 2. (1) There is hereby created in the State Treasury a special fund to be known as the "Mississippi Adoption Relief Fund". The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Donations or grant funds received;
(d) Monies from licensing fees for adoption agencies; and
(e) Monies received from such other sources as may be provided by law.
(2) The monies shall be used by the board only for the purpose of performing its duties related to the licensing and regulation of adoption agencies and adoption services provided in this act.
(3) From and after July 1, 2023, the expenses of the fund shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
SECTION 3. Section 43-15-103, Mississippi Code of 1972, is amended as follows:
43-15-103. As used in this article:
(a) "Adoption agency" means any entity that provides adoption services.
(b) "Adoption services" means any services provided by an entity that facilitates an adoption. Such services include, but are not limited to:
(i) Child placing as defined in Section 43-15-103(c)(i) and (ii);
(ii) Solicit money or other assistance for adoption;
(iii) Assisting a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted;
(iv) Adoptions;
(v) Adoption counseling;
(vi) Financial aid for adoption;
(vii) Advertising in the media markets in Mississippi seeking birth mothers or their children for adoption purposes; or
(viii) Payment of fees for medical, legal or other services rendered in connection with the care of a mother, delivery and care of a child including, but not limited to, the mother's living expenses, or counseling for the parents and/or the child, and for the legal proceedings related to lawful adoption proceedings.
* * *
(c) "Board" means the Board of Trustees of the Mississippi Adoption Licensure Authority.
( * * *d) "Child" or "children"
mean(s) any unmarried person or persons under the age of eighteen (18) years.
( * * *e) "Child placing" means
receiving, accepting or providing custody or care for any child under eighteen
(18) years of age, temporarily or permanently, for the purpose of:
(i) Finding a person to adopt the child;
(ii) Placing the child temporarily or permanently in a home for adoption; or
(iii) Placing a child in a foster home or residential child-caring agency.
( * * *f) "Child-placing agency"
means any entity or person which places children in foster boarding homes or
foster homes for temporary care or for adoption or any other entity or person
or group of persons who are engaged in providing adoption studies or foster
care studies or placement services as defined by the rules of the department.
( * * *g) "Department" means the
Mississippi Department of Human Services.
( * * *h) "Director" means the
Director of the Division of Family and Children's Services.
( * * *i) "Division" means the
Division of Family and Children's Services within the Mississippi Department of
Human Services.
( * * *j) "Family boarding home" or
"foster home" means a home (occupied residence) operated by any
entity or person which provides residential child care to at least one (1)
child but not more than six (6) children who are not related to the primary
caregivers.
( * * *k) "Group care home" means
any place or facility operated by any entity or person which provides
residential child care for at least seven (7) children but not more than twelve
(12) children who are not related to the primary caregivers.
( * * *l) "Licensee" means any
person, agency or entity licensed under this article.
( * * *m) "Maternity home" means
any place or facility operated by any entity or person which receives, treats
or cares for more than one (1) child or adult who is pregnant out of wedlock,
either before, during or within two (2) weeks after childbirth; provided, that
the licensed child-placing agencies and licensed maternity homes may use a
family boarding home approved and supervised by the agency or home, as a part
of their work, for as many as three (3) children or adults who are pregnant out
of wedlock, and provided further, that the provisions of this definition shall
not include children or women who receive maternity care in the home of a
person to whom they are kin within the sixth degree of kindred computed
according to civil law, nor does it apply to any maternity care provided by
general or special hospitals licensed according to law and in which maternity
treatment and care are part of the medical services performed and the care of
children is brief and incidental.
( * * *n) "Office" means the Office
of Licensing within * * * the Mississippi Department of Child Protection Services.
( * * *o) "Person associated with a licensee"
means an owner, director, member of the governing body, employee, provider of
care and volunteer of a human services licensee.
( * * *p) "Related" means children,
step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood,
step-siblings, nieces or nephews of the primary care provider.
( * * *q) "Residential child care"
means the provision of supervision, and/or protection, and meeting the basic
needs of a child for twenty-four (24) hours per day, which may include services
to children in a residential setting where care, lodging, maintenance and counseling
or therapy for alcohol or controlled substance abuse or for any other emotional
disorder or mental illness is provided for children, whether for compensation
or not.
( * * *r) "Residential child-caring
agency" means any place or facility operated by any entity or person,
public or private, providing residential child care, regardless of whether
operated for profit or whether a fee is charged. Such residential child-caring
agencies include, but are not limited to, maternity homes, runaway shelters,
group homes that are administered by an agency, and emergency shelters that are
not in private residence.
SECTION 4. Section 43-15-105, Mississippi Code of 1972, is amended as follows:
43-15-105. (1) The Division of Family and Children's Services shall be the licensing authority for the department, and is vested with all the powers, duties and responsibilities described in this article. The division shall make and establish rules and regulations regarding:
(a) Approving, extending, denying, suspending and revoking licenses for foster homes, residential child-caring agencies and child-placing agencies;
(b) Conditional licenses, variances from department rules and exclusions;
(c) Basic health and safety standards for licensees; and
(d) Minimum administration and financial requirements for licensees.
(2) The division shall:
(a) Define information that shall be submitted to the division with an application for a license;
(b) Establish guidelines for the administration and maintenance of client and service records, including staff qualifications, staff to client ratios;
(c) Issue licenses in accordance with this article;
(d) Conduct surveys and inspections of licensees and facilities;
(e) Establish and collect licensure fees;
(f) Investigate complaints regarding any licensee or facility;
(g) Have access to all records, correspondence and financial data required to be maintained by a licensee or facility;
(h) Have authority to interview any client, family member of a client, employee or officer of a licensee or facility; and
(i) Have authority to revoke, suspend or extend any license issued by the division.
(3) The Board of Trustees of the Mississippi Adoption Licensure Authority shall be the licensing authority for the department for all matters regarding adoptions and adoption agencies, and is vested with all the powers, duties and responsibilities described in this article. The board shall make and establish rules and regulations regarding:
(a) Approving, extending, denying, suspending and revoking licenses for adoption agencies;
(b) Conditional licenses, variances from department rules and exclusions related to adoption agencies or adoption licensure;
(c) Basic health and safety standards for licensees; and
(d) Minimum administration and financial requirements for licensees.
(4) The board shall:
(a) Define information that shall be submitted to the board with an application for a license;
(b) Establish guidelines for the administration and maintenance of client and service records, including staff qualifications and staff to client ratios;
(c) Recommend licensure in accordance with this article;
(d) Direct the division to conduct surveys and inspections of licensees and facilities;
(e) Establish and collect licensure fees;
(f) Investigate complaints regarding any licensee or facility;
(g) Have access to all records, correspondence and financial data required to be maintained by a licensee or facility;
(h) Direct the division to interview any client, family member of a client, employee or officer of a licensee or facility; and
(i) Have authority to direct the division to revoke, suspend or extend any license for adoption services issued by the division.
(5) The board shall establish reasonable fees to issue licenses under this chapter. The board, at a minimum, shall:
(a) Establish a fee for submission of an application for a license;
(b) Require annual renewal of the license with minimum requirements for such renewal;
(c) Establish a fee for renewal of the license;
(d) Deposit all fees into the "Mississippi Adoption Relief Fund";
(e) Establish a re-instatement of license fee;
(f) Require proof that the facility will be open to the public for at least thirty (30) hours a week;
(g) Require proof that the facility has a physical presence in the State of Mississippi sufficient to conduct all services necessary in the performance of adoption services;
(h) Hire a third-party entity to assist with creating licensure standards and process applications according to those standards;
(i) Require adoption agencies to have an executive director or comparable head officer that is domiciled in the State of Mississippi; and
(j) Require adoption agencies to be Mississippi nonprofit organizations.
(6) The department shall adopt and administer all licensure requirements, rules and regulations, decisions on licensure applications, license revocations, suspensions and all promulgations, decisions and actions created and recommended by the board pursuant to the board's statutory authority.
SECTION 5. Section 43-15-107, Mississippi Code of 1972, is amended as follows:
43-15-107. (1) Except as provided in Section 43-15-111, no person, agency, firm, corporation, association or other entity, acting individually or jointly with any other person or entity, may establish, conduct or maintain foster homes, residential child-caring agencies and child-placing agencies or facility and/or engage in child placing in this state without a valid and current license issued by and under the authority of the division as provided by this article and the rules of the division. No person, agency, firm, corporation, association or other entity, acting individually or jointly with any other person or entity, whether or not they possess a child-placing agency license, may perform adoption services as defined in this article without possessing a license to perform adoption services recommended by the board and issued by the division. Any out-of-state child-placing agency that provides a full range of services, including, but not limited to, adoptions, adoption services, foster family homes, adoption counseling services or financial aid, in this state must be licensed by the division under this article.
(2) An attorney who provides legal services to a client in connection with proceedings for the adoption of a child by the client, who does not receive, accept or provide custody or care for the child for the purposes specified in Section 43-15-103(c), shall not be required to have a license under this article to provide legal services.
( * * *3) No license issued under this
article is assignable or transferable.
( * * *4) A current license shall at all
times be posted in each licensee's facility, in a place that is visible and
readily accessible to the public.
( * * *5) (a) Except as otherwise provided
in paragraph (b) of this subsection, each license issued under this article
expires at midnight (Central Standard Time) twelve (12) months from the date of
issuance unless it has been:
(i) Previously revoked by the office; or
(ii) Voluntarily returned to the office by the licensee.
(b) (i) For any adoption or child-placing agency located in Mississippi that remains in good standing, the license issued under this article expires at midnight (Central Standard Time) twenty-four (24) months from the date of issuance unless it has been:
1. Previously revoked by the office; or
2. Voluntarily returned to the office by the licensee.
(ii) Any child-placing agency whose license is governed by this paragraph (b) shall submit the following information to the office annually:
1. A copy of an audit report and IRS Form 990 for the agency;
2. The agency's fee schedule; and
3. The agency's client list.
(c) A license may be renewed upon application and payment of the applicable fee, provided that the licensee meets the license requirements established by this article and the rules and regulations of the division.
( * * *6) Any licensee or facility which is
in operation at the time rules are made in accordance with this article shall
be given a reasonable time for compliance as determined by the rules of the division.
In the case of an adoption agency, the reasonable time for compliance shall
be determined by the division as recommended by the board.
SECTION 6. Section 43-15-109, Mississippi Code of 1972, is amended as follows:
43-15-109. (1) An application for a license under this article shall be made to the division and shall contain information that the division determines is necessary in accordance with established rules. An application for a license for an adoption agency or to provide adoption services shall be made to the division and the division shall refer the application to the board for a determination that the application contains information that is necessary in accordance with the established rules.
(2) Information received by the office and/or the board through reports, complaints, investigations and inspections shall be classified as public in accordance with Title 25, Chapter 61, Mississippi Code of 1972, Mississippi Public Records Act.
SECTION 7. Section 43-15-111, Mississippi Code of 1972, is amended as follows:
43-15-111. The provisions of this article, do not apply to:
(a) A facility or program owned or operated by an agency of the State of Mississippi or United States government;
(b) A facility or program operated by the Department of Corrections or a company that is registered with the Mississippi Secretary of State under an exclusive contract with the Department of Corrections;
(c) Schools and educational programs and facilities located in the State of Mississippi, the primary purpose of which is to provide a regular course of study necessary for advancement to a higher educational level or completion of a prescribed course of study, and which may, incident to such educational purposes, provide boarding facilities to the students of such programs.
(d) Any Mississippi
residential child-caring agency and/or child-placing agency operated or
conducted under the auspices of a religious institution and meeting the
requirements or conditions of this section shall be exempt from the licensure
requirements of this article under the following conditions: (i) such religious
institution must have a tax-exempt status as a nonprofit religious institution in
accordance with Section 501(c) of the Internal Revenue Code of 1954, as
amended, or the real property owned and exclusively occupied by the religious
institution must be exempt from location taxation, * * * (ii) the agency or institution must be in
compliance with the requirements of the Child Residential Home Notification
Act, Section 43-16-1 et seq., Mississippi Code of 1972, and must not be in
violation of Section 43-16-21(c) regarding the abuse and/or neglect of any
child served by such home who has been adjudicated by the youth court as an
abused and/or neglected child and (iii) must have a physical office in the State
of Mississippi. Nothing in this paragraph shall prohibit a residential
child-caring agency or child-placing agency operated by or conducted under the
auspices of a religious institution from obtaining a license pursuant to this
article.
(e) Placement of custody under a power of attorney executed under Section 93-31-1 et seq.
SECTION 8. Section 43-15-113, Mississippi Code of 1972, is amended as follows:
43-15-113. (1) If a license other than an adoption license is revoked, the division may grant a new license after:
(a) Satisfactory evidence is submitted to the division, evidencing that the conditions upon which revocation was based have been corrected; and
(b) Inspection and compliance with all provisions of this article and applicable rules.
(2) The division may only suspend a license for a period of time which does not exceed the current expiration date of that license.
(3) When a license has been suspended, the division may completely or partially restore the suspended license upon a determination that the:
(a) Conditions upon which the suspension was based have been completely or partially corrected; and
(b) Interests of the public will not be jeopardized by restoration of the license.
(4) If a license to perform adoption services is revoked, the board may recommend to the division to grant a new license after:
(a) Satisfactory evidence is submitted to the board, evidencing that the conditions upon which revocation was based have been corrected;
(b) Inspection and compliance with all provisions of this article and applicable rules; and
(c) Full payment of the re-instatement fee, if any charged.
(5) The board may recommend to the division the suspension of adoption agency for a period of time which does not exceed the current expiration date of that license determined to be necessary by the board.
(6) When an adoption license has been suspended, the board may recommend to the division to completely or partially restore the suspended license upon a determination that the:
(a) Conditions upon which the suspension was based have been completely or partially corrected;
(b) Interests of the public will not be jeopardized by restoration of the license; and
(c) All fees that have been assessed by the division have been paid, unless a different time for repayment has been determined by the board.
SECTION 9. Section 43-15-115, Mississippi Code of 1972, is amended as follows:
43-15-115. (1) The division may, for the purpose of ascertaining compliance with the provisions of this article and its rules and regulations, enter and inspect on a routine basis the facility of a licensee.
(2) Before conducting an inspection under subsection (1), the division shall, after identifying the person in charge:
(a) Give proper identification;
(b) Request to see the applicable license;
(c) Describe the nature and purpose of the inspection; and
(d) If necessary, explain the authority of the division to conduct the inspection and the penalty for refusing to permit the inspection.
(3) In conducting an inspection under subsection (1), the division may, after meeting the requirements of subsection (2):
(a) Inspect the physical facilities;
(b) Inspect records and documents;
(c) Interview directors, employees, clients, family members of clients and others; and
(d) Observe the licensee in operation.
(4) An inspection conducted under subsection (1) shall be during regular business hours and may be announced or unannounced.
(5) The licensee shall make copies of inspection reports available to the public upon request.
(6) The provisions of this section apply to on-site inspections and do not restrict the division from contacting family members, neighbors or other individuals, or from seeking information from other sources to determine compliance with the provisions of this article.
(7) In the event that the licensee is an adoption agency or other person or entity licensed to perform adoption services, the division may enlist the board to perform the inspection as outlined above.
SECTION 10. Section 43-15-117, Mississippi Code of 1972, is amended as follows:
43-15-117. (1) Except as
provided in this article, no person, agency, firm, corporation, association or
group children's home may engage in adoption services, child placing, or
solicit money or other assistance for child placing, without a valid license
issued by the division. No out-of-state adoption agency and/or child-placing
agency that provides a full range of services, including, but not limited to, adoptions,
foster family homes, adoption counseling services or other adoption services
or financial aid, may operate in this state without a valid license issued by the
division. No adoption agency, child-placing agency or any other person
or entity shall advertise in the media markets in Mississippi seeking birth
mothers or their children for adoption purposes unless the agency holds a valid
and current license issued * * * by the division * * *. Any adoption agency,
child-placing agency, physician or attorney who advertises for child placing or
adoption services in Mississippi shall be required by the division to show
their principal office location on all media advertising for adoption services.
(2) An attorney who provides legal services to a client in connection with proceedings for the adoption of a child by the client, who does not receive, accept or provide custody or care for the child for the purposes specified in Section 43-15-103(c), shall not be required to have a license under this article to provide those legal services.
(3) (a) No monies shall be paid or otherwise dispersed by any attorney or adoption agency to any unlicensed person or entity for any service or other such claim for payment in connection with an adoption. This does not apply to attorneys making payments that are permitted by Mississippi Rule of Professional Conduct 5.4. Nor does this apply to any payments made by a Mississippi licensed adoption agency to its staff, employees or other such persons or entities usual and customary for operating a licensed adoption agency.
(b) A full disclosure of all fees and monies paid or otherwise dispersed in an adoption shall be made to the court of competent jurisdiction for the purpose of proving that all fees and monies otherwise dispersed in facilitating the adoption were paid in compliance with this article.
(3) An attorney, physician or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may be made for that assistance.
(4) Nothing in this section precludes payment of reasonable fees for medical, legal or other lawful services rendered in connection with the care of a mother, delivery and care of a child including, but not limited to, the mother's living expenses, or counseling for the parents and/or the child, and for the legal proceedings related to lawful adoption proceedings; and no provision of this section abrogates the right of procedures for independent adoption as provided by law.
(5) The * * * board is specifically
authorized to promulgate rules under the Administrative Procedures Law, Title
25, Chapter 43, Mississippi Code of 1972, to regulate fees charged by licensed
child-placing agencies, if it determines that the practices of those licensed
child-placing agencies demonstrates that the fees charged are excessive or that
any of the agency's practices are deceptive or misleading; however, those rules
regarding fees shall take into account the use of any sliding fee by an agency that
uses a sliding fee procedure to permit prospective adoptive parents of varying
income levels to utilize the services of those agencies or persons.
(6) The division shall promulgate rules under the Administrative Procedures Law, Title 25, Chapter 43, Mississippi Code of 1972, to require that all licensed child-placing agencies provide written disclosures to all prospective adoptive parents of any fees or other charges for each service performed by the agency or person, and file an annual report with the division that states the fees and charges for those services, and to require them to inform the division in writing thirty (30) days in advance of any proposed changes to the fees or charges for those services.
(7) The division is specifically authorized to disclose to prospective adoptive parents or other interested persons any fees charged by any licensed child-placing agency, attorney or counseling service or counselor for all legal and counseling services provided by that licensed child-placing agency, attorney or counseling service or counselor.
SECTION 11. Section 43-15-119, Mississippi Code of 1972, is amended as follows:
43-15-119. (1) If the division finds that a violation has occurred under this article or the rules and regulations of the division, it may:
(a) Deny, suspend or revoke a license or place the licensee on probation, if the division discovers that a licensee is not in compliance with the laws, standards or regulations governing its operation, and/or it finds evidence of aiding, abetting or permitting the commission of any illegal act; or
(b) Restrict or prohibit new admissions to the licensee's program or facility, if the division discovers that a licensee is not in compliance with the laws, standards or regulations governing its operation, and/or it finds evidence of aiding, abetting or permitting the commission of any illegal act.
(2) If placed on probation, the agency or licensee shall post a copy of the notice in a conspicuous place as directed by the division and with the agency's or individual's license, and the agency shall notify the custodians of each of the children in its care in writing of the agency's status and the basis for the probation.
(3) In the event that the licensed agency is an adoption agency or other person or entity licensed to perform adoption services in this state, then the division may enlist the board to determine whether or not the licensed adoption agency or other person or entity licensed to perform adoption services in this state is in violation of the rules and regulations of this article and may enlist the board to respond in accordance with the action listed above.
SECTION 12. Section 43-15-123, Mississippi Code of 1972, is amended as follows:
43-15-123. (1) Any
person, agency, association, corporation, institution, society or other
organization violating * * *
any provisions of this article, other than a provision regarding adoption,
shall be guilty of illegal placement of children and shall be punished by a
fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment not
more than five (5) years, or both such fine and imprisonment.
(2) Any person, agency, association, corporation, institution, society or other organization violating the provisions of this article regarding adoption and/or adoption services shall be guilty of illegal placement of children and shall be punished by a fine not to exceed Fifty Thousand Dollars ($50,000.00) or by imprisonment not more than five (5) years, or both such fine and imprisonment.
SECTION 13. Section 43-15-125, Mississippi Code of 1972, is amended as follows:
43-15-125. The Department of Human Services and/or its officers, employees, attorneys and representatives and/or the board shall not be held civilly liable for any findings, recommendations or actions taken pursuant to this article.
SECTION 14. This act shall take effect and be in force from and after July 1, 2023.