Licensing agencies; powers and duties

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  1. The licensing agency shall have the following powers and duties, in addition to the other duties prescribed by law:
    1. To adopt the licensing standards set forth by the Juvenile Detention and Alternatives Taskforce's 2014 report;
    2. To promulgate future rules and regulations concerning the licensing and regulation of juvenile detention facilities;
    3. To issue, deny, suspend, revoke, restrict, or otherwise take disciplinary action against juvenile detention facilities;
    4. To provide the training required by the rules and regulations promulgated by the licensing agency to all facility administrators and facility staff; and
    5. To have such other powers as may be required to carry out the provisions of Sections 43-21-901 through 43-21-915.
  2. The licensing agency shall require a criminal records background check and a child abuse registry check for all facility administrators and facility staff of a juvenile detention facility. The Department of Human Services has the authority to disclose to the licensing agency any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential.
  3. The licensing agency shall have the authority to exclude individuals or entities for prospective or current employment on the basis of a particular crime or crimes or a substantiated finding of child abuse or neglect.
  4. Information in the possession of the licensing agency concerning the license of a juvenile detention facility may be disclosed to the public, but the information shall not be disclosed in a manner that would identify children detained in the facility. Nothing in this section affects the agency's authority to release findings of investigations into allegations of abuse under either Section 43-21-353(8) or Section 43-21-257.
  5. The Mississippi Department of Education is responsible for promulgating rules and regulations related to the education of all children housed in a juvenile detention facility. The Mississippi Department of Education must conduct inspections of the facility's educational services at least annually or more often as deemed necessary. After each inspection, the department must provide the licensing agency with its determination of the facility's compliance with the education provisions. The licensing agency shall use the information in its determination of the facility's eligibility for licensure.


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