Attorney General Opinions | 2011 Miss. AG LEXIS 37 | 2018
Attorney General Jim Hood has received your opinion request and has assigned it to me for research and reply. Your inquiries are as follows:
INQUIRIES AND RESPONSES
1. Does the DeSoto County Board of Supervisors have the authority to make donations to the Memphis Child Advocacy Center in such amounts as it deems appropriate, out of any funds available to it, as a domestic violence center or rape crisis center pursuant to Mississippi Code Section 19-5-93(o)?
Yes, upon a finding by the Board of Supervisors that MCAC provides the services within the scope of Section 19-5-93(o).
2. Does the DeSoto County Board of Supervisors have the authority to make donations to the Memphis Child Advocacy Center in such amounts as it deems appropriate, out of any funds available to it, as a program provider for the care of neglected children pursuant to Mississippi Code Section 19-5-93(q)?
While it is up to the Board to determine what entities fit within the scope of the statute, it is clear that 19-5-93(q) is limited to "residential group homes," and MCAC is not a residential group home. Thus, we do not believe the county could use 19-5-93(q) as a basis for financial contributions to MCAC.
JIM HOOD, ATTORNEY GENERAL; Ellen O'Neal, Special Assistant Attorney General
BACKGROUND
You explain that the Memphis Child Advocacy Center (MCAC) serves children who are victims of sexual assaults and severe physical abuse, including crisis intervention. It also houses a sub unit of the Shelby County Child Protection Investigation Team, an entity which investigates and coordinates the prosecution of child sex crimes, crimes of child abuse and events of child neglect and abandonment. The services provided by the Shelby County Child Protection Investigation Team include forensic interviewing, medical care and educational programs for the children.
MCAC has been providing these services free of charge to various DeSoto County entities for a number of years, including the District Attorney's office and the Sheriff's Office. Over the past several years, the number of incidents being referred to MCAC by the DeSoto County D.A. and Sheriff's Office has grown significantly, resulting in a substantial financial drain on MCAC. Thus, MCAC will be unable to continue to provide its services for DeSoto County absent financial assistance. You ask whether the county may donate funds to MCAC under 19-5-93.
ANALYSIS
Mississippi Code Section 19-5-93 sets out the entities and purposes to which county boards of supervisors may donate funds. Subsections (o) and (q) state as follows:
(o) Domestic violence shelters. The board of supervisors of any county in this state is hereby authorized and empowered, in its discretion, to donate annually out of any money in the county treasury, such sums as the board deems advisable to supportany domestic violence shelter or rape crisis center operating within or serving its area. For the purposes of this section, "rape crisis center" means a place established to provide care, counseling and related services to victims of rape, attempted rape, sexual battery or attempted sexual battery.
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(q) Care of neglected children. The board of supervisors of any county in this state, in its discretion, may donate annually out of any money in the county treasury such sums as the board deems advisable to support any residential group home for the abused, abandoned or neglected children which operates within or serves the county. For the purposes of this paragraph the term "residential group home" means a group residence established to provide care and counseling, and to serve as a home, for children who are the victims of abuse, neglect or abandonment.
Miss. Code Sections 19-5-93(o), (q). (Emphasis added)
MCAC does provide care for neglected children, but you say that it is not a residential group home. Thus, we do not believe the county can use 19-5-93(q) as a basis for the donations, since the statute makes clear that such donations are to be made to residential group homes only.
On the other hand, the services you describe do appear to fit within the definition of a rape crisis center under (o), in that was "established to provide care, counseling and related services to victims of rape, attempted rape, sexual battery or attempted sexual battery." The statute does not require that those victims be women.
Ultimately, whether MCAC fits within the scope of authorized entities to which a county may lawfully donate funds under 19-5-93 is a fact question to be addressed by the board of supervisors on its minutes. Upon such a finding, detailed on its minutes, that MCAC is a rape crisis center providing the services described in Section 19-5-93(o), the board would be authorized to donate such amounts in its discretion as are appropriate.
You point out that, while MCAC does provide the services mentioned in the statute, it also provides services for other matters outside the scope of a rape crisis center. You ask whether the fact that MCAC's services may extend beyond just a rape crisis center would vitiate the county's authority to donate funds under 19-5-93. The statute does not contain any such limiting language to the effect that donations are only authorized to entities that provide only the services listed. Thus, we do not believe that the fact that MCAC provides additional services beyond those of a rape crisis center would negate the county's authority to donate to MCAC under 19-5-93(o).
Finally, we note that MCAC appears to be providing necessary services to the D.A. and Sheriff's offices, such as investigating and coordinating the prosecution of crimes against children, including forensic interviewing. It would appear that the county could contract with MCAC to provide these services for the county and be appropriately compensated for them, rather than, or in addition to, any financial donations by the county.
If this office may be of further assistance to you, please let us know.