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Blue Ribbon Committee pushes clarification to child-welfare statute after hotel-case concerns
Summary
Members urged amending Mississippi Code 43-21-301 so positive marijuana tests alone cannot trigger removal of newborns, citing local cases in which children were housed in hotels and inconsistent county interpretations of the law.
The Blue Ribbon Committee on child welfare discussed proposed changes to Mississippi Code 43-21-301 and pressed for faster accountability after a recent case in which a little girl was housed in a hotel while under CPS custody.
Committee member (speaker 3) opened the discussion by asking whether invited officials — including Judge Bevel and Commissioner Sanders — could answer questions about the girl’s status, saying the committee simply wanted to know whether “she is safe” and “is she in custody.” The member repeatedly cited Mississippi Code 43-21-301 and read its language aloud, noting the statute currently says "a finding of probable cause under the subsection 3 a shall not be based solely upon a positive drug test of newborn or parent for marijuana." The committee proposed amending the statute to make clear that the marijuana exception applies only to marijuana and not to hard drugs such as methamphetamine, fentanyl or cocaine.
Members said inconsistent county interpretation has led to different outcomes across the state. "Some counties look at it as only marijuana and other hard drugs are not acceptable. Other counties look at it and say all drugs are acceptable," another participant said, urging a uniform statewide clarification so local law enforcement and agencies apply the same standard.
Committee members tied the statutory discussion to a concrete local concern: several speakers alleged children are being housed in hotels under CPS arrangements and questioned whether third-party vendors are being properly vetted. "Why are kids in hotel rooms? Why?" the committee member asked. Speakers argued that hotels are not licensed group homes, that children in those settings may miss education and adequate nutrition, and that the arrangement raised accountability and safety questions.
The group discussed next steps for pushing a change to the statute. Participants agreed the change would require legislation and described past meetings with legislators who were supportive but did not advance the amendment. The committee directed that members plan an education day at the Capitol to meet with legislators and seek sponsors who could introduce clarifying language.
The committee did not vote on statutory language at the meeting. The assembly concluded with procedural items and adjournment motions; a motion to adjourn until July 17 carried by voice vote.
This matter—proposed statutory changes to how drug tests affect probable-cause findings in child-welfare cases and local allegations about children housed in hotels—remains under discussion and will require legislative action and follow-up with state officials.
