Department of Youth Services; bring forward code sections related to.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Bryan

SENATE BILL NO. 2475

AN ACT TO BRING FORWARD SECTIONS 43-27-2, 43-27-8, 43-27-10, 1
43-27-12, 43-27-14, 43-27-16, 43-27-17, 43-27-18, 43-27-19, 2
43-27-20, 43-27-22, 43-27-23, 43-27-25, 43-27-27, 43-27-29, 3
43-27-33, 43-27-37 and 43-27-39, MISSISSIPPI CODE OF 1972, WHICH 4
RELATE TO THE DEPARTMENT OF YOUTH SERVICES, FOR PURPOSES OF 5
POSSIBLE AMENDMENT; TO AMEND SECTIONS 43-27-11 AND 43-27-35, 6
MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL NONSUBSTANTIVE 7
AENDMENTS; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 43-27-2, Mississippi Code of 1972, is 10
brought forward as follows: 11
43-27-2. The Department of Human Services shall be the 12
Department of Youth Services and shall retain all powers and 13
duties granted by law to the Department of Youth Services, and 14
wherever the term “Department of Youth Services” appears in any 15
law the same shall mean the Department of Human Services. The 16
executive director of the department may assign to appropriate 17
divisions such powers and duties as deemed appropriate to carry 18
out the functions of the department. The executive director of the 19
department may assign such powers and duties as deemed appropriate 20
to carry out the functions of the department. 21
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SECTION 2. Section 43-27-8, Mississippi Code of 1972, is 22
brought forward as follows: 23
43-27-8. The Department of Human Services shall administer 24
the following duties and responsibilities: 25
(a) To implement and administer laws and policy 26
relating to youth services and coordinate the efforts of the 27
department with those of the federal government and other state 28
departments and agencies, county governments, municipal 29
governments and private agencies concerned with providing youth 30
services. 31
(b) To establish standards, provide technical 32
assistance and exercise the requisite supervision as it relates to 33
youth service programs over all state-supported juvenile 34
correctional facilities. 35
(c) To promulgate and publish such rules, regulations 36
and policies of the department as are needed for the efficient 37
government and maintenance of all facilities and programs in 38
accord, insofar as possible, with currently accepted standards of 39
juvenile care and treatment. 40
SECTION 3. Section 43-27-10, Mississippi Code of 1972, is 41
brought forward as follows: 42
43-27-10. (1) The Mississippi Department of Human Services 43
shall exercise executive and administrative supervision over all 44
state-owned facilities used for the detention, training, care, 45
treatment and aftercare supervision of delinquent children 46
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properly committed to or confined in said facilities by a court on 47
account of such delinquency; provided, however, such executive and 48
administrative supervision under state-owned facilities shall not 49
extend to any institutions and facilities for which executive and 50
administrative supervision has been provided otherwise by law 51
through other agencies. 52
(2) Such facilities shall include, but not be limited to, 53
the Oakley Training School, which is now the Oakley Youth 54
Development Center, created by Chapter 205, Laws of 1942, and 55
those facilities authorized by Chapter 652, Laws of 1994. 56
(3) The department shall have the power as a corporate body 57
to receive, hold and use personal, real and mixed property donated 58
to them or property acquired under Section 43-27-35, and shall 59
have such other corporate authority as shall now or hereafter be 60
necessary for the operation of any such facility. The department 61
shall be responsible for the planning, development and 62
coordination of a statewide, comprehensive youth services program 63
designed to train and rehabilitate children in order to prevent, 64
control and retard juvenile delinquency. 65
(4) The department is authorized to develop and implement 66
diversified public, private, or contractual programs and 67
facilities to promote, enhance, provide and assure the 68
opportunities for the successful care, training and treatment of 69
delinquent children properly committed to or confined in any 70
facility under its control. Such programs and facilities may 71
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include, but not be limited to, training schools, foster homes, 72
halfway houses, forestry camps, regional assessment, 73
classification and diagnostic centers, detention centers, group 74
homes, regional and community-based juvenile intensive residential 75
treatment facilities, specialized and therapeutic programs and 76
facilities, and other state and local community-based programs and 77
facilities. 78
(5) The department is authorized to acquire whatever hazard, 79
casualty or workers' compensation insurance is necessary for any 80
property, real or personal, owned, leased or rented by the 81
department or for any employees or personnel hired by the 82
department and may acquire professional liability insurance on all 83
employees as deemed necessary and proper by the department. All 84
premiums due and payable on account thereof shall be paid out of 85
the funds of the department. 86
SECTION 4. Section 43-27-11, Mississippi Code of 1972, is 87
amended as follows: 88
43-27-11. The Mississippi Department of Human Services shall 89
succeed to the exclusive control of all records, books, papers, 90
equipment and supplies, and all lands, buildings and other real 91
and personal property now or hereafter belonging to or assigned to 92
the use and benefit or under the control of the Oakley Youth 93
Development Center, and shall have the exercise and control of the 94
use, distribution and disbursement of all funds, appropriations 95
and taxes now or hereafter in possession, levied, collected or 96
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received or appropriated for the use, benefit, support and 97
maintenance of * * * the institution, and the department shall 98
have general supervision of all the affairs of the * * * 99
institution herein named, and the care and conduct of all 100
buildings and grounds, business methods and arrangements of 101
accounts and records, the organization of the administrative plans 102
of * * * the institution, and all other matters incident to the 103
proper functioning of the * * * institution. The department shall 104
have full authority over the operation of any and all farms 105
at * * * the institution and over the distribution of 106
agricultural, dairy, livestock and any and all other products 107
therefrom and over all funds received from the sale of hogs and 108
livestock. All sums realized from the sale of products 109
manufactured and fabricated in the shops of the vocational 110
departments of * * * the institution shall be placed in the 111
revolving fund of the * * * institution in which said products 112
were manufactured, fabricated and sold. 113
The department shall be authorized to lease the lands for 114
oil, gas and mineral exploration, and for such other purposes as 115
the department deems to be appropriate, on such terms and 116
conditions as the department and lessee agree. The department may 117
contract with the State Forestry Commission for the proper 118
management of forest lands and the sale of timber, and the 119
department is expressly authorized to sell timber and forestry 120
products. The department is further authorized to expend the net 121
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proceeds from incomes from all leases and timber sales exclusively 122
for the instructional purposes or operational expenses, or both, 123
at the * * * institution under its jurisdiction. 124
The granting of any leases for oil, gas and mineral 125
exploration shall be on a public bid basis as prescribed by law. 126
SECTION 5. Section 43-27-12, Mississippi Code of 1972, is 127
brought forward as follows: 128
43-27-12. The Department of Youth Services shall have 129
exclusive supervisory care, custody and active control of all 130
children properly committed to or confined in its facilities and 131
included in its programs and shall have control of the grounds, 132
buildings and other facilities and properties of said facilities 133
and programs. 134
SECTION 6. Section 43-27-14, Mississippi Code of 1972, is 135
brought forward as follows: 136
43-27-14. The Department of Youth Services shall have the 137
authority to accept any allotments of federal funds and 138
commodities and shall manage and dispose of them in whatever 139
manner may be required by federal law, and may take advantage of 140
any federal programs, grants-in-aid, or other public or private 141
assistance which may be offered or available which will accomplish 142
or further the objectives of the department. Except as otherwise 143
authorized in Section 7-5-39, the Attorney General shall be the 144
legal representative of the department. 145
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SECTION 7. Section 43-27-16, Mississippi Code of 1972, is 146
brought forward as follows: 147
43-27-16. The Department of Youth Services is authorized to 148
request from any and all existing agencies, departments, 149
divisions, officers, employees, boards, bureaus, commissions and 150
institutions of the State of Mississippi, or any political 151
subdivision thereof, information, data and assistance as will 152
enable the department to fulfill its duties hereunder, and all 153
such agencies, departments, divisions, officers, employees, 154
boards, bureaus, commissions and institutions of the State of 155
Mississippi and its political subdivisions are hereby directed to 156
cooperate with the department and render such information, data, 157
aid and assistance as may be requested by the department. 158
SECTION 8. Section 43-27-17, Mississippi Code of 1972, is 159
brought forward as follows: 160
43-27-17. The Department of Human Services shall use the 161
services and resources of the state departments of education and 162
health, and of all other appropriate state departments, agencies 163
or institutions, as will aid in carrying out the purposes of this 164
chapter. It shall be the duty of all such state departments, 165
agencies and institutions to make available such services and 166
resources to the department. 167
SECTION 9. Section 43-27-18, Mississippi Code of 1972, is 168
brought forward as follows: 169
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43-27-18. All positions in the Department of Youth Services 170
shall be included in the state classification system, but the 171
department is encouraged to establish an incentive program to 172
motivate workers who deal directly with the children to obtain 173
master’s degrees in the field of sociology, psychology or some 174
other related field. 175
SECTION 10. Section 43-27-19, Mississippi Code of 1972, is 176
brought forward as follows: 177
43-27-19. The Department of Human Services shall keep in a 178
suitable book a full and complete record of all of its actions 179
under this chapter, which shall be open at all times to the 180
inspection of the Governor and all persons whom he or either house 181
of the Legislature may designate, and any member of the 182
Legislature, to examine same. 183
SECTION 11. Section 43-27-20, Mississippi Code of 1972, is 184
brought forward as follows: 185
43-27-20. (a) Within the Division of Youth Services there 186
shall be an Office of Community Services, which shall be headed by 187
a director appointed by and responsible to the Director of the 188
Division of Youth Services. Each director shall hold a master's 189
degree in social work or a related field and shall have no less 190
than three (3) years' experience in social services, or in lieu of 191
such degree and experience, the director shall have a minimum of 192
eight (8) years' experience in social work or a related field. 193
Each director shall employ and assign the community workers to 194
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serve in the various areas in the state and any other supporting 195
personnel necessary to carry out the duties of the Office of 196
Community Services. 197
(b) The Director of the Office of Community Services shall 198
assign probation and aftercare workers to the youth court or 199
family court judges of the various court districts upon the 200
request of the individual judge on the basis of caseload and need, 201
when funds are available. The Director of the Office of Community 202
Services is authorized to assign a youth services counselor to 203
various court districts upon the approval of the appropriate judge 204
and the Director of the Division of Youth Services. 205
(c) Any counties or cities which, on July 1, 1973, have 206
court counselors or similar personnel may continue using this 207
personnel or may choose to come within the statewide framework. 208
(d) A probation and aftercare worker may be transferred by 209
the division from one (1) court to another after consultation with 210
the judge or judges in the court to which the employee is 211
currently assigned. 212
(e) The Office of Community Services shall have such duties 213
as the Division of Youth Services shall assign to it which shall 214
include, but not be limited to, the following: 215
(i) Preparing the social, educational and home-life 216
history and other diagnostic reports on the child for the benefit 217
of the court or the training school; however, this provision shall 218
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not abridge the power of the court to require similar services 219
from other agencies, according to law. 220
(ii) Serving in counseling capacities with the youth or 221
family courts. 222
(iii) Serving as probation agents for the youth or 223
family courts. 224
(iv) Serving, advising and counseling of children under 225
the control of the Division of Youth Services as may be necessary 226
to the placement of the children in their proper environment upon 227
release and the placement of children in suitable jobs where 228
necessary and proper. 229
(v) Supervising and guiding of children released or 230
conditionally released from institutions under the control of the 231
Division of Youth Services. 232
(vi) Coordinating the activities of supporting 233
community agencies which aid in the social adjustment of children 234
released from the institution and in an aftercare program. 235
(vii) Providing linkage and/or referral for services 236
leading to the rehabilitation of delinquents, either within the 237
division or through cooperative arrangements with other 238
appropriate agencies. 239
(viii) Providing counseling and supervision for any 240
child under ten (10) years of age who has been brought to the 241
attention of the court when other suitable personnel is not 242
available and upon request of the court concerned. 243
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(ix) Supervising the completion of aftercare programs 244
and/or making revocation investigations at the request of the 245
court. 246
(x) Implementing a Standardized Risk Assessment Tool 247
for use in the community. 248
(xi) Developing and implementing a graduated sanctions 249
policy for use within the community. 250
(e) This section shall stand repealed on July 1, 2026. 251
SECTION 12. Section 43-27-22, Mississippi Code of 1972, is 252
brought forward as follows: 253
43-27-22. (1) Within the Department of Human Services there 254
shall be an Office of Juvenile Correctional Institutions which 255
shall be headed by a Director of Juvenile Institutions, who shall 256
be appointed by the Director of the Division of Youth Services. 257
The Director of Juvenile Institutions shall appoint the individual 258
Division of Youth Services Institutional Administrators who, in 259
turn, shall have full power to select and employ personnel 260
necessary to operate the facility he directs, subject to the 261
approval of the Director of the Division of Youth Services. 262
(2) The Office of Juvenile Correctional Institutions shall 263
have such duties as the Director of the Division of Youth Services 264
shall assign to it including, but not limited to, the following: 265
(a) Operation and maintenance of training schools and 266
other facilities as may be needed to properly diagnose, care for, 267
train, educate and rehabilitate children and youths who have been 268
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committed to or confined in the facilities or who are included in 269
the programs of the facilities. 270
(b) Fulfillment of the objectives of rehabilitation and 271
reformation of the youths confined in the schools, being careful 272
to employ no discipline, training or utilization of time and 273
efforts of such youth that shall under any condition or in any way 274
interfere with such objectives. 275
(c) Grouping of the youths in the schools according to 276
age, sex and disciplinary needs with respect to their housing, 277
schooling, training, recreation and work, being careful to prevent 278
injury to the morals or interference with the training and 279
rehabilitation of the younger or correctable youths by those 280
considered to be less amenable to discipline and rehabilitation. 281
SECTION 13. Section 43-27-23, Mississippi Code of 1972, is 282
brought forward as follows: 283
43-27-23. The superintendents of the Mississippi training 284
schools may each receive free lodging in his respective 285
institution for himself and his family, but not free board nor 286
free supplies from the institution. Upon each superintendent’s 287
election to receive board for himself and family from the 288
institution, the Department of Human Services shall enter on the 289
minutes in advance the names and ages of the members of the family 290
and fix the charges for their board at the average cost of table 291
board in that community, but in no event at an amount less than 292
the cost of said board to said institution, and said board so 293
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fixed shall be paid by the superintendent into the State Treasury 294
before his salary for the next succeeding month shall be paid. The 295
department shall make a detailed and itemized statement thereof to 296
the Legislature. The same restrictions shall apply to all members 297
of the clerical force of the institutions. 298
SECTION 14. Section 43-27-25, Mississippi Code of 1972, is 299
brought forward as follows: 300
43-27-25. No person shall be committed to an institution 301
under the control of the Department of Youth Services who is 302
seriously handicapped by having mental illness or an intellectual 303
disability. If after a person is referred to the training schools 304
it is determined that he has mental illness or an intellectual 305
disability to an extent that he could not be properly cared for in 306
its custody, the director may institute necessary legal action to 307
accomplish the transfer of such person to such other state 308
institution as, in his judgment, is best qualified to care for him 309
in accordance with the laws of this state. The department shall 310
establish standards with regard to the physical and mental health 311
of persons which it can accept for commitment. 312
SECTION 15. Section 43-27-27, Mississippi Code of 1972, is 313
brought forward as follows: 314
43-27-27. Any child committed to an institution under the 315
provisions of this chapter may be transferred by the director of 316
the department of youth services, in his discretion, to any of the 317
schools or other facilities under his jurisdiction. 318
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SECTION 16. Section 43-27-29, Mississippi Code of 1972, is 319
brought forward as follows: 320
43-27-29. Academic and vocational training at all 321
institutions under the department of youth services shall meet 322
standards prescribed by the state department of education based 323
upon standards required for public schools. The department may 324
prescribe such additional requirements as it may from time to time 325
deem necessary. The state superintendent of education will 326
administer the standards related to the high school and elementary 327
school programs. Reports from the state department of education 328
evaluating the educational program at all juvenile correctional 329
institutions and indicating whether or not the program meets the 330
standards as prescribed shall be made directly to the director of 331
the division of juvenile correctional institutions at regularly 332
scheduled meetings. Such state department of education supervisory 333
personnel as deemed appropriate shall be utilized for evaluating 334
the programs and for reporting to the director of said division. 335
SECTION 17. Section 43-27-33, Mississippi Code of 1972, is 336
brought forward as follows: 337
43-27-33. Nothing in this chapter is intended to limit or 338
restrict the operation and effect of Title IV, federal Social 339
Security Act (Subchapter IV, Sections 601-604, Chapter 7, Title 340
42, U.S. Code Annotated) and Sections 43-15-1 through 43-15-9, 341
inclusive, 43-17-1 through 43-17-25, inclusive, 43-25-1 through 342
43-25-17, inclusive, and 93-11-1 through 93-11-63, inclusive, 343
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Mississippi Code of 1972, which authorize the Department of Human 344
Services to expend appropriated state and available federal funds 345
for Temporary Assistance for Needy Families (TANF) child welfare 346
services, and administer the interstate compact on juveniles under 347
approved state-federal plans now in effect; this chapter being 348
cumulative and supplementary. Nothing in this chapter is intended 349
to limit or restrain the operation and effect of the Youth Court 350
Law of 1946, as amended (Chapter 21 of this Title), or the Family 351
Court Law of 1964, as amended (Chapter 23 of this Title), or the 352
power granted to the youth courts or family courts therein 353
outlined. The intent of this section is to insure that the final 354
responsibility for a delinquent youth resides with the court that 355
has jurisdiction and that the final responsibility for any and all 356
services provided by any and all personnel assigned to a youth or 357
family court resides with the responsible judge. 358
SECTION 18. Section 43-27-35, Mississippi Code of 1972, is 359
amended as follows: 360
43-27-35. (1) The Department of Finance and Administration, 361
for and on behalf of the Mississippi Department of Human Services 362
and the State of Mississippi, may enter into a purchase contract, 363
a lease-purchase agreement or other similar contract for the 364
acquisition of land, buildings or equipment that would be suitable 365
for use by the Mississippi Department of Human Services in 366
providing housing and facilities for youth under its jurisdiction 367
regardless of the ages of such youths and that would assist the 368
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Mississippi Department of Human Services in the performance of its 369
duties under Chapter 27, Title 43, Mississippi Code of 1972. 370
Before entering into any such contract or agreement, the 371
Department of Finance and Administration must first demonstrate to 372
the Public Procurement Review Board satisfactory evidence that the 373
contract or agreement would be economically advantageous to the 374
Mississippi Department of Human Services. 375
(2) Acquisition of the property described in subsection (1) 376
of this section shall be made only as provided in subsection (3) 377
and upon legislative approval or upon approval of the State Bond 378
Commission in accordance with the manner and procedure prescribed 379
in Section 27-104-107. 380
(3) If Newton County is selected as a site to house a 381
facility under this section, the governing authorities of any 382
municipality in which all or part of the facility is to be located 383
and the Board of Supervisors of Newton County shall adopt 384
resolutions spread on their minutes requesting the location of the 385
facility in such municipality and the county. If such resolutions 386
are adopted, the qualified electors of the municipality, if all or 387
part of the facility is to be located in a municipality, shall 388
vote in an election to be set by the governing authorities to 389
determine if a facility shall be sited. If a majority of the 390
qualified electors voting in the election vote in favor of siting 391
a facility, a second election set by the board of supervisors 392
shall be held in the county. If a majority of the qualified 393
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electors of the county voting in the election vote in favor of 394
siting a facility, a facility shall be sited. If a majority of 395
the qualified electors of the municipality voting in the election 396
vote against siting a facility, a second election shall not be 397
held in the county and a facility shall not be sited. 398
SECTION 19. Section 43-27-37, Mississippi Code of 1972, is 399
brought forward as follows: 400
43-27-37. There is created in the Department of Human 401
Services, Division of Youth Services, a Statewide Juvenile Work 402
Program under the direction of a statewide coordinator. The 403
statewide coordinator shall assist the youth court judges in 404
implementing and administering the Juvenile Work Program as 405
established under this section. The statewide coordinator shall 406
establish standards and guidelines for juvenile work programs. 407
SECTION 20. Section 43-27-39, Mississippi Code of 1972, is 408
brought forward as follows: 409
43-27-39. (1) The purpose of this section is to ensure that 410
Mississippi's juvenile justice system is cost-efficient and 411
effective at reducing juvenile crime and to create a continuum of 412
options for Mississippi's youth court judges so that they are 413
better equipped to protect our communities and to care for our 414
children. 415
(2) The Columbia Training School shall no longer operate as 416
a secure training school for juvenile delinquents. All youth, 417
both male and female, committed to the custody of the Department 418
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ST: Department of Youth Services; bring forward
code sections related to.
of Human Services and adjudicated to training school shall be 419
housed at the Oakley Youth Development Center. The Oakley Youth 420
Development Center shall provide gender-specific treatment for 421
youth who are adjudicated delinquent. 422
(3) Any portion of Columbia Training School property and 423
facilities described in Section 1 of Chapter 553, Laws of 2012, 424
may be conveyed or transferred to the Board of Supervisors of 425
Marion County, Mississippi. 426
(4) Any portion of Columbia Training School property and 427
facilities described in Section 2 of Chapter 386, Laws of 2017, 428
may be conveyed or transferred to the Marion County Economic 429
Development District for the purposes prescribed under that 430
section. 431
(5) Any portion of Columbia Training School property and 432
facilities described in Section 1 of Chapter 412, Laws of 2022, 433
may be conveyed or transferred to the Marion County Economic 434
Development District. 435
SECTION 21. This act shall take effect and be in force from 436
and after July 1, 2026. 437