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Mississippi Legislature· HB 1906Approved by Governor (Chapter 58)

Appropriation; Child Protection Services, Department of., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations C; Appropriations A

By: Representatives Deweese, Read, Bennett, Creekmore IV,
Currie, McGee, Mickens, Scott, Turner

House Bill 1906

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
DEPARTMENT OF CHILD PROTECTION SERVICES FOR THE FISCAL YEAR 2027.

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

SECTION 1.  The following sum, or so much thereof
as may be necessary, is appropriated out of any money in the State General Fund
not otherwise appropriated, to the Department of Child Protection Services for
the fiscal year beginning July 1, 2026, and ending
June 30, 2027  $   140,814,395.00.

SECTION 2.  The following sum, or so much thereof
as may be necessary, is appropriated out of any money in any special fund in
the State Treasury to the credit of the Department of Child Protection Services
which is comprised of special source funds collected by or otherwise available
to the department for the support of the various divisions of the department,
for the purpose of defraying the expenses of the department for the fiscal year
beginning July 1, 2026, and ending June 30, 2027..................................................

............................................ $
218,192,896.00.

SECTION
3.  Of the funds appropriated under the provisions of this act, not
more than the following amount of funds, with the exception of the provisions
in this section, shall be expended only for "Personal Services,"
which includes "Vacancy Funding," for the following authorized number
of employment headcount:

FUNDING:

General Funds:              $
64,259,278.00

Special Funds:              $
61,166,364.00

Total Funds:               $
125,425,642.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:          $
120,383,027.00

Progressions:              $
0.00

Vacancy Funding:            $
5,042,615.00

Total Personal
Services:    $  125,425,642.00

AUTHORIZED HEADCOUNT:

Permanent:                   1,440

Time-Limited:
403

As used in this section, the
term "Personal Services" shall mean funds provided under the major
object of expenditure category Personal Services for Salaries, Wages, and
Fringe Benefits.  Funds in this category shall not be transferred to any other
category.

It is the intention of the
Legislature to ensure compliance with the Variable Compensation Plan, as
outlined in Section 25-9-147, Mississippi Code of 1972.  Payment from these
funds shall be in accordance with the Variable Compensation Plan promulgated by
the Mississippi State Personnel Board.  It is the Legislature's intention that
no employee's salary falls below the minimum salary established by the
Mississippi State Personnel Board.

The State Personnel Board
shall determine and publish the projected annual cost of "Personal
Services" based on monthly and year-to-date payroll expenditures in
compliance with the provisions of this act.

With the funds herein
appropriated, it shall be the agency's responsibility to ensure that no single
personnel action or combination of personnel actions, when annualized, exceeds
the Fiscal Year 2027 appropriation for "Personal Services" with the
exception of escalated funds.  Further, it shall be the agency's responsibility
to ensure that funds required to be appropriated for "Personal Services"
for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds appropriated for that
purpose unless programs or positions are added to the agency's Fiscal Year 2027
budget by the Mississippi Legislature.

If, at the time the agency
takes any action to change "Personal Services," the State Personnel
Board determines that the agency has taken or will take an action that would
cause the agency to exceed the funds appropriated in this act when annualized
for Fiscal Year 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, when annualized, the State Personnel Board shall process no
salary actions until such time as the requirements of the provisions of this
section are met with the exception of new hires determined to be essential for
the agency.

When used in this section, "Vacancy
Funding" shall mean funds included in the Total Personal Services amount
listed above and designated for approved vacancies in Fiscal Year 2027.  These
funds are to be utilized to increase the number of filled headcounts that were
authorized but unfilled as of the last day of Fiscal Year 2026.  If the agency
fills additional headcounts after March 1, 2026, until the end of Fiscal Year
2026, the amount of available Vacancy Funding may be proportionally adjusted to
reflect the updated number of filled headcounts.  The agency shall be responsible
for ensuring that "Vacancy Funding" is used to increase headcounts
and not for promotions, title changes, in-range salary adjustments, or any
other mechanism for increasing salaries for current employees.

Any transfers or escalations
shall be made in accordance with the terms, conditions, and procedures
established by law or allowable under the terms set forth within this act.  The
State Personnel Board shall not escalate positions or increase the Personal
Services total without written approval from the Department of Finance and
Administration.  The Department of Finance and Administration shall not provide
written approval to escalate any funds for salaries and/or headcounts without
proof of availability of new or additional funds above the appropriated level.
Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been
accounted for and shall be converted to authorized time-limited headcounts.

No general funds authorized
to be expended herein shall be used to replace federal funds and/or other
special funds used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.

None of the funds herein
appropriated shall be used in violation of the Internal Revenue Service's
Publication 15-A relating to the reporting of income paid to contract
employees, as interpreted by the Office of the State Auditor.

If the agency's total
authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it
will be the agency's discretion as to what headcounts are removed.

The Legislature authorized three (3) new headcounts,
which are included in the authorized headcount above for Fiscal Year 2027.

New Headcount Authorized:

Attorney Family - 3

SECTION 4.  It is the intention of the Legislature
that the Department of Child Protection Services shall maintain complete
accounting and personnel records related to the expenditure of all funds
appropriated under this act and that such records shall be in the same format
and level of detail as maintained for Fiscal Year 2026.  It is further the
intention of the Legislature that the agency's budget request for Fiscal Year
2028 shall be submitted to the Joint Legislative Budget Committee in a format
and level of detail comparable to the format and level of detail provided
during the Fiscal Year 2027 budget request process.

SECTION 5.  It is the
intention of the Legislature that whenever two (2) or more bids are received by
this agency for the purchase of commodities or equipment, and whenever all
things stated in such received bids are equal with respect to price, quality
and service, the Mississippi Industries for the Blind shall be given
preference.  A similar preference shall be given to the Mississippi Industries
for the Blind whenever purchases are made without competitive bids.

SECTION 6.  The
Department of Child Protection Services is authorized to expend available funds
on technology or equipment upgrades or replacements when it will generate
savings through efficiency or when the savings generated from such upgrades or
replacements exceed expenditures thereof.

SECTION 7.  Of the
funds appropriated in Section 1, herein to the Department of Child Protection
Services, it is the intention of the Legislature that Ninety-three Thousand Six
Hundred One Dollars ($93,601.00) shall be allocated to the Mississippi Children's
Trust Fund supported from General Fund court assessments.

SECTION 8.  Of the funds appropriated by this act,
pursuant to Section 97-3-54.9, Mississippi Code of 1972, Two Hundred Fifty
Thousand Dollars ($250,000.00) is provided for maintaining a 24-hour hotline
that is to be manned at all times, and for a coordinator to work with the
Department of Public Safety, and to contract with outside agencies or service
providers to organize for the provision of specialized services, including
counseling services and other appropriate care to children who have been
victims of commercial and sexual exploitation or human trafficking.

SECTION 9.  Of the
funds appropriated in Section 1 and Section 2, an amount not to exceed Five
Million Four Hundred Thirty-one Thousand Six Hundred Ninety-two Dollars
($5,431,692.00) may be expended for the Department of Child Protection Services
for Kinship Care Payments as authorized by Section 43-15-17, Mississippi Code
of 1972.

SECTION 10.  Of the
funds appropriated in Section 1, Eleven Million Eighty-six Thousand Two Hundred
Thirty-nine Dollars ($11,086,239.00) is appropriated to maintain the Adoption
Assistance and Congregate Care Homes Maintenance Payments and One Million Seven
Hundred Eleven Thousand Nine Hundred Fifty-nine Dollars ($1,711,959.00) is
provided to maintain the Foster Home Maintenance Payments.  It is the intent of
the Legislature that these funds be expended for said purpose.

SECTION 11.  The following sum, or so much thereof
as may be necessary, is reappropriated out of any money in the Capital Expense
Fund not otherwise appropriated, for the Child Protection Services for the
purpose of reauthorizing the expenditure of Capital Expense Funds as authorized
in House Bill 17, 2025 First Extraordinary Session, to provide for Information
Technology System Developments for the fiscal year beginning July 1, 2026, and
ending June 30, 2027. $  2,500,000.00.

Notwithstanding the amount reappropriated under the
provisions of this section, in no event shall the amount expended exceed the
unexpended balances as of June 30, 2026. In addition, this reappropriation
shall not change the purpose for which the funds were originally authorized.

SECTION 12.  Of the funds appropriated under the
provisions of Section 2, Four Million Two Hundred Twenty-nine Thousand Dollars
($4,229,000.00), or so much thereof, shall be derived out of any money in the
State Treasury to the credit of the Capital Expense Fund, as created in Section
27-103-303, Mississippi Code of 1972, and allocated in a manner as determined
by the State Treasurer. These funds are provided to the Department of Child
Protection Services for the operation and maintenance of the pathways program.

SECTION 13.  With the funds appropriated herein,
the Department of Child Protection Services is authorized to make payment to
certain vendors for expenses incurred during Fiscal Years 2023 and 2024 in the
total amount.................................... $     60,208.00.

SECTION 14.  Notwithstanding any other provision,
the Department of Child Protection Services shall have the authority to
escalate its headcount for any additional operational needs related to
Coronavirus State Fiscal Recovery Funds, upon approval of the Department of
Finance and Administration and the State Personnel Board.

SECTION 15.  The
money herein appropriated shall be paid by the State Treasurer out of any money
in the State Treasury to the credit of the proper fund or funds as set forth in
this act, upon warrants issued by the State Fiscal Officer; and the State
Fiscal Officer shall issue his warrants upon requisitions signed by the proper
person, officer or officers, in the manner provided by law.

SECTION 16.  This act
shall take effect and be in force from and after July 1, 2026.
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