Mississippi Code
Miss. Code Ann. § 43-16-3 (2024)
Definitions
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
As used in this chapter, the following definitions shall apply unless the context clearly provides otherwise:
- (a) "Child" means a person who has not reached the age of eighteen (18) years or who has not otherwise been legally emancipated.
- (b) "Child residential home" means any place, facility or home operated by any person which receives children who are not related to the operators and whose parents or guardians are not residents of the same facility for supervision, care, lodging and maintenance for twenty-four (24) hours a day, with or without transfer of custody. This term does not include:
- (i) Residential homes licensed by the Department of Child Protection Services under Section 43-15-5;
- (ii) Any public school;
- (iii) Any home operated by a state agency;
- (iv) Child care facilities as defined in Section 43-20-5;
- (v) Youth camps as defined in Section 75-74-3;
- (vi) Health care facilities licensed by the State Department of Health; or
- (vii) The home of an attorney-in-fact operating under a power of attorney executed under Section 93-31-1 et seq.
- (c) "Department" shall mean the State Department of Health.
- (d) "Person" shall include an individual, partnership, organization, association or corporation.
Laws, 1989, ch. 493, § 2, eff. 7/1/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 55, eff. 7/1/2023.
Amended by Laws, 2016, ch. 501, SB 2493, 6, eff. 7/1/2016.
Notes of Decisions
Cited in 5
cases, 1992–1999 · leading case: Miller v. State, 740 So. 2d 858 (Miss. 1999).
Miller v. State, 740 So. 2d 858 (Miss. 1999). “Miss.Code Ann. § 43-16-3(a); § 43-17-3(c); § 43-21-105(d); § 43-23-3(c).”
McGilberry v. State, 741 So. 2d 894 (Miss. 1999). “The legislature has defined a “minor” as well as an “infant” as anyone under the age of twenty-one. Miss.Code Ann. § 1-3-27 (defining minor); § 1-3-21 (defining infant).”
McGilberry v. State, 741 So. 2d 894 (Miss. 1999). “The legislature has defined a "minor" as well as an "infant" as anyone under the age of twenty-one. Miss.Code Ann. § 1-3-27 (defining minor); § 1-3-21 (defining infant).”
Joshua Charles Miller v. State of Mississippi, No. 97-KA-01221-SCT (Miss. July 2, 1997). “Miss. Code Ann. §43-16-3 (a); § 43-17-3(c); §43- 21-105(d); § 43-23-3(c).”
Fountain v. State ex rel. Mississippi State Dep't of Health, 608 So. 2d 705 (Miss. 1992). “§ 43-16-3(b). The Bethel Baptist Children’s Home unequivocally falls within the realm of this definition; Fountain himself does not dispute this.”
Miss. Code Ann. § 43-16-3(a): 3 cases
Miller v. State, 740 So. 2d 858 (Miss. 1999). “Miss.Code Ann. § 43-16-3(a); § 43-17-3(c); § 43-21-105(d); § 43-23-3(c).”
McGilberry v. State, 741 So. 2d 894 (Miss. 1999). “The legislature has defined a “minor” as well as an “infant” as anyone under the age of twenty-one. Miss.Code Ann. § 1-3-27 (defining minor); § 1-3-21 (defining infant).”
McGilberry v. State, 741 So. 2d 894 (Miss. 1999). “The legislature has defined a "minor" as well as an "infant" as anyone under the age of twenty-one. Miss.Code Ann. § 1-3-27 (defining minor); § 1-3-21 (defining infant).”
Miss. Code Ann. § 43-16-3(b): 1 case
Fountain v. State ex rel. Mississippi State Dep't of Health, 608 So. 2d 705 (Miss. 1992). “§ 43-16-3(b). The Bethel Baptist Children’s Home unequivocally falls within the realm of this definition; Fountain himself does not dispute this.”
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