Mississippi Department of Human Services; extend repealers on., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services

By: Representative Shanks

House Bill 1772

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 43-1-1, 43-1-2, 43-1-3, 43-1-5 AND
43-27-20, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALERS ON
THOSE STATUTES CREATING AND RELATING TO THE ADMINISTRATION OF THE MISSISSIPPI
DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
43-1-1, Mississippi Code of 1972, is amended as follows:

43-1-1.  (1)  The Mississippi
Department of Human Services shall be the State Department of Public Welfare
and shall retain all powers and duties as granted to the State Department of
Public Welfare.  Wherever the term "State Department of Public
Welfare" or "State Board of Public Welfare" appears in any law,
the same shall mean the Mississippi Department of Human Services.  The
Executive Director of Human Services may assign to the appropriate offices such
powers and duties deemed appropriate to carry out the lawful functions of the
department.

(2)  This section shall
stand repealed on July 1, * * *2026 2029.

SECTION 2.  Section
43-1-2, Mississippi Code of 1972, is amended as follows:

43-1-2.  (1)  There is
created the Mississippi Department of Human Services, whose offices shall be
located in Jackson, Mississippi, and which shall be under the policy direction
of the Governor.

(2)  The chief
administrative officer of the department shall be the Executive Director of
Human Services.  The Governor shall appoint the Executive Director of Human
Services with the advice and consent of the Senate, and he shall serve at the
will and pleasure of the Governor, and until his successor is appointed and
qualified.  The Executive Director of Human Services shall possess the
following qualifications:

(a)  A bachelor's
degree from an accredited institution of higher learning and ten (10) years'
experience in management, public administration, finance or accounting; or

(b)  A master's or
doctoral degree from an accredited institution of higher learning and five (5)
years' experience in management, public administration, finance or accounting.

Those qualifications shall
be certified by the State Personnel Board.

(3)  There shall be a Joint
Oversight Committee of the Department of Human Services composed of the
respective Chairmen of the Senate Public Health and Welfare Committee, the
Senate Appropriations Committee, the House Public Health and Human Services
Committee and the House Appropriations Committee, three (3) members of the
Senate appointed by the Lieutenant Governor to serve at the will and pleasure
of the Lieutenant Governor, and three (3) members of the House of
Representatives appointed by the Speaker of the House to serve at the will and
pleasure of the Speaker.  The chairmanship of the committee shall alternate for
twelve-month periods between the Senate members and the House members, on May 1
of each year, with the Chairman of the Senate Public Health and Welfare
Committee serving as chairman beginning in even-numbered years, and the
Chairman of the House Public Health and Human Services Committee serving as
chairman beginning in odd-numbered years.  The committee shall meet once each
quarter, or upon the call of the chairman at such times as he deems necessary
or advisable, and may make recommendations to the Legislature pertaining to any
matter within the jurisdiction of the Mississippi Department of Human
Services.  The appointing authorities may designate an alternate member from
their respective houses to serve when the regular designee is unable to attend
such meetings of the oversight committee.  For attending meetings of the
oversight committee, such legislators shall receive per diem and expenses which
shall be paid from the contingent expense funds of their respective houses in
the same amounts as provided for committee meetings when the Legislature is not
in session; however, no per diem and expenses for attending meetings of the
committee will be paid while the Legislature is in session.  No per diem and
expenses will be paid except for attending meetings of the oversight committee
without prior approval of the proper committee in their respective houses.

(4)  The Department of Human
Services shall provide the services authorized by law to every individual
determined to be eligible therefor, and in carrying out the purposes of the
department, the executive director is authorized:

(a)  To formulate the
policy of the department regarding human services within the jurisdiction of
the department;

(b)  To adopt, modify,
repeal and promulgate, after due notice and hearing, and where not otherwise
prohibited by federal or state law, to make exceptions to and grant exemptions
and variances from, and to enforce rules and regulations implementing or
effectuating the powers and duties of the department under any and all statutes
within the department's jurisdiction, all of which shall be binding upon the
county departments of human services;

(c)  To apply for,
receive and expend any federal or state funds or contributions, gifts, devises,
bequests or funds from any other source;

(d)  Except as limited
by Section 43-1-3, to enter into and execute contracts, grants and cooperative
agreements with any federal or state agency or subdivision thereof, or any
public or private institution located inside or outside the State of
Mississippi, or any person, corporation or association in connection with
carrying out the programs of the department; and

(e)  To discharge such
other duties, responsibilities and powers as are necessary to implement the
programs of the department.

(5)  The executive director
shall establish the organizational structure of the Mississippi Department of
Human Services which shall include the creation of any units necessary to
implement the duties assigned to the department and consistent with specific
requirements of law, including, but not limited to:

(a)  Division of
Youth Services;

(b)  Office of Economic
Programs;

(c)  Office of Child
Support Enforcement; or

(d)  Office of Field
Operations to administer any state or county level programs under the purview
of the Mississippi Department of Human Services, with the exception of programs
that fall under paragraph (a) of this subsection.

(6)  The Executive Director
of Human Services shall appoint heads of offices, bureaus and divisions, as
defined in Section 7-17-11, who shall serve at the pleasure of the executive
director.  The salary and compensation of such office, bureau and division
heads shall be subject to the rules and regulations adopted and promulgated by
the State Personnel Board as created under Section 25-9-101 et seq.  The
executive director shall have the authority to organize offices as deemed
appropriate to carry out the responsibilities of the department.  The
organization charts of the department shall be presented annually with the
budget request of the Governor for review by the Legislature.

(7)  This section shall
stand repealed on July 1, * * *2026 2029.

SECTION 3.  Section
43-1-3, Mississippi Code of 1972, is amended as follows:

43-1-3.  Notwithstanding the
authority granted under subsection (4)(d) of Section 43-1-2, the Department of
Human Services or the Executive Director of Human Services shall not be
authorized to delegate, privatize or otherwise enter into a contract with a
private entity for the operation of any office, bureau or division of the department,
as defined in Section 7-17-11, without specific authority to do so by general
act of the Legislature.  However, nothing in this section shall be construed to
invalidate:  (a) any contract of the department that is in place and
operational before January 1, 1994; or (b) the continued renewal of any such
contract with the same entity upon the expiration of the contract; or (c) the
execution of a contract with another legal entity as a replacement of any such
contract that is expiring, provided that the replacement contract is
substantially the same as the expiring contract.  Nothing in this section shall
prohibit the Department of Human Services or the Executive Director of Human
Services from entering into any contract with vendors or contractors intended
to improve performance, reduce costs or increase efficiency, so long as the
contract remains under the supervision or control of an office, bureau or
division of the department, and provided that no county office of the
department may be closed unless the Legislature specifically authorizes its
closure in advance of the closure.

This section shall stand
repealed on July 1, * * *2026
2029.

SECTION 4.  Section
43-1-5, Mississippi Code of 1972, is amended as follows:

43-1-5.  It shall be the
duty of the Department of Human Services to:

(1)  Establish and maintain
programs not inconsistent with the terms of this chapter and the rules,
regulations and policies of the Department of Human Services, and publish the
rules and regulations of the department pertaining to such programs.

(2)  Make such reports in
such form and containing such information as the federal government may, from
time to time, require, and comply with such provisions as the federal
government may, from time to time, find necessary to assure the correctness and
verification of such reports.

(3)  Within ninety (90) days
after the end of each fiscal year, and at each regular session of the
Legislature, make and publish one (1) report to the Governor and to the
Legislature, showing for the period of time covered, in each county and for the
state as a whole:

(a)  The total number
of recipients;

(b)  The total amount
paid to them in cash;

(c)  The maximum and
the minimum amount paid to any recipients in any one (1) month;

(d)  The total number
of applications;

(e)  The number
granted;

(f)  The number denied;

(g)  The number
cancelled;

(h)  The amount
expended for administration of the provisions of this chapter;

(i)  The amount of
money received from the federal government, if any;

(j)  The amount of
money received from recipients of assistance and from their estates and the
disposition of same;

(k)  Such other
information and recommendations as the Governor may require or the department
shall deem advisable;

(l)  The number of
state-owned automobiles purchased and operated during the year by the
department, the number purchased and operated out of funds appropriated by the
Legislature, the number purchased and operated out of any other public funds,
the miles traveled per automobile, the total miles traveled, the average cost
per mile and depreciation estimate on each automobile;

(m)  The cost per mile
and total number of miles traveled by department employees in privately owned
automobiles, for which reimbursement is made out of state funds;

(n)  Each association,
convention or meeting attended by any department employees, the purposes
thereof, the names of the employees attending and the total cost to the state
of such convention, association or meeting;

(o)  How the money
appropriated to the institutions under the jurisdiction of the department has
been expended during the preceding year, beginning and ending with the fiscal
year of each institution, exhibiting the salaries paid to officers and
employees of the institutions, and each and every item of receipt and
expenditure; and

(p)  The activities of
each office within the Department of Human Services and recommendations for
improvement of the services to be performed by each division.

Each report shall be
balanced and shall begin with the balance at the end of the preceding fiscal
year, and if any property belonging to the state or the institution is used for
profit, such report shall show the expenses incurred in managing the property
and the amount received from the same.  Such reports shall also show a summary
of the gross receipts and gross disbursements for each fiscal year and shall
show the money on hand at the beginning of the fiscal period of each division
and institution of the department.

This section shall stand
repealed on July 1, * * *2026
2029.

SECTION 5.  Section
43-27-20, Mississippi Code of 1972, is amended as follows:

43-27-20.  (a)  Within the
Division of Youth Services there shall be an Office of Community Services,
which shall be headed by a director appointed by and responsible to the
Director of the Division of Youth Services.  Each director shall hold a
master's degree in social work or a related field and shall have no less than
three (3) years' experience in social services, or in lieu of such degree and
experience, the director shall have a minimum of eight (8) years' experience in
social work or a related field.  Each director shall employ and assign the
community workers to serve in the various areas in the state and any other
supporting personnel necessary to carry out the duties of the Office of
Community Services.

(b)  The Director of the
Office of Community Services shall assign probation and aftercare workers to
the youth court or family court judges of the various court districts upon the
request of the individual judge on the basis of caseload and need, when funds
are available.  The Director of the Office of Community Services is authorized
to assign a youth services counselor to various court districts upon the approval
of the appropriate judge and the Director of the Division of Youth Services.

(c)  Any counties or
cities which, on July 1, 1973, have court counselors or similar personnel may
continue using this personnel or may choose to come within the statewide framework.

(d)  A probation and
aftercare worker may be transferred by the division from one (1) court to
another after consultation with the judge or judges in the court to which the
employee is currently assigned.

(e)  The Office of Community
Services shall have such duties as the Division of Youth Services shall assign
to it which shall include, but not be limited to, the following:

(i)  Preparing the
social, educational and home-life history and other diagnostic reports on the
child for the benefit of the court or the training school; however, this
provision shall not abridge the power of the court to require similar services
from other agencies, according to law.

(ii)  Serving in
counseling capacities with the youth or family courts.

(iii)  Serving as
probation agents for the youth or family courts.

(iv)  Serving, advising
and counseling of children under the control of the Division of Youth Services
as may be necessary to the placement of the children in their proper
environment upon release and the placement of children in suitable jobs where
necessary and proper.

(v)  Supervising and
guiding of children released or conditionally released from institutions under
the control of the Division of Youth Services.

(vi)  Coordinating the
activities of supporting community agencies which aid in the social adjustment
of children released from the institution and in an aftercare program.

(vii)  Providing
linkage and/or referral for services leading to the rehabilitation of
delinquents, either within the division or through cooperative arrangements
with other appropriate agencies.

(viii)  Providing
counseling and supervision for any child under ten (10) years of age who has
been brought to the attention of the court when other suitable personnel is not
available and upon request of the court concerned.

(ix)  Supervising the
completion of aftercare programs and/or making revocation investigations at the
request of the court.

(x)  Implementing a Standardized Risk Assessment Tool for
use in the community.

(xi)  Developing and
implementing a graduated sanctions policy for use within the community.

(e)  This section shall
stand repealed on July 1, * * *2026 2029.

SECTION 6.  This act
shall take effect and be in force from and after July 1, 2026.