Text of MS HB 1489 (2023)

MISSISSIPPI LEGISLATURE 2023 Regular Session To: Judiciary B By: Representative Gunn House Bill 1489 AN ACT TO ESTABLISH THE "FAMILIES' RIGHTS AND RESPONSIBILITIES ACT OF 2023"; TO DEFINE TERMINOLOGY USED HEREIN; TO ESTABLISH THAT A PARENT'S LIBERTY TO DIRECT THE UPBRINGING, EDUCATION, HEALTH CARE AND MENTAL HEALTH OF HIS OR HER CHILD IS A FUNDAMENTAL RIGHT; TO PROHIBIT THE STATE OR ANY POLITICAL SUBDIVISION THEREOF FROM SUBSTANTIALLY BURDENING A PARENT'S FUNDAMENTAL RIGHT WITHOUT DEMONSTRATING THAT THE BURDEN IS REQUIRED BY A COMPELLING GOVERNMENTAL INTEREST; TO PROVIDE THAT ALL PARENTAL RIGHTS ARE EXCLUSIVELY RESERVED TO A PARENT OF A CHILD WITHOUT OBSTRUCTION BY OR INTERFERENCE FROM THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; TO PROVIDE THAT ABUSE OR NEGLECT OF A CHILD BY A PARENT OR THE ACTION OR DECISION OF A PARENT THAT WOULD END LIFE ARE NOT AUTHORIZED BY THIS ACT; TO PROHIBIT EMPLOYEES OF THIS STATE AND ANY POLITICAL SUBDIVISION THEREOF, EXCEPT FOR LAW ENFORCEMENT PERSONNEL, FROM ENCOURAGING OR COERCING A CHILD TO WITHHOLD INFORMATION FROM THE CHILD'S PARENT; TO FURTHER PROHIBIT SUCH EMPLOYEES FROM WITHHOLDING INFORMATION THAT IS RELEVANT TO A CHILD'S PHYSICAL, EMOTIONAL OR MENTAL HEALTH FROM A CHILD'S PARENT; TO REQUIRE THE BOARD OF EDUCATION OF A SCHOOL DISTRICT TO DEVELOP AND ADOPT A POLICY TO PROMOTE THE INVOLVEMENT OF PARENTS OF CHILDREN ENROLLED IN THE DISTRICT'S SCHOOLS; TO PRESCRIBE THE MINIMUM REQUIREMENT PROCEDURES TO BE ADDRESSED BY THE POLICY; TO PROVIDE THE BOARD OF EDUCATION OF A SCHOOL DISTRICT WITH THE DISCRETION TO ADOPT A POLICY TO PROVIDE TO PARENTS THE INFORMATION IN AN ELECTRONIC FORM; TO REQUIRE PARENTS TO SUBMIT A WRITTEN OR ELECTRONIC REQUEST FOR THE CHILD'S INFORMATION TO THE SCHOOL PRINCIPAL OR THE SUPERINTENDENT OF THE SCHOOL DISTRICT; TO REQUIRE THE SCHOOL PRINCIPAL OR SUPERINTENDENT TO PROVIDE THE REQUESTED INFORMATION TO THE PARENTS WITHIN TEN DAYS OF RECEIVING THE REQUEST, OR SUBMIT TO THE PARENT A WRITTEN EXPLANATION OF THE REASONS FOR THE DENIAL OF THE REQUESTED INFORMATION; TO PRESCRIBE THE PROCESS BY WHICH A PARENT MAY SUBMIT A FORMAL CONSIDERATION OF THE REQUEST OF INFORMATION WITH THE SCHOOL BOARD IF THE REQUESTED INFORMATION IS NOT RECEIVED 15 DAYS AFTER SUBMITTING THE INITIAL REQUEST; TO STIPULATE THE LIMITATIONS PLACED UPON PERSONS, CORPORATIONS, ASSOCIATIONS, ORGANIZATIONS, STATE SUPPORTED INSTITUTIONS OR INDIVIDUALS EMPLOYED BY ANY OF THESE ENTITIES TO PROVIDE ANY MEDICAL OR MENTAL HEALTH SERVICE OR PROCEDURE ON A CHILD WITHOUT FIRST OBTAINING THE CONSENT OF THE CHILD'S PARENT, EXCEPT AS OTHERWISE PROVIDED BY LAW OR COURT ORDER; TO PRESCRIBE EXCEPTIONS TO THE LIMITATION WHEN PARENTAL CONSENT IS NOT CAPABLE OF BEING GIVEN OR IN EMERGENCY SITUATIONS WHEN IMMINENT BODILY HARM OR DEATH COULD RESULT; TO SPECIFY THE MANNER BY WHICH PARENTAL CONSENT MUST BE VERIFIED IF TELEMEDICINE IS PROVIDED; TO ESTABLISH A CAUSE OF ACTION FOR VIOLATION OF THIS ACT; TO PROVIDE THAT THIS ACT SHALL SERVE AS A DEFENSE TO ANY CAUSE OF ACTION THAT IS RAISED AS A RESULT OF A VIOLATION THEREOF; TO PROVIDE THAT THE RULES OF CONSTRUCTION SHALL PROVIDE BROAD PROTECTION OF A PARENT'S FUNDAMENTAL RIGHTS AS INALIENABLE UNLESS THOSE RIGHTS HAVE BEEN LEGALLY WAIVED OR LEGALLY TERMINATED; TO PROVIDE FOR SEVERABILITY IF ANY PART OF THIS ACT IS HELD INVALID; TO AMEND SECTION 37-3-49, MISSISSIPPI CODE OF 1972, TO PROVIDE THE PARENT OF EACH PUBLIC SCHOOL STUDENT WITH THE RIGHT TO RECEIVE EFFECTIVE COMMUNICATION FROM THE SCHOOL PRINCIPAL AS TO THE MANNER IN WHICH INSTRUCTIONAL MATERIALS ARE USED TO IMPLEMENT THE SCHOOL'S CURRICULAR OBJECTIVES; TO AMEND SECTION 37-13-173, MISSISSIPPI CODE OF 1972, TO PROVIDE PARENTS THE AUTHORITY TO OPT THEIR CHILDREN OUT OF ANY INSTRUCTION OF THE SCHOOL DISTRICT'S COMPREHENSIVE HEALTH EDUCATION RELATING TO SEX EDUCATION UPON SUBMITTING A WRITTEN REQUEST TO THE SCHOOL PRINCIPAL; TO AMEND SECTION 37-15-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STUDENT AND PARENTAL RIGHTS TO EDUCATION RECORDS CREATED, MAINTAINED, OR USED BY PUBLIC EDUCATIONAL INSTITUTIONS AND AGENCIES SHALL BE PROTECTED; TO STIPULATE THAT STUDENTS AND THEIR PARENTS MAINTAIN THE RIGHT TO ACCESS THE STUDENT'S EDUCATIONAL RECORDS, WAIVE ACCESS TO SUCH RECORDS, CHALLENGE THE CONTENT OF SUCH RECORDS, PRIVACY OF SUCH RECORDS AND TO RECEIVE ANNUAL NOTICE OF THE RIGHTS TO SUCH RECORDS; TO BRING FORWARD SECTION 43-21-105, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Families' Rights and Responsibilities Act of 2023." SECTION 2. As used in this act, the following terms shall have the meaning ascribed in this section unless context of usage requires otherwise: (a) "Child" means an individual under the age of eighteen (18). The term does not include any child who has been adjudicated as a legally emancipated minor in accordance with state law by a court of competent jurisdiction. (b) "Curriculum" includes all textbooks, reading materials, handouts, videos, presentations, digital materials, websites, online applications, digital applications for a phone, laptop or tablet, questionnaires, surveys, or other written or electronic materials that have been or will be assigned, distributed or otherwise presented physically or virtually to students in a class or course. (c) "Educational records" includes attendance records, test scores of school-administered tests and state-wide assessments, grades, extracurricular activity or club participation, e-mail accounts, online or virtual accounts or data, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information including any medical records maintained by a health clinic or medical facility operated or controlled by the school district or located on district property, teacher and counselor evaluations, and reports of behavioral patterns. (d) "Parent" means a biological parent of a child, an adoptive parent of a child, or an individual who has been granted exclusive right, guardianship and authority over the welfare of a child under state law. (e) "Substantial burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the right of a parent to direct the upbringing, education, health care and mental health of that parent's child, or compels any action contrary to the right of a parent to direct the upbringing, education, health care and mental health of that parent's child. The term includes, but is not limited to, withholding benefits, assessing criminal, civil or administrative penalties or damages, or exclusion from governmental assistance programs. SECTION 3. Parental Rights are Fundamental. (1) The liberty of a parent to direct the upbringing, education, health care and mental health of that parent's child is a fundamental right. (2) Except as otherwise provided by statute, this state, any political subdivision of this state or any other governmental entity shall not substantially burden the fundamental right of a parent to direct the upbringing, education, health care and mental health of that parent's child without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest. SECTION 4. Rights and Responsibilities. (1) All parental rights are exclusively reserved to a parent of a child without obstruction by or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including without limitation, the following rights and responsibilities: (a) To direct the education of the child, including the right to choose public, private, religious or home schools, and the right to make reasonable choices within public schools for the education of the child; (b) To access and review all written and electronic educational records relating to the child that are controlled by or in the possession of a school; (c) To direct the upbringing of the child; (d) To direct the moral or religious training of the child; (e) To make and consent in writing to all physical and mental health care decisions for the child; (f) To access and review all health and medical records of the child; (g) To consent in writing before a biometric scan of the child is made, shared or stored; (h) To consent in writing before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored or shared, unless authorized pursuant to a court order; (i) To consent in writing before any governmental entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of: (i) A court proceeding; (ii) A law enforcement investigation; (iii) A forensic interview in a criminal or Department of Child Protection Services investigation; (iv) The security or surveillance of buildings or grounds; or (v) A photo identification card; (j) To be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity or any other institution suspects that abuse, neglect or any criminal offense has been committed against the child; (k) To opt the child out of any personal analysis, evaluation, survey or data collection by a school district that would capture data for inclusion in the state longitudinal student data system except what is necessary and essential to establish a student's educational record; (l) The right to have the child excused from school attendance for religious purposes; and (m) The right to participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a school district. (2) This section does not authorize or allow a parent to abuse or neglect a child as defined in Section 43-21-105. This section does not apply to a parental action or decision that would end life. This section does not prohibit a court from issuing an order that is otherwise permitted by law. (3) No employee of this state, any political subdivision of this state, or any other governmental entity, except for law enforcement personnel, shall encourage or coerce a child to withhold information from the child's parent. Nor shall any such employee withhold from a child's parent information that is relevant to the physical, emotional or mental health of the child. SECTION 5. Educational Involvement. (1) The board of education of a school district, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the schools within the school district, including: (a) A plan for parent participation in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline; (b) Procedures by which a parent may learn about the course of study for that parent's child and review all curriculum. These procedures shall allow a parent to: (i) Review a syllabus for each class or course that the parent's child is enrolled in at least seven (7) days before the start of each class or course. The syllabus shall include a written description of all topics and subjects taught in a class or course, and shall include a list of all curriculum used in the class or course, the identity of all individuals providing in-person or live remote instruction in the class or course, and a description of any assemblies, guest lectures, field trips or other educational activities that are part of the class or course; (ii) Review all curriculum for each class or course offered by the school and any teacher training materials at least three (3) days before the curriculum or materials being taught or used for instruction is presented to students; (iii) Copy and record information from the curriculum and teacher training materials; and (iv) Meet with the teacher of the class or course, the principal, or other representative from the school to discuss the curriculum and teaching training materials. (c) Procedures to notify a parent at least three (3) days in advance and obtain the parent's written consent before the parent's child attends any instruction or presentation that has the goal or purpose of studying, exploring or informing students about gender roles or stereotypes, gender identity, gender expression, sexual orientation or romantic or sexual relationships; (d) Procedures by which a parent who objects to any specific instruction or presentation on the basis that it is harmful may withdraw that parent's child from the instruction or presentation. Objection to a specific instruction or presentation on the basis that it is harmful includes, but is not limited to, objection to a material or activity because it questions beliefs or practices regarding sex, morality or religion; (e) Procedures by which a parent may learn about the nature and purpose of clubs and extracurricular activities that have been approved by the school and may withdraw that parent's child from any club or extracurricular to which the parent objects; (f) Procedures by which a parent must provide written consent before their child uses a name or nickname other than their legal name, or before a child uses a pronoun that does not align with the child's sex. However, even if a parent provides written consent, no person shall be compelled to use pronouns that do not align with the child's sex; and (g) Procedures by which a parent may learn about parental rights and responsibilities under the laws of this state. (2) The board of education of a school district may adopt a policy to provide to parents the information required by this section in an electronic form. (3) A parent shall submit a written or electronic request for information pursuant to this section to either the school principal or the superintendent of the school district. Within ten (10) days of receiving the request for information, the school principal or the superintendent shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for the denial of the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen (15) days after submitting the request for information, the parent may submit a written request for the information to the board of education of the school district, which shall formally consider the request at the next scheduled public meeting of the board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the board of education shall formally consider the request at the next subsequent public meeting of the board. SECTION 6. Medical and Mental Health Care. (1) Except as otherwise provided by law or court order, a person, corporation, association, organization, state-supported institution or individual employed by any of these entities must obtain the consent of a parent of a child before taking any of the following actions: (a) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing surgical procedures upon a child; (b) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a physical examination upon a child; (c) Prescribing or dispensing any medication or prescription drugs to a child; or (d) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a mental health evaluation in a clinical or nonclinical setting, or mental health treatment on a child. (2) If the parental consent pursuant to subsection (1) is given through telemedicine, the person or entity obtaining parental consent must verify the identity of the parent at the site where the consent is given. (3) The provisions of this section shall not apply when it has been determined by a physician that: (a) An emergency exists; and (b) Either of the following conditions is true: (i) It is necessary to perform an activity listed in subsection (1) in order to prevent death or imminent irreparable physical injury to the child; or (ii) A parent of the child cannot be located or contacted after a reasonably diligent effort. (4) The provisions of this section do not apply to an abortion, which shall be governed by Chapter 41, Title 41, Mississippi Code of 1972, nor shall this section apply to any services or treatments provided to facilitate gender transition or the performance of gender transition procedures as defined in Section 2, House Bill 1125, 2023 Regular Session. SECTION 7. Cause of Action. (1) A parent may bring suit for any violation of this act and may raise the act as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person or any other party. (2) Notwithstanding any other provision of law, an action under this act may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies. (3) Any person who successfully asserts a claim or defense under this act may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' fees and costs, and any other appropriate relief. (4) Sovereign, governmental and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this act. SECTION 8. Rules of Construction. (1) Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. The protections of the fundamental right of parents to direct the upbringing, education, health care and mental health of their child afforded by this act are in addition to the protections provided under federal law, state law, and the state and federal constitutions. (2) This act shall be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care and mental health of their child. (3) Nothing in this act shall be construed to authorize any government to burden the fundamental right of parents to direct the upbringing, education, health care and mental health of their child. (4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in this act shall be construed to grant that child's parent an affirmative right of access to that procedure or service on that child's behalf. (5) State statutory law adopted after the date of the enactment of this act is subject to this act unless such law explicitly excludes such application by reference to this act. SECTION 9. Severability Clause. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable. SECTION 10. Section 37-3-49, Mississippi Code of 1972, is amended as follows: 37-3-49. (1) The State Department of Education shall provide an instructional program and establish guidelines and procedures for managing such program in the public schools within the school districts throughout the state as part of the State Program of Educational Accountability and Assessment of Performance as prescribed in Section 37-3-46. Public school districts may (a) elect to adopt the instructional program and management system provided by the State Department of Education, or (b) elect to adopt an instructional program and management system which meets or exceeds criteria established by the State Department of Education for such. This provision shall begin with the courses taught in Grades K-8 which contain skills tested through the Mississippi Basic Skills Assessment Program and shall proceed through all secondary school courses mandated for graduation and all secondary school courses in the Mississippi end-of-course testing program. Other state core objectives must be included in the district's instructional program as they are provided by the State Department of Education along with instructional practices, resources, evaluation items and management procedures. Districts are encouraged to adapt this program and accompanying procedures to all other instructional areas. The department shall provide that such program and guidelines, or a program and guidelines developed by a local school district which incorporates the core objectives from the curriculum structure are enforced through the performance-based accreditation system. It is the intent of the Legislature that every effort be made to protect the instructional time in the classroom and reduce the amount of paperwork which must be completed by teachers. The State Department of Education shall take steps to insure that school districts properly use staff development time to work on the districts' instructional management plans. (2) The State Department of Education shall provide such instructional program and management guidelines which shall require for every public school district that: (a) All courses taught in Grades K-8 which contain skills which are tested through the Mississippi Basic Skills Assessment Program, all secondary school courses mandated for graduation, and all courses in the end-of-course testing program shall include the State Department of Education's written list of learning objectives. (b) The local school board must adopt the objectives that will form the core curriculum which will be systematically delivered throughout the district. (c) The set of objectives provided by the State Department of Education must be accompanied by suggested instructional practices and resources that would help teachers organize instruction so as to promote student learning of the objectives. Objectives added by the school district must also be accompanied by suggested instructional practices and resources that would help teachers organize instruction. The instructional practices and resources that are identified are to be used as suggestions and not as requirements that teachers must follow. The goal of the program is to have students to achieve the desired objective and not to limit teachers in the way they teach. (d) Standards for student performance must be established for each core objective in the local program and those standards establish the district's definition of mastery for each objective. (e) There shall be an annual review of student performance in the instructional program against locally established standards. When weaknesses exist in the local instructional program, the district shall take action to improve student performance. (3) The parent of each public school student has the right to receive effective communication from the school principal as to the manner in which instructional materials are used to implement the school's curricular objectives, in accordance with the provisions of Section 5 of this act. ( * * *34) The State Board of Education and the board of trustees of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare. ( * * *45) This section shall not be construed to limit teachers from using their own professional skills to help students master instructional objectives, nor shall it be construed as a call for more detailed or complex lesson plans or any increase in testing at the local school district level. ( * * *56) Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (2) of this section. SECTION 11. Section 37-13-173, Mississippi Code of 1972, is amended as follows: 37-13-173. (1) Each school providing instruction or any other presentation on human sexuality in the classroom, assembly or other official setting shall be required to provide no less than * * *one (1) week's three (3) days' written notice thereof to the parents of children in such programs of instruction. The written notice must inform the parents of their right to request the inclusion of their child for such instruction or presentation. The notice also must inform the parents of the right, and the appropriate process, to review the curriculum and all materials to be used in the lesson or presentation. (2) Upon the written request of any parent or legal guardian to the school principal to exempt his or her child from the teaching of reproductive health or any disease, including HIV/AIDS, in accordance with the provisions of Section 37-13-171, the school shall excuse the parent's child from such instruction or presentation, without detriment to the student. SECTION 12. Section 37-15-3, Mississippi Code of 1972, is amended as follows: 37-15-3. (1) * * *Such The cumulative folders as are provided for in Section 37-15-1 shall be kept in the school wherein the pupils are in attendance. Both the permanent records and the cumulative folders shall be available to school officials, including teachers within the school district who have been determined by the school district to have legitimate educational interests. In no case, however, shall such records be available to the general public. (2) The rights of students and their parents or legal guardians with respect to education records created, maintained, or used by public educational institutions and agencies shall be protected. Transcripts of courses and grades may be furnished when requested by the parent or guardian or eligible pupil as prescribed in the Family Educational Rights and Privacy Act of 1974, as amended, 20 USCS Section 1232g, the implementing regulations issued pursuant thereto, and this section, provided the following: (a)  Students and their parents shall have the right to access their education records, including the right to inspect and review those records; (b)  Students and their parents shall have the right to waive their access to their education records in certain circumstances; (c)  Students and their parents shall have the right to challenge the content of education records in order to ensure that the records are not inaccurate, misleading or otherwise a violation of privacy or other rights; (d)  Students and their parents shall have the right of privacy with respect to such records and reports; and (e)  Students and their parents shall receive annual notice of their rights with respect to education records. (3) * * *Such The records shall be kept for each pupil throughout his entire public school enrollment period. In the event a pupil transfers to a public school, including a charter school, then the cumulative folder shall be furnished to the head of the school to which the pupil transfers; if a pupil transfers to a private school, then a copy of the cumulative folder shall be furnished to the head of the school to which the pupil transfers. The permanent record shall be kept permanently by the school district from which the pupil transferred. (4) At no time may a permanent record of a student be destroyed, but cumulative folders may be destroyed by order of the school board of the school district in not less than five (5) years after the permanent record of the pupil has become inactive and has been transferred to the central depository of the district. * * *Provided, However, * * *that where a school district makes complete copies of inactive permanent records on photographic film, microfilm * * *, or any other acceptable form of medium for storage which may be reproduced as needed, * * *such those permanent records may be destroyed after the photographic film or microfilm copy has been stored in the central depository of the district. SECTION 13. Section 43-21-105, Mississippi Code of 1972, is brought forward as follows: 43-21-105. The following words and phrases, for purposes of this chapter, shall have the meanings ascribed herein unless the context clearly otherwise requires: (a) "Youth court" means the Youth Court Division. (b) "Judge" means the judge of the Youth Court Division. (c) "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services or the Mississippi Department of Child Protection Services to be his designee. (d) "Child" and "youth" are synonymous, and each means a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter. (e) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted. (f) "Guardian" means a court-appointed guardian of the person of a child. (g) "Custodian" means any person having the present care or custody of a child whether such person be a parent or otherwise. (h) "Legal custodian" means a court-appointed custodian of the child. (i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act. (j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior. (k) "Child in need of supervision" means a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child: (i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or (ii) While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or (iii) Runs away from home without good cause; or (iv) Has committed a delinquent act or acts. (l) "Neglected child" means a child: (i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or (ii) Who is otherwise without proper care, custody, supervision or support; or (iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or (iv) Who, for any reason, lacks the care necessary for his health, morals or well-being. (m) "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section. "Abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child. (n) "Sexual abuse" means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened. (o) "A child in need of special care" means a child with any mental or physical illness that cannot be treated with the dispositional alternatives ordinarily available to the youth court. (p) A "dependent child" means any child who is not a child in need of supervision, a delinquent child, an abused child or a neglected child, and which child has been voluntarily placed in the custody of the Department of Child Protection Services by his parent, guardian or custodian. (q) "Custody" means the physical possession of the child by any person. (r) "Legal custody" means the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person. (s) "Detention" means the care of children in physically restrictive facilities. (t) "Shelter" means care of children in physically nonrestrictive facilities. (u) "Records involving children" means any of the following from which the child can be identified: (i) All youth court records as defined in Section 43-21-251; (ii) All forensic interviews conducted by a child advocacy center in abuse and neglect investigations; (iii) All law enforcement records as defined in Section 43-21-255; (iv) All agency records as defined in Section 43-21-257; and (v) All other documents maintained by any representative of the state, county, municipality or other public agency insofar as they relate to the apprehension, custody, adjudication or disposition of a child who is the subject of a youth court cause. (v) "Any person responsible for care or support" means the person who is providing for the child at a given time. This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services or the Department of Child Protection Services. (w) The singular includes the plural, the plural the singular and the masculine the feminine when consistent with the intent of this chapter. (x) "Out-of-home" setting means the temporary supervision or care of children by the staff of licensed day care centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations. (y) "Durable legal custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties as enumerated are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children. (z) "Status offense" means conduct subject to adjudication by the youth court that would not be a crime if committed by an adult. (aa) "Financially able" means a parent or child who is ineligible for a court-appointed attorney. (bb) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological or psychiatric evaluation, records review, clinical interview or the administration of a formal test and instrument. (cc) "Screening" means a process, with or without the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment. (dd) "Durable legal relative guardianship" means the legal status created by a youth court order that conveys the physical and legal custody of a child or children by durable legal guardianship to a relative or fictive kin who is licensed as a foster or resource parent. (ee) "Relative" means a person related to the child by affinity or consanguinity within the third degree. (ff) "Fictive kin" means a person not related to the child legally or biologically but who is considered a relative due to a significant, familial-like and ongoing relationship with the child and family. (gg) "Reasonable efforts" means the exercise of reasonable care and due diligence by the Department of Human Services, the Department of Child Protection Services, or any other appropriate entity or person to use appropriate and available services to prevent the unnecessary removal of the child from the home or provide other services related to meeting the needs of the child and the parents. (hh) "Commercial sexual exploitation" means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose. SECTION 14. This act shall take effect and be in force from and after July 1, 2023.