MS Affordable Child Care Act; create to provide that certain TANF funds shall be used for the Child Care Payment Program.

H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~ G1/2
26/HR26/R2248
PAGE 1 (RF\KW)

To: Public Health and Human
Services; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Thompson, Nelson

HOUSE BILL NO. 1450

AN ACT TO BE KNOWN AS THE MISSISSIPPI AFFORDABLE CHILD CARE 1
ACT; TO PROVIDE THAT EACH FEDERAL FISCAL YEAR, THE DEPARTMENT OF 2
HUMAN SERVICES AND/OR ANY STATE AGENCY RECEIVING AND ADMINISTERING 3
THE FEDERAL TANF BLOCK GRANT SHALL REALLOCATE ALL UNOBLIGATED, 4
UNLIQUIDATED CARRYOVER FEDERAL TANF FUNDS TO THE DIVISION OF THE 5
DEPARTMENT ADMINISTERING THE CHILD CARE PAYMENT PROGRAM (CCPP); TO 6
PROVIDE THAT EACH FEDERAL FISCAL YEAR, THE DEPARTMENT OR ANY STATE 7
AGENCY RECEIVING AND ADMINISTERING THE FEDERAL TANF BLOCK GRANT 8
SHALL TRANSFER THIRTY PERCENT OF THE STATE'S FIXED BASIC BLOCK 9
GRANT AMOUNT FOR ITS ANNUAL TANF BLOCK GRANT TO THE CHILD CARE AND 10
DEVELOPMENT FUND (CCDF) FOR PURPOSES OF SERVING ELIGIBLE FAMILIES 11
THROUGH THE CCPP; TO PROVIDE THAT DURING EACH FEDERAL FISCAL YEAR, 12
THE DEPARTMENT SHALL SIMULTANEOUSLY SPEND FEDERAL TANF FUNDS ON 13
DIRECT CHILD CARE NON-ASSISTANCE FOR PARENTS QUALIFYING FOR CCPP 14
REALLOCATED FROM PRIOR YEAR UNOBLIGATED, UNLIQUIDATED FEDERAL TANF 15
FUNDS AND SHALL TRANSFER THIRTY PERCENT OF THE STATE'S ANNUAL TANF 16
BLOCK GRANT TO THE CCDF FOR PURPOSES OF FUNDING SUBSIDIES TO 17
PARENTS QUALIFYING FOR CCPP; TO AMEND SECTION 43-17-5, MISSISSIPPI 18
CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR 19
RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. (1) This section shall be known and may be cited 22
as the "Mississippi Affordable Child Care Act." 23
(2) Each federal fiscal year, the Department of Human 24
Services and/or any state agency receiving and administering the 25
federal Temporary Assistance for Needy Families (TANF) block grant 26
shall reallocate all unobligated, unliquidated carryover federal 27
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 2 (RF\KW)

TANF funds to the division of the department administering the 28
Child Care Payment Program (CCPP) for the purposes of direct child 29
care spending on TANF non-assistance child care subsidies for 30
parents eligible under CCPP requirements, while adhering to 31
applicable federal rules and reporting requirements, during the 32
following federal fiscal year. 33
(3) Each federal fiscal year, the Department of Human 34
Services or any state agency receiving and administering the 35
federal TANF block grant shall transfer thirty percent (30%) of 36
the state's fixed basic block grant amount for its annual TANF 37
block grant to the Child Care and Development Fund (CCDF) for 38
purposes of serving eligible families through the CCPP. 39
(4) During each federal fiscal year, the Department of Human 40
Services shall simultaneously spend federal TANF funds on direct 41
child care non-assistance for parents qualifying for CCPP 42
reallocated from prior year unobligated, unliquidated federal TANF 43
funds and shall transfer thirty percent (30%) of the state’s 44
annual TANF block grant to the CCDF for purposes of funding 45
subsidies to parents qualifying for CCPP. 46
SECTION 2. Section 43-17-5, Mississippi Code of 1972, is 47
amended as follows: 48
43-17-5. (1) The amount of Temporary Assistance for Needy 49
Families (TANF) benefits which may be granted for any dependent 50
child and a needy caretaker relative shall be determined by the 51
county department with due regard to the resources and necessary 52
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 3 (RF\KW)

expenditures of the family and the conditions existing in each 53
case, and in accordance with the rules and regulations made by the 54
Department of Human Services which shall not be less than the 55
Standard of Need in effect for 1988, and shall be sufficient when 56
added to all other income (except that any income specified in the 57
federal Social Security Act, as amended, may be disregarded) and 58
support available to the child to provide such child with a 59
reasonable subsistence compatible with decency and health. The 60
first family member in the dependent child's budget may receive an 61
amount not to exceed Two Hundred Dollars ($200.00) per month; the 62
second family member in the dependent child's budget may receive 63
an amount not to exceed Thirty-six Dollars ($36.00) per month; and 64
each additional family member in the dependent child's budget an 65
amount not to exceed Twenty-four Dollars ($24.00) per month. The 66
maximum for any individual family member in the dependent child's 67
budget may be exceeded for foster or medical care or in cases of 68
children with an intellectual disability or a physical disability. 69
TANF benefits granted shall be specifically limited only (a) to 70
children existing or conceived at the time the caretaker relative 71
initially applies and qualifies for such assistance, unless this 72
limitation is specifically waived by the department, or (b) to a 73
child born following a twelve-consecutive-month period of 74
discontinued benefits by the caretaker relative. 75
(2) TANF benefits in Mississippi shall be provided to the 76
recipient family by an online electronic benefits transfer system. 77
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 4 (RF\KW)

(3) The Department of Human Services shall deny TANF 78
benefits to the following categories of individuals, except for 79
individuals and families specifically exempt or excluded for good 80
cause as allowed by federal statute or regulation: 81
(a) Families without a minor child residing with the 82
custodial parent or other adult caretaker relative of the child; 83
(b) Families which include an adult who has received 84
TANF assistance for sixty (60) months after the commencement of 85
the Mississippi TANF program, whether or not such period of time 86
is consecutive; 87
(c) Families not assigning to the state any rights a 88
family member may have, on behalf of the family member or of any 89
other person for whom the family member has applied for or is 90
receiving such assistance, to support from any other person, as 91
required by law; 92
(d) Families who fail to cooperate in establishing 93
paternity or obtaining child support, as required by law; 94
(e) Any individual who has not attained eighteen (18) 95
years of age, is not married to the head of household, has a minor 96
child at least twelve (12) weeks of age in his or her care, and 97
has not successfully completed a high school education or its 98
equivalent, if such individual does not participate in educational 99
activities directed toward the attainment of a high school diploma 100
or its equivalent, or an alternative educational or training 101
program approved by the department; 102
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 5 (RF\KW)

(f) Any individual who has not attained eighteen (18) 103
years of age, is not married, has a minor child in his or her 104
care, and does not reside in a place or residence maintained by a 105
parent, legal guardian or other adult relative or the individual 106
as such parent's, guardian's or adult relative's own home; 107
(g) Any minor child who has been, or is expected by a 108
parent or other caretaker relative of the child to be, absent from 109
the home for a period of more than thirty (30) days; 110
(h) Any individual who is a parent or other caretaker 111
relative of a minor child who fails to notify the department of 112
the absence of the minor child from the home for the thirty-day 113
period specified in paragraph (g), by the end of the five-day 114
period that begins with the date that it becomes clear to the 115
individual that the minor child will be absent for the thirty-day 116
period; 117
(i) Any individual who fails to comply with the 118
provisions of the Employability Development Plan signed by the 119
individual which prescribe those activities designed to help the 120
individual become and remain employed, or to participate 121
satisfactorily in the assigned work activity, as authorized under 122
subsection (6)(c) and (d), or who does not engage in applicant job 123
search activities within the thirty-day period for TANF 124
application approval after receiving the advice and consultation 125
of eligibility workers and/or caseworkers of the department 126
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 6 (RF\KW)

providing a detailed description of available job search venues in 127
the individual's county of residence or the surrounding counties; 128
(j) A parent or caretaker relative who has not engaged 129
in an allowable work activity once the department determines the 130
parent or caretaker relative is ready to engage in work, or once 131
the parent or caretaker relative has received TANF assistance 132
under the program for twenty-four (24) months, whether or not 133
consecutive, whichever is earlier; 134
(k) Any individual who is fleeing to avoid prosecution, 135
or custody or confinement after conviction, under the laws of the 136
jurisdiction from which the individual flees, for a crime, or an 137
attempt to commit a crime, which is a felony under the laws of the 138
place from which the individual flees, or who is violating a 139
condition of probation or parole imposed under federal or state 140
law; 141
(l) Aliens who are not qualified under federal law; 142
(m) For a period of ten (10) years following 143
conviction, individuals convicted in federal or state court of 144
having made a fraudulent statement or representation with respect 145
to the individual's place of residence in order to receive TANF, 146
food stamps or Supplemental Security Income (SSI) assistance under 147
Title XVI or Title XIX simultaneously from two (2) or more states; 148
(n) Individuals who are recipients of federal 149
Supplemental Security Income (SSI) assistance; and 150
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 7 (RF\KW)

(o) Individuals who are eighteen (18) years of age or 151
older who are not in compliance with the drug testing and 152
substance use disorder treatment requirements of Section 43-17-6. 153
(4) (a) Any person who is otherwise eligible for TANF 154
benefits, including custodial and noncustodial parents, shall be 155
required to attend school and meet the monthly attendance 156
requirement as provided in this subsection if all of the following 157
apply: 158
(i) The person is under age twenty (20); 159
(ii) The person has not graduated from a public or 160
private high school or obtained a High School Equivalency Diploma 161
equivalent; 162
(iii) The person is physically able to attend 163
school and is not excused from attending school; and 164
(iv) If the person is a parent or caretaker 165
relative with whom a dependent child is living, child care is 166
available for the child. 167
The monthly attendance requirement under this subsection 168
shall be attendance at the school in which the person is enrolled 169
for each day during a month that the school conducts classes in 170
which the person is enrolled, with not more than two (2) absences 171
during the month for reasons other than the reasons listed in 172
paragraph (e)(iv) of this subsection. Persons who fail to meet 173
participation requirements in this subsection shall be subject to 174
sanctions as provided in paragraph (f) of this subsection. 175
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 8 (RF\KW)

(b) As used in this subsection, "school" means any one 176
(1) of the following: 177
(i) A school as defined in Section 37-13-91(2); 178
(ii) A vocational, technical and adult education 179
program; or 180
(iii) A course of study meeting the standards 181
established by the State Department of Education for the granting 182
of a declaration of equivalency of high school graduation. 183
(c) If any compulsory-school-age child, as defined in 184
Section 37-13-91(2), to which TANF eligibility requirements apply 185
is not in compliance with the compulsory school attendance 186
requirements of Section 37-13-91(6), the superintendent of schools 187
of the school district in which the child is enrolled or eligible 188
to attend shall notify the county department of human services of 189
the child's noncompliance. The Department of Human Services shall 190
review school attendance information as provided under this 191
paragraph at all initial eligibility determinations and upon 192
subsequent report of unsatisfactory attendance. 193
(d) The signature of a person on an application for 194
TANF benefits constitutes permission for the release of school 195
attendance records for that person or for any child residing with 196
that person. The department shall request information from the 197
child's school district about the child's attendance in the school 198
district's most recently completed semester of attendance. If 199
information about the child's previous school attendance is not 200
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 9 (RF\KW)

available or cannot be verified, the department shall require the 201
child to meet the monthly attendance requirement for one (1) 202
semester or until the information is obtained. The department 203
shall use the attendance information provided by a school district 204
to verify attendance for a child. The department shall review 205
with the parent or caretaker relative a child's claim that he or 206
she has a good cause for not attending school. 207
A school district shall provide information to the department 208
about the attendance of a child who is enrolled in a public school 209
in the district within five (5) working days of the receipt of a 210
written request for that information from the department. The 211
school district shall define how many hours of attendance count as 212
a full day and shall provide that information, upon request, to 213
the department. In reporting attendance, the school district may 214
add partial days' absence together to constitute a full day's 215
absence. 216
If a school district fails to provide to the department the 217
information about the school attendance of any child within 218
fifteen (15) working days after a written request, the department 219
shall notify the Department of Audit within three (3) working days 220
of the school district's failure to comply with that requirement. 221
The Department of Audit shall begin audit proceedings within five 222
(5) working days of notification by the Department of Human 223
Services to determine the school district's compliance with the 224
requirements of this subsection (4). If the Department of Audit 225
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 10 (RF\KW)

finds that the school district is not in compliance with the 226
requirements of this subsection, the school district shall be 227
penalized as follows: The Department of Audit shall notify the 228
State Department of Education of the school district's 229
noncompliance, and the Department of Education shall reduce the 230
calculation of the school district's net enrollment that is used 231
to determine the allocation of total funding formula funds by the 232
number of children for which the district has failed to provide to 233
the Department of Human Services the required information about 234
the school attendance of those children. The reduction in the 235
calculation of the school district's net enrollment under this 236
paragraph shall be effective for a period of one (1) year. 237
(e) A child who is required to attend school to meet 238
the requirements under this subsection shall comply except when 239
there is good cause, which shall be demonstrated by any of the 240
following circumstances: 241
(i) The minor parent is the caretaker of a child 242
less than twelve (12) weeks old; or 243
(ii) The department determines that child care 244
services are necessary for the minor parent to attend school and 245
there is no child care available; or 246
(iii) The child is prohibited by the school 247
district from attending school and an expulsion is pending. This 248
exemption no longer applies once the teenager has been expelled; 249
however, a teenager who has been expelled and is making 250
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 11 (RF\KW)

satisfactory progress towards obtaining a High School Equivalency 251
Diploma equivalent shall be eligible for TANF benefits; or 252
(iv) The child failed to attend school for one or 253
more of the following reasons: 254
1. Illness, injury or incapacity of the child 255
or the minor parent's child; 256
2. Court-required appearances or temporary 257
incarceration; 258
3. Medical or dental appointments for the 259
child or minor parent's child; 260
4. Death of a close relative; 261
5. Observance of a religious holiday; 262
6. Family emergency; 263
7. Breakdown in transportation; 264
8. Suspension; or 265
9. Any other circumstance beyond the control 266
of the child, as defined in regulations of the department. 267
(f) Upon determination that a child has failed without 268
good cause to attend school as required, the department shall 269
provide written notice to the parent or caretaker relative 270
(whoever is the primary recipient of the TANF benefits) that 271
specifies: 272
(i) That the family will be sanctioned in the next 273
possible payment month because the child who is required to attend 274
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 12 (RF\KW)

school has failed to meet the attendance requirement of this 275
subsection; 276
(ii) The beginning date of the sanction, and the 277
child to whom the sanction applies; 278
(iii) The right of the child's parents or 279
caretaker relative (whoever is the primary recipient of the TANF 280
benefits) to request a fair hearing under this subsection. 281
The child's parent or caretaker relative (whoever is the 282
primary recipient of the TANF benefits) may request a fair hearing 283
on the department's determination that the child has not been 284
attending school. If the child's parents or caretaker relative 285
does not request a fair hearing under this subsection, or if, 286
after a fair hearing has been held, the hearing officer finds that 287
the child without good cause has failed to meet the monthly 288
attendance requirement, the department shall discontinue or deny 289
TANF benefits to the child thirteen (13) years old, or older, in 290
the next possible payment month. The department shall discontinue 291
or deny twenty-five percent (25%) of the family grant when a child 292
six (6) through twelve (12) years of age without good cause has 293
failed to meet the monthly attendance requirement. Both the child 294
and family sanction may apply when children in both age groups 295
fail to meet the attendance requirement without good cause. A 296
sanction applied under this subsection shall be effective for one 297
(1) month for each month that the child failed to meet the monthly 298
attendance requirement. In the case of a dropout, the sanction 299
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 13 (RF\KW)

shall remain in force until the parent or caretaker relative 300
provides written proof from the school district that the child has 301
reenrolled and met the monthly attendance requirement for one (1) 302
calendar month. Any month in which school is in session for at 303
least ten (10) days during the month may be used to meet the 304
attendance requirement under this subsection. This includes 305
attendance at summer school. The sanction shall be removed the 306
next possible payment month. 307
(5) All parents or caretaker relatives shall have their 308
dependent children receive vaccinations and booster vaccinations 309
against those diseases specified by the State Health Officer under 310
Section 41-23-37 in accordance with the vaccination and booster 311
vaccination schedule prescribed by the State Health Officer for 312
children of that age, in order for the parents or caretaker 313
relatives to be eligible or remain eligible to receive TANF 314
benefits. Proof of having received such vaccinations and booster 315
vaccinations shall be given by presenting the certificates of 316
vaccination issued by any health care provider licensed to 317
administer vaccinations, and submitted on forms specified by the 318
State Board of Health. If the parents without good cause do not 319
have their dependent children receive the vaccinations and booster 320
vaccinations as required by this subsection and they fail to 321
comply after thirty (30) days' notice, the department shall 322
sanction the family's TANF benefits by twenty-five percent (25%) 323
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 14 (RF\KW)

for the next payment month and each subsequent payment month until 324
the requirements of this subsection are met. 325
(6) (a) If the parent or caretaker relative applying for 326
TANF assistance is work eligible, as determined by the Department 327
of Human Services, the person shall be required to engage in an 328
allowable work activity once the department determines the parent 329
or caretaker relative is determined work eligible, or once the 330
parent or caretaker relative has received TANF assistance under 331
the program for twenty-four (24) months, whether or not 332
consecutive, whichever is earlier. No TANF benefits shall be 333
given to any person to whom this section applies who fails without 334
good cause to comply with the Employability Development Plan 335
prepared by the department for the person, or who has refused to 336
accept a referral or offer of employment, training or education in 337
which he or she is able to engage, subject to the penalties 338
prescribed in paragraph (e) of this subsection. A person shall be 339
deemed to have refused to accept a referral or offer of 340
employment, training or education if he or she: 341
(i) Willfully fails to report for an interview 342
with respect to employment when requested to do so by the 343
department; or 344
(ii) Willfully fails to report to the department 345
the result of a referral to employment; or 346
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 15 (RF\KW)

(iii) Willfully fails to report for allowable work 347
activities as prescribed in paragraphs (c) and (d) of this 348
subsection. 349
(b) The Department of Human Services shall operate a 350
statewide work program for TANF recipients to provide work 351
activities and supportive services to enable families to become 352
self-sufficient and improve their competitive position in the 353
workforce in accordance with the requirements of the federal 354
Personal Responsibility and Work Opportunity Reconciliation Act of 355
1996 (Public Law 104-193), as amended, and the regulations 356
promulgated thereunder, and the Deficit Reduction Act of 2005 357
(Public Law 109-171), as amended. Within sixty (60) days after 358
the initial application for TANF benefits, the TANF recipient must 359
participate in a job search skills training workshop or a job 360
readiness program, which shall include resume writing, job search 361
skills, employability skills and, if available at no charge, the 362
General Aptitude Test Battery or its equivalent. All adults who 363
are not specifically exempt shall be referred by the department 364
for allowable work activities. An adult may be exempt from the 365
mandatory work activity requirement for the following reasons: 366
(i) Incapacity; 367
(ii) Temporary illness or injury, verified by 368
physician's certificate; 369
(iii) Is in the third trimester of pregnancy, and 370
there are complications verified by the certificate of a 371
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 16 (RF\KW)

physician, nurse practitioner, physician assistant, or any other 372
licensed health care professional practicing under a protocol with 373
a licensed physician; 374
(iv) Caretaker of a child under twelve (12) 375
months, for not more than twelve (12) months of the sixty-month 376
maximum benefit period; 377
(v) Caretaker of an ill or incapacitated person, 378
as verified by physician's certificate; 379
(vi) Age, if over sixty (60) or under eighteen 380
(18) years of age; 381
(vii) Receiving treatment for substance abuse, if 382
the person is in compliance with the substance abuse treatment 383
plan; 384
(viii) In a two-parent family, the caretaker of a 385
severely disabled child, as verified by a physician's certificate; 386
or 387
(ix) History of having been a victim of domestic 388
violence, which has been reported as required by state law and is 389
substantiated by police reports or court records, and being at 390
risk of further domestic violence, shall be exempt for a period as 391
deemed necessary by the department but not to exceed a total of 392
twelve (12) months, which need not be consecutive, in the 393
sixty-month maximum benefit period. For the purposes of this 394
subparagraph (ix), "domestic violence" means that an individual 395
has been subjected to: 396
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 17 (RF\KW)

1. Physical acts that resulted in, or 397
threatened to result in, physical injury to the individual; 398
2. Sexual abuse; 399
3. Sexual activity involving a dependent 400
child; 401
4. Being forced as the caretaker relative of 402
a dependent child to engage in nonconsensual sexual acts or 403
activities; 404
5. Threats of, or attempts at, physical or 405
sexual abuse; 406
6. Mental abuse; or 407
7. Neglect or deprivation of medical care. 408
(c) For all families, all adults who are not 409
specifically exempt shall be required to participate in work 410
activities for at least the minimum average number of hours per 411
week specified by federal law or regulation, not fewer than twenty 412
(20) hours per week (thirty-five (35) hours per week for 413
two-parent families) of which are attributable to the following 414
allowable work activities: 415
(i) Unsubsidized employment; 416
(ii) Subsidized private employment; 417
(iii) Subsidized public employment; 418
(iv) Work experience (including work associated 419
with the refurbishing of publicly assisted housing), if sufficient 420
private employment is not available; 421
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 18 (RF\KW)

(v) On-the-job training; 422
(vi) Job search and job readiness assistance 423
consistent with federal TANF regulations; 424
(vii) Community service programs; 425
(viii) Vocational educational training (not to 426
exceed twelve (12) months with respect to any individual); 427
(ix) The provision of child care services to an 428
individual who is participating in a community service program; 429
(x) Satisfactory attendance at high school or in a 430
course of study leading to a high school equivalency certificate, 431
for heads of household under age twenty (20) who have not 432
completed high school or received such certificate; 433
(xi) Education directly related to employment, for 434
heads of household under age twenty (20) who have not completed 435
high school or received such equivalency certificate. 436
(d) The following are allowable work activities which 437
may be attributable to hours in excess of the minimum specified in 438
paragraph (c) of this subsection: 439
(i) Job skills training directly related to 440
employment; 441
(ii) Education directly related to employment for 442
individuals who have not completed high school or received a high 443
school equivalency certificate; 444
(iii) Satisfactory attendance at high school or in 445
a course of study leading to a high school equivalency, for 446
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 19 (RF\KW)

individuals who have not completed high school or received such 447
equivalency certificate; 448
(iv) Job search and job readiness assistance 449
consistent with federal TANF regulations. 450
(e) If any adult or caretaker relative refuses to 451
participate in allowable work activity as required under this 452
subsection (6), the following full family TANF benefit penalty 453
will apply, subject to due process to include notification, 454
conciliation and a hearing if requested by the recipient: 455
(i) For the first violation, the department shall 456
terminate the TANF assistance otherwise payable to the family for 457
a two-month period or until the person has complied with the 458
required work activity, whichever is longer; 459
(ii) For the second violation, the department 460
shall terminate the TANF assistance otherwise payable to the 461
family for a six-month period or until the person has complied 462
with the required work activity, whichever is longer; 463
(iii) For the third violation, the department 464
shall terminate the TANF assistance otherwise payable to the 465
family for a twelve-month period or until the person has complied 466
with the required work activity, whichever is longer; 467
(iv) For the fourth violation, the person shall be 468
permanently disqualified. 469
For a two-parent family, unless prohibited by state or 470
federal law, Medicaid assistance shall be terminated only for the 471
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 20 (RF\KW)

person whose failure to participate in allowable work activity 472
caused the family's TANF assistance to be sanctioned under this 473
paragraph (e), unless an individual is pregnant, but shall not be 474
terminated for any other person in the family who is meeting that 475
person's applicable work requirement or who is not required to 476
work. Minor children shall continue to be eligible for Medicaid 477
benefits regardless of the disqualification of their parent or 478
caretaker relative for TANF assistance under this subsection (6), 479
unless prohibited by state or federal law. 480
(f) Any person enrolled in a two-year or four-year 481
college program who meets the eligibility requirements to receive 482
TANF benefits, and who is meeting the applicable work requirements 483
and all other applicable requirements of the TANF program, shall 484
continue to be eligible for TANF benefits while enrolled in the 485
college program for as long as the person meets the requirements 486
of the TANF program, unless prohibited by federal law. 487
(g) No adult in a work activity required under this 488
subsection (6) shall be employed or assigned (i) when any other 489
individual is on layoff from the same or any substantially 490
equivalent job within six (6) months before the date of the TANF 491
recipient's employment or assignment; or (ii) if the employer has 492
terminated the employment of any regular employee or otherwise 493
caused an involuntary reduction of its workforce in order to fill 494
the vacancy so created with an adult receiving TANF assistance. 495
The Mississippi Department of Employment Security, established 496
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 21 (RF\KW)

under Section 71-5-101, shall appoint one or more impartial 497
hearing officers to hear and decide claims by employees of 498
violations of this paragraph (g). The hearing officer shall hear 499
all the evidence with respect to any claim made hereunder and such 500
additional evidence as he may require and shall make a 501
determination and the reason therefor. The claimant shall be 502
promptly notified of the decision of the hearing officer and the 503
reason therefor. Within ten (10) days after the decision of the 504
hearing officer has become final, any party aggrieved thereby may 505
secure judicial review thereof by commencing an action, in the 506
circuit court of the county in which the claimant resides, against 507
the department for the review of such decision, in which action 508
any other party to the proceeding before the hearing officer shall 509
be made a defendant. Any such appeal shall be on the record which 510
shall be certified to the court by the department in the manner 511
provided in Section 71-5-531, and the jurisdiction of the court 512
shall be confined to questions of law which shall render its 513
decision as provided in that section. 514
(7) The Department of Human Services may provide child care 515
for eligible participants who require such care so that they may 516
accept employment or remain employed. The department may also 517
provide child care for those participating in the TANF program 518
when it is determined that they are satisfactorily involved in 519
education, training or other allowable work activities. The 520
department may contract with Head Start agencies to provide child 521
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 22 (RF\KW)

care services to TANF recipients. The department may also arrange 522
for child care by use of contract or vouchers, provide vouchers in 523
advance to a caretaker relative, reimburse a child care provider, 524
or use any other arrangement deemed appropriate by the department, 525
and may establish different reimbursement rates for child care 526
services depending on the category of the facility or home. Any 527
center-based or group home child care facility under this 528
subsection shall be licensed by the State Department of Health 529
pursuant to law. When child care is being provided in the child's 530
own home, in the home of a relative of the child, or in any other 531
unlicensed setting, the provision of such child care may be 532
monitored on a random basis by the Department of Human Services or 533
the State Department of Health. Transitional child care 534
assistance may be continued if it is necessary for parents to 535
maintain employment once support has ended, unless prohibited 536
under state or federal law. Transitional child care assistance 537
may be provided for up to twenty-four (24) months after the last 538
month during which the family was eligible for TANF assistance, if 539
federal funds are available for such child care assistance. 540
(8) The Department of Human Services may provide 541
transportation or provide reasonable reimbursement for 542
transportation expenses that are necessary for individuals to be 543
able to participate in allowable work activity under the TANF 544
program. 545
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 23 (RF\KW)

(9) Medicaid assistance shall be provided to a family of 546
TANF program participants for up to twenty-four (24) consecutive 547
calendar months following the month in which the participating 548
family would be ineligible for TANF benefits because of increased 549
income, expiration of earned income disregards, or increased hours 550
of employment of the caretaker relative; however, Medicaid 551
assistance for more than twelve (12) months may be provided only 552
if a federal waiver is obtained to provide such assistance for 553
more than twelve (12) months and federal and state funds are 554
available to provide such assistance. 555
(10) The department shall require applicants for and 556
recipients of public assistance from the department to sign a 557
personal responsibility contract that will require the applicant 558
or recipient to acknowledge his or her responsibilities to the 559
state. 560
(11) The department shall enter into an agreement with the 561
State Personnel Board and other state agencies that will allow 562
those TANF participants who qualify for vacant jobs within state 563
agencies to be placed in state jobs. State agencies participating 564
in the TANF work program shall receive any and all benefits 565
received by employers in the private sector for hiring TANF 566
recipients. This subsection (11) shall be effective only if the 567
state obtains any necessary federal waiver or approval and if 568
federal funds are available therefor. Not later than September 1, 569
2021, the department shall prepare a report, which shall be 570
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 24 (RF\KW)

provided to the Chairmen of the House and Senate Public Health 571
Committees and to any other member of the Legislature upon 572
request, on the history, status, outcomes and effectiveness of the 573
agreements required under this subsection. 574
(12) Any unspent TANF funds remaining from the prior fiscal 575
year may be expended for any TANF allowable activities. A portion 576
of the unspent TANF funds remaining from the prior fiscal year 577
shall be reallocated, transferred and/or expended as provided in 578
Section 1 of this act. 579
(13) The Mississippi Department of Human Services shall 580
provide TANF applicants information and referral to programs that 581
provide information about birth control, prenatal health care, 582
abstinence education, marriage education, family preservation and 583
fatherhood. Not later than September 1, 2021, the department 584
shall prepare a report, which shall be provided to the Chairmen of 585
the House and Senate Public Health Committees and to any other 586
member of the Legislature upon request, on the history, status, 587
outcomes and effectiveness of the information and referral 588
requirements under this subsection. 589
(14) No new TANF program requirement or restriction 590
affecting a person's eligibility for TANF assistance, or allowable 591
work activity, which is not mandated by federal law or regulation 592
may be implemented by the Department of Human Services after July 593
1, 2004, unless such is specifically authorized by an amendment to 594
this section by the Legislature. 595
H. B. No. 1450 *HR26/R2248* ~ OFFICIAL ~
26/HR26/R2248
PAGE 25 (RF\KW)
ST: MS Affordable Child Care Act; create to
provide that certain TANF funds shall be used
for the Child Care Payment Program.
SECTION 3. This act shall take effect and be in force from 596
and after July 1, 2026. 597