Mississippi Department of Human Services; extend repealers on.

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

By: Representative Shanks

HOUSE BILL NO. 1772

AN ACT TO AMEND SECTIONS 43-1-1, 43-1-2, 43-1-3, 43-1-5 AND 1
43-27-20, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE 2
REPEALERS ON THOSE STATUTES CREATING AND RELATING TO THE 3
ADMINISTRATION OF THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES; 4
AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 43-1-1, Mississippi Code of 1972, is 7
amended as follows: 8
43-1-1. (1) The Mississippi Department of Human Services 9
shall be the State Department of Public Welfare and shall retain 10
all powers and duties as granted to the State Department of Public 11
Welfare. Wherever the term "State Department of Public Welfare" 12
or "State Board of Public Welfare" appears in any law, the same 13
shall mean the Mississippi Department of Human Services. The 14
Executive Director of Human Services may assign to the appropriate 15
offices such powers and duties deemed appropriate to carry out the 16
lawful functions of the department. 17
(2) This section shall stand repealed on July 1, * * * 2029. 18
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SECTION 2. Section 43-1-2, Mississippi Code of 1972, is 19
amended as follows: 20
43-1-2. (1) There is created the Mississippi Department of 21
Human Services, whose offices shall be located in Jackson, 22
Mississippi, and which shall be under the policy direction of the 23
Governor. 24
(2) The chief administrative officer of the department shall 25
be the Executive Director of Human Services. The Governor shall 26
appoint the Executive Director of Human Services with the advice 27
and consent of the Senate, and he shall serve at the will and 28
pleasure of the Governor, and until his successor is appointed and 29
qualified. The Executive Director of Human Services shall possess 30
the following qualifications: 31
(a) A bachelor's degree from an accredited institution 32
of higher learning and ten (10) years' experience in management, 33
public administration, finance or accounting; or 34
(b) A master's or doctoral degree from an accredited 35
institution of higher learning and five (5) years' experience in 36
management, public administration, finance or accounting. 37
Those qualifications shall be certified by the State 38
Personnel Board. 39
(3) There shall be a Joint Oversight Committee of the 40
Department of Human Services composed of the respective Chairmen 41
of the Senate Public Health and Welfare Committee, the Senate 42
Appropriations Committee, the House Public Health and Human 43
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Services Committee and the House Appropriations Committee, three 44
(3) members of the Senate appointed by the Lieutenant Governor to 45
serve at the will and pleasure of the Lieutenant Governor, and 46
three (3) members of the House of Representatives appointed by the 47
Speaker of the House to serve at the will and pleasure of the 48
Speaker. The chairmanship of the committee shall alternate for 49
twelve-month periods between the Senate members and the House 50
members, on May 1 of each year, with the Chairman of the Senate 51
Public Health and Welfare Committee serving as chairman beginning 52
in even-numbered years, and the Chairman of the House Public 53
Health and Human Services Committee serving as chairman beginning 54
in odd-numbered years. The committee shall meet once each 55
quarter, or upon the call of the chairman at such times as he 56
deems necessary or advisable, and may make recommendations to the 57
Legislature pertaining to any matter within the jurisdiction of 58
the Mississippi Department of Human Services. The appointing 59
authorities may designate an alternate member from their 60
respective houses to serve when the regular designee is unable to 61
attend such meetings of the oversight committee. For attending 62
meetings of the oversight committee, such legislators shall 63
receive per diem and expenses which shall be paid from the 64
contingent expense funds of their respective houses in the same 65
amounts as provided for committee meetings when the Legislature is 66
not in session; however, no per diem and expenses for attending 67
meetings of the committee will be paid while the Legislature is in 68
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session. No per diem and expenses will be paid except for 69
attending meetings of the oversight committee without prior 70
approval of the proper committee in their respective houses. 71
(4) The Department of Human Services shall provide the 72
services authorized by law to every individual determined to be 73
eligible therefor, and in carrying out the purposes of the 74
department, the executive director is authorized: 75
(a) To formulate the policy of the department regarding 76
human services within the jurisdiction of the department; 77
(b) To adopt, modify, repeal and promulgate, after due 78
notice and hearing, and where not otherwise prohibited by federal 79
or state law, to make exceptions to and grant exemptions and 80
variances from, and to enforce rules and regulations implementing 81
or effectuating the powers and duties of the department under any 82
and all statutes within the department's jurisdiction, all of 83
which shall be binding upon the county departments of human 84
services; 85
(c) To apply for, receive and expend any federal or 86
state funds or contributions, gifts, devises, bequests or funds 87
from any other source; 88
(d) Except as limited by Section 43-1-3, to enter into 89
and execute contracts, grants and cooperative agreements with any 90
federal or state agency or subdivision thereof, or any public or 91
private institution located inside or outside the State of 92
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Mississippi, or any person, corporation or association in 93
connection with carrying out the programs of the department; and 94
(e) To discharge such other duties, responsibilities 95
and powers as are necessary to implement the programs of the 96
department. 97
(5) The executive director shall establish the 98
organizational structure of the Mississippi Department of Human 99
Services which shall include the creation of any units necessary 100
to implement the duties assigned to the department and consistent 101
with specific requirements of law, including, but not limited to: 102
(a) Division of Youth Services; 103
(b) Office of Economic Programs; 104
(c) Office of Child Support Enforcement; or 105
(d) Office of Field Operations to administer any state 106
or county level programs under the purview of the Mississippi 107
Department of Human Services, with the exception of programs that 108
fall under paragraph (a) of this subsection. 109
(6) The Executive Director of Human Services shall appoint 110
heads of offices, bureaus and divisions, as defined in Section 111
7-17-11, who shall serve at the pleasure of the executive 112
director. The salary and compensation of such office, bureau and 113
division heads shall be subject to the rules and regulations 114
adopted and promulgated by the State Personnel Board as created 115
under Section 25-9-101 et seq. The executive director shall have 116
the authority to organize offices as deemed appropriate to carry 117
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out the responsibilities of the department. The organization 118
charts of the department shall be presented annually with the 119
budget request of the Governor for review by the Legislature. 120
(7) This section shall stand repealed on July 1, * * * 2029. 121
SECTION 3. Section 43-1-3, Mississippi Code of 1972, is 122
amended as follows: 123
43-1-3. Notwithstanding the authority granted under 124
subsection (4)(d) of Section 43-1-2, the Department of Human 125
Services or the Executive Director of Human Services shall not be 126
authorized to delegate, privatize or otherwise enter into a 127
contract with a private entity for the operation of any office, 128
bureau or division of the department, as defined in Section 129
7-17-11, without specific authority to do so by general act of the 130
Legislature. However, nothing in this section shall be construed 131
to invalidate: (a) any contract of the department that is in 132
place and operational before January 1, 1994; or (b) the continued 133
renewal of any such contract with the same entity upon the 134
expiration of the contract; or (c) the execution of a contract 135
with another legal entity as a replacement of any such contract 136
that is expiring, provided that the replacement contract is 137
substantially the same as the expiring contract. Nothing in this 138
section shall prohibit the Department of Human Services or the 139
Executive Director of Human Services from entering into any 140
contract with vendors or contractors intended to improve 141
performance, reduce costs or increase efficiency, so long as the 142
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contract remains under the supervision or control of an office, 143
bureau or division of the department, and provided that no county 144
office of the department may be closed unless the Legislature 145
specifically authorizes its closure in advance of the closure. 146
This section shall stand repealed on July 1, * * * 2029. 147
SECTION 4. Section 43-1-5, Mississippi Code of 1972, is 148
amended as follows: 149
43-1-5. It shall be the duty of the Department of Human 150
Services to: 151
(1) Establish and maintain programs not inconsistent with 152
the terms of this chapter and the rules, regulations and policies 153
of the Department of Human Services, and publish the rules and 154
regulations of the department pertaining to such programs. 155
(2) Make such reports in such form and containing such 156
information as the federal government may, from time to time, 157
require, and comply with such provisions as the federal government 158
may, from time to time, find necessary to assure the correctness 159
and verification of such reports. 160
(3) Within ninety (90) days after the end of each fiscal 161
year, and at each regular session of the Legislature, make and 162
publish one (1) report to the Governor and to the Legislature, 163
showing for the period of time covered, in each county and for the 164
state as a whole: 165
(a) The total number of recipients; 166
(b) The total amount paid to them in cash; 167
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(c) The maximum and the minimum amount paid to any 168
recipients in any one (1) month; 169
(d) The total number of applications; 170
(e) The number granted; 171
(f) The number denied; 172
(g) The number cancelled; 173
(h) The amount expended for administration of the 174
provisions of this chapter; 175
(i) The amount of money received from the federal 176
government, if any; 177
(j) The amount of money received from recipients of 178
assistance and from their estates and the disposition of same; 179
(k) Such other information and recommendations as the 180
Governor may require or the department shall deem advisable; 181
(l) The number of state-owned automobiles purchased and 182
operated during the year by the department, the number purchased 183
and operated out of funds appropriated by the Legislature, the 184
number purchased and operated out of any other public funds, the 185
miles traveled per automobile, the total miles traveled, the 186
average cost per mile and depreciation estimate on each 187
automobile; 188
(m) The cost per mile and total number of miles 189
traveled by department employees in privately owned automobiles, 190
for which reimbursement is made out of state funds; 191
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(n) Each association, convention or meeting attended by 192
any department employees, the purposes thereof, the names of the 193
employees attending and the total cost to the state of such 194
convention, association or meeting; 195
(o) How the money appropriated to the institutions 196
under the jurisdiction of the department has been expended during 197
the preceding year, beginning and ending with the fiscal year of 198
each institution, exhibiting the salaries paid to officers and 199
employees of the institutions, and each and every item of receipt 200
and expenditure; and 201
(p) The activities of each office within the Department 202
of Human Services and recommendations for improvement of the 203
services to be performed by each division. 204
Each report shall be balanced and shall begin with the 205
balance at the end of the preceding fiscal year, and if any 206
property belonging to the state or the institution is used for 207
profit, such report shall show the expenses incurred in managing 208
the property and the amount received from the same. Such reports 209
shall also show a summary of the gross receipts and gross 210
disbursements for each fiscal year and shall show the money on 211
hand at the beginning of the fiscal period of each division and 212
institution of the department. 213
This section shall stand repealed on July 1, * * * 2029. 214
SECTION 5. Section 43-27-20, Mississippi Code of 1972, is 215
amended as follows: 216
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43-27-20. (a) Within the Division of Youth Services there 217
shall be an Office of Community Services, which shall be headed by 218
a director appointed by and responsible to the Director of the 219
Division of Youth Services. Each director shall hold a master's 220
degree in social work or a related field and shall have no less 221
than three (3) years' experience in social services, or in lieu of 222
such degree and experience, the director shall have a minimum of 223
eight (8) years' experience in social work or a related field. 224
Each director shall employ and assign the community workers to 225
serve in the various areas in the state and any other supporting 226
personnel necessary to carry out the duties of the Office of 227
Community Services. 228
(b) The Director of the Office of Community Services shall 229
assign probation and aftercare workers to the youth court or 230
family court judges of the various court districts upon the 231
request of the individual judge on the basis of caseload and need, 232
when funds are available. The Director of the Office of Community 233
Services is authorized to assign a youth services counselor to 234
various court districts upon the approval of the appropriate judge 235
and the Director of the Division of Youth Services. 236
(c) Any counties or cities which, on July 1, 1973, have 237
court counselors or similar personnel may continue using this 238
personnel or may choose to come within the statewide framework. 239
(d) A probation and aftercare worker may be transferred by 240
the division from one (1) court to another after consultation with 241
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the judge or judges in the court to which the employee is 242
currently assigned. 243
(e) The Office of Community Services shall have such duties 244
as the Division of Youth Services shall assign to it which shall 245
include, but not be limited to, the following: 246
(i) Preparing the social, educational and home-life 247
history and other diagnostic reports on the child for the benefit 248
of the court or the training school; however, this provision shall 249
not abridge the power of the court to require similar services 250
from other agencies, according to law. 251
(ii) Serving in counseling capacities with the youth or 252
family courts. 253
(iii) Serving as probation agents for the youth or 254
family courts. 255
(iv) Serving, advising and counseling of children under 256
the control of the Division of Youth Services as may be necessary 257
to the placement of the children in their proper environment upon 258
release and the placement of children in suitable jobs where 259
necessary and proper. 260
(v) Supervising and guiding of children released or 261
conditionally released from institutions under the control of the 262
Division of Youth Services. 263
(vi) Coordinating the activities of supporting 264
community agencies which aid in the social adjustment of children 265
released from the institution and in an aftercare program. 266
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ST: Mississippi Department of Human Servies;
extend repealers on.
(vii) Providing linkage and/or referral for services 267
leading to the rehabilitation of delinquents, either within the 268
division or through cooperative arrangements with other 269
appropriate agencies. 270
(viii) Providing counseling and supervision for any 271
child under ten (10) years of age who has been brought to the 272
attention of the court when other suitable personnel is not 273
available and upon request of the court concerned. 274
(ix) Supervising the completion of aftercare programs 275
and/or making revocation investigations at the request of the 276
court. 277
(x) Implementing a Standardized Risk Assessment Tool 278
for use in the community. 279
(xi) Developing and implementing a graduated sanctions 280
policy for use within the community. 281
(e) This section shall stand repealed on July 1, * * * 2029. 282
SECTION 6. This act shall take effect and be in force from 283
and after July 1, 2026. 284