l9n/ Mississippi

2023 Regular Session

House Bill 1149

Path to permanency; provide for children in Child Protection Services.

Became law as Chapter 516, Laws of 2023, signed April 19, 2023, 93 days after it was filed.

What it does

The synopsis the Legislature published with the bill.

AN ACT TO PROVIDE A CLEAR PATH TO PERMANENCY FOR CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHILDREN ALLEGED TO HAVE BEEN ABUSED OR NEGLECTED SHALL BE A PARTY AND SHALL BE REPRESENTED BY COUNSEL; TO PROVIDE THAT A PARTY'S RIGHT TO REPRESENTATION SHALL EXTEND TO SHELTER HEARINGS; TO PROVIDE THAT THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE A NECESSARY PARTY AT ALL STAGES OF THE PROCEEDINGS INVOLVING A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY INCLUDING, BUT NOT LIMITED TO, SHELTER, ADJUDICATORY, DISPOSITION AND PERMANENCY HEARINGS; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO ISSUE A SUMMONS TO THE DEPARTMENT OF CHILD PROTECTION SERVICES IF A PETITION IS FILED THAT INVOLVES A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY OF OR MAY BE AWARDED CUSTODY OF; TO AMEND SECTION 43-21-701, MISSISSIPPI CODE OF 1972, TO ADD ADDITIONAL MEMBERS TO THE MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEM AND PROCEDURES; TO REVISE THE QUORUM OF THE COMMISSION; TO AMEND SECTION 43-21-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION SHALL FILE A REPORT WITH THE LEGISLATURE ON OR BEFORE A CERTAIN DATE; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK TO DOCKET TERMINATION-OF-PARENTAL-RIGHTS CASES AS PRIORITY CASES ON THE COURT'S DOCKET; TO REQUIRE IMMEDIATE NOTIFICATION TO THE ASSIGNED JUDGE UPON FILING; TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR ADOPTION PROCEEDINGS THE CHANCERY COURT HAS ORIGINAL EXCLUSIVE JURISDICTION OVER ALL ADOPTION PROCEEDINGS EXCEPT WHEN A COUNTY COURT SITTING AS A YOUTH COURT HAS ACQUIRED JURISDICTION OF A CHILD IN AN ABUSE OR NEGLECT PROCEEDING; TO PROVIDE THAT THE COUNTY COURT SHALL HAVE ORIGINAL EXCLUSIVE JURISDICTION TO HEAR A PETITION FOR ADOPTION OF A CHILD IN AN ABUSE OR NEGLECT PROCEEDING; TO REQUIRE THE CLERK TO DOCKET ADOPTION PROCEEDINGS AS PRIORITY CASES ON THE COURT'S DOCKET; TO REQUIRE IMMEDIATE NOTIFICATION TO THE ASSIGNED JUDGE UPON FILING; TO PROVIDE THAT FROM AND AFTER JULY 1, 2023, THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE A STATE AGENCY SEPARATE AND APART FROM THE DEPARTMENT OF HUMAN SERVICES AND NOT A SUBAGENCY HOUSED WITHIN THE DEPARTMENT OF HUMAN SERVICES, AND SHALL HAVE SUCH POWERS AND DUTIES AND PERFORM SUCH FUNCTIONS THAT ARE ASSIGNED TO THE DEPARTMENT OF CHILD PROTECTION SERVICES BY STATE LAW; TO AMEND SECTION 43-26-1, MISSISSIPPI CODE OF 1972, AND TO CREATE NEW SECTIONS 43-26-5, 43-26-7, 43-26-9, 43-26-11, 43-26-13, 43-26-15, 43-26-17, 43-26-19, 43-26-21 AND 43-26-23, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE POWERS AND DUTIES OF THE DEPARTMENT OF CHILD PROTECTION SERVICES AND THE COMMISSIONER OF CHILD PROTECTION SERVICES; TO AMEND SECTIONS 11-46-1, 11-46-8, 25-1-109, 27-104-203, 37-31-107, 37-106-69, 37-115-43, 41-3-18, 41-67-12, 41-87-5, 41-101-1, 43-1-9, 43-1-101, 43-14-1, 43-14-5, 43-15-3, 43-15-5, 43-15-6, 43-15-7, 43-15-11, 43-15-15, 43-15-19, 43-15-21, 43-15-23, 43-15-103, 43-15-105, 43-15-107, 43-15-109, 43-15-113, 43-15-115, 43-15-117, 43-15-119, 43-15-121, 43-15-125, 43-15-201, 43-15-203, 43-15-207, 43-16-3, 43-16-7, 43-18-3, 43-18-5, 43-21-351, 43-21-354, 43-21-357, 43-21-405, 43-21-603, 43-21-609, 43-21-801, 43-27-101, 43-27-103, 43-27-109, 43-27-113, 43-27-115, 43-27-117, 43-27-119, 43-43-5, 43-51-3, 43-51-5, 43-51-7, 45-33-36, 57-13-23, 93-5-23, 93-17-5, 93-17-8, 93-17-11, 93-17-12, 93-17-53, 93-17-57, 93-17-59, 93-17-61, 93-17-63, 93-17-65, 93-17-101, 93-17-103, 93-17-107, 93-17-109, 93-17-203, 93-17-209, 93-21-305, 93-21-307, 93-21-309, 93-21-311, 93-31-3, 97-5-24, 97-5-39 AND 99-41-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTION 93-17-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO ORDER A HOME STUDY IF NECESSARY IN CERTAIN ADOPTIONS; TO AMEND SECTION 93-17-25, MISSISSIPPI CODE OF 1972, TO PROHIBIT CERTAIN PERSONS FROM DISCLOSING INFORMATION RECEIVED DURING CLOSED ADOPTION HEARINGS OR FROM RECORDS PERTAINING TO ADOPTION PROCEEDINGS; TO REPEAL SECTIONS 43-1-51, 43-1-53, 43-1-57, 43-1-59, 43-1-63, 43-51-1 AND 43-51-9, MISSISSIPPI CODE OF 1972, WHICH CREATED THE DIVISION OF FAMILY AND CHILDREN'S SERVICES WITHIN THE DEPARTMENT OF HUMAN SERVICES, PROVIDES THE TITLE FOR THE FAMILY PRESERVATION ACT, AND REQUIRES AN ONGOING EVALUATION AND REPORT ON FAMILY PRESERVATION SERVICES; AND FOR RELATED PURPOSES.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the House of Representatives

2 co-sponsors

Otis Anthony, De'Keither A. Stamps

Its course

January 16 to April 19, 2023, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action26 actions on 18 days

In the House of RepresentativesJan 16 to Feb 217 days

Judiciary AJan 16 to Jan 3115 days

In the SenateFeb 2 to Mar 834 days

Judiciary, Division AFeb 13 to Feb 2815 days

Back in the House of RepresentativesMar 8 to Apr 528 days

With the GovernorApr 5 to Apr 1914 days

Amendments

Each amendment offered, and what became of it.

  • Senate committee amendmentPending

  • Senate floor amendmentAdopted

    Adopted Mar 8

Text

Each version as the Legislature printed it.

l9n doesn't hold this bill's text yet.

What happened

In l9n's words, one line for each step. Every action as the Legislature published it is below.

In the House of Representatives Jan 16 – Feb 2

  1. Jan 16Referred to the House committee on Judiciary A
  2. Jan 31Reported from committee in the House: title sufficient, do pass
  3. Feb 2Passed the House

In the Senate Feb 3 – Mar 8

  1. Feb 3Sent to the Senate
  2. Feb 13Referred to the Senate committee on Judiciary, Division A
  3. Feb 28Reported from committee in the Senate: title sufficient, do pass as amended
  4. Mar 8Amended in the Senate
  5. Passed the Senate as amended

Back in the House of Representatives Mar 9 – Apr 5

  1. Mar 9Returned to the House to concur in the Senate's amendments
  2. Mar 14Declined in the House to concur, and invited a conference
  3. Mar 21Conferees named in the House: Cockerham, Tullos and Yancey
  4. Mar 22Conferees named in the Senate: Wiggins, Boyd and Branning
  5. Mar 27Conference report filed in the Senate
  6. Conference report filed in the House
  7. Mar 28Recommitted in the House to the conferees for further conference
  8. Recommitted in the Senate to the conferees for further conference
  9. Mar 29Suspended from deadlines by House Concurrent Resolution 61
  10. Mar 30Conference report filed in the Senate
  11. Conference report filed in the House
  12. Conference report adopted in the Senate
  13. Motion in the Senate to reconsider entered
  14. Mar 31Motion in the Senate to reconsider tabled
  15. Conference report adopted in the House
  16. Apr 5Enrolled bill signed in the House

To the Governor Apr 5 – Apr 19

  1. Apr 5Enrolled bill signed in the Senate
  2. Apr 19Approved by the Governor
All 26 actions, as published
  1. Jan 16Referred To Judiciary AHouse of Representatives
  2. Jan 31Title Suff Do PassHouse of Representatives
  3. Feb 2PassedHouse of Representatives
  4. Feb 3Transmitted To SenateHouse of Representatives
  5. Feb 13Referred To Judiciary, Division ASenate
  6. Feb 28Title Suff Do Pass As AmendedSenate
  7. Mar 8AmendedSenate
  8. Mar 8Passed As AmendedSenate
  9. Mar 9Returned For ConcurrenceSenate
  10. Mar 14Decline to Concur/Invite ConfHouse of Representatives
  11. Mar 21Conferees Named Cockerham,Tullos,YanceyHouse of Representatives
  12. Mar 22Conferees Named Wiggins,Boyd,BranningSenate
  13. Mar 27Conference Report FiledSenate
  14. Mar 27Conference Report FiledHouse of Representatives
  15. Mar 28Recommitted For Further ConfHouse of Representatives
  16. Mar 28Recommitted For Further ConfSenate
  17. Mar 29Suspend from Deadlines by HC 61Both houses
  18. Mar 30Conference Report FiledSenate
  19. Mar 30Conference Report FiledHouse of Representatives
  20. Mar 30Conference Report AdoptedSenate
  21. Mar 30Motion to Reconsider EnteredSenate
  22. Mar 31Motion to Reconsider TabledSenate
  23. Mar 31Conference Report AdoptedHouse of Representatives
  24. Apr 5Enrolled Bill SignedHouse of Representatives
  25. Apr 5Enrolled Bill SignedSenate
  26. Apr 19Approved by GovernorGovernor