MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representative Felsher
AN ACT TO AMEND SECTION 43-15-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CARE PAYMENTS BY THE DEPARTMENT OF CHILD PROTECTION SERVICES TO FICTIVE KIN CARING FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-15-17, Mississippi Code of 1972, is amended as follows:
43-15-17. (1) The Department of Child Protection 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 Child Protection 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 * * * Department
of Child Protection 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 Child Protection
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 Child Protection 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 by
the Department of Child Protection Services in the care of * * * an adult who is related by
blood, marriage or adoption within the third degree, or an adult who makes up the
family support system of the child, including an adult related beyond third degree,
a godparent, friend of the family, or other adult who has a strong familial bond
with the child, unless a child is placed in the care of a relative who is
exempt from foster care training requirements, the department shall make
monthly payments to defray the * * * expense of furnishing room and
board. The department's * * *relative care payment under this subsection 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 * * * caregiver after the department
relinquishes legal custody of the child to the * * * caregiver if the * * * caregiver has complied with
foster care training requirements. Any such payments for * * * care under this subsection shall
be subject to specific appropriation therefor by the Legislature.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.