HB 1313 — "Representative Bill Kinkade Fostering Access and Inspiring True Hope (FAITH) Scholarship Program Act"; create.

InScholarship thefunds secondmay andbe subsequentdisbursed yearsonly ofif ansufficient applicant'sfunding continuedfor eligibility,the priorityscholarship considerationprogram shallis firstavailable. be given to renewal applicants.

In(8) anyTo givenparticipate yearin onlythe oneprogram, H.a scholarship applicant shall satisfy the following general eligibility requirements:

(a) Be an eligible student as defined in subsection (2)(e) of this section;

H.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 5(DJ\AM)5(DJ\KW) hundred(b) fiftyBe (150)accepted newfor applicantsenrollment shallin bea eligibledegree toor receivecertificate funds under the program, until the program reachesat itsan maximumapproved limitationpostsecondary ofeducational nineinstitution; hundred (900) scholarship recipients.

SECTIONand 6.(c) Have completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) before each year in which he or she receives a scholarship.

TheHe programor she shall payhave oneapplied hundredfor percentall (100%)federal ofstudent thefinancial tuitionassistance, and required fees, including roomEducational and board,Training andVouchers. if available, a meal plan, for an eligible student as governed by rules promulgated by the board, in conjunction with the department.

In(9) noTo eventreceive shalla tuitionrenewal andscholarship, requireda feesstudent beshall paidsatisfy pursuantthe tofollowing thiscontinuing sectioneligibility forrequirements: more than seventy-two (72) academic credit hours toward an associate's degree or one hundred forty-four (144) academic credit hours toward a bachelor's degree for each participant.

The(a) programMake shallsatisfactory onlyacademic payprogress tuitiontoward the completion of a degree or certificate as determined by rules promulgated by the board and feesmaintain relatinga to2.0 ancumulative undergraduateGPA degree.for consecutive or nonconsecutive semesters of enrollment;

Scholarshipand funds(b) mayRemain bein disbursedgood onlystanding ifwith sufficientthe fundingpolicies forestablished by the FAITHapproved scholarshippostsecondary programeducational isinstitution. available.

SECTION(10) 7.The age limitation under subsection (2)(e) of this section shall be extended by the total number of years during which the student was on active duty status in the United States Armed Forces.

(1)The (a)number Toof bemonths eligibleserved toon participateactive duty status in the program,United aStates scholarshipArmed applicantForces shall satisfybe allrounded ofup to the following:next higher year to determine the maximum length of eligibility extension allowed.

(i)(11) BeThe inscholarship thewill legalinclude custodyany ofcosts theassociated fosterwith careroom programand ofboard theduring departmentinstitutional holidays at theapproved timeH. of graduation from high school or earning a General Educational Development (GED) high school equivalency certification;

or residing in a qualified residential child care agency as described in Section 2(e)(ii) of this act at the time of graduation for high school or earning a General Educational Development (GED) high school equivalency H.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 6(DJ\AM)6(DJ\KW) certification;postsecondary educational institutions where such accommodations are available.

 or(12) inFunds thecan permanentbe legalcombined custodywith ofany theother fosterfederal, careinstitutional, program of the department when his or herprivate adoptionscholarships isto finalized,meet onthe orstudent's afterfull hiscost orof herattendance. fourteenth birthday, and has graduated from high school or earned a GED certification;

(ii)No Isother youngergift thanaid twenty-sixshould (26)be yearsreduced ofor agesupplanted atby the startKinkade ofFAITH thescholarship. semester, workforce training program or certification program for which tuition or fees are requested from the program;

(iii)However, Is accepted for enrollment in ano degree-granting,case workforceshall trainingthe orFAITH certificationscholarship program,be orcombined iswith enrolledother andgift workingaid towardto aexceed degree,cost certificate, or completion of aattendance. job training program, at a public two-year or four-year approved postsecondary educational institution or publicly funded workforce training program in the state;

and(13) (iv)The Hasboard completedshall andpromulgate submittedrules toas thenecessary Unitedto Statesimplement Departmentand ofadminister Educationthis asection. Free Application for Federal Student Aid (FAFSA), or the equivalent, before each year in which he or she receives a FAITH scholarship.

He(14) orNothing shein shallthis havesection appliedshall forbe allconstrued federalto: student financial aid grants, including Pell grants, Supplemental Education Opportunity Grants and Education and Training Vouchers, identified as being available for the student's application by the board or by the Office of Federal Student Aid within the United States Department of Education, or its successor agency.

(a) Guarantee acceptance of or entrance into any approved postsecondary educational institution for an eligible student;

(b) Limit the participation of an eligible student in any other program of financial assistance for postsecondary education;

(c) Require any approved postsecondary educational institution to waive costs or fees relating to room and board;

or (d) Restrict any approved postsecondary educational institution, the Mississippi Postsecondary Education Financial Assistance Board, or the Department of Child Protection Services from accessing other sources of financial assistance, except loans, that may be available to an eligible student.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 7(DJ\AM)7(DJ\KW) (b)SECTION In2. addition to satisfying the eligibility requirements of paragraph (a) of this section, any scholarship applicant who earns less than an 18 ACT composite score or less than a 2.5 GPA after his or her high school graduation must begin his or her postsecondary education at a community or junior college or workforce training program.

(2)(1) ToThere remainis eligibleestablished for participation in the programState afterTreasury a special fund to be designated as the first"Kinkade yearFostering ofAccess enrollmentand atInspiring anTrue approvedHope postsecondary(FAITH) educationalScholarship institutionProgram Fund." The special fund shall consist of funds appropriated or workingotherwise trainingmade program,available anby applicantthe shall:Legislature in any manner, and funds from any other source designated for deposit into the special fund.

(a)Monies Makein adequate progress toward the completionfund ofshall aonly degree,be certification,spent orupon workforceappropriation training program as determined by rulesthe promulgatedLegislature byto the board,Mississippi byPostsecondary maintainingEducation aFinancial 2.0Assistance GPABoard forand consecutiveshall oronly nonconsecutivebe semestersused ofby enrollment,the upBoard tofor sixthe (6)purpose years,of exceptimplementing asthe otherwisescholarship providedprogram established in subsectionSection (4)1 of this section;act.

(b)(2) InUnexpended accordanceamounts withremaining requirementsin establishedthe pursuantspecial tofund rulesat promulgatedthe byend of a fiscal year shall not lapse into the board,State completeGeneral atFund least:but shall remain in the Kinkade FAITH Scholarship Program Fund.

(i)Any Teninvestment (10)earnings hoursor perinterest weekearned on amounts in the performancespecial offund ashall workbe studydeposited assignment;to the credit of the special fund.

(ii)SECTION Ten3. (10) hours per week of paid employment;

(iii)Section Ten93-19-13, (10)Mississippi hoursCode perof week1972, ofis volunteeramended work;as follows:

or93-19-13. (iv) A combination of work study, paid employment or volunteer work equal to ten (10) hours per week;

and(1) H.All persons eighteen (18) years of age or older, if not otherwise disqualified, or prohibited by law, shall have the capacity to enter into binding contractual relationships affecting personal property.

In addition, all persons eighteen (18) years of age or older shall have the capacity to enter into binding contractual relationships for the purpose of investing in mutual funds, stocks, bonds and any other publicly traded H.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 8(DJ\AM)8(DJ\KW) (c)equities. Remain in good standing with the policies established by the approved postsecondary educational institution or other workforce training or certification program in the state in which he or she is enrolled.

(3)Nothing Except when extended in accordance with subsection (4) of this section,section a student shall be eligibleconstrued to receiveaffect a FAITH scholarship for a maximum of one hundred forty-four (144) consecutive or nonconsecutive academic credit hours earned, after first admittance to any approvedcontracts postsecondaryentered educationalinto institutionprior if satisfactory progress is achieved or maintained in accordance with the provisions of subsection (2) of this section, up to ageJuly twenty-six1, (26).1976.

(4)(2) (a)Any Theperson expirationwho, upon attaining eighteen (18) years of age, but not having reached the age of majority, was in or remains in the legal custody of the Department of Human Services or Child Protection Services and residing within a student'squalified eligibilityresidential shallchild becare extendedagency, as defined in Section 1 of this act, at any time on or after attaining thirteen (13) years of age, if not otherwise disqualified or prohibited by law, shall have the numbercapacity ofto academicenter termsinto binding agreements to lease real property to be occupied by the institutionperson determinesas the studentactual wasplace unableof residence, and to enrollsecure forthe ornecessary completeutility dueservices necessary to serving:make such place of residence habitable, including, but not limited to, electricity, natural gas, propane, water, sewage, garbage disposal and Internet services.

(i)(3) OnIn activeany dutylegal statusaction infounded on a contract entered into by a person eighteen (18) years of age or older, the Unitedsaid Statesperson Armedmay Forces;sue in his own name as an adult and be sued in his own name as an adult and be served with process as an adult.

(ii)SECTION As4. an officer in the Commissioned Corps of the United States Public Health Service;

orSection (iii)43-21-261, OnMississippi activeCode serviceof in1972, theis Peaceamended Corpsas orfollows: the AmeriCorps.

(b)43-21-261. The original age limitation under subsection (3) of this section shall be extended by the total number of years during which the student was on active duty status.

The(1) numberExcept as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff or officials of monthsthe youth court, a guardian ad litem appointed to a child by the court, or a H.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 9(DJ\AM)9(DJ\KW) servedCourt-Appointed onSpecial activeAdvocate duty(CASA) statusvolunteer shallwho may be roundedassigned upin an abuse and neglect case, except pursuant to an order of the nextyouth highercourt yearspecifying the person or persons to determinewhom the maximumrecords lengthmay be disclosed, the extent of eligibilitythe extensionrecords allowed.which may be disclosed and the purpose of the disclosure.

(5)Such Approvedcourt postsecondaryorders educationalfor institutionsdisclosure shall providebe summerlimited andto holidaythose roominstances andin boardwhich accommodationsthe youth court concludes, in its discretion, that disclosure is required for studentsthe enrolledbest atinterests suchof institutionsthe onchild, FAITHthe scholarships.public safety, the functioning of the youth court, or to identify a person who knowingly made a false allegation of child abuse or neglect, and then only to the following persons:

However,(a) noThe suchjudge requirementof shallanother beyouth placedcourt uponor workforcemember training programs, in remaining consistent with the provisions of theanother Johnyouth H.court staff;

Chaffee(b) FosterThe Carecourt Programof forthe Successfulparties Transitionin toa Adulthoodchild (42custody USCSor 677).adoption cause in another court;

SECTION(c) 8.A judge of any other court or members of another court staff, including the chancery court that ordered a forensic interview;

A(d) scholarshipRepresentatives awarded pursuant to this chapter may not be reduced by the amount of anya federalpublic aid,or scholarshipprivate funds,agency orproviding anysupervision federal or statehaving grantcustody fundsof otherwise received by the personchild orunder byorder the amount of any private donations made to assist the Fosteringyouth Accesscourt; and Inspiring True Hope (FAITH) program.

SECTION(e) 9.Any person engaged in a bona fide research purpose, provided that no information identifying the subject of the records shall be made available to the researcher unless it is absolutely essential to the research purpose and the judge gives H.

Fostering Access and Inspiring True Hope (FAITH) scholarship funds shall be applied to tuition and mandatory fees before any other grant, loan, voucher or scholarship the student may be awarded to attend an approved postsecondary educational institution in the state or publicly funded state workforce training program.

SECTION 10.

Any other provision of this chapter to the contrary notwithstanding, an otherwise eligible person who earns grants, scholarships or other awards, excluding loans, Pell H.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 10(DJ\AM)10(DJ\KW) Grants,prior Supplementalwritten Educationalapproval, Opportunityand Grantsthe orchild, statethrough grants, sufficient to pay one hundred percent (100%) of his or her tuition,representative, roomgives andpermission board,to andrelease other fees at an approved postsecondary educational institution in the stateinformation; or publicly funded state workforce training program, as governed by rules promulgated by the board, may not participate in the Fostering Access and Inspiring True Hope (FAITH) scholarship program.

SECTION(f) 11.The Mississippi Department of Employment Security, or its duly authorized representatives, for the purpose of a child's enrollment into the Job Corps Training Program as authorized by Title IV of the Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.).

TheHowever, directorno ofrecords, thereports, board,investigations inor conjunctioninformation withderived thetherefrom Departmentpertaining ofto Childchild Protectionabuse Services,or mayneglect promulgateshall rulesbe asdisclosed; necessary to implement and administer this chapter.

SECTION(g) 12.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;

Nothing(h) A person who was the subject of a knowingly made false allegation of child abuse or neglect which has resulted in thisa sectionconviction shallof bea construedperpetrator to: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).

(a)Law Guaranteeenforcement acceptanceagencies ofmay ordisclose entranceinformation intoto anythe approvedpublic postsecondaryconcerning educationalthe institutiontaking orof publiclya fundedchild workforceinto trainingcustody orfor certificationthe programcommission forof a fosterdelinquent oract adoptedwithout child;the necessity of an order from the youth court.

(b)The Limitinformation thereleased participationshall ofnot aidentify foster,H. qualified residential child care or adopted student in any other program of financial assistance for postsecondary education;

(c)B. Require any approved postsecondary educational institution to waive costs or fees relating to room and board;

orNo. (d) Restrict any approved postsecondary educational institution, the Mississippi Postsecondary Student Financial Assistance Board, or the Department of Child Protection Services from accessing other sources of financial assistance, except loans, that may be available to a foster or adopted student.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 11(DJ\KW) the child or his address unless the information involves a child convicted as an adult.

(2) Any records involving children which are disclosed under an order of the youth court or pursuant to the terms of this section and the contents thereof shall be kept confidential by the person or agency to whom the record is disclosed unless otherwise provided in the order.

Any further disclosure of any records involving children shall be made only under an order of the youth court as provided in this section.

(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 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 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 H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 12(DJ\KW) 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.

(4) Upon request, the child who is the subject of a youth court cause shall have the right to have his counsel inspect and copy any record, report or investigation which is filed with the youth court or which is to be considered by the youth court at a hearing.

(5) (a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect and copy any law enforcement record involving children.

(b) The Department of Child Protection Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Child Protection Services to the county prosecuting attorney or district attorney for criminal prosecution.

(c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction.

(d) Records involving children shall be disclosed to the Division of Victim Compensation of the Office of the Attorney H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 13(DJ\KW) General upon the division's request without order of the youth court for purposes of determination of eligibility for victim compensation benefits.

(6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Child Protection Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, or a public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child.

(7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality.

(8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public.

(9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 14(DJ\KW) 45-33-23, for any violation of Section 41-29-139(a)(1) or for any violation of Section 63-11-30, shall not be held confidential and shall be made available to the public.

(10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only.

(11) The victim of an offense committed by a child who is the subject of a youth court cause shall have the right to be informed of the child's disposition by the youth court.

(12) A classification hearing officer of the State Department of Corrections, as provided in Section 47-5-103, shall have the right to inspect any youth court records, excluding abuse and neglect records, of any offender in the custody of the department who as a child or minor was a juvenile offender or was the subject of a youth court cause of action, and the State Parole Board, as provided in Section 47-7-17, shall have the right to inspect such records when the offender becomes eligible for parole.

(13) The youth court shall notify the Department of Public Safety of the name, and any other identifying information such department may require, of any child who is adjudicated delinquent as a result of a violation of the Uniform Controlled Substances Law.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG PAGE 11(DJ\AM)15(DJ\KW) SECTION(14) 13.The Administrative Office of Courts shall have the right to inspect any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose.

(15) Upon a request by a youth court, the Administrative Office of Courts shall disclose all information at its disposal concerning any previous youth court intakes alleging that a child was a delinquent child, child in need of supervision, child in need of special care, truant child, abused child or neglected child, as well as any previous youth court adjudications for the same and all dispositional information concerning a child who at the time of such request comes under the jurisdiction of the youth court making such request.

(16) The Administrative Office of Courts may, in its discretion, disclose to the Department of Public Safety any or all of the information involving children contained in the office's youth court data management system known as Mississippi Youth Court Information Delivery System or "MYCIDS." (17) The youth courts of the state shall disclose to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) any youth court records in order that the number of youthful offenders, abused, neglected, truant and H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 16(DJ\KW) dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose.

The disclosure prescribed in this subsection shall not require a court order and shall be made in sortable, electronic format where possible.

The PEER Committee may seek the assistance of the Administrative Office of Courts in seeking this information.

The PEER Committee shall not disclose the identities of any youth who have been adjudicated in the youth courts of the state and shall only use the disclosed information for the purpose of monitoring the effectiveness and efficiency of programs established to assist adjudicated youth, and to ascertain the incidence of adjudicated youth who become adult offenders.

(18) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency;

however, no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein.

(19) In every case of child abuse or neglect, 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, the following information H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 17(DJ\KW) may be released by the Mississippi Department of Child Protection Services:

the cause of the circumstances regarding the fatality or medically serious or critical physical condition;

the age and gender of the child;

information describing any previous reports of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition;

the result of any such investigations;

and the services provided by and actions of the state on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition.

(20) Any member of a foster care review board designated by the Department of Child Protection Services shall have the right to inspect youth court records relating to the abuse, neglect or child in need of supervision cases assigned to such member for review.

(21) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court in any administrative or due process hearing held, pursuant to Section 43-21-257, by the Department of Child Protection Services for individuals whose names will be placed on the central registry as substantiated perpetrators.

(22) The Department of Child Protection Services may disclose records involving children to the following:

H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 18(DJ\KW) (a) A foster home, residential child-caring agency or child-placing agency to the extent necessary to provide such care and services to a child;

(b) An individual, agency or organization that provides services to a child or the child's family in furtherance of the child's permanency plan to the extent necessary in providing those services;

(c) Health and mental health care providers of a child to the extent necessary for the provider to properly treat and care for the child;

(d) An educational institution or educational services provider where the child is enrolled or where enrollment is anticipated to the extent necessary for the school to provide appropriate services to the child;

* * * (e) Any state agency or board that administers student financial assistance programs.

However, any records request under this paragraph shall be initiated by the agency or board for the purpose determining the child's eligibility for student financial assistance, and any disclosure shall be limited to the verification of the child's age during the period of time in which the child was in the department's legal custody;

and ( * * *f) Any other state agency if the disclosure is necessary to the department in fulfilling its statutory responsibilities in protecting the best interests of the child.

H.

B.

No.

1313 *HR26/R1341SG* ~ OFFICIAL ~ 22/HR26/R1341SG PAGE 19(DJ\KW) SECTION 5.

1313 *HR12/R1341PH**HR26/R1341SG* ~ OFFICIAL ~ 22/HR12/R1341PH22/HR26/R1341SG ST:

"Fostering"Representative Bill Kinkade Fostering PAGE 20 (DJ\KW) Access and Inspiring True Hope PAGE 12 (DJ\AM) (FAITH) Scholarship Program Act";

createcreate. to provide postsecondary financial assistance to foster children.