Mississippi 2019 Regular Session Status: Enacted 1 R cosponsors

SB 2840 — Youth Court Act; implement recommendations of Supreme Court's Commission on Children's Justice.

Last action — Approved by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

407 added · 777 removed

Plain-language change summary

The recent amendments to SB 2840 clarify that individuals involved in law enforcement or those who work for the Mississippi Department of Human Services or Child Protection Services cannot be appointed as designees. Additionally, the bill now specifies what constitutes a child in "need of special care" and provides a clear definition of "assessment" related to the child's psychosocial needs. These changes are important as they aim to ensure that appointments are made with the child's best interests in mind and that assessments are thorough and comprehensive, addressing critical mental health issues promptly.

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SB2840 (As Sent to Governor) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
SB2840 (As Passed the Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Senator(s) Wiggins, Parker, Dearing Senate Bill 2840 (As Sent to Governor) AN ACT TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, AS AMENDED BY SECTION 6 OF HOUSE BILL NO.
Senator(s) Wiggins, Parker, Dearing Senate Bill 2840 (As Passed the Senate) AN ACT TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REVISE THE STATUS OF FORENSIC INTERVIEWS CONDUCTED BY A CHILD ADVOCACY CENTER;
571, 2019 REGULAR SESSION, TO REVISE THE STATUS OF FORENSIC INTERVIEWS CONDUCTED BY A CHILD ADVOCACY CENTER;
TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISCLOSURE OF YOUTH COURT RECORDS TO A GUARDIAN AD LITEM DULY APPOINTED BY THE COURT, TO EXPAND DISCLOSURE FOR TRIAL PURPOSES, TO AUTHORIZE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO SHARE CERTAIN RECORDS AND TO PROVIDE FOR WAIVER OF CONFIDENTIALITY IN CERTAIN CHILD DEATHS OR CRITICAL INJURIES OF CHILDREN;
TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, AS AMENDED BY SECTION 3 OF SENATE BILL NO.
TO AMEND SECTION 43-21-353, MISSISSIPPI CODE OF 1972, TO AUTHORIZE REPORTING OF CERTAIN FRAUDULENT ALLEGATIONS OF ABUSE OR NEGLECT;
2576, 2019 REGULAR SESSION, TO AUTHORIZE DISCLOSURE OF YOUTH COURT RECORDS TO A GUARDIAN AD LITEM DULY APPOINTED BY THE COURT, TO EXPAND DISCLOSURE FOR TRIAL PURPOSES, TO AUTHORIZE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO SHARE CERTAIN RECORDS, TO PROVIDE FOR WAIVER OF CONFIDENTIALITY IN CERTAIN CHILD DEATHS OR CRITICAL INJURIES OF CHILDREN AND TO CLARIFY AVAILABILITY OF CHILD FORENSIC INTERVIEWS;
TO AMEND SECTION 43-21-353, MISSISSIPPI CODE OF 1972, AS AMENDED BY SECTION 5 OF HOUSE BILL NO.
571, SECTION 1 OF HOUSE BILL NO.
1117, AND SECTION 4 OF SENATE BILL NO.
2576, 2019 REGULAR SESSION, TO AUTHORIZE REPORTING OF CERTAIN FRAUDULENT ALLEGATIONS OF ABUSE OR NEGLECT;
TO AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, AS AMENDED BY SECTION 2 OF SENATE BILL NO.
TO AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO REVISE THE CENTRAL STATE REGISTRY ON NEGLECT AND ABUSE CASES;
2576, 2019 REGULAR SESSION, TO REVISE THE CENTRAL STATE REGISTRY ON NEGLECT AND ABUSE CASES;
TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, AS AMENDED BY SECTION 1 OF SENATE BILL NO.
TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A FALSE REPORT OF CHILD ABUSE OR NEGLECT TO THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE PUNISHABLE AS A MISDEMEANOR;
2576, 2019 REGULAR SESSION, TO PROVIDE THAT A FALSE REPORT OF CHILD ABUSE OR NEGLECT TO THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE PUNISHABLE AS A MISDEMEANOR;
TO AMEND SECTION 93-31-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CIRCUMSTANCES UNDER WHICH BOTH PARENTS MUST EXECUTE A TEMPORARY POWER OF ATTORNEY TO BE EFFECTIVE UNDER THE ACT;
TO AMEND SECTION 93-31-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A REASON FOR THE EXECUTION OF THE POWER OF ATTORNEY BE STATED;
TO REQUIRE AN AFFIDAVIT OF STATUTORY COMPLIANCE BY THE FACILITATING AGENCY;
TO CONFORM THE ACKNOWLEDGEMENT CLAUSE AND TO CREATE A STATUTORILY SUFFICIENT FORM FOR REVOCATION OF A POWER OF ATTORNEY GRANTED UNDER THE ACT;
TO REQUIRE AN AFFIDAVIT FROM A CUSTODIAL PARENT WHO ALLEGES UNAVAILABILITY OF THE NONCUSTODIAL PARENT;
     SECTION 1.  Section 43-21-105, Mississippi Code of 1972, as amended by Section 6 of House Bill No.
     SECTION 1.  Section 43-21-105, Mississippi Code of 1972, is amended as follows:
571, 2019 Regular Session, is amended as follows:
          (c)  "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee.  The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services or the Mississippi Department of Child Protection Services to be his designee.
          (c)  "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee.  The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Departments of Human Services or Child Protection Services to be his designee.
          (m)  "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment.  However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section.  "Abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.
          (m)  "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment.  However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section.  "Abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.
          (v)  "Any person responsible for care or support" means the person who is providing for the child at a given time.  This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services or the Department of Child Protection Services.
          (v)  "Any person responsible for care or support" means the person who is providing for the child at a given time.  This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of * * * Human Child Protection Services.
          (hh)  "Commercial sexual exploitation" means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
     SECTION 2.  Section 43-21-261, Mississippi Code of 1972, is amended as follows:
     SECTION 2.  Section 43-21-261, Mississippi Code of 1972, as amended by Section 3 of Senate Bill No.
     43-21-261.  (1)  Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff or officials of the youth court, a guardian ad litem appointed to a child by the court, or a Court-Appointed Special Advocate (CASA) volunteer that may be assigned in an abuse and neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure.  Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety, or to identify a person who knowingly made a false allegation of abuse or neglect, the functioning of the youth court, and then only to the following persons:
2576, 2019 Regular Session, is amended as follows:
     43-21-261.  (1)  Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff or officials of the youth court, a guardian ad litem appointed to a child by the court, or a Court-Appointed Special Advocate (CASA) volunteer * * * that who may be assigned in an abuse and neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure.  Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety * * * or, the functioning of the youth court, or to identify a person who knowingly made a false allegation of abuse or neglect, and then only to the following persons:
          (c)  A judge of any other court or members of another court staff, including the chancery court that ordered a forensic interview;
          (c)  A judge of any other court or members of another court staff;
          (g) * * *  To  Any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health, safety or well-being of a child and that such disclosure is in the best interests of the child or an adult who was formerly the subject of a youth court delinquency proceeding * * *.;
          (g)  To any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health, safety or well-being of a child and that such disclosure is in the best interests of the child or an adult who was formerly the subject of a youth court delinquency proceeding * * *.;
          (h)  A person who was the subject of a knowingly made false allegation of child abuse or neglect which has resulted in a conviction of a perpetrator in accordance with Section 97-35-47 or which allegation was referred by the Department of Child Protection Services to a prosecutor or law enforcement official in accordance with the provisions of Section 43-21-353(4).
          (h)  To a person who was the subject of a knowingly made false allegation of child abuse or neglect or to a prosecutor who is prosecuting an offense of false reporting.
     (3)  Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation * * * which is to be considered by the youth court at a hearing relevant to a matter to be heard by a youth court, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person.  The attorney for the parent, guardian or custodian of the child, upon request, shall be provided a copy of any record, report or investigation * * *, that is to be considered by the youth court at a hearing relevant to a matter to be heard by a youth court, but the identity of the reporter must be redacted and the name of any other person must also be redacted if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life, safety or well-being of the person.  A record provided to the attorney under this section * * *, must remain in the attorney's control and the attorney may not provide copies or access to another person or entity without prior consent of a court with appropriate jurisdiction.
     (3)  Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation * * *which is to be considered by the youth court at a hearing relevant to a matter to be heard by a youth court, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person.  The attorney for the parent, guardian or custodian of the child, upon request, shall be provided a copy of any record, report or investigation * * *, that is * * * to be considered by the youth court at a hearing relevant to a matter to be heard by a youth court, but the identity of the reporter must be redacted and the name of any other person must also be redacted if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life, safety or well-being of the person.  A record provided to the attorney under this section * * *, must remain in the attorney's control and the attorney may not provide copies or access to another person or entity without prior consent of a court with appropriate jurisdiction.
     (19)  In every case * * * where there is any indication or suggestion of either of child abuse or neglect * * * and, if a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply.  In such cases * * * of child deaths, the following information may be released by the Mississippi Department of * * * Human Child Protection Services: * * * name;
     (19)  In every case * * * where there is any indication or suggestion of either of child abuse or neglect and a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply.  In such cases * * * of child deaths, the following information may be released by the Mississippi Department of * * *Human Child Protection Services: * * * name;
(d) if a case exists, the type of report or case (physical abuse, neglect, etc.), date of intake(s) and investigation(s), and case disposition (substantiated or unsubstantiated).  Notwithstanding the aforesaid, the confidentiality provisions of this section shall continue if there is a pending or planned investigation by any local, state or federal governmental agency or institution  the cause of the circumstances regarding the fatality or medically serious or critical physical condition;
(d) if a case exists, the type of report or case (physical abuse, neglect, etc.), date of intake(s) and investigation(s), and case disposition (substantiated or unsubstantiated).  Notwithstanding the aforesaid, the confidentiality provisions of this section shall continue if there is a pending or planned investigation by any local, state or federal governmental agency or institution the cause of the circumstances regarding the fatality or medically serious or critical physical condition;
     SECTION 3.  Section 43-21-353, Mississippi Code of 1972, as amended by Section 5 of House Bill 571, Section 1 of House Bill 1117, and Section 4 of Senate Bill 2576, 2019 Regular Session, is amended as follows:
     SECTION 3.  Section 43-21-353, Mississippi Code of 1972, is amended as follows:
     43-21-353.  (1)  Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child * * * or, an abused child, or a victim of commercial sexual exploitation or human trafficking, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of * * * Human Child Protection Services, and immediately a referral shall be made by the Department of * * * Human Child Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357.  In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of * * * Human Child Protection Services shall inform the individual of the specific complaints or allegations made against the individual.  Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed at that point.  Where appropriate, the Department of * * * Human Child Protection Services shall additionally make a referral to the youth court prosecutor.
     43-21-353.  (1)  Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of * * * Human Child Protection Services, and immediately a referral shall be made by the Department of * * * Human Child Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357.  In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of * * * Human Child Protection Services shall inform the individual of the specific complaints or allegations made against the individual.  Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed.  Where appropriate, the Department of * * * Human Child Protection Services shall additionally make a referral to the youth court prosecutor.
     Upon receiving a report that a child has been sexually abused, is a victim of commercial sexual exploitation or human trafficking, or has been burned, tortured, mutilated or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a felony under state or federal law, the Department of * * * Human Child Protection Services shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred * * * and shall notify the appropriate prosecutor.  Within forty-eight (48) hours, the department must notify the appropriate prosecutor and the * * * Department of Human Services Statewide Human Trafficking Coordinator.  The department shall have the duty to provide the law enforcement agency all the names and facts known at the time of the report;
     Upon receiving a report that a child has been sexually abused, or burned, tortured, mutilated or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a felony under state or federal law, the Department of * * * Human Child Protection Services shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred and shall notify the appropriate prosecutor within forty-eight (48) hours, and the Department of * * * Human Child Protection Services shall have the duty to provide the law enforcement agency all the names and facts known at the time of the report;
this duty shall be of a continuing nature.  The law enforcement agency and the department * * * of Human Services shall investigate the reported abuse immediately and shall file a preliminary report with the appropriate prosecutor's office within twenty-four (24) hours and shall make additional reports as new or additional information or evidence becomes available.  The department * * * of Human Services shall advise the clerk of the youth court and the youth court prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as information becomes available.  In addition, if the Department of Child Protection Services determines that a parent or other person responsible for the care or welfare of an abused or neglected child maintains active duty status within the military, the department shall notify the applicable military installation family advocacy program that there is an allegation of abuse or neglect that relates to that child.
this duty shall be of a continuing nature.  The law enforcement agency and the Department of * * * Human Child Protection Services shall investigate the reported abuse immediately and shall file a preliminary report with the appropriate prosecutor's office within twenty-four (24) hours and shall make additional reports as new or additional information or evidence becomes available.  The Department of * * * Human Child Protection Services shall advise the clerk of the youth court and the youth court prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as information becomes available.
     (2)  Any report * * * to the Department of Human Services shall contain the names and addresses of the child and his parents or other persons responsible for his care, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries * * * and, any other information that might be helpful in establishing the cause of the injury, and the identity of the perpetrator.
     (2)  Any report to the Department of * * * Human Child Protection Services shall contain the names and addresses of the child and his parents or other persons responsible for his care, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries * * * and, any other information that might be helpful in establishing the cause of the injury, and the identity of the perpetrator.
     (3)  The Department of * * * Human Child Protection Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse, commercial sexual exploitation or human trafficking;
     (3)  The Department of * * * Human Child Protection Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse;
     (4)  Reports of abuse * * * and, neglect and commercial sexual exploitation or human trafficking made under this chapter and the identity of the reporter are confidential except when the court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor pursuant to subsection (1).  Reports made under this section to any law enforcement agency or prosecutorial officer are for the purpose of criminal investigation and prosecution only and no information from these reports may be released to the public except as provided by Section 43-21-261.  Disclosure of any information by the prosecutor shall be according to the Mississippi Uniform Rules of Circuit and County Court Procedure.  The identity of the reporting party shall not be disclosed to anyone other than law enforcement officers or prosecutors without an order from the appropriate youth court.  Any person disclosing any reports made under this section in a manner not expressly provided for in this section or Section 43-21-261 shall be guilty of a misdemeanor and subject to the penalties prescribed by Section 43-21-267.  Notwithstanding the confidentiality of the reporter's identity under this section, the Department of Child Protection Services may disclose a reporter's identity to the appropriate law enforcement agency or prosecutor if the department has reason to suspect the reporter has made a fraudulent report, and the Department of Child Protection Services must provide to the subject of the alleged fraudulent report written notification of the disclosure.
     (4)  Reports of abuse and neglect made under this chapter and the identity of the reporter are confidential except when the court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor pursuant to subsection (1).  Reports made under this section to any law enforcement agency or prosecutorial officer are for the purpose of criminal investigation and prosecution only and no information from these reports may be released to the public except as provided by Section 43-21-261.  Disclosure of any information by the prosecutor shall be according to the Mississippi Uniform Rules of Circuit and County Court Procedure.  The identity of the reporting party shall not be disclosed to anyone other than law enforcement officers or prosecutors without an order from the appropriate youth court.  Any person disclosing any reports made under this section in a manner not expressly provided for in this section or Section 43-21-261 shall be guilty of a misdemeanor and subject to the penalties prescribed by Section 43-21-267.  Notwithstanding the confidentiality of the reporter's identity under this section, the Department of Child Protection Services may disclose a reporter's identity to the appropriate law enforcement agency or prosecutor if the department has reason to suspect the reporter has made a fraudulent report, and Child Protective Services must provide to the subject of the alleged fraudulent report written notification of the disclosure.
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          (c)  The name and address of the suspected perpetrator;
          (c)  The name and address of the suspected perpetrator;
          (e)  A brief statement of the facts indicating that the child has been abused, including whether the child experienced commercial sexual exploitation or human trafficking, and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case;
          (e)  A brief statement of the facts indicating that the child has been abused and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case;
     (6)  In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(l) or (m), the Department of * * * Human Child Protection Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.
     (6)  In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(m), the Department of * * * Human Child Protection Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.
     (8)  If a report is made directly to the Department of * * * Human Child Protection Services that a child has been abused or neglected or experienced commercial sexual exploitation or human trafficking in an out-of-home setting, a referral shall be made immediately to the law enforcement agency in whose jurisdiction the abuse occurred and the department shall notify the district attorney's office and the Statewide Human Trafficking Coordinator within forty-eight (48) hours of such report.  The Department of * * * Human Child Protection Services shall investigate the out-of-home setting report of abuse or neglect to determine whether the child who is the subject of the report, or other children in the same environment, comes within the jurisdiction of the youth court and shall report to the youth court the department's findings and recommendation as to whether the child who is the subject of the report or other children in the same environment require the protection of the youth court.  The law enforcement agency shall investigate the reported abuse immediately and shall file a preliminary report with the district attorney's office within forty-eight (48) hours and shall make additional reports as new information or evidence becomes available.  If the out-of-home setting is a licensed facility, an additional referral shall be made by the Department of * * * Human Child Protection Services to the licensing agency.  The licensing agency shall investigate the report and shall provide the department * * * of Human  Services, the law enforcement agency and the district attorney's office with their written findings from such investigation as well as that licensing agency's recommendations and actions taken.
     (8)  If a report is made directly to the Department of * * * Human Child Protection Services that a child has been abused or neglected in an out-of-home setting, a referral shall be made immediately to the law enforcement agency in whose jurisdiction the abuse occurred and the department shall notify the district attorney's office within forty-eight (48) hours of such report.  The Department of * * * Human Child Protection Services shall investigate the out-of-home setting report of abuse or neglect to determine whether the child who is the subject of the report, or other children in the same environment, comes within the jurisdiction of the youth court and shall report to the youth court the department's findings and recommendation as to whether the child who is the subject of the report or other children in the same environment require the protection of the youth court.  The law enforcement agency shall investigate the reported abuse immediately and shall file a preliminary report with the district attorney's office within forty-eight (48) hours and shall make additional reports as new information or evidence becomes available.  If the out-of-home setting is a licensed facility, an additional referral shall be made by the Department of * * * Human Child Protection Services to the licensing agency.  The licensing agency shall investigate the report and shall provide the Department of * * * Human Child Protection Services, the law enforcement agency and the district attorney's office with their written findings from such investigation as well as that licensing agency's recommendations and actions taken.
     (9)  If a child protective investigation does not result in an out-of-home placement, a child protective investigator must provide information to the parent or guardians about community service programs that provide respite care, counseling and support for children who have experienced commercial sexual exploitation or human trafficking, voluntary guardianship or other support services for families in crisis.
     (9)  If a child protective investigation does not result in an out-of-home placement, a child protective investigator must provide information to the parent or guardians about community service programs that provide respite care, voluntary guardianship or other support services for families in crisis.
          (e)  In every case involving an abused or neglected child which results in a judicial proceeding;
          (e)  In every case involving an abused or neglected child which results in a judicial proceeding;
     A finding of probable cause * * *, as prescribed under this * * * paragraph, subsection (3)(a) shall not be based solely upon a positive drug test of a * * * child's newborn or parent for marijuana;
      * * *A finding of Probable cause * * *, as prescribed under this * * *paragraph, shall not subsection (3)(a) may be based * * * solely:  (i) upon a parent's positive drug test * * * of a childs parent for * * *marijuana;
however, a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana.  Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subsection (3)(a) for marijuana, may be based:  1.
however, a finding of probable cause may be based upon an evidence‑based finding of harm to the child or a parent's use of marijuana unlawful use of a controlled substance only if the child is endangered or the parent is unable to provide proper care and supervision of the child because of the unlawful use and there is no reasonable alternative to custody;
upon a parent's positive drug test for unlawful use of a controlled substance only if the child is endangered or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody;
and (ii) upon a newborn's positive drug screen for a controlled substance only if the newborn is at imminent risk of harm from the parent and there is no reasonable alternative to custody.
and 2.
upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is endangered or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody.
and                (iii)  Such law enforcement officer can find no reasonable alternative to custody;
and               (iii)  Such law enforcement officer can find no reasonable alternative to custody;
or           (b)  A law enforcement officer or an agent of the Department of * * * public welfare Child Protection Services or the Department of Human Services may take a child into immediate custody if:
or           (b)  A law enforcement officer or an agent of the Department of * * *public welfare Child Protection Services or the Department of Human Services may take a child into immediate custody if:
              (i)  There is probable cause to believe that the child is in immediate danger of personal harm;
              (i) * * *There is probable cause to believe that  The child is in immediate danger of personal harm * * *;
however, probable cause shall not be based solely upon a positive drug test of a * * * child's newborn or parent for marijuana, but a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana.  Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subparagraph (i) for marijuana, may be based:  1.
however, probable cause shall not be based solely upon a positive drug test of a child's parent for marijuana, but a finding of probable cause may be based upon an evidence‑based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana however, probable cause shall not be based solely upon a positive drug test of a childparent for marijuana, but a finding of probable cause may be based upon an evidence‑based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parents use of marijuana;
upon a parent's positive drug test for unlawful use of a controlled substance only if the child is endangered or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody;
and               (ii) * * *Such law enforcement officer or agent has probable cause to believe that immediate  Custody is necessary as * * *defined set forth in Section 43-21-301(3)( * * *ba);
and 2.
and               (iii) * * *Such law enforcement officer or agent can find  There is no reasonable alternative to custody;
upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is endangered or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody;
and               (ii) * * * Such law enforcement officer or agent has  There is probable cause to believe that immediate custody is necessary as * * * defined set forth in Section 43-21-301(3) * * * (b);
and               (iii) * * *  Such law enforcement officer or agent can find  There is no reasonable alternative to custody;
     (3)  The Chairman of the Child Death Review Panel shall be elected annually by the Review Panel membership.  The Review Panel shall develop and implement such procedures and policies necessary for its operation, including obtaining and protecting confidential records from the agencies and officials specified in subsection (4) of this section.
     (3)  The Chairman of the Child Death Review Panel shall be elected annually by the Review Panel membership.  The Review Panel shall develop and implement such procedures and policies necessary for its operation, including obtaining and protecting confidential records from the agencies and officials specified in subsection (4) of this section.  The Review Panel shall be assigned to the State Department of Health for administrative purposes only, and the department shall designate staff to assist the Review Panel.
 The Review Panel shall be assigned to the State Department of Health for administrative purposes only, and the department shall designate staff to assist the Review Panel.
     (4)  (a)  The Child Death Review Panel shall submit a report annually to the Chairmen of the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1.  The report shall include the numbers, causes and relevant demographic information on child and infant * * *deaths fatalities and near fatalities in Mississippi, and appropriate recommendations to the Legislature on how to most effectively direct state resources to decrease infant and child deaths in Mississippi.  Data for the Review Panel's review and reporting shall be provided to the Review Panel, upon the request of the Review Panel, by the State Medical Examiner's office, State Department of Health, Department of Human Services, Department of Child Protection Services, medical examiners, coroners, health care providers, law enforcement agencies, and any other agencies or officials having information that is necessary for the Review Panel to carry out its duties under this section.  The State Department of Health shall also be responsible for printing and distributing the annual report(s) on child and infant deaths in Mississippi.
     (4)  (a)  The Child Death Review Panel shall submit a report annually to the Chairmen of the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1.  The report shall include the numbers, causes and relevant demographic information on child and infant * * * deaths fatalities and near fatalities in Mississippi, and appropriate recommendations to the Legislature on how to most effectively direct state resources to decrease infant and child deaths in Mississippi.  Data for the Review Panel's review and reporting shall be provided to the Review Panel, upon the request of the Review Panel, by the State Medical Examiner's office, State Department of Health, Department of Human Services, Department of Child Protection Services, medical examiners, coroners, health care providers, law enforcement agencies, and any other agencies or officials having information that is necessary for the Review Panel to carry out its duties under this section.  The State Department of Health shall also be responsible for printing and distributing the annual report(s) on child and infant deaths in Mississippi.
     SECTION 12.  Section 43-21-257, Mississippi Code of 1972, as amended by Section 2 of Senate Bill 2576, 2019 Regular Session, is amended as follows:
     SECTION 12.  Section 43-21-257, Mississippi Code of 1972, is amended as follows:
     (2)  The Office of Youth Services shall maintain a state central registry containing the number and disposition of all cases together with such other useful information regarding those cases as may be requested and is obtainable from the records of the youth court.  The Office of Youth Services shall annually publish a statistical record of the number and disposition of all cases, but the names or identity of any children shall not be disclosed in the reports or records.  The Office of Youth Services shall adopt such rules as may be necessary to carry out this subsection.  The central registry files and the contents thereof shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry shall be subject to the penalty in Section 43-21-267.  The youth court shall furnish, upon forms provided by the Office of Youth Services, the necessary information, and these completed forms shall be forwarded to the Office of Youth Services.  The Department of Human Services and its employees are exempt from any civil liability as a result of any action taken pursuant to the compilation or release of information on the central registry under this section and any other applicable section of this code, unless determined that an employee has willfully and maliciously violated the rules and administrative procedures of the department pertaining to the central registry or any section of this code.  If an employee is determined to have willfully and maliciously performed such a violation, said employee shall not be exempt from civil liability in this regard.
     (2)  The Office of Youth Services shall maintain a state central registry containing the number and disposition of all cases together with such other useful information regarding those cases as may be requested and is obtainable from the records of the youth court.  The Office of Youth Services shall annually publish a statistical record of the number and disposition of all cases, but the names or identity of any children shall not be disclosed in the reports or records.
     (3)  The Department of * * * Human Child Protection Services shall maintain a state central registry on neglect and abuse cases containing (a) the name, address and age of each child, (b) the nature of the harm reported, (c) the name and address of the person responsible for the care of the child, and (d) the name and address of the substantiated perpetrator of the harm reported.  "Substantiated perpetrator" shall be defined as an individual who has committed an act(s) of sexual abuse or physical abuse that would otherwise be deemed as a felony or any child neglect that would be deemed as a threat to life * * *, as determined upon investigation by the Office of Family and Children's Services.  "Substantiation" for the purposes of the Mississippi Department of Human Services Central Registry shall require.  A name is to be added to the registry only based upon a criminal conviction or an adjudication by a youth court judge or court of competent jurisdiction, ordering that the name of the perpetrator be listed on the central registry * * *, pending due process.  The Department of Human Services shall adopt such rules and administrative procedures, especially those procedures to afford due process to individuals who have been named as substantiated perpetrators before the release of their name from the central registry, as may be necessary to carry out this subsection.  The central registry shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry without following the rules and administrative procedures of the department shall be subject to the penalty in Section 43-21-267.  The Department of * * * Human Child Protection Services and its employees are exempt from any civil liability as a result of any action taken pursuant to the compilation * * * and/ or release of information on the central registry under this section and any other applicable section of * * * the this code, unless determined that an employee has willfully and maliciously violated the rules and administrative procedures of the department * * *, pertaining to the central registry or any section of this code.  If an employee is determined to have willfully and maliciously performed such a violation, said employee shall not be exempt from civil liability in this regard.
 The Office of Youth Services shall adopt such rules as may be necessary to carry out this subsection.  The central registry files and the contents thereof shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry shall be subject to the penalty in Section 43-21-267.  The youth court shall furnish, upon forms provided by the Office of Youth Services, the necessary information, and these completed forms shall be forwarded to the Office of Youth Services.
     (3)  The Department of * * *Human Child Protection Services shall maintain a state central registry on neglect and abuse cases containing (a) the name, address and age of each child, (b) the nature of the harm reported, (c) the name and address of the person responsible for the care of the child, and (d) the name and address of the substantiated perpetrator of the harm reported.  "Substantiated perpetrator" shall be defined as an individual who has committed an act(s) of sexual abuse or physical abuse that would otherwise be deemed as a felony or any child neglect that would be deemed as a threat to life. * * *, as determined upon investigation by the Office of Family and Children's Services.  "Substantiation" for the purposes of the Mississippi Department of Human Services Central Registry shall require  A name is to be added to the registry only based upon a criminal conviction or an adjudication by a youth court judge or court of competent jurisdiction, ordering that the name of the perpetrator be listed on the central registry * * *, pending due process.  The Department of Human Services shall adopt such rules and administrative procedures, especially those procedures to afford due process to individuals who have been named as substantiated perpetrators before the release of their name from the central registry, as may be necessary to carry out this subsection.  The central registry shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry without following the rules and administrative procedures of the department shall be subject to the penalty in Section 43-21-267.  The Department of * * * Human Child Protection Services and its employees are exempt from any civil liability as a result of any action taken pursuant to the compilation and/or release of information on the central registry under this section and any other applicable section of the code, unless determined that an employee has willfully and maliciously violated the rules and administrative procedures of the department, pertaining to the central registry or any section of this code.  If an employee is determined to have willfully and maliciously performed such a violation, said employee shall not be exempt from civil liability in this regard.
          (b)  Legally * * * free eligible for adoption;
          (b)  Legally * * *free eligible for adoption;
              (i)  Because he has established significant emotional ties with prospective adoptive parents while in their care as a foster child and it is deemed in the best interest of the child by the agency to be adopted by the foster parents, or               (ii)  Because he is not likely to be adopted because of one or more of the following * * * handicaps special needs:  1.
              (i)  Because he has established significant emotional ties with prospective adoptive parents while in their care as a foster child and it is deemed in the best interest of the child by the agency to be adopted by the foster parents, or               (ii)  Because he is not likely to be adopted because of one or more of the following * * * handicapsspecial needs:  1.
recognized high risk of physical or mental disease, * * * or 4.
recognized high risk of physical or mental disease, * * *or 4.
any combination of these * * * handicaps special needs.
any combination of these * * *handicaps special needs.
     93-17-67.  (1)  If the adoptive parents of a child eligible for adoption supplemental benefits sign an adoption assistance agreement with the Department of * * * Human Child Protection Services, then, whether or not they accept such benefits, Medicaid coverage shall be provided for the child under the agency's medical payment program from and after the commencement date established pursuant to Section 93-17-61 until the child's eighteenth birthday, provided that federal matching funds are available for such payment.
     93-17-67.  (1)  If the adoptive parents of a child eligible for adoption supplemental benefits sign an adoption assistance agreement with the Department of * * *Human Child Protection Services, then, whether or not they accept such benefits, Medicaid coverage shall be provided for the child under the agency's medical payment program from and after the commencement date established pursuant to Section 93-17-61 until the child's eighteenth birthday, provided that federal matching funds are available for such payment.
     (2)  Any child who is adopted in this state through a state-supported adoption agency and who immediately prior to such adoption was receiving Medicaid benefits because of a severe physical or mental * * * handicap special need shall continue to receive such coverage benefits after adoption age eighteen (18), and such benefits shall be payable as provided under the agency's medical payment program for so long as the State Department of * * * Human Child Protection Services determines that the treatment or rehabilitation for which payment is being made is in the best interest of the child concerned, but not past the age of twenty-one (21) years, provided that federal matching funds are available for such payment and that any state funds used for such payment shall have been appropriated specifically for such purpose.
     (2)  Any child who is adopted in this state through a state-supported adoption agency and who immediately prior to such adoption was receiving Medicaid benefits because of a severe physical or mental * * * handicap special need shall continue to receive such coverage benefits after adoption age eighteen (18), and such benefits shall be payable as provided under the agency's medical payment program for so long as the State Department of * * *Human Child Protection Services determines that the treatment or rehabilitation for which payment is being made is in the best interest of the child concerned, but not past the age of twenty-one (21) years, provided that federal matching funds are available for such payment and that any state funds used for such payment shall have been appropriated specifically for such purpose.
     ( * * *34)  If permitted by federal law without any loss to the state of federal matching funds, the financial resources of the adopting parents shall not be a factor in such determination except that payments on behalf of a child of any age may be adjusted when insurance benefits available to the adopting parents would pay all or part of such payments being made by the state, or if medical or rehabilitation services are otherwise available without cost to the adopting parents.  The amount of financial assistance given shall not exceed the amount that the Medicaid Commission would be required to pay for the same medical treatment or rehabilitation.
          ( * * *34)  If permitted by federal law without any loss to the state of federal matching funds, the financial resources of the adopting parents shall not be a factor in such determination except that payments on behalf of a child of any age may be adjusted when insurance benefits available to the adopting parents would pay all or part of such payments being made by the state, or if medical or rehabilitation services are otherwise available without cost to the adopting parents.  The amount of financial assistance given shall not exceed the amount that the Medicaid Commission would be required to pay for the same medical treatment or rehabilitation.
     SECTION 16.  Section 97-35-47, Mississippi Code of 1972, as amended by Section 1 of Senate Bill No.
     SECTION 16.  Section 97-35-47, Mississippi Code of 1972, is amended as follows:
2576, 2019 Regular Session, is amended as follows:
     A report is false under this section when it is unsupported by any credible evidence and the person intentionally submitted the report knowing it was false.
     A report is false under this section if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable.
          SECTION 17.  Section 93-31-3, Mississippi Code of 1972, is amended as follows:
     SECTION 17.  This act shall take effect and be in force from and after July 1, 2019.
     93-31-3.  (1)  (a)  A parent or legal custodian of a child, by means of a properly executed power of attorney as provided in Section 93-31-5, may delegate to another willing person or persons as attorney-in-fact any of the powers regarding the care and custody of the child other than the following:
              (i)  The power to consent to marriage or adoption of the child;
              (ii)  The performance or inducement of an abortion on or for the child;
or               (iii)  The termination of parental rights to the child.
          (b)  A delegation of powers under this section does not:
              (i)  Change or modify any parental or legal rights, obligations, or authority established by an existing court order;
              (ii)  Deprive any custodial or noncustodial parent or legal guardian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child;
or               (iii)  Affect a court's ability to determine the best interests of a child.
          (c)  If both parents are living and * * * have shared custody as a matter of law or under an existing court order neither parent's parental rights have been terminated, both parents must execute the power of attorney.  If a noncustodial parent is absent or unknown, the custodial parent must complete the affidavit contemplated under Section 93-31-5 and attach it to the power of attorney.
          (d)  A power of attorney under this chapter must be facilitated by either a child welfare agency that is licensed to place children for adoption and that is operating under the Safe Families for Children model or another charitable organization that is operating under the Safe Families for Children model.  A full criminal history and child abuse and neglect background check must be conducted on any person who is not a grandparent, aunt, uncle, or sibling of the child if the person is:
              (i)  Designated or proposed to be designated as the attorney-in-fact;
or               (ii)  Is a person over the age of fifteen (15) who resides in the home of the designated attorney-in-fact.
     (2)  A power of attorney executed under this chapter shall not be used for the sole purposes of enrolling a child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purposes, except as may be permitted by the federal Every Student Succeeds Act (Public Law 114-95).
     (3)  The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by this section at any time.  Upon the termination, expiration, or revocation of the power of attorney, the child must be returned to the custody of the parent or legal custodian * * * as soon as reasonably possible.
     (4)  Until the authority expires or is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney.
     (5)  The execution of a power of attorney by a parent or legal custodian does not, in the absence of other evidence, constitute abandonment, desertion, abuse, neglect, or any evidence of unfitness as a parent unless the parent or legal custodian fails to take custody of the child or execute a new power of attorney after the one-year time limit, or after a longer time period as allowed for a serving parent, has elapsed.  Nothing in this subsection prevents the Department of Human Services or law enforcement from investigating allegations of abuse, abandonment, desertion, neglect or other mistreatment of a child.
     (6)  When the custody of a child is transferred by a power of attorney under this chapter, the child is not considered to have been placed in foster care and the attorney-in-fact will not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to out-of-home care for children and will not be subject to any statutes or regulations dealing with the licensing or regulation of foster care homes.
     (7)  (a)  "Serving parent" means a parent who is a member of the Armed Forces of the United States, including any reserve component thereof, or the National Oceanic and Atmospheric Administration Commissioned Officer Corps or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty.
          (b)  A serving parent may delegate the powers designated in subsection (1) of this section for longer than one (1) year if on active-duty service or if scheduled to be on active-duty service.  The term of delegation, however, may not exceed the term of active-duty service plus thirty (30) days.
     (8)  (a)  A power of attorney under this chapter must be filed in the youth court of the county where the minor child or children reside at the time the form is completed, and the clerk of the youth court will not impose or collect a filing fee.  The filing is informational only, and no judicial intervention shall result at the time of filing.
          (b)  The power of attorney must be entered into the Mississippi Youth Court Information Delivery System (MYCIDS) under Section 43-21-351, and must be administratively reviewed by the youth court judge or referee, or a person designated by the youth court judge or referee, to ensure the safety of the child or children who are the subjects of the power of attorney one (1) year after the date of execution.
     SECTION 18.  Section 93-31-5, Mississippi Code of 1972, is amended as follows:
     93-31-5.  (1)  The following statutory form of power of attorney to delegate parental or legal authority as authorized by Section 93-31-3 is legally sufficient:
Statutory Form for Power of Attorney to Delegate Parental or Legal Custodian Powers      1.  "I certify that I am the parent or legal custodian of:
______________________________                 ___________________ (Full name of minor child)                   (Date of birth) ______________________________                 ___________________ (Full name of minor child)                   (Date of birth) ______________________________                 ___________________ (Full name of minor child)                   (Date of birth) who is/are minor children.
     2.  I designate as the attorney-in-fact for each minor child named above:   ___________________________________________________                    (Full name of attorney-in-fact) __________________________________________________________________ (Street address, city, state and zip code of attorney-in-fact) __________________________________________________________________ (Home phone, work phone and cell phone of attorney-in-fact) as the attorney-in-fact of each minor child named above.
     3.  [Complete either Section 3(a) or 3(b)].
          (a)  I delegate to the attorney-in-fact all of my power and authority regarding the care, custody and property of each minor child named above, including, but not limited to, the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, the right to attend school activities and other functions concerning the child, and the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function or treatment that may concern the child.  This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.
OR           (b)  I delegate to the attorney-in-fact the following specific powers and responsibilities (write in):
__________________________________________________________________ [If Section 3(b) is completed, Section 3(a) does not apply.]      This delegation shall not include the power or authority to consent to:  marriage or adoption of the child, performing or inducing an abortion on or for the child, or the termination of parental rights to the child.
          (c)  The reason or reasons for this transfer of custody is as follows:  __________________________________________________ __________________________________________________________________      [Complete either 4(a) or 4(b)]      4.  (a)  This power of attorney is effective for a period not to exceed one (1) year, beginning, _____________, 20___, and ending _____________, 20____.  I reserve the right to revoke this authority at any time.
OR      [Complete either 4(a) or 4(b)]           (b)  I am a serving parent as defined in Section 93-31-3, Mississippi Code of 1972.  My active-duty service is scheduled to begin on _____________, 20___, and is estimated to end on ______________, 20____.  I reserve the right to revoke this authority at any time.  I acknowledge that in no event may this delegation of power last more than one (1) year or the term of my active duty plus thirty (30) days, whichever is longer.
                           By:  _________________________________                                (Parent/Legal Custodian signature)      5.  I hereby accept my designation as attorney-in-fact for the minor child/children specified in this power of attorney.
                                _________________________________                                    (Attorney-in-fact signature)      6.  AFFIDAVIT OF FACILITATING AGENCY UNDER SECTION 93-31-3(1)(d), Mississippi Code of 1972           I, _____________________________________ of __________ _____________(Agency), do hereby certify that I have properly vetted the proposed designated attorney-in-fact as required under Section 93-31-3(1)(d), Mississippi Code of 1972, and find no criminal or child abuse or neglect history.
                             ____________________________________                                 (Agency representative signature)                              ____________________________________                                   Name of facilitating agency State of _________________________ County of ________________________ ACKNOWLEDGEMENT      Before me, the undersigned, a Notary Public, in and for said county and state on this ____ day of _____________, 20____, personally appeared _____________________________________________ _______________________________(Name of facilitating agency and person signing as facilitator, __________________________________ (Name of Parent/Legal Custodian) and _______________________(Name of Attorney-in-fact),  known to me to be the persons who executed this instrument and who acknowledged to me that each executed the same as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument.
     Witness my hand and official seal the day and year above written.
                                  _______________________________                                   (Signature of notarial officer) (Seal, if any) _________________________ (Title and Rank) My commission expires:________________"      7.  If the custodial parent alleges that the noncustodial parent is absent, unknown, or that the location of the noncustodial parent is unknown, an affidavit must be completed and attached to the power of attorney.  The following statutory form is sufficient:
Affidavit of Custodial Parent STATE OF _________________ COUNTY OF ________________      I hereby certify that I am the custodial parent of the child(ren)_who are the subject of the power of attorney to which this affidavit is attached.  I further certify that the location of the noncustodial parent, ____________________  is unknown to me or that the identity of the father is unknown to me (insert here if the father is unknown)___________ or that the noncustodial parent is unavailable (state here the reason unavailable):  ____________________________________________.
     SO SWORN, this the ______ day of ___________, 20____                                  ___________________________________                              Custodial Parent      SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority in and for the aforementioned jurisdiction, the within named person who first presented proof of identity.
     THIS, the __ day of _____________, 20________.
                             __________________________________                              NOTARY PUBLIC My commission expires:
__________________________      (2)  A power of attorney, affidavit of facilitating agency, and affidavit of custodial parent that substantially * * * conforms conform to the forms set forth in this section * * * is are legally sufficient if * * * the form is properly completed and acknowledged.
     (3)  A revocation of a power of attorney under this chapter must be filed with the youth court where the original power of attorney was filed, and the clerk of the youth court shall not impose or collect a filing fee.  The following statutory form is sufficient to revoke a power of attorney to delegate parental or legal custodial powers that was granted under Section 93-31-3:
Statutory Form for Revocation of Power of Attorney to Delegate Parental or Legal Custodial Powers      "1.  I certify that I am the parent or legal custodian of:
______________________________                 ___________________ (Full name of minor child)                   (Date of birth) ______________________________                 ___________________ (Full name of minor child)                   (Date of birth) ______________________________                 ___________________ (Full name of minor child)                   (Date of birth) who is/are minor children.
     2.  On the ____ day of _______________, 20_____, I designated as the attorney-in-fact of each minor child named above:
__________________________________________________________________ (Full name of attorney-in-fact and DOB) __________________________________________________________________ (Street address, city, state and zip code of attorney-in-fact)      3.  I hereby certify that I am revoking said Power of Attorney to Delegate Parental or Legal Custodial Powers and am requesting that my child or children named above be immediately returned to my legal and physical care, custody and control and that I resume all legal rights and responsibilities associated with my child or children.
ACKNOWLEDGEMENT      Before me, the undersigned, a Notary Public, in and for said county and state on this ____ day of _____________, 20____, personally appeared _____________________________________________ _______________________________(Name of Parent/Legal Custodian), known to me to be the person who executed this instrument and who acknowledged to me that he or she executed this instrument as his or her free and voluntary act and deed for the uses and purposes set forth in the instrument.
     Witness my hand and official seal the day and year above written.
                                  _______________________________                                   (Signature of notarial officer) (Seal, if any) _________________________ (Title and Rank) My commission expires:________________"      SECTION 19.  This act shall take effect and be in force from and after July 1, 2019.
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Amendments

4 amendments

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Action History

  1. Approved by Governor

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Conference Report Adopted

  5. Conference Report Adopted

  6. Conference Report Filed

  7. Conference Report Filed

  8. Conferees Named Baker,Reynolds,Roberson

  9. Conferees Named Hopson,Wiggins,Turner-Ford

  10. Decline to Concur/Invite Conf

  11. Returned For Concurrence

  12. Passed As Amended

  13. Amended

  14. Title Suff Do Pass As Amended

  15. Referred To Judiciary A

  16. Transmitted To House

  17. Motion to Reconsider Tabled

  18. Motion to Reconsider Entered

  19. Passed As Amended

  20. Amended

  21. Committee Substitute Adopted

  22. Title Suff Do Pass Comm Sub

  23. Referred To Judiciary, Division A

Sponsors

  • Parker · Cosponsor
  • Dearing · Cosponsor
  • Brice Wiggins · Primary

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 172 not signed on

Sponsors (1)

Co-sponsors (2)

  • Parker
  • Dearing

Not signed on (172)

172 members have not signed on to this bill.

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Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Adopt Conference Report

Passed 51 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Democrat 6000
Unaffiliated 29001
Total 51001
% of votes cast 98%0%0%2%
How each member voted (52)
Member Party Vote
Branning — Yea
Browning — Yea
Burton — Yea
Carmichael — Yea
Caughman — Yea
Dawkins — Yea
Doty — Yea
Gollott — Yea
Horhn — Yea
Jolly — Yea
Jordan — Yea
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Yea
Tollison — Yea
Turner-Ford — Yea
Wilemon — Yea
Witherspoon — Yea
Jackson G. (15th) — Yea
Jackson R. (11th) — Yea
Jackson S. (32nd) — Yea
Parker — Yea
Simmons D. T. (12th) — Yea
Simmons W. (13th) — Yea
Absent and those Hudson — Not Voting
Yeas--Barnett — Yea
Blackmon — Yea
Clarke — Yea
Dearing — Yea
Albert Butler Democrat Yea
David Blount Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Percy W. Watson Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Passage as Amended

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 18001
Republican 45000
Unaffiliated 52001
Independent 1000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Bain — Yea
Baria — Yea
Beckett — Yea
Bomgar — Yea
Busby — Yea
Calhoun — Yea
Corley — Yea
Criswell — Yea
Denny — Yea
Dixon — Yea
Dortch — Yea
Henley — Yea
Holland — Yea
Hopkins — Yea
Hughes — Yea
McLeod — Yea
McNeal — Yea
Mettetal — Yea
Miles — Yea
Myers — Not Voting
Paden — Yea
Patterson — Yea
Reynolds — Yea
Shirley — Yea
Snowden — Yea
Staples — Yea
Straughter — Yea
Sullivan — Yea
Sykes — Yea
Walker — Yea
Weathersby — Yea
Williams-Barnes — Yea
Willis — Yea
Young — Yea
Yeas--Aguirre — Yea
Baker — Yea
Barnett — Yea
Bell (65th) — Yea
Bell (21st) — Yea
Blackmon — Yea
Clarke — Yea
Gibbs (72nd) — Yea
Gibbs (36th) — Yea
Holloway — Yea
Huddleston — Yea
Hudson — Yea
Jackson — Yea
Johnson (87th) — Yea
Johnson (94th) — Yea
Rogers (14th) — Yea
Rogers (61st) — Yea
Taylor — Yea
Mr. Speaker — Yea
Bo Brown Democrat Not Voting
Bob Evans Democrat Yea
Bob Evans Democrat Yea
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Earle S. Banks Democrat Yea
Jeffery Harness Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Kabir Karriem Democrat Yea
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Yea
Willie Bailey Democrat Yea
Angela Cockerham Independent Yea
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Dan Eubanks Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jason White Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Karl Oliver Republican Yea
Kathy L. Chism Republican Yea
Ken Morgan Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Scott DeLano Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Passage as Amended

Passed 51 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Democrat 6000
Unaffiliated 29001
Total 51001
% of votes cast 98%0%0%2%
How each member voted (52)
Member Party Vote
Branning — Yea
Browning — Yea
Carmichael — Yea
Caughman — Yea
Dawkins — Yea
Doty — Yea
Gollott — Yea
Horhn — Yea
Jolly — Yea
Jordan — Yea
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Yea
Tollison — Yea
Turner-Ford — Yea
Wilemon — Yea
Witherspoon — Yea
Yeas--Barnett — Yea
Blackmon — Yea
Clarke — Yea
Dearing — Yea
Hudson — Yea
Jackson G. (15th) — Yea
Jackson R. (11th) — Yea
Jackson S. (32nd) — Yea
Parker — Yea
Simmons D. T. (12th) — Yea
Simmons W. (13th) — Yea
Absent and those Burton — Not Voting
Albert Butler Democrat Yea
David Blount Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Percy W. Watson Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Subjects

civil-rights healthcare education
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Frequently asked questions

Who sponsors SB 2840?
SB 2840 is sponsored by Parker, Dearing, and Brice Wiggins (Republican).
What is the current status of SB 2840?
This bill has been enacted into law. Introduced January 21, 2019. Enacted.
Where can I track SB 2840?
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