Adoption licensure board; bring forward code sections related to creation thereof.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2351

AN ACT TO BRING FORWARD SECTIONS 43-15-103, 43-15-105, 1
43-15-107, 43-15-109, 43-15-111, 43-15-113, 43-15-115, 43-15-117, 2
43-15-119, 43-15-123 AND 43-15-125, MISSISSIPPI CODE OF 1972, 3
WHICH ARE THE PROVISIONS OF LAW THAT GOVERN THE LICENSING OF 4
FAMILY FOSTER HOMES, CHILD-CARING AGENCIES AND CHILD-PLACING 5
AGENCIES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 6
SECTION 49-7-27, MISSISSIPPI CODE OF 1972, WHICH IS THE PROVISION 7
OF LAW THAT AUTHORIZES THE COMMISSION ON WILDLIFE, FISHERIES AND 8
PARKS TO REVOKE LICENSES, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 9
TO BRING FORWARD SECTIONS 93-11-155, 93-11-157 AND 93-11-163, 10
MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS OF LAW THAT 11
PROVIDE FOR THE SUSPENSION OF STATE-ISSUED LICENSES, PERMITS OR 12
REGISTRATIONS FOR NONCOMPLIANCE WITH CHILD SUPPORT ORDER, FOR THE 13
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 43-15-103, Mississippi Code of 1972, is 16
brought forward as follows: 17
43-15-103. As used in this article: 18
(a) "Agency" means a residential child-caring agency or 19
a child-placing agency. 20
(b) "Child" or "children" mean(s) any unmarried person 21
or persons under the age of eighteen (18) years. 22
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(c) "Child placing" means receiving, accepting or 23
providing custody or care for any child under eighteen (18) years 24
of age, temporarily or permanently, for the purpose of: 25
(i) Finding a person to adopt the child; 26
(ii) Placing the child temporarily or permanently 27
in a home for adoption; or 28
(iii) Placing a child in a foster home or 29
residential child-caring agency. 30
(d) "Child-placing agency" means any entity or person 31
which places children in foster boarding homes or foster homes for 32
temporary care or for adoption or any other entity or person or 33
group of persons who are engaged in providing adoption studies or 34
foster care studies or placement services as defined by the rules 35
of the department. 36
(e) "Department" means the Mississippi Department of 37
Child Protection Services. 38
(f) "Family boarding home" or "foster home" means a 39
home (occupied residence) operated by any entity or person which 40
provides residential child care to at least one (1) child but not 41
more than six (6) children who are not related to the primary 42
caregivers. 43
(g) "Group care home" means any place or facility 44
operated by any entity or person which provides residential child 45
care for at least seven (7) children but not more than twelve (12) 46
children who are not related to the primary caregivers. 47
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(h) "Licensee" means any person, agency or entity 48
licensed under this article. 49
(i) "Maternity home" means any place or facility 50
operated by any entity or person which receives, treats or cares 51
for more than one (1) child or adult who is pregnant out of 52
wedlock, either before, during or within two (2) weeks after 53
childbirth; provided, that the licensed child-placing agencies and 54
licensed maternity homes may use a family boarding home approved 55
and supervised by the agency or home, as a part of their work, for 56
as many as three (3) children or adults who are pregnant out of 57
wedlock, and provided further, that the provisions of this 58
definition shall not include children or women who receive 59
maternity care in the home of a person to whom they are kin within 60
the sixth degree of kindred computed according to civil law, nor 61
does it apply to any maternity care provided by general or special 62
hospitals licensed according to law and in which maternity 63
treatment and care are part of the medical services performed and 64
the care of children is brief and incidental. 65
(j) "Person associated with a licensee" means an owner, 66
director, member of the governing body, employee, provider of care 67
and volunteer of a human services licensee. 68
(k) "Related" means children, step-children, 69
grandchildren, step-grandchildren, siblings of the whole or 70
half-blood, step-siblings, nieces or nephews of the primary care 71
provider. 72
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(l) "Residential child care" means the provision of 73
supervision, and/or protection, and meeting the basic needs of a 74
child for twenty-four (24) hours per day, which may include 75
services to children in a residential setting where care, lodging, 76
maintenance and counseling or therapy for alcohol or controlled 77
substance abuse or for any other emotional disorder or mental 78
illness is provided for children, whether for compensation or not. 79
(m) "Residential child-caring agency" means any place 80
or facility operated by any entity or person, public or private, 81
providing residential child care, regardless of whether operated 82
for profit or whether a fee is charged. Such residential 83
child-caring agencies include, but are not limited to, maternity 84
homes, runaway shelters, group homes that are administered by an 85
agency, and emergency shelters that are not in private residence. 86
SECTION 2. Section 43-15-105, Mississippi Code of 1972, is 87
brought forward as follows: 88
43-15-105. (1) The Department of Child Protection Services 89
shall be the licensing authority under this article, and is vested 90
with all the powers, duties and responsibilities described in this 91
article. The department shall make and establish rules and 92
regulations regarding: 93
(a) Approving, extending, denying, suspending and 94
revoking licenses for foster homes, residential child-caring 95
agencies and child-placing agencies; 96
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(b) Conditional licenses, variances from department 97
rules and exclusions; 98
(c) Basic health and safety standards for licensees; 99
and 100
(d) Minimum administration and financial requirements 101
for licensees. 102
(2) The department shall: 103
(a) Define information that shall be submitted to the 104
department with an application for a license; 105
(b) Establish guidelines for the administration and 106
maintenance of client and service records, including staff 107
qualifications, staff to client ratios; 108
(c) Issue licenses in accordance with this article; 109
(d) Conduct surveys and inspections of licensees and 110
facilities; 111
(e) Establish and collect licensure fees; 112
(f) Investigate complaints regarding any licensee or 113
facility; 114
(g) Have access to all records, correspondence and 115
financial data required to be maintained by a licensee or 116
facility; 117
(h) Have authority to interview any client, family 118
member of a client, employee or officer of a licensee or facility; 119
and 120
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(i) Have authority to revoke, suspend or extend any 121
license issued by the department. 122
SECTION 3. Section 43-15-107, Mississippi Code of 1972, is 123
brought forward as follows: 124
43-15-107. (1) Except as provided in Section 43-15-111, no 125
person, agency, firm, corporation, association or other entity, 126
acting individually or jointly with any other person or entity, 127
may establish, conduct or maintain foster homes, residential 128
child-caring agencies and child-placing agencies or facility 129
and/or engage in child placing in this state without a valid and 130
current license issued by and under the authority of the 131
department as provided by this article and the rules of the 132
department. Any out-of-state child-placing agency that provides a 133
full range of services, including, but not limited to, adoptions, 134
foster family homes, adoption counseling services or financial 135
aid, in this state must be licensed by the department under this 136
article. 137
(2) No license issued under this article is assignable or 138
transferable. 139
(3) A current license shall at all times be posted in each 140
licensee's facility, in a place that is visible and readily 141
accessible to the public. 142
(4) (a) Except as otherwise provided in paragraph (b) of 143
this subsection, each license issued under this article expires at 144
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midnight (Central Standard Time) twelve (12) months from the date 145
of issuance unless it has been: 146
(i) Previously revoked by the department; or 147
(ii) Voluntarily returned to the department by the 148
licensee. 149
(b) (i) For any child-placing agency located in 150
Mississippi that remains in good standing, the license issued 151
under this article expires at midnight (Central Standard Time) 152
twenty-four (24) months from the date of issuance unless it has 153
been: 154
1. Previously revoked by the department; or 155
2. Voluntarily returned to the department by 156
the licensee. 157
(ii) Any child-placing agency whose license is 158
governed by this paragraph (b) shall submit the following 159
information to the department annually: 160
1. A copy of an audit report and IRS Form 990 161
for the agency; 162
2. The agency's fee schedule; and 163
3. The agency's client list. 164
(c) A license may be renewed upon application and 165
payment of the applicable fee, provided that the licensee meets 166
the license requirements established by this article and the rules 167
and regulations of the department. 168
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(5) Any licensee or facility which is in operation at the 169
time rules are made in accordance with this article shall be given 170
a reasonable time for compliance as determined by the rules of the 171
department. 172
SECTION 4. Section 43-15-109, Mississippi Code of 1972, is 173
brought forward as follows: 174
43-15-109. (1) An application for a license under this 175
article shall be made to the department and shall contain 176
information that the department determines is necessary in 177
accordance with established rules. 178
(2) Information received by the office through reports, 179
complaints, investigations and inspections shall be classified as 180
public in accordance with Title 25, Chapter 61, Mississippi Code 181
of 1972, Mississippi Public Records Act. 182
SECTION 5. Section 43-15-111, Mississippi Code of 1972, is 183
brought forward as follows: 184
43-15-111. The provisions of this article, do not apply to: 185
(a) A facility or program owned or operated by an 186
agency of the State of Mississippi or United States government; 187
(b) A facility or program operated by or under an 188
exclusive contract with the Department of Corrections; 189
(c) Schools and educational programs and facilities, 190
the primary purpose of which is to provide a regular course of 191
study necessary for advancement to a higher educational level or 192
completion of a prescribed course of study, and which may, 193
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incident to such educational purposes, provide boarding facilities 194
to the students of such programs. 195
(d) Any residential child-caring agency and/or 196
child-placing agency operated or conducted under the auspices of a 197
religious institution and meeting the requirements or conditions 198
of this section shall be exempt from the licensure requirements of 199
this article under the following conditions: (i) such religious 200
institution must have a tax-exempt status as a nonprofit religious 201
institution in accordance with Section 501(c) of the Internal 202
Revenue Code of 1954, as amended, or the real property owned and 203
exclusively occupied by the religious institution must be exempt 204
from location taxation, and (ii) the agency or institution must be 205
in compliance with the requirements of the Child Residential Home 206
Notification Act, Section 43-16-1 et seq., Mississippi Code of 207
1972, and must not be in violation of Section 43-16-21(c) 208
regarding the abuse and/or neglect of any child served by such 209
home who has been adjudicated by the youth court as an abused 210
and/or neglected child. Nothing in this paragraph shall prohibit 211
a residential child-caring agency or child-placing agency operated 212
by or conducted under the auspices of a religious institution from 213
obtaining a license pursuant to this article. 214
(e) Placement of custody under a power of attorney 215
executed under Section 93-31-1 et seq. 216
SECTION 6. Section 43-15-113, Mississippi Code of 1972, is 217
brought forward as follows: 218
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43-15-113. (1) If a license is revoked, the department may 219
grant a new license after: 220
(a) Satisfactory evidence is submitted to the 221
department, evidencing that the conditions upon which revocation 222
was based have been corrected; and 223
(b) Inspection and compliance with all provisions of 224
this article and applicable rules. 225
(2) The department may only suspend a license for a period 226
of time which does not exceed the current expiration date of that 227
license. 228
(3) When a license has been suspended, the department may 229
completely or partially restore the suspended license upon a 230
determination that the: 231
(a) Conditions upon which the suspension was based have 232
been completely or partially corrected; and 233
(b) Interests of the public will not be jeopardized by 234
restoration of the license. 235
SECTION 7. Section 43-15-115, Mississippi Code of 1972, is 236
brought forward as follows: 237
43-15-115. (1) The department may, for the purpose of 238
ascertaining compliance with the provisions of this article and 239
its rules and regulations, enter and inspect on a routine basis 240
the facility of a licensee. 241
(2) Before conducting an inspection under subsection (1), 242
the department shall, after identifying the person in charge: 243
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(a) Give proper identification; 244
(b) Request to see the applicable license; 245
(c) Describe the nature and purpose of the inspection; 246
and 247
(d) If necessary, explain the authority of the 248
department to conduct the inspection and the penalty for refusing 249
to permit the inspection. 250
(3) In conducting an inspection under subsection (1), the 251
department may, after meeting the requirements of subsection (2): 252
(a) Inspect the physical facilities; 253
(b) Inspect records and documents; 254
(c) Interview directors, employees, clients, family 255
members of clients and others; and 256
(d) Observe the licensee in operation. 257
(4) An inspection conducted under subsection (1) shall be 258
during regular business hours and may be announced or unannounced. 259
(5) The licensee shall make copies of inspection reports 260
available to the public upon request. 261
(6) The provisions of this section apply to on-site 262
inspections and do not restrict the department from contacting 263
family members, neighbors or other individuals, or from seeking 264
information from other sources to determine compliance with the 265
provisions of this article. 266
SECTION 8. Section 43-15-117, Mississippi Code of 1972, is 267
brought forward as follows: 268
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43-15-117. (1) Except as provided in this article, no 269
person, agency, firm, corporation, association or group children's 270
home may engage in child placing, or solicit money or other 271
assistance for child placing, without a valid license issued by 272
the department. No out-of-state child-placing agency that 273
provides a full range of services, including, but not limited to, 274
adoptions, foster family homes, adoption counseling services or 275
financial aid, may operate in this state without a valid license 276
issued by the department. No child-placing agency shall advertise 277
in the media markets in Mississippi seeking birth mothers or their 278
children for adoption purposes unless the agency holds a valid and 279
current license issued either by the department or the authorized 280
governmental licensing agency of another state that regulates 281
child-placing agencies. Any child-placing agency, physician or 282
attorney who advertises for child placing or adoption services in 283
Mississippi shall be required by the department to show their 284
principal office location on all media advertising for adoption 285
services. 286
(2) An attorney who provides legal services to a client in 287
connection with proceedings for the adoption of a child by the 288
client, who does not receive, accept or provide custody or care 289
for the child for the purposes specified in Section 43-15-103(c), 290
shall not be required to have a license under this article to 291
provide those legal services. 292
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(3) An attorney, physician or other person may assist a 293
parent in identifying or locating a person interested in adopting 294
the parent's child, or in identifying or locating a child to be 295
adopted. However, no payment, charge, fee, reimbursement of 296
expense, or exchange of value of any kind, or promise or agreement 297
to make the same, may be made for that assistance. 298
(4) Nothing in this section precludes payment of reasonable 299
fees for medical, legal or other lawful services rendered in 300
connection with the care of a mother, delivery and care of a child 301
including, but not limited to, the mother's living expenses, or 302
counseling for the parents and/or the child, and for the legal 303
proceedings related to lawful adoption proceedings; and no 304
provision of this section abrogates the right of procedures for 305
independent adoption as provided by law. 306
(5) The department is specifically authorized to promulgate 307
rules under the Administrative Procedures Law, Title 25, Chapter 308
43, Mississippi Code of 1972, to regulate fees charged by licensed 309
child-placing agencies, if it determines that the practices of 310
those licensed child-placing agencies demonstrates that the fees 311
charged are excessive or that any of the agency's practices are 312
deceptive or misleading; however, those rules regarding fees shall 313
take into account the use of any sliding fee by an agency that 314
uses a sliding fee procedure to permit prospective adoptive 315
parents of varying income levels to utilize the services of those 316
agencies or persons. 317
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(6) The department shall promulgate rules under the 318
Administrative Procedures Law, Title 25, Chapter 43, Mississippi 319
Code of 1972, to require that all licensed child-placing agencies 320
provide written disclosures to all prospective adoptive parents of 321
any fees or other charges for each service performed by the agency 322
or person, and file an annual report with the department that 323
states the fees and charges for those services, and to require 324
them to inform the department in writing thirty (30) days in 325
advance of any proposed changes to the fees or charges for those 326
services. 327
(7) The department is specifically authorized to disclose to 328
prospective adoptive parents or other interested persons any fees 329
charged by any licensed child-placing agency, attorney or 330
counseling service or counselor for all legal and counseling 331
services provided by that licensed child-placing agency, attorney 332
or counseling service or counselor. 333
SECTION 9. Section 43-15-119, Mississippi Code of 1972, is 334
brought forward as follows: 335
43-15-119. (1) If the department finds that a violation has 336
occurred under this article or the rules and regulations of the 337
department, it may: 338
(a) Deny, suspend or revoke a license or place the 339
licensee on probation, if the department discovers that a licensee 340
is not in compliance with the laws, standards or regulations 341
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governing its operation, and/or it finds evidence of aiding, 342
abetting or permitting the commission of any illegal act; or 343
(b) Restrict or prohibit new admissions to the 344
licensee's program or facility, if the department discovers that a 345
licensee is not in compliance with the laws, standards or 346
regulations governing its operation, and/or it finds evidence of 347
aiding, abetting or permitting the commission of any illegal act. 348
(2) If placed on probation, the agency or licensee shall 349
post a copy of the notice in a conspicuous place as directed by 350
the department and with the agency's or individual's license, and 351
the agency shall notify the custodians of each of the children in 352
its care in writing of the agency's status and the basis for the 353
probation. 354
SECTION 10. Section 43-15-123, Mississippi Code of 1972, is 355
brought forward as follows: 356
43-15-123. Any person, agency, association, corporation, 357
institution, society or other organization violating the 358
provisions of this article shall be guilty of illegal placement of 359
children and shall be punished by a fine not to exceed Five 360
Thousand Dollars ($5,000.00) or by imprisonment not more than five 361
(5) years, or both such fine and imprisonment. 362
SECTION 11. Section 43-15-125, Mississippi Code of 1972, is 363
brought forward as follows: 364
43-15-125. The department and/or its officers, employees, 365
attorneys and representatives shall not be held civilly liable for 366
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any findings, recommendations or actions taken pursuant to this 367
article. 368
SECTION 12. Section 49-7-27, Mississippi Code of 1972, is 369
brought forward as follows: 370
49-7-27. (1) The commission may revoke any hunting, 371
trapping, or fishing privileges, license or deny any person the 372
right to secure such license if the person has been convicted of 373
the violation of any of the provisions of this chapter or any 374
regulation thereunder. The revocation of the privilege, license 375
or refusal to grant license shall be for a period of one (1) year. 376
However, before the revocation of the privilege or license shall 377
become effective, the executive director shall send by registered 378
mail notice to the person or licensee, who shall have the right to 379
a hearing or representation before the commission at the next 380
regular meeting or a special meeting. The notice shall set out 381
fully the ground or complaint upon which revocation of, or refusal 382
to grant, the privilege or license is sought. 383
(2) Any person who is convicted for a second time during any 384
period of twelve (12) consecutive months for violation of any of 385
the laws with respect to game, fish or nongame fish or animals 386
shall forfeit his privilege and any license or licenses issued to 387
him by the commission and the commission shall not issue the 388
person any license for a period of one (1) year from the date of 389
forfeiture. 390
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(3) Failure of any person to surrender his license or 391
licenses upon demand made by the commission or by its 392
representatives at the direction of the commission shall be a 393
misdemeanor and shall be punishable as such. 394
(4) Any violator whose privilege or license has been 395
revoked, who shall, during the period of revocation, be 396
apprehended for hunting or fishing, shall have imposed upon him a 397
mandatory jail term of not less than thirty (30) days nor more 398
than six (6) months. 399
(5) The commission is authorized to suspend any license 400
issued to any person under this chapter for being out of 401
compliance with an order for support, as defined in Section 402
93-11-153. The procedure for suspension of a license for being 403
out of compliance with an order for support, and the procedure for 404
the reissuance or reinstatement of a license suspended for that 405
purpose, and the payment of any fees for the reissuance or 406
reinstatement of a license suspended for that purpose, shall be 407
governed by Section 93-11-157 or 93-11-163, as the case may be. 408
If there is any conflict between any provision of Section 409
93-11-157 or 93-11-163 and any provision of this chapter, the 410
provisions of Section 93-11-157 or 93-11-163, as the case may be, 411
shall control. 412
(6) If a person is found guilty or pleads guilty or nolo 413
contendere to a violation of Section 49-7-95, and then appeals, 414
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the commission shall suspend or revoke the hunting privileges of 415
that person pending the determination of his appeal. 416
(7) (a) If a person does not comply with a summons or a 417
citation or does not pay a fine, fee or assessment for violating a 418
wildlife law or regulation, the commission shall revoke the 419
fishing, hunting, or trapping privileges of that person. When a 420
person does not comply or fails to pay, the clerk of the court 421
shall notify the person in writing by first class mail that if the 422
person does not comply or pay within ten (10) days from the date 423
of mailing, the court will notify the commission and the 424
commission will revoke the fishing, hunting or trapping privileges 425
of that person. The cost of notice may be added to other court 426
costs. If the person does not comply or pay as required, the 427
court clerk shall immediately mail a copy of the court record and 428
a copy of the notice to the commission. After receiving notice 429
from the court, the commission shall revoke the fishing, hunting 430
or trapping privileges of that person. 431
(b) A person whose fishing, hunting or trapping 432
privileges have been revoked under this subsection shall remain 433
revoked until the person can show proof that all obligations of 434
the court have been met. 435
(c) A person shall pay a Twenty-five Dollar ($25.00) 436
fee to have his privileges reinstated. The fee shall be paid to 437
the department. 438
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SECTION 13. Section 93-11-155, Mississippi Code of 1972, is 439
brought forward as follows: 440
93-11-155. (1) In the manner and form prescribed by the 441
division, all licensing entities shall provide to the division, on 442
at least a quarterly basis, information on licensees for use in 443
the establishment, enforcement and collection of child support 444
obligations including, but not limited to: name, address, Social 445
Security number, sex, date of birth, employer's name and address, 446
type of license, effective date of the license, expiration date of 447
the license, and active or inactive license status. Whenever 448
technologically feasible, the department and licensing entities 449
shall seek to reach agreements to provide the information required 450
by this section by way of electronic data media, including, but 451
not limited to, on-line access and records on magnetic/optical 452
disk or tape. In lieu of providing the licensing information to 453
the division as outlined above and in the discretion of the 454
licensing entity, the division shall provide the identity of the 455
individual who is delinquent in support payments to the licensing 456
entity who will then match that information with their records and 457
provide the division with all necessary information for those 458
individuals licensed by that entity. 459
(2) Any licensed attorney representing the party to whom 460
support is due may submit to the division the name and record of 461
accounting showing an arrearage of an individual who is out of 462
compliance with an order for support which is not being enforced 463
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by the division under Title IV-D, and the division shall submit 464
the name of such individual to the licensing entities who will 465
match the name with their records in the same manner as provided 466
in subsection (1) to provide the attorney with necessary 467
information regarding licensees. The attorney applying for such 468
information shall pay a fee not to exceed Twenty-five Dollars 469
($25.00) for such service. 470
SECTION 14. Section 93-11-157, Mississippi Code of 1972, is 471
brought forward as follows: 472
93-11-157. (1) The division shall review the information 473
received under Section 93-11-155 and any other information 474
available to the division, and shall determine if a licensee is 475
out of compliance with an order for support. If a licensee is out 476
of compliance with the order for support, the division shall 477
notify the licensee by first class mail that ninety (90) days 478
after the licensee receives the notice of being out of compliance 479
with the order, the licensing entity will be notified to 480
immediately suspend the licensee's license unless the licensee 481
pays the arrearage owing, according to the accounting records of 482
the Mississippi Department of Human Services or the attorney 483
representing the party to whom support is due, as the case may be, 484
or enters into a stipulated agreement and agreed judgment 485
establishing a schedule for the payment of the arrearage. The 486
licensee shall be presumed to have received the notice five (5) 487
days after it is deposited in the mail. 488
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(2) Upon receiving the notice provided in subsection (1) of 489
this section the licensee may: 490
(a) Request a review with the division; however, the 491
issues the licensee may raise at the review are limited to whether 492
the licensee is the person required to pay under the order for 493
support and whether the licensee is out of compliance with the 494
order for support; or 495
(b) Request to participate in negotiations with the 496
division for the purpose of establishing a payment schedule for 497
the arrearage. 498
(3) The division director or the designees of the division 499
director may and, upon request of a licensee, shall negotiate with 500
a licensee to establish a payment schedule for the arrearage. 501
Payments made under the payment schedule shall be in addition to 502
the licensee's ongoing obligation under the latest entered 503
periodic order for support. 504
(4) Should the division and the licensee reach an agreement 505
on a payment schedule for the arrearage, the division director may 506
submit to the court a stipulated agreement and agreed judgment 507
containing the payment schedule which, upon the court's approval, 508
is enforceable as any order of the court. If the court does not 509
approve the stipulated agreement and agreed judgment, the court 510
may require a hearing on a case-by-case basis for the judicial 511
review of the payment schedule agreement. 512
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(5) If the licensee and the division do not reach an 513
agreement on a payment schedule for the arrearage, the licensee 514
may move the court to establish a payment schedule. However, this 515
action does not stay the license suspension. 516
(6) The notice given to a licensee that the licensee's 517
license will be suspended in ninety (90) days must clearly state 518
the remedies and procedures that are available to a licensee under 519
this section. 520
(7) If at the end of the ninety (90) days the licensee has 521
an arrearage according to the accounting records of the 522
Mississippi Department of Human Services or the attorney 523
representing the party to whom support is due, as the case may be, 524
and the licensee has not entered into a stipulated agreement and 525
agreed judgment establishing a payment schedule for the arrearage, 526
the division shall immediately notify all applicable licensing 527
entities in writing to suspend the licensee's license, and the 528
licensing entities shall immediately suspend the license and shall 529
within three (3) business days notify the licensee and the 530
licensee's employer, where known, of the license suspension and 531
the date of such suspension by certified mail return receipt 532
requested. Within forty-eight (48) hours of receipt of a request 533
in writing delivered personally, by mail or by electronic means, 534
the department shall furnish to the licensee, licensee's attorney 535
or other authorized representative a copy of the department's 536
accounting records of the licensee's payment history. A licensing 537
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entity shall immediately reinstate the suspended license upon the 538
division's notification of the licensing entities in writing that 539
the licensee no longer has an arrearage or that the licensee has 540
entered into a stipulated agreement and agreed judgment. 541
(8) Within thirty (30) days after a licensing entity 542
suspends the licensee's license at the direction of the division 543
under subsection (7) of this section, the licensee may appeal the 544
license suspension to the chancery court of the county in which 545
the licensee resides or to the Chancery Court of the First 546
Judicial District of Hinds County, Mississippi, upon giving bond 547
with sufficient sureties in the amount of Two Hundred Dollars 548
($200.00), approved by the clerk of the chancery court and 549
conditioned to pay any costs that may be adjudged against the 550
licensee. Notice of appeal shall be filed in the office of the 551
clerk of the chancery court. If there is an appeal, the appeal 552
may, in the discretion of and on motion to the chancery court, act 553
as a supersedeas of the license suspension. The department shall 554
be the appellee in the appeal, and the licensing entity shall not 555
be a party in the appeal. The chancery court shall dispose of the 556
appeal and enter its decision within thirty (30) days of the 557
filing of the appeal. The hearing on the appeal may, in the 558
discretion of the chancellor, be tried in vacation. The decision 559
of the chancery court may be appealed to the Supreme Court in the 560
manner provided by the rules of the Supreme Court. In the 561
discretion of and on motion to the chancery court, no person shall 562
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be allowed to practice any business, occupation or profession or 563
take any other action under the authority of any license the 564
suspension of which has been affirmed by the chancery court while 565
an appeal to the Supreme Court from the decision of the chancery 566
court is pending. 567
(9) If a licensee who has entered a stipulated agreement and 568
agreed judgment for the payment of an arrearage under this section 569
subsequently is out of compliance with an order for support, the 570
division shall immediately notify the licensing entity to suspend 571
the licensee's license, and the licensing entity shall immediately 572
suspend the license without a hearing and shall within three (3) 573
business days notify the licensee in writing of the license 574
suspension. In the case of a license suspension under the 575
provisions of this subsection, the procedures provided for under 576
subsections (1) and (2) of this section are not required; however, 577
the appeal provisions of subsection (8) of this section still 578
apply. After suspension of the license, if the licensee 579
subsequently enters into a stipulated agreement and agreed 580
judgment or the licensee otherwise informs the division of 581
compliance with the order for support, the division shall within 582
seven (7) days notify in writing the licensing entity that the 583
licensee is in compliance. Upon receipt of that notice from the 584
division, a licensing entity shall immediately reinstate the 585
license of the licensee and shall within three (3) business days 586
notify the licensee of the reinstatement. 587
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(10) Nothing in this section prohibits a licensee from 588
filing a motion for the modification of an order for support or 589
for any other applicable relief. However, no such action shall 590
stay the license suspension procedure, except as may be allowed 591
under subsection (8) of this section. 592
(11) If a license is suspended under the provisions of this 593
section, the licensing entity is not required to refund any fees 594
paid by a licensee in connection with obtaining or renewing a 595
license. 596
(12) The requirement of a licensing entity to suspend a 597
license under this section does not affect the power of the 598
licensing entity to deny, suspend, revoke or terminate a license 599
for any other reason. 600
(13) The procedure for suspension of a license for being out 601
of compliance with an order for support, and the procedure for the 602
reissuance or reinstatement of a license suspended for that 603
purpose, shall be governed by this section and not by the general 604
licensing and disciplinary provisions applicable to a licensing 605
entity. Actions taken by a licensing entity in suspending a 606
license when required by this section are not actions from which 607
an appeal may be taken under the general licensing and 608
disciplinary provisions applicable to the licensing entity. Any 609
appeal of a license suspension that is required by this section 610
shall be taken in accordance with the appeal procedure specified 611
in subsection (8) of this section rather than any procedure 612
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specified in the general licensing and disciplinary provisions 613
applicable to the licensing entity. If there is any conflict 614
between any provision of this section and any provision of the 615
general licensing and disciplinary provisions applicable to a 616
licensing entity, the provisions of this section shall control. 617
(14) No license shall be suspended under this section until 618
ninety (90) days after July 1, 1996. This ninety-day period shall 619
be a one-time amnesty period in which any person who may be 620
subject to license suspension under this article may comply with 621
an order of support in order to avoid the suspension of any 622
license. 623
(15) Any individual who fails to comply with a subpoena or 624
warrant relating to paternity or child support proceedings after 625
receiving appropriate notice may be subject to suspension or 626
withholding of issuance of a license under this section. 627
SECTION 15. Section 93-11-163, Mississippi Code of 1972, is 628
brought forward as follows: 629
93-11-163. In addition to the procedures in Section 630
93-11-157, the court may, upon a finding that a defendant is 631
delinquent for being out of compliance with an order for support, 632
order the licensing entity as defined in Section 93-11-153(a) to 633
suspend the license of the defendant. In its discretion, the 634
court may stay such an order for a reasonable time to allow the 635
defendant to purge himself of the delinquency. If a license is 636
suspended under this section, the court may also order the 637
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ST: Adoption licensure board; bring forward
code sections related to creation thereof.
licensing entity to reinstate the license when it is satisfied 638
that the defendant has purged himself of the delinquency. 639
Licensing entities shall treat a suspension under this section the 640
same as a suspension under Section 93-11-157. Defendants whose 641
license is suspended under this section shall be subject to any 642
administrative fees established for reinstatement under Section 643
93-11-159. 644
SECTION 16. This act shall take effect and be in force from 645
and after July 1, 2026. 646