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Mississippi Today

Indianola mom’s situation raises question: If you call police for help during a domestic disturbance, will you lose your kids?

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mississippitoday.org – Mina Corpuz – 2024-04-16 11:50:04

Exposing to domestic violence commonly leads to abuse and neglect charges and can result in loss of custody, experts say.

But in the case of Nakala Murry, an Indianola mother facing neglect allegations, it was a officer responding to her call for help, not her ex-partner who was causing trouble, that left her then-11-year-old son with a gunshot wound to the chest.

Jennifer Morgan, manager of the family defense program at the Office of the State Public Defender, said it's often called “failure to protect.” The program represents in child welfare proceedings, including some who are domestic violence survivors facing custody loss because their children were in the home when the violence happened. 

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Neglect allegations against Murry are based on the presence of her children during a domestic violence call the early morning of May 20, 2023 and the gunshot wound to her son, Aderrien

Aderrien Murry

The boy was not because of domestic violence between his mother and her former partner, as the neglect petition claims, but by Sgt. Greg Capers, who responded to the domestic disturbance call, said Carlos Moore, the family's attorney. 

Murry is suing Capers, the and police department over the shooting and has continued to pursue misdemeanor charges against Capers after a grand jury declined to indict him.

An adjudication hearing on the abuse and neglect charges is for Wednesday to determine whether Aderrien, his sister and cousin have been neglected and need to be from Nakala Murry's custody. 

Tonya Rogillio, who works with Morgan as the family defense interdisciplinary team coordinator, said the message sent to parents is that if they call the police, they could lose their children. 

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“[Murry] didn't do anything wrong and her kid got shot by a police officer, and now she's being punished for doing what she had to do,” she said. 

Rogillio is a social worker who previously worked for the Mississippi Department of Child Protection Services. 

When reports came to the agency about a child in a home where domestic violence is occurring, they were typically recorded as neglect or emotional abuse, she said. The next steps would be for an investigation to be completed and services to be offered to the family if the allegations were found to be true. 

A spokesperson for MDCPS did not respond to a request for comment. 

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Between 2017 and 2020, neglect accounted for over 70% of all types of maltreatment children experienced in Mississippi, according to child welfare outcome reports mandated by the federal Adoption and Safe Families Act. However, the data did not break down the type of neglect, such as exposure to domestic violence. 

In youth court, judges set the expectations, and outcomes vary by county, Morgan said. 

Some judges see exposure to domestic violence as failure by the parent to protect their children and order them to be removed from the home immediately, she said. In other jurisdictions, MDCPS is able to work with the family to services to help address issues and keep them together. 

Children exposed to domestic violence are at an increased risk of maltreatment and physical abuse, with an estimated 30 to 60 percent of the children of survivors experiencing maltreatment, according to research cited by the Resource Center on Domestic Violence: Child Protection and Custody. 

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Morgan, who previously practiced in youth court, said many counties will children from a parent's custody but allow them return later on. 

She said most of the cases she handled involving domestic violence did not result in parental rights termination, which ends the legal parent-child relationship and allows a child to be adopted. 

Currently, attorneys representing parents are not mandatory by law, and if they are provided they are primarily paid for by counties, Morgan said. The Office of the State Public Defender partners with counties, courts, legal service agencies and private practice attorneys to provide representation.

To help fill gaps, the parent defender program is looking to develop interdisciplinary teams that bring together parent defenders, social workers and peer specialists to help their clients. 

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“An interdisciplinary team would be invaluable to that mother (in Indianola),” Rogillio said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Legislators extend 2024 session after missing budget deadline

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mississippitoday.org – Bobby Harrison – 2024-04-29 17:47:53

Legislative are optimistic that they will be able to start passing bills to fund the $7- budget to fund services on Tuesday.

“We will be rolling Tuesday and the day after I suppose,” said Senate Appropriations Chair Briggs Hopson, R-Vicksburg.

Late Monday the House and Senate agreed on a resolution to extend the . Appropriations and revenue (taxes and borrowing) bills died Saturday night when House and Senate leaders could not reach agreement on a key deadline. The resolution approved Monday was needed to revive the bills.

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The final day of the session was for Sunday, May 5. Now it is scheduled for May 14, but House Speaker Jason White, R-, predicted Monday that the will finish its work this , though leaders did concede there were still  some “minor” disagreements between the House and Senate.

Under the resolution, the legislators – even though their work would be completed this week — will return on May 14 unless White and Lt. Gov. Delbert Hosemann agree not to return.

Returning on May 14 would give the Legislature the address any possible vetoes by Gov. Tate Reeves. Lawmakers can override gubernatorial vetoes with a two-thirds vote of each chamber.

Asked Monday if an agreement had been reached on the revenue bills, Senate Finance Chairman Josh Harkins, R-Brandon, who handles those proposals, said, “Gosh, I hope so. If not I am going holler a Jerry Clower for them to shoot up amongst us,” Harkins said referencing a skit by the Mississippi comic.

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It took a two-thirds vote of both chambers to pass the resolution to extend the session. It passed unanimously in the House, but six members of the 52-member Senate voted no. Without the resolution, it most likely would require a special session called by Gov. Tate Reeves to pass budget bills and revenue bills.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Lawsuit in death of man following Jackson police encounter may be headed to trial

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mississippitoday.org – Mina Corpuz – 2024-04-29 15:21:38

The family of George Robinson plans to move forward with a wrongful against the of and three former police officers after rejecting a nearly $18,000 settlement offer. 

Attorney Dennis Sweet III made the intentions of Bettersten Wade, Robinson's sister, and Vernice Robinson, Robinson's mother, clear in a Thursday letter sent the day after the City Council approved a $17,786 payment to settle the family's 2019 lawsuit. 

“This is more than anyone should have to endure. Much less have the City of Jackson tout the purported term of settlement as some sort of victory,” Sweet wrote in the letter. “Needless to say, no individual or party obtained a victory in this matter.”

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The financial terms of the settlement and plaintiffs' identities were not supposed to be disclosed publicly and the council did not approve the settlement in executive session, Sweet said. According to Mississippi's open meeting , any public body can enter executive session for a number of reasons, for negotiations relating to litigation. 

Sweet was not immediately available to comment Monday. Last , he told WLBT he would take it to trial. 

Council President Aaron Banks, who was also not immediately available for comment, said the settlement was freely negotiated among the parties and signed by Wade and Vernice Robinson, who had their attorneys with them, according to a Friday statement to the Clarion Ledger. 

Banks disputed Sweet's claims that the city violated any terms of the settlement, such as a confidentiality agreement, saying the city didn't agree to one and that settlements are public records, according to the statement. 

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“The City intends to honor the agreement it reached and expects the Wade family to do so, also,” Banks said in the statement.

However, some city council members said after the meeting that they were not aware of a confidentiality agreement. 

City Attorney Drew Martin declined to comment Monday. 

All the parties met for mediation April 12. Sweet said that during the session, a representative from the city said it is in “financial straits and did not possess substantial funds in which to resolve Ms. Wade's claims against it.” The lawsuit complaint asked for a jury trial and damages to be determined by a jury. 

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Banks's statement did not address the attorney's claim about the city's finances.  

Wade agreed during mediation to settle with ambulance provider American Medical Response and to allow the city to join that settlement and end litigation, according to Sweet's letter. 

“Had AMR not agreed to a substantial settlement amount, Ms. Wade would not have settled with the City of Jackson,” he wrote in the letter.

The company settled for a different amount that was not disclosed, according to Sweet's letter.

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As of Monday, electronic court filings for the lawsuit do not show that the judge has signed off on a settlement.  

In January 2019, 62-year-old Robinson was pulled from a car and beaten by officers, leaving him with severe injuries. At the time, he was recovering from a stroke. Robinson died days later.

In 2022, former detective Anthony Fox was convicted culpable-negligence manslaughter for Robinson's death, while charges against officers Desmond Barney and Lincoln Lampley were dismissed a year earlier. 

Fox was until January when the overturned his conviction and issued an acquittal, freeing him. Fox has returned to work for the Canton Police Department. 

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This isn't Wade's only loss and fraught experience with the city, Sweet said. 

Last year, her son Dexter died after being hit by a car driven by an off-duty Jackson police officer. He was buried unidentified in the Hinds County pauper's field, despite identification on him. His family did not know he was there until months later. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Back-and-forth: House, Senate swap Medicaid expansion proposals, counter offers

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mississippitoday.org – Sophia Paffenroth – 2024-04-29 14:44:59

After lawmakers in the House and Senate compromised on several points of the expansion bill, there remains one major hurdle to be cleared: the necessity of a work requirement.

Any bill that makes expansion contingent on the approval of a work requirement will likely be null and void, due to federal regulations that have banned work requirements.

The House and Senate last compromised on one major point of contention between the two chambers, income eligibility: the Senate conceded to people making up to 138% of the federal poverty level, about $20,000 for an individual, and the House agreed to having those who make more than 99% of the federal poverty level enrolled in subsidized private insurance – rather than straight Medicaid – which would be made affordable by state-federal Medicaid funds. 

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They are still far apart on the details of a work requirement. Monday afternoon, the House proposed a counter offer to the Senate's stringent work requirement, one in which Medicaid would be expanded either way, but Mississippi would be mandated to reapply for the work requirement every year, and would be required to immediately adopt a work requirement if the federal government ever changed its policy.

READ MORE: House, Senate leaders swap Medicaid expansion proposals as Monday night deadline nears

Here's a of the various expansion plans proposed this session to health insurance for low-income, mostly working, people in the poorest and unhealthiest state in the country. 

Original House bill, Feb. 28

House Bill 1725, authored by Speaker Jason White and Medicaid Chairwoman Missy McGee, R-Hattiesburg, was originally written as a mostly-traditional expansion bill, similar to programs most other states have adopted. It would:

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  • cover income-eligible adults making up to 138% of the federal poverty level, about $20,000 for an individual.
  • include a work requirement that would be if the federal government did not approve it.
  • draw down $1 billion federal dollars by increasing the federal match rate.
  • qualify Mississippi for a two-year bonus of $650 million offered to newly-expanded states – which would make the program to the state for a total of four years.

It overwhelmingly passed the House 98-20 at the end of February. 

Original Senate proposal, March 28

In late March, the Senate Medicaid committee passed House Bill 1725 with a strike-all, and replaced the original bill's language with its own language, which Medicaid Chairman Kevin Blackwell, R-Southaven, referred to as “expansion lite.” 

The plan proposed:

  • covering working Mississippians making up to 99% of the federal poverty level, about $15,060 annually for an individual. 
  • leaving out those making between 100% and 138% of the federal poverty, and as a result, would turn down the $1 billion in federal dollars 
  • calling for quarterly proof of employment, leaving experts worried that the plan would be administratively burdensome and costly – as well as confusing for enrollees. That's if the federal government approved the waiver necessary for the work requirement – an unlikely scenario under the Biden administration, which has rescinded such waivers previously granted under the Trump administration and has not approved new ones. 

This austere version of expansion passed the full Senate at the end of March with a veto-proof majority – an important detail since Gov. Tate Reeves has indicated he will veto any expansion bill that to his door. 

House's response to the Senate's strike-all, April 3

The House invited the Senate to conference in early April to hash out the details of House Bill 1725. 

House leadership countered the Senate's austere version of expansion with a compromise: a “hybrid model” which would cover those making up to 138% of the federal poverty level, but would put those making between 100% and 138% on private health insurance policies through the federal exchange. 

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The cost of these policies would be subsidized through federal-state Medicaid funds. 

Senate's response to the House's compromise, April 26

Senate conferees sent the House a plan with a “hybrid model,” similar to what the House pitched, but maintained a firm stance on a work requirement — although they dropped the quarterly employment verification to annually.

The Sunday, Senate conferees retracted the requirement in their initial proposal that Mississippi sue the federal government if the Centers for Medicaid and Medicare Services doesn't approve the work requirement waiver. 

Democrats in the House reportedly said they would not vote for any measure with the latter provision. 

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If initially turned down on the work waiver by the federal government, the new Senate proposal would require the state to appeal again to the agency if any other state gets a similar program approved later.

The latest offer from the House, April 29

House conferees countered the Senate's strict work requirement plan on Monday with a plan that would expand Medicaid with or without the work requirement, but would require the state to apply for the waiver initially and continue to do so once a year. It would also include a “trigger ,” similar to North Carolina's, mandating that if the federal government ever changed its policy on allowing states to implement a work requirement, Mississippi would move to implement one immediately.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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