MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Branning, Wiggins, Frazier, McMahan, Parks, Parker, Jordan, Butler
AN ACT MAKING AN ADDITIONAL APPROPRIATION FROM THE CAPITAL EXPENSE FUND TO THE DEPARTMENT OF MENTAL HEALTH FOR THE PURPOSE OF ENTERING INTO A SUBGRANT WITH CANOPY CHILDREN'S SOLUTIONS FOR THE CONSTRUCTION AND RENOVATION OF THE CARES CENTER, INCLUDING THE CHILDREN AND YOUTH PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY FOR TRAUMA RECOVERY, FOR THE PERIOD BEGINNING UPON THE PASSAGE OF THIS ACT AND ENDING JUNE 30, 2025.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money not otherwise appropriated, to the credit of the Capital Expense Fund, and allocated in a manner as determined by the Treasurer's Office, to the Department of Mental Health for the purpose of entering into a subgrant with Canopy Children's Solutions for the construction and renovation of the CARES Center, including the children and youth Psychiatric Residential Treatment Facility for Trauma Recovery for the period beginning upon the passage of this act and ending June 30, 2025............... $ 20,000,000.00.
SECTION 2. As a condition of expending the funds appropriated under Section 1 of this act, the Department of Mental Health shall enter into a memorandum of agreement with Canopy Children's Solutions governing the operation of the CARES Center that requires Canopy Children's Solutions to:
(a) Designate a minimum of thirty-three (33) beds for first preference and priority admission for individuals who meet admission criteria and are under the care of the Department of Mental Health and Child Protection Services;
(b) Agree to provide and maintain such beds in a condition to satisfy the regulatory standards of the Department of Health by a date to be determined by the Department of Mental Health;
(c) Execute a promissory note and a deed of trust between Canopy Children's Solutions and the Department of Mental Health evidencing a security interest in the CARES Center for a sum equal to the amount of state funds expended to construct or renovate the CARES Center;
(d) Consistent with the terms of the promissory note, reimburse a sum equal to the amount of state funds expended to construct or renovate the CARES Center to the Department of Mental Health upon the substantial breach of the memorandum of agreement required by this section;
(e) Authorize the Department of Mental Health to assert or maintain a claim in any proceeding instituted in the First Judicial District of Hinds County Chancery Court, to recoup a sum equal to the amount of state funds expended to construct and renovate the CARES Center upon the substantial breach of the memorandum of agreement required by this section; and
(f) Release the Department of Mental Health, the state, and any of its political subdivisions from any obligation to maintain the CARES Center or any designated state beds.
For purposes of this section, a substantial breach of the memorandum of agreement shall include the failure to maintain the designated state beds in a condition to satisfy the regulatory standards required by this section for a period of three (3) consecutive months, the dissolution of Canopy Children's Solutions, a filing for bankruptcy by Canopy Children's Solutions, or the permanent cessation of operation of the CARES Center.
SECTION 3. None of the funds appropriated by this act shall be used to pay employee premium payments.
SECTION 4. The money appropriated by this act shall be paid by the State Treasurer out of any money in the Capital Expense Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.
SECTION 5. This act shall take effect and be in force from and after its passage.