Mississippi Code
Miss. Code Ann. § 43-15-5 (2026)
Administration of child welfare services
✓ current as of July 2026
- (1) The Department of Child Protection Services shall have authority and it shall be its duty to administer or supervise all public child welfare services, including those services, responsibilities, duties and powers with which the local offices of child protection services are charged and empowered in this article; administer and supervise the licensing and inspection of all private child placing agencies; provide for the care of dependent and neglected children in foster family homes or in institutions, supervise the care of such children and those of illegitimate birth; supervise the importation of children; and supervise the operation of all state institutions for children. The Department of Child Protection Services shall be authorized to purchase hospital and medical insurance coverage for those children placed in foster care by the state or local offices of child protection services who are not otherwise eligible for medical assistance under the Mississippi Medicaid Law. The Department of Child Protection Services shall be further authorized to purchase burial or life insurance not exceeding One Thousand Five Hundred Dollars ($1,500.00) for those children placed in foster care by the state or local offices of child protection services. All insurance coverage authorized herein may be purchased with any funds other than state funds available to the Department of Child Protection Services, including those funds available to the child which are administered by the department.
- (2) Any person, partnership, group, corporation, organization or association desiring to operate a child residential home, as defined in Section 43-16-3, may make application for a license for such a facility to the Department of Child Protection Services on the application forms furnished for this purpose by the department. If an applicant meets the published rules and regulations of the department regarding minimum standards for a child residential home, then the applicant shall be granted a license by the department.
Codes, 1942, § 7170-01; Laws, 1938, ch. 172; Laws, 1946, ch. 419, § 1; Laws, 1978, ch. 443, § 1(1); Laws, 1982, ch. 416; Laws, 1989, ch. 493, § 13, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 34, eff. 7/1/2023.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2000–2025 · leading case: Mississippi Dep't of Human Servs. v. S.W., 111 So. 3d 630 (Miss. Ct. App. 2012).
Mississippi Dep't of Human Servs. v. S.W., 111 So. 3d 630 (Miss. Ct. App. 2012). “See Miss.Code Ann. § 43-15-5. 16 As noted, the record shows DHS placed S.”
Mississippi Dept. of Human Servs. v. Sw, 974 So. 2d 253 (Miss. Ct. App. 2007). “" Miss.Code Ann. § 43-15-5 (Rev.2004). To carry out these duties, DHS has developed formal guidelines and procedures for the provision of social services in the areas of personal protection, prevention of abuse and neglect, and placement of children in out-of-home settings.”
C.A. v. Lowndes Cnty. Dep't of Fam. & Child. Servs., 93 F. Supp. 2d 744 (N.D. Miss. 2000). “Miss.Code Ann. § 43-15-5. In light of the foregoing statutory authority and case law, the court finds that this factor weighs in favor of the application of Eleventh Amendment immunity.”
In the Matter of Adoption of Kmj, 758 So. 2d 402 (Miss. 2000). “See Miss.Code Ann. §§ 43-15-5, 43-15-7, 43-15-13, 43-15-17, and 93-15-107(2) (1999).”
Mississippi Dep't of Human Servs. v. W.A., 758 So. 2d 402 (Miss. 2000). “See Miss.Code Ann. §§ 43-15-5, 43-15-7, 43-15-13, 43-15-17, and 93-15-107(2) (1999).”
Mississippi Dep't of Human Servs. v. D.C. (Miss. 2019). “See Miss. Code Ann. § 43-15-5 (Rev. 2015) (“The Department of Human Services shall have authority and it shall be its duty to administer or supervise all public child welfare services .”
Perry v. Mississippi Dep't of Child Prot. Servs. (N.D. Miss. 2025). “16, 2019); Bowen v. Keyes, No. 3:20-CV-296-DPJ-FKB, 2020 WL 4228160 , at *5 (S.”
Andrew Cornell f/k/a Andrew Faulkner v. Mississippi Dep't of Human Servs., 374 So. 3d 1217 (Miss. Ct. App. 2023). “This Court explained that “[in order] [t]o carry out these duties, [M]DHS has developed formal guidelines and procedures for the provision of social services in the areas of personal protection, prevention of abuse and neglect, and placement of children in out-of-home settings.”
Miss. Code Ann. § 43-15-5(1): 1 case
Mississippi Dep't of Human Servs. v. S.W., 111 So. 3d 630 (Miss. Ct. App. 2012). “See Miss.Code Ann. § 43-15-5. 16 As noted, the record shows DHS placed S.”
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