§ 43-47-1. Short title
This chapter shall be known and may be cited as the “Mississippi Vulnerable Persons Act of 1986.”
§ 43-47-11. Protective services plans; interference by caretaker; effect of lack of consent by vulnerable person
If, pursuant to an investigation instituted pursuant to Section 43-47-7, the department determines that a vulnerable person is in need of protective services, it shall prepare a plan of services, reviewing that plan with the vulnerable person and obtaining his consent in writing. When a caretaker of a vulnerable person who consents to the receipt […]
§ 43-47-13. Provision of services to vulnerable person lacking capacity to consent; petition for injunctive relief, hearing, and order; appointment of guardian or conservator
Every reasonable effort shall be made to secure the consent and participation of the vulnerable person in an evaluation and resolution of the need for protective services. If those efforts fail and if the department has reasonable cause to believe that a vulnerable person is being abused, neglected or exploited and lacks the capacity to […]
§ 43-47-15. Provision of services to alleviate an imminent danger; entry upon premises pursuant to court order; immunity from liability of petitioner acting in good faith
The department shall have the authority to provide immediate medical care, food, clothing, heat, shelter, supervision or other essential services in the absence of consent if it is determined that: The vulnerable person is in imminent danger of death or irreparable harm; Provision of emergency and/or protective services will alleviate the endangerment; and No other […]
§ 43-47-17. Right to bring motion for review of order
Notwithstanding any finding by the court of lack of capacity of the vulnerable person to consent, the vulnerable person or the individual, organization or agency designated to be responsible for the vulnerable person, if any, or the State Department of Public Welfare or the county welfare department, shall have the right to bring a motion […]
§ 43-47-18. Sexual battery or fondling of vulnerable person by health care employees or persons in position of trust or authority; penalties
A person who engages in sexual penetration with a vulnerable person is guilty of sexual battery if the person is a volunteer at, or an employee of, or contracted to work for, a health care facility in which the vulnerable person is a patient or resident. A person who engages in sexual penetration with a […]
§ 43-47-19. Prohibition against abuse, neglect, or exploitation; penalties; relation to other laws
It shall be unlawful for any person to abuse, neglect or exploit any vulnerable person. Any person who willfully commits an act or willfully omits the performance of any duty, which act or omission contributes to, tends to contribute to, or results in neglect, physical pain, injury, mental anguish, unreasonable confinement or deprivation of services […]
§ 43-47-21. Payment for services; orders to provide custody, care, and maintenance
At the time the department makes an evaluation of the case reported, in accordance with the provisions of Section 43-47-9, it shall be determined, according to the regulations set by the department, whether the vulnerable person is financially capable of paying for the essential services. If he is, he shall make reimbursement for the costs […]
§ 43-47-23. Authority to seek cooperation of organizations and agencies
The department and the court are authorized to seek the cooperation of all public agencies, departments, societies, organizations or agencies having for their object the protection or aid of vulnerable persons. These agencies, departments, societies and organizations shall provide any such assistance as is necessary.
§ 43-47-25. Immunity of department employees from liability
Any officer, agent or employee of the department in the good faith exercise of his duties under this chapter shall not be liable for any civil damages as a result of his acts or omissions in rendering assistance or aid to any vulnerable person.
§ 43-47-27. Adoption of standards, procedures, and guidelines
The department shall adopt standards and other procedures and guidelines with forms to insure the effective implementation of the provisions of this chapter no later than October 1, 2001.
§ 43-47-29. Appointment of conservator pursuant to Section 93-20-401 or 93-20-402
[Effective from and after January 1, 2020, this section will read as follows:] In addition to the powers granted under the provisions of this chapter, the department is authorized to petition the court under the provisions of Section 93-20-401 or 93-20-402 for appointment of a conservator for any vulnerable person.
§ 43-47-3. Legislative purpose
The purpose of this chapter is to provide for protective services for vulnerable persons in Mississippi who are abused, neglected or exploited.
§ 43-47-31. Objection to provision of services on privacy grounds; persons receiving treatment by spiritual means; objection to medical treatment
Nothing in this chapter shall be construed to authorize, permit or require any emergency or protective services in contravention of the stated or implied objection of such person based upon his right of privacy, which is grounded in the federal courts and the courts of this state, except in a situation where the vulnerable person […]
§ 43-47-33. Education program
The department shall establish a comprehensive, aggressive program to educate the general public of (a) the existence and provisions of the Mississippi Vulnerable Persons Act of 1986; (b) the duty to report the abuse, neglect or exploitation of any and all vulnerable persons, and (c) criminal sanctions associated with violations of the Mississippi Vulnerable Persons […]
§ 43-47-35. Implementation of chapter if federal funds become available
It is the intent of the Legislature that the department shall implement the provisions of this chapter in the event federal funding is made available therefor under a social services block grant, or in the event any other federal or state funding is made available to provide for protective services for vulnerable persons.
§ 43-47-37. Reporting of abuse and exploitation of patients and residents of care facilities
Any person who, within the scope of his employment at a care facility as defined in Section 43-47-5(b), or in his professional or personal capacity, has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, neglect or exploitation shall report immediately the […]
§ 43-47-39. Vulnerable Persons Training, Investigation and Prosecution Fund created; purpose; funding; funding of expenses of Vulnerable Persons Unit; deposit of user charges and fees authorized under this section into State General Fund
There is created in the State Treasury a special fund to be known as the Vulnerable Persons Training, Investigation and Prosecution Fund. The purpose of the fund shall be to provide funding for the Vulnerable Persons Unit in the Office of the Attorney General to assist in the training of law enforcement officers, judges, district […]
§ 43-47-5. Definitions
For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context otherwise requires: “Abuse” means the commission of a willful act, or the willful omission of the performance of a duty, which act or omission contributes, tends to contribute to, or results in the infliction of physical pain, […]
§ 43-47-7. Reporting abuse, neglect, or exploitation; establishment of central register; confidentiality
Except as otherwise provided by Section 43-47-37 for vulnerable persons in care facilities and by Section 43-7-65 for the State Ombudsman Program, any person including, but not limited to, the following, who knows or suspects that a vulnerable person has been or is being abused, neglected or exploited shall immediately report such knowledge or suspicion […]