Bill Text: MS HB1624 | 2024 | Regular Session | Engrossed
Bill Title: Court-Appointed Special Advocate (CASA) Program; create state associate and standardize operations of local programs.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed) 2024-05-01 - Conference Report Adopted [HB1624 Detail]
Download: Mississippi-2024-HB1624-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representatives Fondren, Felsher, Kinkade
House Bill 1624
(As Passed the House)
AN ACT TO ESTABLISH STATE STANDARDS AND OPERATING PROCEDURES FOR LOCAL COURT-APPOINTED SPECIAL ADVOCATE (CASA) PROGRAMS; TO DEFINE CERTAIN TERMS; TO AUTHORIZE A YOUTH COURT JUDGE TO ESTABLISH A LOCAL CASA PROGRAM GOVERNED BY A LOCAL BOARD OF DIRECTORS AND TO PRESCRIBE THE BOARD'S POWERS; TO REQUIRE THE STATE CASA ASSOCIATION TO PROVIDE SUPPORT SERVICES TO LOCAL CASA PROGRAMS; TO CREATE THE MISSISSIPPI CASA NETWORK FUND IN THE STATE TREASURY AND TO DIRECT THE DEPOSIT OF CERTAIN MONIES INTO THE FUND; TO ESTABLISH MINIMUM REQUIREMENTS FOR LOCAL CASA VOLUNTEERS; TO REQUIRE THE CLERK OF COURT TO PERFORM CERTAIN DUTIES IN RELATION TO CASA VOLUNTEERS APPOINTED TO A COURT CASE; TO PRESCRIBE THE DUTIES OF A CASA VOLUNTEER ASSIGNED TO A CASE; TO CREATE A STATE COURT-APPOINTED SPECIAL ADVOCATE (CASA) ASSOCIATION; TO PRESCRIBE THE STATE ASSOCIATION'S DUTIES; TO AUTHORIZE THE BOARD OF DIRECTORS OF THE ASSOCIATION TO EMPLOY A DIRECTOR AND TO ESTABLISH QUALIFICATIONS FOR THE DIRECTOR; TO AUTHORIZE THE ADMINISTRATIVE OFFICE OF COURTS TO PROVIDE SECRETARIAL AND SUPPORT SERVICES TO THE ASSOCIATION; TO REQUIRE LOCAL CASA PROGRAMS TO SUBMIT SPECIFIED DATA TO THE ASSOCIATION; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE STATE ASSESSMENT IMPOSED FOR DRUG VIOLATIONS FOR THE SUPPORT OF THE MISSISSIPPI FOSTER CARE FUND; TO AMEND SECTIONS 43-21-121 AND 43-21-261, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 37-26-11, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI FOSTER CARE FUND AND PRESCRIBES THE PURPOSES FOR WHICH MONIES IN THE FUND MAY BE EXPENDED, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) "Association" means the state Court-Appointed Special Advocate Association established under Section 8 of this act.
(b) "Court" means youth court or, if there is no youth court in the county where the CASA program is located, then chancery court.
(c) "Court-appointed special advocate case" or "CASA case" means a child or group of siblings who are within the jurisdiction of the court as a result of abuse, neglect or dependency proceedings and for whom the court has appointed and the program director has assigned a CASA volunteer.
(d) "Court-appointed special advocate program" or "CASA program" means a program by which trained community volunteers are provided to the court for appointment to represent the best interests of children who have come into the court system as a result of dependency, abuse or neglect.
(e) "Court-appointed special advocate volunteer" or "CASA volunteer" means a person who completes training through, and is supervised by, a CASA program and appointed by a judge to represent the best interests of dependent, abused or neglected children in court.
(f) "Local board" means the local board of directors appointed or selected pursuant to Section 2 of this act to govern a local CASA program.
(g) "Program director" means the director of each local CASA program selected under Section 2 of this act.
(h) "State board" means the state board of directors elected under Section 8 of this act.
(i) "State director" means the director of the state association provided for in Section 10 of this act.
SECTION 2. (1) For the purpose of providing an independent, efficient and thorough representation for children who enter the court system as a result of dependency, abuse or neglect, there may be established a court-appointed special advocate program by the judge of the youth court or, if none, the senior chancellor in the county in which the program is established.
(2) A local CASA program must be governed by a local board of directors. For new CASA programs, the initial board must be appointed by the judge of the youth court or, if none, the senior chancellor. Thereafter, members must be selected by the existing board members. Each board must include at least seven (7) members. Each board member must have a demonstrated interest in child welfare issues and commitment to the purpose and role of the court-appointed special advocate volunteers. Employees of the Mississippi Department of Child Protection Services are not eligible to serve as officers on the board. As far as practicable, members must be representative of the racial and ethnic composition of the area served by the CASA program. The following are the powers and duties of the board:
(a) Determine major personnel, organization, fiscal, and program policies including, but not limited to, the following:
(i) Measures to be taken to safeguard the CASA program's information relating to children, their families and the CASA volunteers;
(ii) The procedures for the recruitment, screening, training and supervision of CASA volunteers; and
(iii) The procedure for and circumstances warranting dismissal of a CASA volunteer from the CASA program;
(b) Determine overall plans and priorities for the CASA program, including provisions for evaluating progress against performance;
(c) Approve the program budget;
(d) Enforce compliance with all conditions of all grants contracts;
(e) Determine rules and procedures for the governing board;
(f) Select the officers and the executive committee, if any, of the governing board;
(g) Meet at least four (4) times each year;
(h) Submit an annual report to the association in the uniform manner required, which must include, but need not be limited to, the following information:
(i) Number of CASA volunteers in the program;
(ii) Number of program staff;
(iii) Number of children served;
(iv) Number of volunteers receiving initial training;
(v) Number of and topics for in-service training;
(vi) The type of source of the funds received and the amount received from each type of source during the previous fiscal year;
(vii) The expenditures during the previous year; and
(viii) Other information as deemed appropriate.
(3) Local CASA programs shall comply with the National CASA Association and Mississippi CASA Association Standards for Programs. Local programs shall ensure that CASA volunteers are supervised adequately by providing at least one (1) supervisory staff person for every thirty (30) CASA volunteers who have been appointed by the court and assigned by the program director. Each local CASA program must be managed by a qualified director whose service may be voluntary or who may be paid a salary. The program director's duties include:
(a) Administration of the CASA program, as directed by the local and state boards;
(b) Recruitment, screening, training and supervision of CASA volunteers and other program staff;
(c) Facilitation of the performance of the court-appointed special advocates' duties; and
(d) Ensuring that the security measures established by the local and state boards for safeguarding the information relating to children, their families and the CASA volunteers are maintained.
(4) As far as practicable, CASA volunteers must be representative of the socioeconomic, racial and ethnic composition of the area served.
(5) CASA volunteers may be removed by the court for nonparticipation or other cause or by the program director pursuant to subsection (2) of this section.
(6) Employees of the Mississippi Department of Child Protection Services may not become volunteers or employees of the court appointed special advocate program.
(7) All written court-appointed special advocate reports submitted pursuant to Section 7 of this act must become part of the records of the child on file with the Mississippi Department of Child Protection Services.
(8) Each CASA volunteer, program director and other program staff must take an oath, administered by a judge of the court, to keep confidential all information related to the appointed case except in conferring with or reports to the court, parties to the case, the Mississippi Department of Child Protection Services, others designated by the court, and as provided by law.
(9) CASA volunteers must be appointed by the presiding judge to represent the best interest of the child, subject to judicial discretion, and only after confirmation from the program director that the CASA volunteer has been screened properly and trained.
SECTION 3. (1) Secretarial and support services for each CASA program must be provided by the association. The Administrative Office of Courts also may provide secretarial and support services.
(2) CASA programs may receive private funds and local, state and federal government funding to ensure total or partial funding of program activities.
SECTION 4. (1) The Mississippi CASA Network Fund is created as a separate trust fund in the State Treasury to be administered by the Administrative Office of Courts.
(2) The fund will receive amounts collected from proceeds from grants, contributions, appropriations or other monies made available for the purposes of the fund. Monies in the fund must be used to support CASA programs in Mississippi.
(3) Monies remaining in the fund at the close of a fiscal year and interest earned on monies in the fund may not lapse into the General Fund but must be carried forward to the next fiscal year.
(4) Fifty percent (50%) of the gross proceeds from the Mississippi Foster Care Fund created under Section 37-26-11 must be deposited into the Mississippi CASA Network Fund, and fifty percent (50%) must be granted to the Mississippi Association of Child Care Agencies for the purpose of expanding collaboration and training with Department of Child Protection Services staff and other purposes.
(5) Monies in the fund must be appropriated for the purposes set forth in this act and may not be appropriated or transferred by the Legislature for any other purposes.
SECTION 5. (1) A CASA volunteer must meet the following minimum requirements:
(a) Be at least twenty-one (21) years of age;
(b) Be of good moral character;
(c) Complete a written application providing the names of at least three (3) references;
(d) Submit to a personal interview with program staff;
(e) Submit to a criminal records background check; and
(f) Submit to child and vulnerable person abuse registries checks.
(2) If found acceptable, the applicant shall obtain a minimum of thirty (30) hours of initial training and take an oath of confidentiality administered by a youth court judge or, if none, a chancellor in the chancery court district.
(3) Initial and in-service training of volunteers must be provided by the program director or staff following standards adopted pursuant to Section 9 of this act.
SECTION 6. (1) The clerk of court shall:
(a) Notify and provide a copy of all dependency, abuse and neglect petitions to the program director, as soon as the court makes a referral to the program director for assignment of a CASA volunteer to the case;
(b) Provide a copy of all court orders issued pursuant to this section; and
(c) Notify the program director of all scheduled court hearings for cases to which a CASA volunteer has been assigned.
(2) Upon appointment by the court to represent a child, the CASA volunteer will have access to all information and records pertaining to the child including, but not limited to, the records of the following entities: the Mississippi Department of Child Protection Services; childcare facilities licensed by the State Department of Health; public and private schools; physical and mental health care providers; law enforcement agencies; and other entities deemed appropriate by the court.
(3) With court approval, a CASA volunteer may have access to information and records pertaining to the parents or persons exercising custodial control or supervision of the child assigned to the CASA volunteer, including information and records of the court, the Mississippi Department of Child Protection Services, public and private child care facilities, public and private schools, and the medical and psychological records of the child assigned to the volunteer. The volunteer must have access to the medical and psychological records of parents when the court determines that the information is essential to the welfare of the child and the court orders it.
SECTION 7. (1) CASA volunteers who have a conflict of interest in a case may not be appointed to the case.
(2) The CASA volunteer shall:
(a) Attend all court hearings, except that the CASA volunteer may be excused by the court or the program director if emergency circumstances arise;
(b) Submit no less than one (1) written report and recommendation to the judge every six (6) months for consideration in determining the best interest of the child at the dispositional hearing, dispositional review hearings, and other hearings as requested by the court for as long as the case is assigned to the
CASA volunteer;
(c) Monitor the case by visiting the child as often as necessary to observe whether the child's essential needs are being met and whether court orders actually are being carried out;
(d) Participate in any treatment planning conferences and reviews involving the child to assess whether reasonable efforts are being made to provide services to the child and family and determine the appropriateness and progress of the child's permanent plan;
(e) Advocate a prompt, thorough review of the case if the child's circumstances warrant the attention of the court;
(f) Interview parties involved in the case, including interviewing and observing the child;
(g) Maintain complete written records about the case;
(h) Report any incidents of child or adult abuse or neglect to the appropriate authorities and to the program director;
(i) Remain actively involved in the case until dismissed from the case by the program director or judge with competent jurisdiction or when an adoption proceeding is finalized;
(j) Return all case-related materials including, but not limited to, written notes, court reports and agency documents to the program director upon the request of the program director; and
(k) Work with the Mississippi Department of Child Protection Services representatives to advocate the best interest of the child.
SECTION 8. (1) A state Court-Appointed Special Advocate Association is established. All CASA volunteers, local board members, program directors and staff are eligible for membership in the association. Other categories of membership may be created by the association.
(2) The association shall meet annually to elect a board of directors to manage the business of the association. The board shall elect a president, vice president, secretary and treasurer annually. The board shall meet at least four (4) times each year, and meetings may be held more frequently when called by the president of the board or by a majority of the board members.
SECTION 9. The association shall:
(a) Adopt and approve state standards for all CASA volunteers, program directors and other staff, including, but not limited to, guidelines for training;
(b) Adopt and approve the uniform annual data reporting procedures for local programs pursuant to subsection (2)(h) of Section 2; and
(c) Evaluate and make recommendations before January 1 of each year to the Supreme Court, Governor, Judiciary Committees of the House of Representatives and Senate, and the Administrative Offices of Courts addressing:
(i) Laws of the state and practices, policies and procedures within the state affecting the welfare of children and families; and
(ii) The effectiveness or ineffectiveness, including reasons, of local CASA volunteers advocating for permanent placement for the children in the state.
SECTION 10. (1) If the state board employs a full-time staff person to serve as the director of the association, then the state director must be a person who, by a combination of education, professional qualification, training and experience is qualified to perform the duties of this position. The state director must be of good moral character with at least two (2) years of experience working in a position managing a human services program and who has received a:
(a) Master's degree in social work, sociology, psychology, guidance and counseling, education, criminal justice or other human services field; or
(b) Baccalaureate degree in social work, sociology, psychology, guidance and counseling, education, criminal justice or other human service field with, in addition to the work experience required in this subsection, at least two (2) additional years of experience working in the human services field.
(2) The duties of the state director are as follows:
(a) To manage the state court-appointed special advocate office, including staff;
(b) To coordinate the activities of the association;
(c) To monitor the policies and practices of local CASA programs for compliance with state laws, National CASA Association Standards for Programs, and reporting requirements established by the state association; to assist local CASA programs in efforts to achieve compliance; and to report to the state association the status of compliance by local CASA programs;
(d) Upon request of local CASA programs, to provide technical assistance to local CASA programs;
(e) To provide technical assistance and support to judges of the youth courts, chancery court judges and others in the development of new local CASA programs;
(f) To coordinate a statewide public awareness campaign for generating interest in developing new CASA programs, recruiting volunteers and informing the public of the issues concerning child abuse and neglect; and
(g) Other duties as directed by the association.
SECTION 11. (1) Secretarial and support services for the state board may be provided by the Administrative Office of Courts.
(2) The association may receive private funds and local, state and federal government funds to financially assist existing local CASA programs, assist local efforts to start a CASA program, and support other activities deemed appropriate by the association.
SECTION 12. Each CASA program shall forward annually to the association data collected pursuant to Sections 2 and 9 of this act, along with any recommendations regarding the policies and practices of the court, the Mississippi Department of Child Protection Services, and child-care facilities and child-placement agencies affecting the children being represented by the CASA volunteers.
SECTION 13. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Driver Training Penalty Assessment Fund................. [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)....................... [Deleted]
Emergency Medical Services Operating Fund............... [Deleted]
Mississippi Leadership Council on Aging Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Judicial Performance Fund.............................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Children's Safe Center Fund............................ [Deleted]
DuBard School for Language Disorders Fund............... [Deleted]
Children's Advocacy Centers Fund....................... [Deleted]
Judicial System Operation Fund......................... [Deleted]
GENERAL FUND...................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Driver Training Penalty Assessment Fund................. [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Emergency Medical Services Operating Fund............... [Deleted]
Mississippi Alcohol Safety Education Program Fund....... [Deleted]
Federal-State Alcohol Program Fund..................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund.......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
GENERAL FUND...................................... $ 243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Hunter Education and Training Program Fund.............. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
GENERAL FUND...................................... $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund........................ [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
State Crime Stoppers Fund.............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Judicial Performance Fund.............................. [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Information Exchange Network Fund...................... [Deleted]
Motorcycle Officer Training Fund....................... [Deleted]
Civil Legal Assistance Fund............................ [Deleted]
Justice Court Collections Fund......................... [Deleted]
Municipal Court Collections Fund....................... [Deleted]
GENERAL FUND........................................$121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund........................ [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Criminal Justice Fund.................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Forensics Laboratory DNA Identification System Fund..... [Deleted]
GENERAL FUND...................................... $ 280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................. $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund....................... $25.00
Mississippi Foster Care Fund................... $ * * * 8.00
(c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1):
Uninsured Motorist Identification Fund:
First offense................................$200.00
Second offense...............................$300.00
Third or subsequent offense..................$400.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 14. Section 43-21-121, Mississippi Code of 1972, is amended as follows:
43-21-121. (1) The youth court shall appoint a guardian ad litem for the child:
(a) When a child has no parent, guardian or custodian;
(b) When the youth court cannot acquire personal jurisdiction over a parent, a guardian or a custodian;
(c) When the parent is a minor or a person of unsound mind;
(d) When the parent is indifferent to the interest of the child or if the interests of the child and the parent, considered in the context of the cause, appear to conflict;
(e) In every case involving an abused or neglected child which results in a judicial proceeding; or
(f) In any other instance where the youth court finds appointment of a guardian ad litem to be in the best interest of the child.
(2) The guardian ad litem shall be appointed by the court when custody is ordered or at the first judicial hearing regarding the case, whichever occurs first.
(3) In addition to all other duties required by law, a guardian ad litem shall have the duty to protect the interest of a child for whom he has been appointed guardian ad litem. The guardian ad litem shall investigate, make recommendations to the court or enter reports as necessary to hold paramount the child's best interest. The guardian ad litem is not an adversary party and the court shall ensure that guardians ad litem perform their duties properly and in the best interest of their wards. The guardian ad litem shall be a competent person who has no adverse interest to the minor. The court shall ensure that the guardian ad litem is adequately instructed on the proper performance of his duties.
(4) The court, including a county court serving as a youth court, may appoint either a suitable attorney or a suitable layman as guardian ad litem. In cases where the court appoints a layman as guardian ad litem, the court shall also appoint an attorney to represent the child. From and after January 1, 1999, in order to be eligible for an appointment as a guardian ad litem, such attorney or layperson must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately preceding such appointment. The Mississippi Judicial College shall determine the amount of child protection and juvenile justice training which shall be satisfactory to fulfill the requirements of this section. The Administrative Office of Courts shall maintain a roll of all attorneys and laymen eligible to be appointed as a guardian ad litem under this section and shall enforce the provisions of this subsection.
(5) Upon appointment of a guardian ad litem, the youth court shall continue any pending proceedings for a reasonable time to allow the guardian ad litem to familiarize himself with the matter, consult with counsel and prepare his participation in the cause. The youth court shall issue an order of assignment that grants the guardian ad litem authority to review all relevant documents concerning the minor child and to interview all parties and witnesses involved in proceedings concerning the minor child for whom the guardian ad litem is appointed.
(6) Upon order of the youth court, the guardian ad litem shall be paid a reasonable fee as determined by the youth court judge or referee out of the county general fund as provided under Section 43-21-123. To be eligible for such fee, the guardian ad litem shall submit an accounting of the time spent in performance of his duties to the court.
(7) * * * The court, in its sound discretion, may
appoint a volunteer trained layperson to assist children subject to the
provisions of this section in addition to the appointment of a guardian ad
litem. If the court utilizes his or her discretion as prescribed under this
subsection, a volunteer Court-Appointed Special Advocate (CASA) shall be
appointed from a local CASA program * * * pursuant to Sections 1 through
12 of House Bill No. 1624, 2024 Regular Session.
* * *
SECTION 15. Section 43-21-261, Mississippi Code of 1972, 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
who may be assigned in * * *
a dependency, abuse * * * or 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, 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:
(a) The judge of another youth court or member of another youth court staff;
(b) The court of the parties in a child custody or adoption cause in another court;
(c) A judge of any other court or members of another court staff, including the chancery court that ordered a forensic interview;
(d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court;
(e) 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 prior written approval, and the child, through his or her representative, gives permission to release the information;
(f) 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.). However, no records, reports, investigations or information derived therefrom pertaining to child abuse or neglect shall be disclosed;
(g) 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).
Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify 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 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 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 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.
(14) 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 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 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:
(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; * * *
(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; and
(g) A court-appointed special advocate (CASA) volunteer representing the best interests of a dependent, abused or neglected child in court pursuant to Sections 1 through 12 of House Bill No. 1624, 2024 Regular Session.
(23) Nothing in this section or chapter shall require youth court approval for disclosure of records involving children as defined in Section 43-21-105(u), if the disclosure is made in a criminal matter by a municipal or county prosecutor, a district attorney or statewide prosecutor, pursuant to the Mississippi Rules of Criminal Procedure and the records are disclosed under a protective order issued by the Circuit Court presiding over the criminal matter which incorporates the penalties stated in Section 43-21-267.
SECTION 16. Section 37-26-11, Mississippi Code of 1972, is brought forward as follows:
37-26-11. (1) There is created in the State Treasury a special fund to be known as the Children's Advocacy Centers Fund, which shall be administered by the Office of the Attorney General. The purpose of the fund shall be for training forensic interviewers in child abuse and child sexual abuse cases, training law enforcement officers and prosecutors about child abuse cases, expanding the number of Children's Advocacy Centers of Mississippi to underserved areas, and other related purposes. Monies in the fund shall be expended by the Attorney General, upon appropriation by the Legislature. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Children's Advocacy Centers of Mississippi;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
(2) There is created in the State Treasury a special fund to be known as the Mississippi Foster Care Fund, which shall be administered by the Department of Child Protection Services. The purpose of the fund shall be for supporting the services directly provided to foster families and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and for other related purposes. Monies in the fund shall be expended by the department, upon appropriation by the Legislature, only for the purposes stated in this subsection, and only in such amounts as then exist in the fund. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Mississippi Foster Care Fund;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73 for the Mississippi Foster Care Fund, ninety percent (90%) of which shall be used directly for supporting the services directly provided to foster families and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and no more than ten percent (10%) of which shall be used for administrative purposes;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
(3) From and after July 1, 2016, the expenses of the Children's Advocacy Centers Fund Program shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(4) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 17. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
