MISSISSIPPI

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WHO:        ANY person MUST report if s/he has reasonable cause to suspect that a child is neglected or abused.  [Code Ann. § 43-21-353(1)]

These are mandatory (MUST report): • Attorneys • Physicians, dentists, interns, residents, or nurses • Psychologists, social workers, family protection workers, family protection specialists child caregivers • Ministers • Law enforcement officers •  Public or private school employees.  [Code Ann. § 43-21-353(1)]

·       NOTE: the mandate is not limited to observations during professional duties.

·       STANDARD:  [Code Ann. §§ 43-21-353(1); 43-21-105(d)]  Child and youth both mean: under age 18, unmarried, and not on active duty in the armed services.

o    For all reporters: reasonable cause to suspect a child is neglected or abused.

·       PRIVILEGE:  Privilege for confidential communications (e.g., attorney-client, clergy-penitent, etc.) is NOT addressed in the statutes reviewed.

WHEN:      For all reporters: IMMEDIATE oral or online report (< 48 hours for school personnel), then a written report AS SOON AS POSSIBLE.  [Code Ann. § 43-21-353(1)] 

WHERE & HOW: (1) oral by phone or otherwise to the central intake hotline of Mississippi Department of Child Protection Services (MDCPS) [formerly in Department of Human Service (DHS)], then (2) a written report.  [Code Ann. § 43-21-353(1),(3)]

BUT in LIFE-THREATENING EMERGENCIES: 

·        Call 911 or local law enforcement immediately; report afterward. A law enforcement directory is at https://www.usacops.com/ms/

INITIAL REPORT OPTIONS: 

·        Emergency:  1-800-222-8000 or (601) 432-4570, 24/7 hotline.  It also accepts non-emergency calls, and advises on contacting another state if the abuse is there.

o   Reporters in the professional list MUST report orally by phone or otherwise first, and follow with a written report. [Code Ann. § 43-21-353(1),(3)]  The intake specialist can provide the preferred option(s) for written follow-up. 

·        Non-emergency:  online at https://reportabuse.mdcps.ms.gov/

·        Mobile App:  “MDCPS Report Child Abuse” (Apple app store or Google Play).

·        On site:  A reporter who comes to a county office will be told how to call the hotline and given phone access.  If s/he does not report, staff will do so immediately. A county office directory is at https://www.mdcps.ms.gov/connect-us/office-locations

FOLLOW-ON WRITTEN REPORTS: 

for contact info: https://www.ms.gov/Agencies/department-child-protection-services

·        Send to MDCPS.      To consult: (601) 359-4368; or contact.us@mdcps.ms.gov

o   Mailing Address:  P.O. Box 346, 660 North Street, Jackson, MS 39205.

o   The online portal and mobile app are also in text form.

RESOURCES:    https://www.mdcps.ms.gov/contact/  and   https://www.ms.gov/node/104  

OTHER ASPECTS

·       REPORT DETAILS: Internal reports by MDCPS MUST contain if known: (1) names and addresses of the child, parents, or other caretakers; (2) the child's age; (3) nature and extent of injuries, and any evidence of prior ones; (4) any other info that might help establish the injury’s cause and perpetrator’s identity; (5) material witness names and addresses, including the reporter’s if relevant. [Code Ann. § 43-21-353(5)]  Intake will also ask: (6) caretaker info; (7) school info; (8) child’s race and sex; (9) alleged perpetrator’s name, (10) risks for workers (home drug lab; weapons; domestic violence; etc.); (11) whether abuse injured or killed a child, and if a physician certified that.  [https://reportabuse.mdcps.ms.gov/]  Intake may also ask: (12) how to locate the family; (13) whether the person caring for the child is a suspected perpetrator; (14) access of alleged perpetrator to child; (15) if facts fit state statutes for abuse and/or neglect; (16) history of family or household; (17) caregiver’s history or ability; (18) history of abuse and neglect; (19) household members’ criminal history, if known; (20) victim’s mental & physical capabilities / limits; (21) family dynamics, if known (traditions, culture, strengths and weaknesses; (22) if the family has a tribal affiliation.  [p. 199 of Mississippi DFCS Policy Manual, Section A Administration, Rev. 8/19/2016]

·       REPORTER PROTECTION: (1) Reports by MDCPS must give the reporter’s name and address IF s/he was a material witness and gave that info.  [Code Ann. § 43-21-353(5)(d)]   (2) The reporter’s identity is disclosed only to law enforcement or prosecutors except by court order for testimony.  [Code Ann. § 43-21-353(1),(4)]  (3) Anyone reporting in good faith is immune from civil and criminal liability for the report and any judicial proceedings; good faith is presumed.  [Code Ann. § 43-21-355]

WHY:        Willfully failing to report, or otherwise violating the reporting law is punishable by a < $5,000 fine and/or < 1 year imprisonment in jail.  [Code Ann. § 43-21-353(7)]  

WHAT:      Mississippi defines abuse as sexual abuse, sexual exploitation, emotional abuse, mental injury, physical injury, other maltreatment, or human trafficking; and defines neglect as non-provision, lack of supervision, lack of mental health care, non-care for well-being, or aiding or permitting abuse or neglect or delinquency. [Code Ann. §§ 43-21-105(l),(m)]

Initial Screening Criteria (at MDCPS): are whether: (a) the family can be located (or their county identified); (b) the alleged perpetrator is a parent, guardian, caretaker who is a relative age 12 or more, other caretaker, foster care provider, other legal caretaker, or whether the parent guardian permits abuse/neglect, or fails to protect the child from maltreatment, or has a relationship that gives the alleged perpetrator access to the child; (c) whether alleged maltreatment meets statutory or DFCS criteria; and (d) the child has been harmed or is at risk of it.  [Mississippi, DFCS Policy Manual, Section B, Intake & Assessment (rev. 4/3/2013), p. 22-23 at https://sos.ms.gov/ACProposed/00019451b.pdf]

·        All reports of positive drug screens for mother and/or infant are screened in. Reports are prioritized based on criteria under Code Ann. §§ 43-21- 353; 97-5-39.

·        Level One is screened out, and may be referred for info or services. Level Two is screened in but not considered felony child abuse, or the child is not a foster child (investigation begins within 72 hours). Level Three is screened in, considered felony child abuse, or the child is a foster child (investigation begins within 24 hrs.). 

Reportable: (1) a parent, guardian, custodian, or any other person responsible for the child for sexual abuse, sexual exploitation, emotional abuse, mental injury, non-accidental physical injury, other maltreatment, trafficking a child, non-provision, lack of supervision, untreated mental health, non-care for well-being, or aiding or permitting abuse or neglect or delinquency; or (2) anyone else for trafficking.  [See items below.]  NOTE: Abusers outside this description may be committing a crime reportable to police.

·        Parent means by birth or adoption. Guardian means a court-appointed guardian for the child. Custodian means anyone (parent or not) with current care or custody of a child. Person responsible for care or support means a child’s provider at a given time, such as: stepparent, foster parent, relative, babysitter, or staff of licensed residential care facilities or licensed group homes.  [Code Ann. § 43-21-105(e)-(g),(v)]

Abuse means that a parent, guardian, custodian, or any other person responsible for the child’s care or support, whether legally obligated to protect the child or not, caused or allowed, sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. Abuse ALSO includes anyone trafficking a child (Mississippi Human Trafficking Act). [Code Ann. § 43-21-105(m)]   

·        However, physical discipline, including spanking, of a child in a reasonable manner by a parent, guardian or custodian is NOT abuse.  [Code Ann. § 43-21-105(m)]   

(A)     Sexual abuse includes rape, molestation, and incest. It is inappropriate touching by a friend, family member, someone with an ongoing relationship, and/or a stranger. Examples include: (a) touching the genital area; (b) penetration; (c) allowing a child to view or participate in porn; (d) prostitution, selling a child for money, drugs, etc.; (e) coercing oral sex; and (f) masturbation or sex in a child’s presence.  [Code Ann. § 43-21-105(n)]

(1)     CONTEXT: THE AGE OF CONSENT is 16, but is 18 if the partner has a position of trust or authority over the child. Underage sex is a crime for penetration (“sexual battery”) or any sexual intercourse (“statutory rape”) for: (a) a child age 14 or 15 with a partner older by 36 months or more; or (b) a child under age 14 with a partner older by 24 months or more. Underage spouses are exempt, but not by force or mentally debilitating substances.  [Code Ann. §§ 97-3-95; -65]

(2)     TRUST / AUTHORITY: teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader, or coach; etc.  [Code Ann. §§ 97-3-95(2)]

(3)     CONTEXT: INCEST means marriage, cohabitation, living as husband and wife, adultery, or fornication, with one’s: (a) parent or stepparent; (b) grandparent; (c) brother, sister, half-brother, or half-sister; (d) child, adopted child, or stepchild; (e) grandchild or step-grandchild; (f) parent’s brother or sister; (g) first cousin; (h) child’s spouse; or (i) nephew or niece.  [Code Ann. §§ 97-29-5; 93-1-1]  [NOTE: § 93-1-1(1) forbids the opposite-sex pairings; § 93-1-1(2) forbids same-sex generally but is unconstitutional by Obergefell v. Hodges, 576 U.S. 644 (2015).]

(B)     Sexual exploitation includes (a) making commercial obscene or porn photos, films or images; (b) prostitution; and (c) other sexual exploitation under circumstances that harm or threaten a child’s health or welfare.  [Code Ann. § 43-21-105(n)]

(C)     Emotional or verbal abuse is hurtful words or actions and hard to identify. Examples are: (a) name calling; (b) belittling; (c) destroying a child’s things or pets; (d) threats to harm the child or someone s/he cares about; (e) locking a child in a small space; (f) rejection; or (g) isolation. 

(D)     Mental injury is not defined in the statute. In child abuse law elsewhere it often means injury to psychological or intellectual capacity, evidenced by substantial observable functional impairment relative to the child’s normal range of performance in light of his/her age and stage of development, with due regard to the child’s culture. 

(E)     Non-accidental physical Injury may be bruises, abrasions, broken bones, internal injuries, burns, missing teeth, or skeletal injuries. Other examples are: (a) hitting or slapping with a cord, hand, belt, fist, handle, brush, etc.; (b) scalding; (c) cutting a child with a sharp object; (d) shaking, twisting or yanking arms or legs; (e) taping a child’s mouth; (f) tying up a child; or (g) throwing a child.  [Code Ann. § 43-21-353(1); https://www.mdcps.ms.gov/programs/child-abuse-prevention/legal-definitions-reporting-abuse-and-neglect]

(1)     It is a felony to intentionally cause serious bodily harm to a child by: (i) burning; (ii) torturing; or, (iii) except in defense of oneself or a third party, whipping, striking or otherwise abusing or mutilating the child.  [Code Ann. § 97-5-39(2)(a)]

(F)     Other maltreatment may include child endangerment by (a) a parent, legal guardian or caretaker who (b) knowingly causing or permitting the presence of a child where (c) anyone sells, manufactures or possesses precursors or chemicals with intent to manufacture, sell or possess a controlled substance.  [Code Ann. § 97-5-39(2)(b)(i)]

(G)    Human trafficking is to knowingly do or attempt to: (a) recruit, entice, harbor, transport, provide or obtain by any means, a minor to engage in commercial sexual activity, sexually-explicit performance, or production of sexually oriented material; or (b) cause a minor to participate.  [Code Ann. §§ 43-21-105(m); 97-3-54.1(c)]

Neglect includes ANY of:  [Code Ann. §§ 43-21-105(l); 97-5-39(1)]

(A)     A parent, guardian, custodian, or anyone responsible for his/her care or support, is able to provide but refuses: needed care or support; mandatory education; or medical, surgical, or other care needed for his/her well-being.  [§ 43-21-105(l)]

(1)     RESTATEMENT: Deprivation of necessary food, clothing, shelter, health care or supervision appropriate to the child's age, resulting in substantial harm to his/her physical, mental or emotional health.  [§ 97-5-39(1)(b)]

(2)     CAVEAT:  It is NOT neglect if a parent treats a child’s medical condition by prayer alone in good faith, according to a recognized church.  [§ 43-21-105(l)]

(B)     The child otherwise lacks care, custody, supervision, or support.  [§ 43-21-105(l)]

(C)    For any reason, the child lacks special care needed for his/her mental condition, whether it is mental retardation or mental illness.  [§ 43-21-105(l)]

(D)    For any reason, the child lacks care for health, morals, or well-being.  [§ 43-21-105(l)]

(E)     A parent, guardian or other person by a willful act or omitted duty: (a) contributes to any child’s neglect, delinquency or abuse, or (b) knowingly aids him/her to escape or leave anyone’s guardianship or custody; (c) knowingly harbors, conceals, or assists any child to leave court-designated guardianship or custody.  [§ 97-5-39(1)(a)]

(F)     A parent, legal guardian or other person knowingly permits continuing physical or sexual abuse of a child.  [§ 97-5-39(1)(c)]