Child Protection Services; provide power to contract with private child placement agencies to assist with adoptions.

H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~ G1/2
26/HR43/R1384
PAGE 1 (OM\KP)

To: Youth and Family
Affairs; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Waldo, Anthony

HOUSE BILL NO. 1726

AN ACT TO AMEND SECTION 43-26-1, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF CHILD PROTECTION 2
SERVICES SHALL HAVE THE POWER TO ENTER INTO CONTRACTS WITH 3
LICENSED PRIVATE CHILD PLACEMENT AGENCIES TO ASSIST THE DEPARTMENT 4
WITH ADOPTION SERVICES; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 43-26-1, Mississippi Code of 1972, is 7
amended as follows: 8
43-26-1. (1) There is created a Mississippi Department of 9
Child Protection Services. 10
(2) The Chief Administrative Officer of the Department of 11
Child Protection Services shall be the Commissioner of Child 12
Protection Services who shall be appointed by the Governor with 13
the advice and consent of the Senate. The commissioner shall 14
possess the following qualifications: 15
(a) A bachelor's degree from an accredited institution 16
of higher learning and ten (10) years' experience in management, 17
public administration, finance or accounting; or 18
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 2 (OM\KP)

(b) A master's or doctoral degree from an accredited 19
institution of higher learning and five (5) years' experience in 20
management, public administration, finance, law or accounting. 21
(3) The Department of Child Protection Services shall 22
provide the services authorized by law to every individual 23
determined to be eligible therefor, and in carrying out the 24
purposes of the department, the commissioner is authorized: 25
(a) To formulate the policy of the department regarding 26
child welfare services within the jurisdiction of the department; 27
(b) To adopt, modify, repeal and promulgate, after due 28
notice and hearing, and where not otherwise prohibited by federal 29
or state law, to make exceptions to and grant exemptions and 30
variances from, and to enforce rules and regulations implementing 31
or effectuating the powers and duties of the department under any 32
and all statutes within the department's jurisdiction; 33
(c) To apply for, receive and expend any federal or 34
state funds or contributions, gifts, devises, bequests or funds 35
from any other source; 36
(d) To enter into and execute contracts, grants and 37
cooperative agreements with any federal or state agency or 38
subdivision thereof, or any public or private institution located 39
inside or outside the State of Mississippi, or any person, 40
corporation or association in connection with carrying out the 41
programs of the department; * * * 42
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 3 (OM\KP)

(f) To contract with private child placement agencies, 43
which are licensed by the department, to assist in adoption 44
services; and 45
(e) To discharge such other duties, responsibilities, 46
and powers as are necessary to implement the programs of the 47
department. 48
(4) The commissioner shall establish the organizational 49
structure of the Department of Child Protection Services, which 50
shall include the creation of any units necessary to implement the 51
duties assigned to the department and consistent with specific 52
requirements of law. 53
(5) The commissioner shall appoint heads of offices, 54
bureaus, and divisions, as defined in Section 7-17-11, who shall 55
serve at the pleasure of the commissioner. The salary and 56
compensation of such office, bureau and division heads shall be 57
subject to the rules and regulations adopted and promulgated by 58
the State Personnel Board. The commissioner shall have the 59
authority to organize offices as deemed appropriate to carry out 60
the responsibilities of the department. 61
(6) The Department of Child Protection Services shall be 62
responsible for the development, execution, and provision of 63
services in the following areas: 64
(a) Protective services for children; 65
(b) Foster care; 66
(c) Adoption services; 67
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 4 (OM\KP)

(d) Special services; 68
(e) Interstate compact; 69
(f) Licensure; 70
(g) Prevention services; and 71
(h) Such other services as may be designated. Services 72
enumerated under Section 43-15-13 et seq., for the foster care 73
program shall be provided by qualified staff with appropriate case 74
loads. 75
(7) The Department of Child Protection Services shall have 76
the following powers and duties: 77
(a) To provide basic services and assistance statewide 78
to needy and disadvantaged individuals and families; 79
(b) To promote integration of the many services and 80
programs within its jurisdiction at the client level thus 81
improving the efficiency and effectiveness of service delivery and 82
providing easier access to clients; 83
(c) To employ personnel and expend funds appropriated 84
to the department to carry out the duties and responsibilities 85
assigned to the department by law; 86
(d) To fingerprint and conduct a background 87
investigation on every employee, contractor, subcontractor and 88
volunteer: 89
(i) Who has direct access to clients of the 90
department who are children or vulnerable adults; 91
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 5 (OM\KP)

(ii) Who is in a position of fiduciary 92
responsibility; 93
(iii) Who is in a position with access to Federal 94
Tax Information (FTI); or 95
(iv) Who is otherwise required by federal law or 96
regulations to undergo a background investigation. 97
Every such employee, contractor, subcontractor and volunteer 98
shall provide a valid current social security number and/or 99
driver's license number, which shall be furnished to conduct the 100
background investigation for determination as to good moral 101
character and to ensure that no person placed in any position 102
referenced in this paragraph (d) has a felony conviction that 103
would prevent employment or access to Federal Tax Information 104
according to department policy. If no disqualifying record is 105
identified at the state level, the fingerprints shall be forwarded 106
to the Federal Bureau of Investigation for a fingerprint-based 107
national criminal history record check. The department shall be 108
the recipient of the results of any background investigation 109
and/or criminal history record check performed in accordance with 110
this paragraph; 111
(e) To establish and maintain programs not inconsistent 112
with the terms of this chapter and the rules, regulations and 113
policies of the Department of Child Protection Services, and 114
publish the rules and regulations of the department pertaining to 115
such programs; 116
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 6 (OM\KP)

(f) To provide all other child welfare programs and 117
services previously provided by the Department of Human Services 118
or a division thereof; and 119
(g) Make such reports in such form and containing such 120
information as the federal government may, from time to time, 121
require, and comply with such provisions as the federal government 122
may, from time to time, find necessary to assure the correctness 123
and verification of such reports. 124
(8) The Mississippi Department of Child Protection Services 125
shall submit a copy of the federal Annual Progress and Services 126
Report (APSR) to the Chair of the Senate Public Health and Welfare 127
Committee, the Chair of the Senate Appropriations Committee, the 128
Chair of the House Public Health and Human Services Committee, the 129
Chair of the House Appropriations Committee, the Lieutenant 130
Governor, the Speaker of the House of Representatives, and the 131
Governor by December 1 of each year. 132
(9) (a) The Commissioner of Child Protection Services shall 133
hire a Coordinator of Services for Victims of Human Trafficking 134
and Commercial Sexual Exploitation within the Department of Child 135
Protection Services whose duties shall include, but not be limited 136
to, the following: 137
(i) To form specialized human trafficking and 138
commercial sexual exploitation assessment teams to respond on an 139
as-needed basis to act as an emergency, separate and specialized 140
response and assessment team to rapidly respond to the needs of 141
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 7 (OM\KP)

children who are victims of human trafficking and commercial 142
sexual exploitation; 143
(ii) To identify victims of human trafficking and 144
commercial sexual exploitation; 145
(iii) To monitor, record and distribute federal 146
human trafficking funds received by the Department of Child 147
Protection Services; 148
(iv) To employ staff to investigate allegations of 149
human trafficking and commercial sexual exploitation; and 150
(v) To develop and coordinate services within the 151
Department of Child Protection Services and with outside service 152
providers for victims of human trafficking and commercial sexual 153
exploitation. 154
(b) The Commissioner of Child Protection Services shall 155
develop standard operating procedures for the investigation, 156
custody and services provided to alleged victims of human 157
trafficking and commercial sexual exploitation. 158
(c) The Commissioner shall require two (2) hours of 159
training regarding the subject of identifying, assessing, and 160
providing comprehensive services to a child who has experienced or 161
is alleged to have experienced commercial sexual exploitation or 162
human trafficking. The training must be incorporated into the 163
pre-service training requirements of all Mississippi Department of 164
Child Protection Services family specialists, adoption 165
specialists, licensure specialists, direct supervisors of family 166
H. B. No. 1726 *HR43/R1384* ~ OFFICIAL ~
26/HR43/R1384
PAGE 8 (OM\KP)
ST: Child Protection Services; provide power to
contract with private child placement agencies
to assist with adoptions.
protection specialists, direct supervisors of adoption 167
specialists, and direct supervisors of licensure specialists. 168
(10) This section shall stand repealed on July 1, 2028. 169
SECTION 2. This act shall take effect and be in force from 170
and after July 1, 2026. 171