SB 2001

MISSISSIPPI LEGISLATURE
2026 1st Extraordinary Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2001
(As Sent to Governor)
AN ACT TO ENACT THE MISSISSIPPI YOUTH COURT REFORM ACT OF
2026; TO AMEND SECTION 43-21-103, MISSISSIPPI CODE OF 1972, TO RECOGNIZE THE
UNIFORM RULES OF YOUTH COURT PRACTICE; TO AMEND SECTION 43-21-105, MISSISSIPPI
CODE OF 1972, TO REVISE THE TERMS "YOUTH COURT" AND
"JUDGE"; TO DELETE THE TERM "DESIGNEE"; TO DEFINE THE TERMS
"INTAKE OFFICER," "INTAKE UNIT," "PRE-PETITION
GUARDIAN," "DIVERSION," "DATA MANAGEMENT SYSTEM,"
"YOUTH COURT PROSECUTOR," "CHILD WELFARE MATTER,"
"DELINQUENCY MATTER," AND "YOUTH COURT PROCEEDING"; TO
AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE CREATION OF
ANY COUNTY YOUTH COURT AFTER THE EFFECTIVE DATE OF THIS ACT; TO CREATE A YOUTH
COURT DIVISION AS A DIVISION OF THE CHANCERY COURT OF EACH COUNTY IN WHICH THE
YOUTH COURT DIVISION OF THE COUNTY COURT HAS BEEN ABOLISHED; TO DELETE THE
AUTHORITY FOR THE CREATION OF A YOUTH COURT DIVISION AS A DIVISION OF THE
MUNICIPAL COURT IN ANY CITY; TO REQUIRE FROM AND AFTER JANUARY 1, 2031, THAT
EACH YOUTH COURT DIVISION OF A COUNTY COURT HAS A COUNTY COURT JUDGE THAT
EXCLUSIVELY HANDLES YOUTH COURT MATTERS AND CASES; TO ABOLISH EACH YOUTH COURT
DIVISION OF A COUNTY COURT UNLESS THE COUNTY OPTS OUT OF THE PROVISION AND
NOTIFIES THE ADMINISTRATIVE OFFICE OF COURTS BEFORE DECEMBER 1, 2028, OF ITS INTENT
TO CONTINUE TO MAINTAIN A YOUTH COURT DIVISION OF THE COUNTY COURT AT ITS OWN
EXPENSE OTHER THAN THE SALARY SUPPLEMENT RECEIVED BY THE COUNTY PURSUANT TO
SECTION 9-9-11; TO DELETE THE AUTHORITY OF THE SENIOR CHANCELLOR TO APPOINT ANOTHER
JUDGE IN THE YOUTH COURT DIVISION OF THE CHANCERY COURT; TO PROVIDE THAT ANY
CHANCELLOR IN THE DISTRICT SHALL BE THE JUDGE SO THAT ALL YOUTH COURT MATTERS
ARE HEARD AND DISPOSED OF BY A FULL-TIME JUDGE; TO CREATE CHANCELLORSHIPS IN
CERTAIN CHANCERY DISTRICTS; TO PROVIDE THE PROCEDURE FOR THE FILLING OF THE
JUDICIAL VACANCY CREATED BY THIS ACT; TO REPEAL SECTION 43-21-111, MISSISSIPPI
CODE OF 1972, WHICH AUTHORIZES REGULAR OR SPECIAL YOUTH COURT REFEREES ON JULY
1, 2027; TO REPEAL SECTION 43-21-115, MISSISSIPPI CODE OF 1972, WHICH
AUTHORIZES THE APPOINTMENT OF CERTAIN PERSONS TO FUNCTION AS THE INTAKE UNIT
FOR YOUTH COURT ON JULY 1, 2027; TO AMEND SECTION 43-21-117, MISSISSIPPI CODE
OF 1972, TO PROVIDE THAT THE YOUTH COURT PROSECUTOR SHALL REPRESENT THE STATE
IN ALL DELINQUENCY PROCEEDINGS; TO PROVIDE THAT THE CHILD WELFARE AGENCY SHALL
REPRESENT THE PETITION IN CHILD WELFARE MATTERS; TO PROVIDE THAT THE COUNTY
PROSECUTING ATTORNEY IN DELINQUENCY MATTERS SHALL SERVE AS THE YOUTH COURT
PROSECUTOR; TO REPEAL SECTION 43-21-125, MISSISSIPPI CODE OF 1972, WHICH
CREATES THE MISSISSIPPI COUNCIL OF YOUTH COURT JUDGES; TO CREATE NEW SECTION 43-21-126,
MISSISSIPPI CODE OF 1972, TO CREATE THE FAMILY SERVICES FORUM FOR MISSISSIPPI
CHILDREN, YOUTH, AND FAMILIES; TO SET FORTH THE MEMBERSHIP, DUTIES, AND
PROCEDURES OF THE FORUM; TO AMEND SECTION 43-21-203, MISSISSIPPI CODE OF 1972, TO
DELETE LANGUAGE THAT PROHIBITS THE GENERAL PUBLIC FROM YOUTH COURT HEARINGS; TO
PROVIDE THAT IF AN ORAL ORDER IS NOT REDUCED TO WRITING WITHIN THE REQUIRED
TIME PERIOD THAT THE ORDER IS NULL AND VOID; TO CREATE NEW SECTION 43-21-204,
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE GENERAL PUBLIC SHALL BE ADMITTED
TO ANY HEARING IN A YOUTH COURT PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY
ADJUDICATORY HEARING OR ANY DISPOSITIONAL HEARING WITH CERTAIN EXCEPTIONS; TO
PROVIDE THAT THE COURT MAY CLOSE A YOUTH COURT HEARING IN ANY WELFARE MATTER
AFTER A FINDING ON THE RECORD STATING THE REASON OR REASONS FOR CLOSING ALL OR
PART OF A HEARING IN A YOUTH COURT PROCEEDING; TO AUTHORIZE THE YOUTH COURT TO
CLOSE ANY HEARING IN ANY DELINQUENCY MATTER WITHOUT A FINDING ON THE RECORD; TO
AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF
THE OFFICE OF YOUTH SERVICES WITHIN THE DEPARTMENT OF HUMAN SERVICES TO
MAINTAIN A STATE CENTRAL REGISTRY; TO DELETE LANGUAGE TO CONFORM TO THE REPEAL
OF SECTION 43-21-267; TO DIRECT THE APPROPRIATE ENTITY TO SEEK A COURT ORDER TO
PLACE A PERPETRATOR ON THE REGISTRY IN EVERY CASE IN WHICH THE AGENCY IS
INVOLVED AND IN WHICH THE COURT SUBSTANTIATES ABUSE OR NEGLECT; TO REENACT AND
AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO REVISE THE DISCLOSURE OF
YOUTH COURT RECORDS; TO DELETE LANGUAGE REQUIRING A COURT ORDER TO DISCLOSE
YOUTH COURT RECORDS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO CREATE
NEW SECTION 43-21-262, MISSISSIPPI CODE OF 1972, TO GOVERN THE DISCLOSURE OF A
FORENSIC INTERVIEW AND RELATED RECORDS; TO AMEND SECTION 43-21-263, MISSISSIPPI
CODE OF 1972, TO AUTHORIZE THE EXPUNGEMENT OF RECORDS INVOLVING CHILDREN
ADJUDICATED DELINQUENT OR IN NEED OF SUPERVISION; TO REPEAL SECTION 43-21-267,
MISSISSIPPI CODE OF 1972, WHICH CREATES A CRIMINAL PENALTY FOR THE DISCLOSURE
OF CERTAIN RECORDS; TO REPEAL SECTION 43-21-305, MISSISSIPPI CODE OF 1972,
WHICH AUTHORIZES A LAW ENFORCEMENT OFFICER TO STOP AND QUESTION CERTAIN
CHILDREN IN PUBLIC; TO REENACT AND AMEND SECTION 43-21-351, MISSISSIPPI CODE OF
1972, TO REQUIRE DELINQUENCY REPORTS TO INCLUDE EITHER A LAW ENFORCEMENT REPORT
OR A SWORN AFFIDAVIT; TO INCREASE THE ANNUAL REQUIRED HOURS OF TRAINING FOR AN
INTAKE OFFICER; TO REQUIRE THE TRAINING TO BE PROVIDED BY THE ADMINISTRATIVE
OFFICE OF COURTS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND
SECTION 43-21-353, MISSISSIPPI CODE OF 1972, TO REVISE THE FINAL DISPOSITIONS
OF LAW ENFORCEMENT INVESTIGATIONS AND INVESTIGATIONS BY THE DEPARTMENT OF CHILD
PROTECTION SERVICES; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO
REQUIRE THE YOUTH COURT INTAKE OFFICER UPON RECEIVING A NEGLECT OR ABUSE REPORT
TO FILE A RECOMMENDATION AND GIVE NOTICE TO THE APPROPRIATE ENTITY WITHIN A
CERTAIN TIMEFRAME; TO REQUIRE THE YOUTH COURT PROSECUTOR, WITHIN A CERTAIN
TIMEFRAME, IN DELINQUENCY MATTERS TO TAKE CERTAIN ACTIONS; TO REQUIRE THE
DEPARTMENT OF CHILD PROTECTION SERVICES OR THE YOUTH COURT PROSECUTOR, WITHIN A
CERTAIN TIMEFRAME, IN CHILD WELFARE MATTERS TO TAKE CERTAIN ACTIONS; TO PROVIDE
THAT A CASE CLOSURE NOTICE SHALL BE REVIEWABLE BY THE YOUTH COURT FOR 30 DAYS
AFTER THE ENTRY OF THE NOTICE BY THE COURT, THE YOUTH COURT PROSECUTOR, OR THE
DEPARTMENT OF CHILD PROTECTION SERVICES; TO PROHIBIT INTAKE OFFICERS, YOUTH
COURT PROSECUTORS, THE MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES, OR
PERSONNEL OR CONTRACTORS OF ANY STATE AGENCY FROM COMMUNICATING WITH A YOUTH
COURT CONCERNING A YOUTH COURT CASE OR MATTER UNTIL AUTHORIZED BY THIS CHAPTER;
TO AMEND SECTION 43-21-401, MISSISSIPPI CODE OF 1972, TO REMOVE YOUTH COURT
REVIEW FROM AN INFORMAL ADJUSTMENT; TO AMEND SECTION 43-21-405, MISSISSIPPI
CODE OF 1972, TO DIRECT THAT THE INFORMAL ADJUSTMENT COUNSELOR SHALL BE
ASSIGNED BY THE DIVISION OF YOUTH SERVICES WITHIN THE DEPARTMENT OF HUMAN
SERVICES; TO CREATE NEW SECTION 43-21-409, MISSISSIPPI CODE OF 1972, TO
AUTHORIZE THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES TO
ESTABLISH AND ADMINISTER A YOUTH DIVERSION PROGRAM THAT SEEKS TO DIVERT YOUTH
FROM THE YOUTH JUSTICE SYSTEM AND INTEGRATE SMART PRACTICES; TO AMEND SECTION
43-21-451, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF COURT
AUTHORIZATION TO DRAFT AND FILE A PETITION; TO REQUIRE THE SAME TIMEFRAME FOR
FILING A PETITION FOR ALL CASES; TO AMEND SECTION 43-21-455, MISSISSIPPI CODE
OF 1972, TO REQUIRE CITATION OF A STATUTE AND A
STATEMENT OF INTENT UNDER CERTAIN CIRCUMSTANCES IN PETITIONS ALLEGING NEGLECT
OR ABUSE; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO
REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO BE SUMMONSED ONLY IN
CHILD WELFARE MATTERS; TO AMEND SECTION 43-21-505, MISSISSIPPI CODE OF 1972, TO
PROVIDE THAT SERVICE OF SUMMONS MUST CONFORM TO THE UNIFORM RULES OF YOUTH
COURT PRACTICE OR THE RULES OF CIVIL PROCEDURE; TO AMEND SECTION 43-21-557,
MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO EXPLAIN TO THE PARTIES
THE FULL RANGE OF POSSIBLE DISPOSITIONAL ALTERNATIVES AT THE BEGINNING OF EACH
ADJUDICATORY HEARING; TO AMEND SECTION 43-21-603, MISSISSIPPI CODE OF 1972, TO
PROVIDE THAT REASONABLE EFFORTS TO MAINTAIN A CHILD WITHIN HIS HOME SHALL NOT
BE BYPASSED UNDER SUBSECTION (7)(C) OF THIS SECTION UNLESS THE PARENT HAS
RECEIVED THE REQUIRED NOTICE WITHIN THE PETITION; TO AMEND SECTION 43-21-609,
MISSISSIPPI CODE OF 1972, TO REVISE THE ALTERNATIVES OF THE DISPOSITION ORDER
IN NEGLECT AND ABUSE CASES; TO AMEND SECTION 43-21-613, MISSISSIPPI CODE OF
1972, TO REQUIRE THE COURT TO CONDUCT A SHELTER REVIEW HEARING WITHIN A CERTAIN
PERIOD OF DAYS OF REMOVAL IF THERE HAS BEEN NO ADJUDICATION AND WITHIN A
CERTAIN PERIOD OF DAYS THEREAFTER UNTIL ADJUDICATION; TO AMEND SECTION 43-21-621,
MISSISSIPPI CODE OF 1972, TO REMOVE AN OUTDATED REPORTING REQUIREMENT OF THE
ADMINISTRATIVE OFFICE OF COURTS RELATED TO JUVENILES REPORTED TO PRINCIPALS; TO
AMEND SECTION 43-21-625, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF
THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP AND IMPLEMENT A WILDERNESS TRAINING
PROGRAM FOR FIRST TIME YOUTH OFFENDERS BY DELETING THE WORD "SHALL"
AND INSERTING THE WORD "MAY" IN LIEU THEREOF; TO REPEAL SECTION 43-21-701,
MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI COMMISSION ON A
UNIFORM YOUTH COURT SYSTEMS AND PROCEDURES; TO REPEAL SECTION 43-21-703,
MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE DUTIES OF THE MISSISSIPPI
COMMISSION ON A UNIFORM YOUTH COURT SYSTEMS AND PROCEDURES; TO REPEAL SECTION
43-21-751, MISSISSIPPI CODE OF 1972, WHICH COMPRISES THE TEEN COURT PILOT
PROGRAM ACT; TO REENACT AND AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972,
TO REVISE THE YOUTH COURT SUPPORT PROGRAM TO PROVIDE THAT, SUBJECT TO
APPROPRIATION BY THE LEGISLATURE, THE ADMINISTRATIVE OFFICE OF COURTS SHALL
PROVIDE YOUTH COURT INTAKE OFFICERS AND ONE COURT ADMINISTRATOR TO EACH YOUTH
COURT IN THE STATE; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND
SECTION 43-27-20, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE DIRECTOR
OF THE OFFICE OF COMMUNITY SERVICES; TO REVISE THE DUTIES OF THE DIVISION OF
YOUTH SERVICES; TO REQUIRE THE OFFICE OF COMMUNITY SERVICES TO MAINTAIN DATA
REGARDING THE DIVISION OF YOUTH SERVICES; TO REENACT AND AMEND SECTION 45-33-61,
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE DEFINITION OF THE TERM "DATA
MANAGEMENT SYSTEM"; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND
SECTION 9-5-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHANCERY CLERK TO
PREPARE AND FORWARD CERTAIN INFORMATION RELATED TO GUARDIANS AD LITEM FOR EVERY
CASE, INCLUDING YOUTH COURT CASES, WHERE THE GUARDIAN AD LITEM FEE EXCEEDS
$1,000.00; TO AMEND SECTION 9-21-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE
ADMINISTRATIVE OFFICE OF COURTS TO DESIGNATE AND IMPLEMENT A UNIFORM YOUTH
COURT DATA MANAGEMENT SYSTEM TO REPLACE THE MISSISSIPPI YOUTH COURT INFORMATION
DELIVERY SYSTEM (MYCIDS) IN ACCORDANCE WITH THE RECOMMENDATIONS FROM ITS
COMPLETED AUDIT OF MYCIDS IN A MANNER THAT RESULTS IN A FULLY OPERATIONAL
UNIFORM YOUTH COURT DATA MANAGEMENT SYSTEM BY JULY 1, 2029; TO REQUIRE THE
ADMINISTRATIVE OFFICE OF COURTS TO FILE ANNUAL REPORTS UNTIL A CERTAIN DATE; TO
AUTHORIZE A THIRD-PARTY FACILITATOR; TO AMEND SECTION 37-13-91, MISSISSIPPI
CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT SHALL BE THE EXCLUSIVE VENUE FOR
ENFORCEMENT OF THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW FOR A
COMPULSORY -SCHOOL-AGE CHILD; TO DIRECT THE TRANSFER OF THE CAUSES AND DOCKET
OF EACH REGULAR OR SPECIAL YOUTH COURT REFEREE NO LATER THAN JULY 1, 2027; TO
AMEND SECTIONS 43-21-119, 43-21-121, 43-21-123, 43-21-159, 43-21-201, 43-21-251,
43-21-255, 43-21-259, 43-21-301, 43-21-303, 43-21-307, 43-21-311, 43-21-323, 43-21-407,
43-21-605, 43-21-607, 43-21-753, 9-5-165, AND 19-9-96, MISSISSIPPI CODE OF
1972, TO CONFORM; TO REPEAL SECTIONS 93-31-1, 93-31-5, AND 93-31-7, MISSISSIPPI
CODE OF 1972, WHICH ARE THE REMAINING PROVISIONS OF THE SUPPORTING AND
STRENGTHENING FAMILIES ACT TO CONFORM TO THE REPEAL OF SECTION 93-31-3; TO
REQUIRE THE COUNTY TO PAY A CERTAIN PER DIEM FOR YOUTH HOUSED IN STATE-OWNED
YOUTH DETENTION FACILITIES AFTER A SHELTER OR DETENTION HEARING; TO AMEND
SECTION 9-5-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE NINETEENTH
CHANCERY COURT DISTRICT MAY BE DIVIDED INTO SEPARATE DIVISIONS FOR THE EFFICIENT
HANDLING OF CASES BASED ON SUBJECT MATTER, JUDICIAL ECONOMY, OR OTHER FACTORS
BY ENTRY OF AN ORDER UPON THE MINUTES; AND FOR RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� This act
shall be known and may be cited as the "Mississippi Youth Court Reform Act
of 2026."
���� SECTION 2.� Section
43-21-103, Mississippi Code of 1972, is amended as follows:
���� 43-21-103.� (1)� This
chapter shall be liberally construed to the end that each child coming within
the jurisdiction of the youth court shall become a responsible, accountable and
productive citizen, and that each such child shall receive such care, guidance
and control, preferably in such child's own home as is conducive toward that
end and is in the state's and the child's best interest.� It is the public
policy of this state that the parents of each child shall be primarily
responsible for the care, support, education and welfare of such children;
however, when it is necessary that a child be removed from the control of such
child's parents, the youth court shall secure proper care for such child.
���� (2)� (a)� The Legislature
recognizes the Uniform Rules of Youth Court Practice.� A youth court judge
shall seek to harmonize the provisions of the Youth Court Law with the Uniform
Rules of Youth Court Practice in a manner that prioritizes and promotes the
best interests of the child.
��������� (b)� If a conflict
between the Uniform Rules of Youth Court Practice and a provision of this act
amending the Youth Court Law cannot be harmonized, this act shall control.
���� SECTION 3.� Section
43-21-105, Mississippi Code of 1972, is amended as follows:
���� 43-21-105.� The following
words and phrases, for purposes of this chapter, shall have the meanings
ascribed herein unless the context clearly otherwise requires:
��������� (a)� "Youth
court" means the youth court division as provided in Section 43-21-107.
��������� (b)� "Judge"
means the judge of the youth court division as provided in Section 43-21-107.
��������� (c)� [Until July
1, 2027, this paragraph (c) shall read as follows:]� "Designee"
means any person that the judge appoints to perform a duty which this chapter
requires to be done by the judge or his designee.� The judge may not appoint a
person who is involved in law enforcement or who
is an employee of the Mississippi Department of Human Services or the
Mississippi Department of Child Protection Services to be his designee.
��������� (c)� [From and
after July 1, 2027, this paragraph (c) shall read as follows:]�  * * *
Designee" means any person that the
judge appoints to perform a duty which this chapter requires to be done by the
judge or his designee.� The judge may not appoint a person who is involved in
law enforcement or who is an employee of the
Mississippi Department of Human Services or the Mississippi Department
of Child Protection Services to be his designee.[Deleted]
��������� (d)� "Child"
and "youth" are synonymous, and each means a person who has not
reached his eighteenth birthday.� A child who has not reached his eighteenth
birthday and is on active duty for a branch of the armed services or is married
is not considered a "child" or "youth" for the purposes of
this chapter.
��������� (e)� "Parent"
means the father or mother to whom the child has been born, or the father or
mother by whom the child has been legally adopted.
��������� (f)�
"Guardian" means a court-appointed guardian of the person of a child.
��������� (g)�
"Custodian" means any person having the present care or custody of a
child whether such person be a parent or otherwise.
��������� (h)� "Legal
custodian" means a court-appointed custodian of the child.
��������� (i)� "Delinquent
child" means a child who has reached his tenth birthday and who has committed
a delinquent act.
��������� (j)� "Delinquent
act" is any act, which if committed by an adult, is designated as a crime
under state or federal law, or municipal or county ordinance other than
offenses punishable by life imprisonment or death.� A delinquent act includes
escape from lawful detention and violations of the Uniform Controlled
Substances Law and violent behavior.
��������� (k)� "Child in
need of supervision" means a child who has reached his seventh birthday
and is in need of treatment or rehabilitation because the child:
������������� (i)� Is habitually
disobedient of reasonable and lawful commands of his parent, guardian or
custodian and is ungovernable; or
������������� (ii)� While being
required to attend school, willfully and habitually violates the rules thereof
or willfully and habitually absents himself therefrom; or
������������� (iii)� Runs away
from home without good cause; or
������������� (iv)� Has committed
a delinquent act or acts.
��������� (l)� "Neglected
child" means a child:
������������� (i)� Whose parent,
guardian or custodian or any person responsible for his care or support,
neglects or refuses, when able so to do, to provide for him proper and
necessary care or support, or education as required by law, or medical,
surgical, or other care necessary for his well-being; however, a parent who
withholds medical treatment from any child who in good faith is under treatment
by spiritual means alone through prayer in accordance with the tenets and
practices of a recognized church or religious denomination by a duly accredited
practitioner thereof shall not, for that reason alone, be considered to be
neglectful under any provision of this chapter; or
������������� (ii)� Who is
otherwise without proper care, custody, supervision or support; or
������������� (iii)� Who, for any
reason, lacks the special care made necessary for him by reason of his mental
condition, whether the mental condition is having mental illness or having an
intellectual disability; or
������������� (iv)� Who is not
provided by the child's parent, guardian or custodian, with food, clothing, or
shelter necessary to sustain the life or health of the child, excluding such
failure caused primarily by financial inability unless relief services have
been offered and refused and the child is in imminent risk of harm.
��������� (m)� "Abused
child" means a child whose parent, guardian or custodian or any person
responsible for his care or support, whether legally obligated to do so or not,
has caused or allowed to be caused, upon the child, sexual abuse, sexual
exploitation, commercial sexual exploitation, emotional abuse, mental injury,
nonaccidental physical injury or other maltreatment.� However, physical
discipline, including spanking, performed on a child by a parent, guardian or
custodian in a reasonable manner shall not be deemed abuse under this section.�
"Abused child" also means a child who
is or has been trafficked within the meaning of the Mississippi Human
Trafficking Act by any person, without regard to the relationship of the person
to the child.
��������� (n)� "Sexual
abuse" means obscene or pornographic photographing, filming or depiction
of children for commercial purposes, or the rape, molestation, incest,
prostitution or other such forms of sexual exploitation of children under
circumstances which indicate that the child's health or welfare is harmed or
threatened.
��������� (o)� "A child in
need of special care" means a child with any mental or physical illness
that cannot be treated with the dispositional alternatives ordinarily available
to the youth court.
��������� (p)� A "dependent
child" means any child who is not a child in need of supervision, a
delinquent child, an abused child or a neglected child, and which child has
been voluntarily placed in the custody of the Department of Child Protection
Services by his parent, guardian or custodian.
��������� (q)�
"Custody" means the physical possession of the child by any person.
��������� (r)� "Legal
custody" means the legal status created by a court order which gives the
legal custodian the responsibilities of physical possession of the child and
the duty to provide him with food, shelter, education and reasonable medical
care, all subject to residual rights and responsibilities of the parent or
guardian of the person.
��������� (s)�
"Detention" means the care of children in physically restrictive
facilities.
��������� (t)�
"Shelter" means care of children in physically nonrestrictive
facilities.
��������� (u)� "Records
involving children" means any of the following from which the child can be
identified:
������������� (i)� All youth
court records as defined in Section 43-21-251;
������������� (ii)� All forensic
interviews conducted by a child advocacy center in abuse and neglect
investigations;
������������� (iii)� All law
enforcement records as defined in Section 43-21-255;
������������� (iv)� All agency
records as defined in Section 43-21-257; and
������������� (v)� All other
documents maintained by any representative of the state, county, municipality
or other public agency insofar as they relate to the apprehension, custody,
adjudication or disposition of a child who is the subject of a youth court
cause.
��������� (v)� "Any person
responsible for care or support" means the person who is providing for the
child at a given time.� This term shall include, but is not limited to,
stepparents, foster parents, relatives, nonlicensed babysitters or other
similar persons responsible for a child and staff of residential care
facilities and group homes that are licensed by the Department of Human
Services or the Department of Child Protection Services.
��������� (w)� The singular
includes the plural, the plural the singular and the masculine the feminine
when consistent with the intent of this chapter.
��������� (x)� "Out-of-home"
setting means the temporary supervision or care of children by the staff of
licensed day care centers, the staff of public, private and state schools, the
staff of juvenile detention facilities, the staff of unlicensed residential
care facilities and group homes and the staff of, or individuals representing,
churches, civic or social organizations.
��������� (y)� "Durable
legal custody" means the legal status created by a court order which gives
the durable legal custodian the responsibilities of physical possession of the
child and the duty to provide him with care, nurture, welfare, food, shelter,
education and reasonable medical care.� All these duties as enumerated are
subject to the residual rights and responsibilities of the natural parent(s) or
guardian(s) of the child or children.
��������� (z)� "Status
offense" means conduct subject to adjudication by the youth court that
would not be a crime if committed by an adult.
��������� (aa)� "Financially
able" means a parent or child who is ineligible for a court-appointed
attorney.
��������� (bb)�
"Assessment" means an individualized examination of a child to
determine the child's psychosocial needs and problems, including the type and
extent of any mental health, substance abuse or co-occurring mental health and
substance abuse disorders and recommendations for treatment.� The term
includes, but is not limited to, a drug and alcohol, psychological or
psychiatric evaluation, records review, clinical interview or the
administration of a formal test and instrument.
��������� (cc)� "Screening"
means a process, with or without the administration of a formal instrument,
that is designed to identify a child who is at increased risk of having mental
health, substance abuse or co-occurring mental health and substance abuse
disorders that warrant immediate attention, intervention or more comprehensive
assessment.
��������� (dd)� "Durable
legal relative guardianship" means the legal status created by a youth
court order that conveys the physical and legal custody of a child or children
by durable legal guardianship to a relative or fictive kin who is licensed as a
foster or resource parent.
��������� (ee)�
"Relative" means a person related to the child by affinity or
consanguinity within the third degree.
��������� (ff)� "Fictive
kin" means a person not related to the child legally or biologically but
who is considered a relative due to a significant, familial-like and ongoing
relationship with the child and family, including adults related beyond the
third degree, godparents, friends of the family, or other adults who have a
strong familial bond with the child.
��������� (gg)� "Reasonable
efforts" means the exercise of reasonable care and due diligence by the
Department of Human Services, the Department of Child Protection Services, or
any other appropriate entity or person to use services appropriate to the
child's background, accessible, and available to meet the individualized needs
of the child and child's family to prevent removal and reunify the family as
soon as safely possible consistent with the best interests of the child. �Reasonable
efforts must be made in collaboration with the family and must address the
individualized needs of the family that brought the child to the attention of
the Department of Child Protection Services and must not consist of required
services that are not related to the family's needs.
��������� (hh)� "Commercial
sexual exploitation" means any sexual act or crime of a sexual nature,
which is committed against a child for financial or economic gain, to obtain a
thing of value for quid pro quo exchange of property or for any other purpose.
��������� (ii)� "Intake
officer" means an individual appointed by the Administrative Office of
Courts responsible for receiving referrals and presenting initial
determinations to the intake unit.
��������� (jj)� "Intake
unit" means the intake officer appointed by the Administrative Office of
Courts and other youth court personnel designated by the youth court to
consider the initial determination of the intake officer and make an intake
recommendation to the youth court.
��������� (kk)� "Pre-petition
guardian" means the adult having actual physical custody of the child
prior to removal.
��������� (ll)�
"Diversion" means a decision made by an individual with authority
that results in specific official action of the legal system not being taken in
regard to a specific juvenile or child and in lieu thereof providing or
referring the juvenile or child to an individually designed program or activity
provided by governmental entities or nongovernmental entities.� The goal of
diversion shall be to prevent further involvement of the juvenile or child in
the formal legal system.
��������� (mm)� "Data
management system" means the uniform youth court data management system
designated by the Administrative Office of Courts under Section 9-21-9(2)(a).
��������� (nn)� "Youth
court prosecutor" means the county prosecuting attorney or another
attorney appointed by the court to serve as the youth court prosecutor.
��������� (oo)� "Welfare
matter" means a youth court matter involving allegations of an abused
child, a neglected child, a dependent child, or a child in need of special
care.
��������� (pp)�
"Delinquency matter" means a youth court matter involving allegations
of a delinquent child or child in need of supervision.
��������� (qq)� "Youth
court proceeding" means a transfer proceeding or a court proceeding
stemming from a petition in a welfare matter or delinquency matter.
���� SECTION 4.� Section
43-21-107, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-107.� (1)� Except
as provided in subsection (3) of this section, a youth court division is
hereby created as a division of the county court of each county now * * * or hereafter having a county court, and the
county judge shall be the judge of the youth court unless another judge is
named by the county judge as provided by this chapter.� No additional county
youth court shall be formed after the effective date of this act.
���� (2)� A youth court division
is hereby created as a division of the chancery court of each county in which
no county court is maintained or in which the youth court division of the
county court has been abolished and any chancellor within a chancery court
district shall be the judge of the youth court of that county within such
chancery court district unless another judge is named by the senior chancellor
of the county or chancery court district as provided by this chapter.
 * * *(3)� In any county where
there is no county court or family court on July 1, 1979, there may be created
a youth court division as a division of the municipal court in any city if the
governing authorities of such city adopt a resolution to that effect.� The cost
of the youth court division of the municipal court shall be paid from any funds
available to the municipality excluding county funds.� No additional municipal
youth court shall be formed after January 1, 2007.�
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-107.� (1)� (a)�
Except as provided in subsection (3) of this section, a youth court
division is hereby created as a division of the county court of each county now * * * or hereafter having a county court, and the
county judge shall be the judge of the youth court * * * unless another judge is named by the county judge as
provided by this chapter.� No additional county youth court shall
be formed after the effective date of this act.
��������� (b)� (i)� From and
after January 1, 2031, each youth court division of a county court:
������������������ 1.� Shall
have a county court judge that handles youth court matters and cases with
priority; and
������������������ 2.� Shall
not expend or receive reimbursement of any direct state funds for
youth court purposes other than the salary supplement received by the county
pursuant to Section 9-9-11.� However, nothing herein shall
prohibit the court from receiving funds through grants from other state
agencies and expending said funds; and�
������������� (ii)� Effective
January 1, 2031, the youth court division of the county court of each county
now having a county court and a population of less than fifty thousand
according to the 2020 federal decennial census, other than the counties
subject to subsection (3) of this section, is hereby abolished unless the
county:
������������������ 1.� Shall
opt out of this subsection (1)(b)(ii) of this section through a vote of the
board of supervisors of the county; and
������������������ 2.� Shall
notify, before December 1, 2028, the Administrative Office of Courts of its
intent to continue to maintain a youth court division of the county court at
its own expense other than the salary supplement received by the county
pursuant to Section 9-9-11.
��������� (c)� Upon the
receipt of any notification under subsection (1)(b)(ii)2 of this section, the
Administrative Office of Courts shall immediately forward such notification to
the Lieutenant Governor, the Speaker of the House and the Governor.
��������� (d)� During the 2029
Regular Session, the Legislature shall consider the number of youth court
divisions to be created as divisions of the chancery court of each county and
determine how many chancellorships need to be created prior to the judicial
elections in November 2030.
���� (2)� A youth court division
is hereby created as a division of the chancery court of each county in which
no county court is maintained or in which the youth court division of the
county court has been abolished and any chancellor within a chancery court
district shall be the judge of the youth court of that county within such
chancery court district * * * unless another judge is named by the senior chancellor of the county or
chancery court district as provided by this chapter as assigned
by each chancery court district so that all youth court matters are heard and
disposed of by a full-time judge.� Upon determination of need, the
senior chancellor may seek the appointment of a family master under Section 9-5-255
to assist in effectuating the purposes of this act.
 * * *(3)� In any county where
there is no county court or family court on July 1, 1979, there may be created
a youth court division as a division of the municipal court in any city if the
governing authorities of such city adopt a resolution to that effect.� The cost
of the youth court division of the municipal court shall be paid from any funds
available to the municipality excluding county funds.� No additional municipal
youth court shall be formed after January 1, 2007.�
���� SECTION 5.�
(1)� Effective on July 1, 2027, there shall be an additional chancellor in the
following chancery court districts:
������������� (i)�� The First
Chancery Court District;
������������� (ii)� The Second
Chancery Court District;
������������� (iii)� The Third
Chancery Court District;
������������� (iv)� The Fourth
Chancery Court District;
������������� (v)� The Sixth
Chancery Court District;
������������� (vi)� The Seventh
Chancery Court District;
������������� (vii)� The Ninth
Chancery Court District;
������������� (viii)� The
Fifteenth Chancery Court District; and
������������� (ix)� The
Eighteenth Chancery Court District.
���� (2)� The chancellorships
created in this section shall be separate and distinct from the other chancellorships
in the chancery court district and denominated for purposes of appointment and
election as a separate "place" with this place being dedicated to
youth court matters with one-hundred percent (100%) of the cases on its docket
being youth court matters.� The chancellor to fill the place to be authorized
under this section may be a resident of any county in the chancery court
district.� Election of the office of chancellor under this section shall be by
election to be held in every county within the chancery court district.
���� SECTION 6.� The
judicial vacancies created by Section 5 of this act shall be filled by the
Governor pursuant to Section 9-1-103.
���� SECTION 7.� Section
43-21-111, Mississippi Code of 1972, which authorizes regular or special youth
court referees, shall stand repealed on July 1, 2027.
���� SECTION 8.� Section
43-21-115, Mississippi Code of 1972, which authorizes the appointment of
certain persons to function as the intake unit for youth court, shall stand
repealed on July 1, 2027.
���� SECTION 9.� Section
43-21-117, Mississippi Code of 1972, is amended as follows:
���� 43-21-117.� (1)� The youth
court prosecutor shall represent the * * * petitioner state in all delinquency
proceedings in the youth court.� In child welfare matters, the Mississippi
Department of Child Protection Services or the youth court prosecutor may be
the petitioner.
���� (2)� The county prosecuting
attorney shall serve as the youth court prosecutor * * *; however, if funds are available pursuant to Section 43‑21‑123,
the court may designate, as provided in subsection (3) of this section, a
prosecutor or prosecutors in lieu of or in addition to the county prosecuting
attorney.� Where there is a municipal youth court division, the city prosecutor
shall serve as youth court prosecutor; provided that the district attorney may
participate in transfer proceedings. in delinquency cases.� An
attorney for the Mississippi Department of Child Protection Services or the
youth court prosecutor may file petitions in child welfare matters. �The
district attorney may participate in transfer proceedings.
 * * * (3)� The judge may designate as provided in Section 43‑21‑123
some suitable attorney or attorneys to serve as youth court prosecutor or
prosecutors in lieu of or in conjunction with the youth court prosecutor
provided in subsection (2) of this section.� The designated youth court
prosecutor or prosecutors shall be paid a fee or salary fixed on order of the
judge as provided in Section 43‑21‑123 and shall be paid by the
county out of any available funds budgeted for the youth court by the board of
supervisors, unless the designated youth court prosecutor or prosecutors serves
in a municipal youth court division, in which case he shall be paid a fee or
salary fixed on order of the judge from the funds available to the
municipality.
���� ( * * *43)� All * * * youth court prosecutors and county prosecuting
attorneys who serve as youth court prosecutors shall be required to receive
juvenile justice training approved by the Mississippi Attorney General's office
and regular annual continuing education in the field of juvenile justice.� The
Mississippi Attorney General's office shall determine the amount of juvenile
justice training and annual continuing education which shall be satisfactory to
fulfill the requirements of this subsection.� The Administrative Office of
Courts shall maintain a roll of youth court prosecutors, shall enforce the
provisions of this subsection and shall maintain records on all such youth
court prosecutors regarding such training.� Should a youth court prosecutor
miss two (2) consecutive training sessions sponsored by the Mississippi
Attorney General's office as required by this subsection or fail to attend one
(1) such training session within six (6) months of their designation as youth
court prosecutor, the youth court prosecutor shall be disqualified to serve and
be immediately removed from the office of youth court prosecutor and another
youth court prosecutor shall be designated.
���� SECTION 10.� Section
43-21-125, Mississippi Code of 1972, which creates the Mississippi Council of
Youth Court Judges, is hereby repealed.
���� SECTION 11.� The
following shall be codified as Section 43-21-126, Mississippi Code of 1972:
���� 43-21-126.� (1)�
There is hereby created the Family Services Forum for Mississippi Children,
Youth, and Families.� The purpose of the forum shall be:
��������� (a)� To facilitate
collaborative planning and services for children, youth, and families referred
to Mississippi youth courts for either child welfare or juvenile justice
matters;
��������� (b)� To improve
outcomes for children and families by fostering a community of collaboration
between the child welfare and juvenile justice systems; and
��������� (c)� To serve as a
venue for deliberation and consensus building on strategies that will have the
greatest impact on well-being, safety, and justice for Mississippi children,
youth, and families.
���� (2)� The forum shall:
��������� (a)� Develop and
maintain a statewide resource directory/online platform that details available
community-based services for youth at risk of child welfare or juvenile justice
involvement, including truancy.� The resource shall include program type,
eligibility, funding source, and referral contacts;
��������� (b)� Identify and
implement strategies to better coordinate and leverage Medicaid, the Family
First Prevention Services Act, Title IV-E of the Social Security Act, and other
federal and state funding sources to support and pilot evidence-based,
community-based alternatives to placement programs for youth at risk of
entering foster care or juvenile justice placement;
��������� (c)� Make
recommendations for statutory or rules changes and administrative processes to
strengthen cross-system responses for youth involved in the child protection
and juvenile justice systems, including identifying evidence-based tools for
early identification and referral of youth and families for substance abuse
treatment and early identification and referral of youth having contact with
both the child welfare and juvenile justice systems;
��������� (d)� Determine how to
maximize federal funding streams, including determining which, if any, state plans
need to be amended, which agency plans, if any, need to be amended, and what
agreements, if any, need to be entered for cross-agency collaboration and for
obtaining high quality independent legal representation;
��������� (e)� Track services
provided and outcomes including, but not limited to, populations served by each
service provider, cost for those services, cost comparisons across the range of
similar service providers, program outcomes, such as success and failure rates,
and a cost-versus-benefit analysis, areas of the state in which services are
offered, and community needs as identified by forum members and supported with
agency and youth court data;
��������� (f)� Review anonymized
data collected by youth courts and agencies that is related to children, youth,
and families referred to Mississippi youth courts;
��������� (g)� Develop processes
for regular data reporting, analysis, and sharing across agencies and courts
involved with children, youth, and families referred to Mississippi youth
courts; and
��������� (h)� Address any other
issues related to providing services to children, youth, and families referred
to Mississippi youth courts.
���� (3)� The forum shall consist
of the following members:
��������� (a)� One (1) chancery
court judge, to be appointed by the Chief Justice of the Mississippi Supreme
Court;
��������� (b)� One (1) circuit
court judge who presides over an adult intervention court, to be appointed by
the Chief Justice of the Mississippi Supreme Court;
��������� (c)� One (1) youth
court judge who presides over a juvenile intervention court, to be appointed by
the Chief Justice of the Mississippi Supreme Court;
��������� (d)� One (1) county
court judge who presides over youth court, to be appointed by the Chief Justice
of the Mississippi Supreme Court;
��������� (e)� One (1) member of
the Mississippi House of Representatives to be appointed by the Speaker of the
House;
��������� (f)� One (1) member of
the Mississippi Senate to be appointed by the Lieutenant Governor;
��������� (g)� The directors of
the following state agencies or entities, or their designees, and two (2) principal
employees familiar with federal funding streams, other than the director or
commissioner of each agency or entity:
������������� (i)� The
Mississippi Department of Human Services;
������������� (ii)� The
Mississippi Department of Health;
������������� (iii)� The
Mississippi Department of Mental Health;
������������� (iv)� The
Mississippi Department of Public Safety;
������������� (v)� The
Mississippi Department of Education;
������������� (vi)� The Division
of Medicaid;
������������� (vii)� The
Administrative Office of Courts;
������������� (viii)� The Office
of the Attorney General;
������������� (ix)� The Office of
the State Public Defender;
������������� (x)� The
Mississippi Department of Child Protection Services;
������������� (xi)� The
Mississippi Home Corporation; and
��������� (h)� The director or
designee of the Governor's Office of Federal-State Programs.
���� (4)� The members shall be
appointed within fifteen (15) days of the effective date of this section, and
shall serve until the end of their respective terms of office, if applicable,
or until October 1, 2030, whichever occurs first.� Vacancies shall be filled in
the manner of the original appointment.� Members shall be eligible for
reappointment as long as, upon such reappointment, they meet the qualifications
required of a new appointee.
���� (5)� The forum must meet
within sixty (60) days of the effective date of this act upon call of the Chief
Justice of the Mississippi Supreme Court.� At its first meeting, the forum may
elect any officers from among its membership as it deems necessary for the
efficient discharge of its duties.
���� (6)� The forum shall adopt
rules and regulations governing times and places for meetings and governing the
manner of conducting its business.� Twenty-three (23) or more members shall
constitute a quorum for the purpose of conducting any business of the forum.� A
vote of not less than twenty-six (26) members shall be required for any
recommendations to the Legislature.
���� (7)� Members shall serve
without compensation, except that state and county employees and officers shall
receive any per diem as authorized by law from appropriations available to
their respective agencies or political subdivisions.� All members shall be
entitled to receive reimbursement for any actual and reasonable expenses
incurred as a necessary incident to service on the forum, including mileage as
provided by law subject to appropriation by the Legislature.
���� (8)� Subject to
appropriation by the Legislature, the forum may employ any consultants it deems
necessary, including consultants to compile any demographic data needed to
accomplish the duties of the forum.
���� (9)� The Administrative
Office of Courts will provide the support staff necessary for the forum in the
performance of its duties.
���� (10)� The forum may:
��������� (a)� Contract for
suitable office space in accordance with the provisions of Section 29-5-2,
Mississippi Code of 1972;
��������� (b)� Utilize, with
their consent, the services, equipment, personnel, information and resources of
other state agencies;
��������� (c)� Accept voluntary
and uncompensated services, contract with individuals, public and private
agencies; and
��������� (d)� Request information,
reports and data from any agency of the state, or any of its political
subdivisions, to the extent authorized by law.
���� (11)� In order to conduct
and carry out its purposes, duties, and related activities as provided for in
this section, the forum is authorized to apply for and accept gifts, grants,
subsidies, and other funds from persons, corporations, foundations, the United
States government or other entities, provided that the receipt of such gifts,
grants, subsidies, and funds shall be reported and otherwise accounted for in
the manner provided by law.
���� (12)� The forum shall report
annually to the Legislature, addressing all matters set out in subsection (2)
of this section. The report under this section shall be filed no later than
December 15 each year.
���� SECTION 12.� Section
43-21-203, Mississippi Code of 1972, is amended as follows:
���� 43-21-203.� (1)� The youth
court shall be in session at all times.
���� (2)� All cases involving
children shall be heard at any place the judge deems suitable but separately
from the trial of cases involving adults.
���� (3)� Hearings in all cases
involving children shall be conducted without a jury and may be recessed from
time to time.
���� (4)� All hearings shall be
conducted under such rules of evidence and rules of court as may comply with
applicable constitutional standards.
���� (5)� No proceeding by the
youth court in cases involving children shall be a criminal proceeding but
shall be entirely of a civil nature.
 * * * (6)� The general public shall be excluded from the
hearing, and only those persons shall be admitted who are found by the youth
court to have a direct interest in the cause or work of the youth court.� Any
person found by the youth court to have a direct interest in the cause shall
have the right to appear and be represented by legal counsel.
���� ( * * *76)� In all hearings, a complete record
of all evidence shall be taken by stenographic reporting, by mechanical or
electronic device or by some combination thereof.
���� ( * * *87)� The youth court may exclude the
attendance of a child from a hearing in neglect and abuse cases with consent of
the child's counsel.� The youth court may exclude the attendance of a child
from any portion of a disposition hearing that would be injurious to the best
interest of the child in delinquency and children in need of supervision cases
with consent of the child's counsel.
���� ( * * *98)� All parties to a youth court cause
shall have the right at any hearing in which an investigation, record or report
is admitted in evidence:
��������� (a)� To subpoena,
confront and examine the person who prepared or furnished data for the report;
and
��������� (b)� To introduce
evidence controverting the contents of the report.
���� ( * * *109)� Except as provided by Section 43-21-561(5)
or as otherwise provided by this chapter, the disposition of a child's cause or
any evidence given in the youth court in any proceedings concerning the child
shall not be admissible against the child in any case or proceeding in any
court other than a youth court.
���� ( * * *1110)� An order or ruling of the youth
court judge delivered orally must be reduced to writing within forty-eight (48)
hours, excluding Saturdays, Sundays and statutory state holidays.� Failure
to reduce the oral order to writing within the required time period shall
result in the order being null and void.� There shall be no liability for
actions taken pursuant to an oral order that is later voided under this
subsection.
���� SECTION 13.� The
following shall be codified as Section 43-21-204, Mississippi Code of 1972:
���� 43-21-204.� (1)� The
general public shall be admitted to any hearing in a youth court proceeding,
including, but not limited to, any adjudicatory hearing or any dispositional
hearing except as otherwise provided in subsection (2) of this section.
���� (2)� (a)� In all welfare
matters, the court may close a youth court hearing only after a finding on the
record stating the reason or reasons for closing all or part of a hearing in a
youth court proceeding.� The finding on the record closing a hearing in a youth
court proceeding shall state that the decision to close all or part of the
hearing is because:
������������� (i)� The proceeding
involves an allegation of an act which, if done by an adult, would constitute a
sexual offense;
������������� (ii)� It is in the
best interests of the child; or
������������� (iii)� To prevent
disclosure of personal information otherwise protected by federal or state law.
��������� (b)� In making such a
determination, the court shall consider such factors as:
������������� (i)� The age of the
child alleged or adjudicated;
������������� (ii)� The nature of
the allegations;
������������� (iii)� The effect
that an open court proceeding will have on the court's ability to reunite and
rehabilitate the family unit; and
������������� (iv)� Whether the closure
is necessary to protect the privacy of a child, of a parent or foster parent or
other caretaker of a child, or of a victim of domestic violence.
��������� (c)� In all delinquency
matters, the youth court, in its discretion, may choose to close the youth court
hearing without any finding on the record.
���� (3)� The court may close a
hearing under subsection (2) of this section or exclude a person from a hearing
under subsection (5) of this section in any proceeding on its own motion, by
motion of a party to the proceeding, or by motion of the child who is the
subject of the proceeding or the child's attorney or guardian ad litem.
���� (4)� The parties, their
counsel, witnesses, persons accompanying a party for his or her assistance, the
victim, and any other persons as the court finds have a proper interest in the
proceeding or in the work of the court shall be admitted by the court to
hearings from which the public is excluded.� When the conduct alleged in the
proceeding could give rise to a criminal prosecution or delinquent act
adjudication, attorneys for the prosecution and the defense shall be admitted.
���� (5)� The court may refuse to
admit a person to a hearing in any youth court proceeding upon making a finding
upon the record that the person's presence at the hearing would:
��������� (a)� Be detrimental to
the best interests of the child who is a party to the proceeding;
��������� (b)� Impair the fact-finding
process; or
��������� (c)� Be otherwise
contrary to the interest of justice.
���� (6)� The use of electronic
recording, transmission, videotaping, or motion picture or still photography of
any judicial proceeding shall be prohibited except for written order of the
court for good cause.
���� (7)� The media shall not
release identifying or recorded information concerning any child, family member,
foster parent or other caretaker of a child involved in public or closed
hearings except for written order of the court for good cause.
���� SECTION 14.� Section
43-21-257, Mississippi Code of 1972, is amended as follows:
���� 43-21-257.� (1)� Unless
otherwise provided in this section, any record involving children, including
valid and invalid complaints, and the contents thereof maintained by the
Department of Human Services or the Department of Child Protection Services, or
any other state agency, shall be kept confidential and shall not be disclosed
except as provided in Section 43-21-261 or Section 43-21-262.
 * * * (2)� The Office of Youth Services shall maintain a state
central registry containing the number and disposition of all cases together
with such other useful information regarding those cases as may be requested
and is obtainable from the records of the youth court.� The Office of Youth
Services shall annually publish a statistical record of the number and
disposition of all cases, but the names or identity of any children shall not
be disclosed in the reports or records.� The Office of Youth Services shall
adopt such rules as may be necessary to carry out this subsection.� The central
registry files and the contents thereof shall be confidential and shall not be
open to public inspection.� Any person who discloses or encourages the
disclosure of any record involving children from the central registry shall be
subject to the penalty in Section 43‑21‑267.� The youth court shall
furnish, upon forms provided by the Office of Youth Services, the necessary
information, and these completed forms shall be forwarded to the Office of
Youth Services.� The Department of Human Services and its employees are exempt
from any civil liability as a result of any action taken pursuant to the
compilation or release of information on the central registry under this
section and any other applicable section of this code, unless determined that
an employee has willfully and maliciously violated the rules and administrative
procedures of the department pertaining to the central registry or any section
of this code.� If an employee is determined to have willfully and maliciously
performed such a violation, said employee shall not be exempt from civil
liability in this regard.
���� ( * * *32)� The Department of Child Protection
Services shall maintain a state central registry on neglect and abuse cases
containing (a) the name, address and age of each child, (b) the nature of the
harm reported, (c) the name and address of the person responsible for the care
of the child, and (d) the name and address of the substantiated perpetrator of
the harm reported.� "Substantiated perpetrator" shall be defined as
an individual who has committed an act(s) of sexual abuse or physical abuse
that would otherwise be deemed as a felony or any child neglect that would be
deemed as a threat to life.� A name is to be added to the registry only based
upon a criminal conviction or an adjudication by a youth court judge or court
of competent jurisdiction, ordering that the name of the perpetrator be listed
on the central registry.� Upon criminal conviction
in circuit court or adjudication in youth court, the clerk of court shall send
the Mississippi Department of Child Protection Services a copy of the judgment.�
The central registry shall be confidential and shall not be open to public
inspection. * * *� Any person who discloses or encourages the disclosure of
any record involving children from the central registry without following the
rules and administrative procedures of the department shall be subject to the
penalty in Section 43‑21‑267.� The Department of Child
Protection Services and its employees are exempt from any civil liability as a
result of any action taken pursuant to the compilation or release of
information on the central registry under this section and any other applicable
section of this code, unless determined that an employee has willfully and
maliciously violated the rules and administrative procedures of the department
pertaining to the central registry or any section of this code.� If an employee
is determined to have willfully and maliciously performed such a violation,
said employee shall not be exempt from civil liability in this regard.� The
Department of Child Protection Services shall seek a court order to place a
perpetrator on the registry in every case in which the agency is involved and
in which the court substantiates abuse or neglect.� In delinquency cases, the
youth court prosecutor shall seek an order placing a substantiated perpetrator
on the registry.
���� ( * * *43)� The Mississippi State Department of
Health may release the findings of investigations into allegations of abuse
within licensed day care centers made under the provisions of Section 43-21-353(8)
to any parent of a child who is enrolled in the day care center at the time of
the alleged abuse or at the time the request for information is made.� The
findings of any such investigation may also be released to parents who are
considering placing children in the day care center.� No information concerning
those investigations may contain the names or identifying information of
individual children.
���� The Department of Health
shall not be held civilly liable for the release of information on any
findings, recommendations or actions taken pursuant to investigations of abuse
that have been conducted under Section 43-21-353(8).
���� SECTION 15.� Section
43-21-261, Mississippi Code of 1972, is reenacted and amended as follows:
���� 43-21-261.� (1)� Except as
otherwise provided in this section or in Section 43-21-262, records
involving children shall not be disclosed, other than to * * * necessary staff or officials of the youth court, a
guardian ad litem appointed to a child by the court, or a Court‑Appointed
Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or
neglect case, except pursuant to an order of the youth court specifying the
person or persons to whom the records may be disclosed, the extent of the
records which may be disclosed and the purpose of the disclosure.� Such court
orders for disclosure shall be limited to those instances in which the youth
court concludes, in its discretion, that disclosure is required for the best
interests of the child, the public safety, the functioning of the youth court,
or to identify a person who knowingly made a false allegation of child abuse or
neglect, and then only to the following persons:
��������� (a)� The judge of
another youth court or member of another youth court staff;
��������� (b)� Parties and
their attorneys;
��������� (c)� Necessary staff
or officials of the youth court;
��������� (d)� A guardian ad
litem appointed to a child by the court;
��������� (e)� A Court-Appointed
Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or
neglect case;
��������� ( * * *bf)� The court of the parties in a child
custody or adoption cause in another court;
��������� ( * * *cg)� A judge of any other court or
members of another court staff, including the chancery court that ordered a
forensic interview;
��������� ( * * *dh)� Representatives of a public or
private agency providing supervision or having custody of the child under order
of the youth court;
��������� ( * * *ei)� Any person engaged in a bona fide
research purpose, provided that no information identifying the subject of the
records shall be made available to the researcher unless it is absolutely
essential to the research purpose and the judge gives prior written approval,
and the child, through his or her representative, gives permission to release
the information;
��������� ( * * *fj)� The Mississippi Department of Employment
Security, or its duly authorized representatives, for the purpose of a child's
enrollment into the Job Corps Training Program as authorized by Title IV of the
Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.).�
However, no records, reports, investigations or information derived therefrom
pertaining to child abuse or neglect shall be disclosed;
��������� ( * * *gk)� Any person pursuant to a finding by
a judge of the youth court of compelling circumstances affecting the health,
safety or well-being of a child and that such disclosure is in the best
interests of the child or an adult who was formerly the subject of a youth
court delinquency proceeding;
��������� ( * * *hl)� A person who was the subject of a
knowingly made false allegation of child abuse or neglect which has resulted in
a conviction of a perpetrator in accordance with Section 97-35-47 or which
allegation was referred by the Department of Child Protection Services to a prosecutor
or law enforcement official in accordance with the provisions of Section 43-21-353(4) * * *.;
��������� (m)� The Office of
Community Services within the Department of Human Services for the purposes
described in Section 43-27-20(e); or
��������� (n)� A district
attorney.
���� For each party and his or
her attorney, disclosure under this section shall include access to the uniform
youth court data management, hard copy files and all related legal papers other
than forensic interview and related records under Section 43-21-262.
���� Law enforcement agencies may
disclose information to the public concerning the taking of a child into
custody for the commission of a delinquent act without the necessity of an
order from the youth court.� The information released shall not identify the
child or his address unless the information involves a child convicted as an
adult.
���� (2)� Any records involving
children which are disclosed * * * under an order of the youth court or pursuant
to the terms of this section and the contents thereof shall be kept
confidential by the person or agency to whom the record is disclosed unless
otherwise provided in * * *
the an order of a court
of competent jurisdiction.� Any further disclosure of any records
involving children shall be made only under an order of * * * the youth a
court of competent jurisdiction as provided in this section.
 * * * (3)� Upon request,� The parent, guardian or custodian of
the child who is the subject of a youth court cause or any attorney for such
parent, guardian or custodian, shall have the right to inspect and copy any
record, report or investigation relevant to a matter to be heard by a youth
court, except that the identity of the reporter shall not be released, nor the
name of any other person where the person or agency making the information
available finds that disclosure of the information would be likely to endanger
the life or safety of such person.� The attorney for the parent, guardian or
custodian of the child, upon request, shall be provided a copy of any record, report
or investigation relevant to a matter to be heard by a youth court, but the
identity of the reporter must be redacted and the name of any other person must
also be redacted if the person or agency making the information available finds
that disclosure of the information would be likely to endanger the life, safety
or well‑being of the person.� A record provided to the attorney under
this section must remain in the attorney's control and the attorney may not
provide copies or access to another person or entity without prior consent of a
court with appropriate jurisdiction.
 (4)�
Upon request, the child who is the subject of a youth court cause shall have
the right to have his counsel inspect and copy any record, report or
investigation which is filed with the youth court or which is to be considered
by the youth court at a hearing.
���� ( * * *53) * * *� (a)� The youth court prosecutor or prosecutors, the
county attorney, the district attorney, the youth court defender or defenders,
or any attorney representing a child shall have the right to inspect and copy
any law enforcement record involving children. ( * * *ba)� The Department of Child Protection
Services shall disclose to a county prosecuting attorney or district attorney
any and all records resulting from an investigation into suspected child abuse
or neglect when the case has been referred by the Department of Child
Protection Services to the county prosecuting attorney or district attorney for
criminal prosecution.
��������� ( * * *cb)� Agency records made confidential
under the provisions of this section may be disclosed to a court of competent
jurisdiction.
��������� ( * * *dc)� Records involving children shall be
disclosed to the Division of Victim Compensation of the Office of the Attorney
General upon the division's request * * * without order of the youth court for purposes
of determination of eligibility for victim compensation benefits.
���� ( * * *64)� Information concerning an
investigation into a report of child abuse or child neglect may be disclosed by
the Department of Child Protection Services * * * without order of the youth court to any
attorney, physician, dentist, intern, resident, nurse, psychologist, social
worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer, or a public or private school
employee making that report pursuant to Section 43-21-353(1) if the reporter
has a continuing professional relationship with the child and a need for such
information in order to protect or treat the child.
���� ( * * *75)� Information concerning an
investigation into a report of child abuse or child neglect may be disclosed * * * without further order of the youth court to
any interagency child abuse task force * * * �established in any
county or municipality by order of the appropriate youth
court * * * of that county or
municipality.
 * * * (8)� Names and addresses of juveniles twice adjudicated
as delinquent for an act which would be a felony if committed by an adult or
for the unlawful possession of a firearm shall not be held confidential and
shall be made available to the public.
 (9)�
Names and addresses of juveniles adjudicated as delinquent for murder,
manslaughter, burglary, arson, armed robbery, aggravated assault, any sex
offense as defined in Section 45‑33‑23, for any violation of
Section 41‑29‑139(a)(1) or for any violation of Section 63‑11‑30,
shall not be held confidential and shall be made available to the public.
 (10)�
The judges of the circuit and county courts, and presentence investigators for
the circuit courts, as provided in Section 47‑7‑9, shall have the
right to inspect any youth court records of a person convicted of a crime for
sentencing purposes only.
���� ( * * *116)� The victim of an offense committed
by a child who is the subject of a youth court cause shall have the right to be
informed of the child's disposition by the youth court.
���� ( * * *127)� A classification hearing officer
of the State Department of Corrections, as provided in Section 47-5-103, shall
have the right to inspect any youth court records, excluding abuse and neglect
records, of any offender in the custody of the department who as a child or
minor was a juvenile offender or was the subject of a youth court cause of
action, and the State Parole Board, as provided in Section 47-7-17, shall have
the right to inspect such records when the offender becomes eligible for
parole.
���� ( * * *138)� The youth court shall notify the
Department of Public Safety of the name, and any other identifying information
such department may require, of any child who is adjudicated delinquent as a
result of a violation of the Uniform Controlled Substances Law.
���� ( * * *149)� The Administrative Office of
Courts shall have the right to inspect any youth court records * * * in order that the number of youthful offenders, abused,
neglected, truant and dependent children, as well as children in need of
special care and children in need of supervision, may be tracked with
specificity through the youth court and adult justice system, and to utilize
tracking forms for such purpose.
���� ( * * *1510)� Upon a request by a youth court,
the Administrative Office of Courts shall disclose all information at its
disposal concerning any previous youth court intakes alleging that a child was
a delinquent child, child in need of supervision, child in need of special
care, truant child, abused child or neglected child, as well as any previous
youth court adjudications for the same and all dispositional information
concerning a child who at the time of such request comes under the jurisdiction
of the youth court making such request.
���� ( * * *1611)� The Administrative Office of
Courts may, in its discretion, disclose to the Department of Public Safety any
or all of the information involving children contained in the * * * office's uniform youth court data
management system * * *
known as Mississippi Youth Court Information Delivery System or
"MYCIDS.".
���� ( * * *1712)� The youth courts of the state
shall disclose to the Joint Legislative Committee on Performance Evaluation and
Expenditure Review (PEER) any youth court records in order that the number of
youthful offenders, abused, neglected, truant and dependent children, as well
as children in need of special care and children in need of supervision, may be
tracked with specificity through the youth court and adult justice system, and
to utilize tracking forms for such purpose.� The disclosure prescribed in this
subsection shall not require a court order and shall be made in sortable,
electronic format where possible.� The PEER Committee may seek the assistance
of the Administrative Office of Courts in seeking this information.� The PEER
Committee shall not disclose the identities of any youth who have been
adjudicated in the youth courts of the state and shall only use the disclosed
information for the purpose of monitoring the effectiveness and efficiency of
programs established to assist adjudicated youth, and to ascertain the
incidence of adjudicated youth who become adult offenders.
 * * * (18)� In every case where an abuse or neglect allegation
has been made, the confidentiality provisions of this section shall not apply
to prohibit access to a child's records by any state regulatory agency, any
state or local prosecutorial agency or law enforcement agency; however, no
identifying information concerning the child in question may be released to the
public by such agency except as otherwise provided herein.
 (19)�
In every case of child abuse or neglect, if a child's physical condition is
medically labeled as medically "serious" or "critical" or a
child dies, the confidentiality provisions of this section shall not apply.� In
such cases, the following information may be released by the Mississippi
Department of Child Protection Services:� the cause of the circumstances
regarding the fatality or medically serious or critical physical condition; the
age and gender of the child; information describing any previous reports of
child abuse or neglect investigations that are pertinent to the child abuse or
neglect that led to the fatality or medically serious or critical physical
condition; the result of any such investigations; and the services provided by
and actions of the state on behalf of the child that are pertinent to the child
abuse or neglect that led to the fatality or medically serious or critical
physical condition.
���� ( * * *2013)� Any member of a foster care
review board designated by the Department of Child Protection Services shall
have the right to inspect youth court records relating to the abuse, neglect or
child in need of supervision cases assigned to such member for review.
���� ( * * *2114)� Information concerning an
investigation into a report of child abuse or child neglect may be disclosed * * * without further order of the youth court in
any administrative or due process hearing held, pursuant to Section 43-21-257,
by the Department of Child Protection Services for individuals whose names will
be placed on the central registry as substantiated perpetrators.
���� ( * * *2215)� The Department of Child
Protection Services may disclose records involving children to the following:
��������� (a)� A foster home,
residential child-caring agency or child-placing agency to the extent necessary
to provide such care and services to a child;
��������� (b)� An individual,
agency or organization that provides services to a child or the child's family
in furtherance of the child's permanency plan to the extent necessary in
providing those services;
��������� (c)� Health and mental
health care providers of a child to the extent necessary for the provider to
properly treat and care for the child;
��������� (d)� An educational
institution or educational services provider where the child is enrolled or
where enrollment is anticipated to the extent necessary for the school to
provide appropriate services to the child;
��������� (e)� Any state agency
or board that administers student financial assistance programs.� However, any
records request under this paragraph shall be initiated by the agency or board
for the purpose determining the child's eligibility for student financial
assistance, and any disclosure shall be limited to the verification of the
child's age during the period of time in which the child was in the
department's legal custody; and
��������� (f)� Any other state
agency if the disclosure is necessary to the department in fulfilling its
statutory responsibilities in protecting the best interests of the child.
 * * * (23)� Nothing in this section or chapter shall require
youth court approval for disclosure of records involving children as defined in
Section 43‑21‑105(u), if the disclosure is made in a criminal
matter by a municipal or county prosecutor, a district attorney or statewide
prosecutor, pursuant to the Mississippi Rules of Criminal Procedure and the
records are disclosed under a protective order issued by the Circuit Court
presiding over the criminal matter which incorporates the penalties stated in
Section 43‑21‑267.
���� ( * * *2416)� The provisions of this section
shall stand repealed on July 1, * * * 2026 2029.
���� SECTION 16.� The
following shall be codified as Section 43-21-262, Mississippi Code of 1972:
���� 43-21-262.�
(1)� The term "forensic interview and related records" means all
records in the possession of a child advocacy center or person or entity with
whom a child advocacy center has contracted with for services that were derived
in whole or in part from the forensic interview of the child, multidisciplinary
team investigation or provision of services by child advocacy center staff,
interns, volunteers or contract employees, including, but not limited to, the
forensic interview recording, reports, summaries, therapy records, notes, diagrams
and/or drawings.
���� (2)� Where a child has been
referred to a child advocacy center, the forensic interview and related records
shall be subject to the conditions and exceptions contained in this section.
���� (3)� The forensic interview
and related records shall not be disclosed to any person or entity without an
order authorizing disclosure from the youth court with jurisdiction of the
records.
���� SECTION 17.� Section
43-21-263, Mississippi Code of 1972, is amended as follows:
���� 43-21-263.�
(1)� The youth court may order the sealing of records involving children:
��������� (a)�
If the child who was the subject of the cause has attained twenty (20) years of
age;
��������� (b)�
If the youth court dismisses the cause; or
��������� (c)�
If the youth court sets aside an adjudication in the cause.
���� (2)�
The youth court may * * *,
at any time, upon its own motion or upon application of a party to a
youth court cause and after a hearing on the record where specific findings
and conclusions are entered on the record, order the sealing or unsealing
of the records involving children and may expunge the records of a child
adjudicated a delinquent child or a child in need of supervision.
���� SECTION 18.� Section
43-21-267, Mississippi Code of 1972, which creates a criminal penalty for the
disclosure of certain records, is hereby repealed.
���� SECTION 19.� Section
43-21-305, Mississippi Code of 1972, which authorizes a law enforcement officer
to stop and question certain children in public, is hereby repealed.
���� SECTION 20.� Section
43-21-351, Mississippi Code of 1972, is reenacted and amended as follows:
���� 43-21-351.� (1)� Any person
or agency having knowledge that a child residing or being within the county is
within the jurisdiction of the youth court may make a written report to the
intake * * * unit officer alleging facts sufficient
to establish the jurisdiction of the youth court.� Delinquency reports shall
include either a law enforcement report or a sworn affidavit.� The report
shall bear a permanent number that will be assigned by the court in accordance
with the standards established by the Administrative Office of Courts pursuant
to Section 9-21-9(d), and shall be preserved until destroyed on order of the
court.
���� (2)� There shall be in each
youth court of the state an intake officer who shall be responsible for the
accurate and timely entering of all intake and case information into the * * * Mississippi uniform
youth court * * * Information Delivery data management
system * * * (MYCIDS)
for * * * the Department of
Human Services ‑ Division of Youth Services, truancy matters, and the
Department of Child Protection Services.� It shall be the responsibility of the
youth court judge or referee of each county to ensure that the intake officer
is carrying out the responsibility of this section all youth
court matters.
���� (3)� Each intake officer
shall receive, at a minimum, * * * six (6) twelve
(12) hours of annual intake training * * * on MYCIDS provided by the * * * Mississippi Judicial
College.� The required training under this subsection shall be in addition to
technical training provided by the Mississippi Supreme Court MYCIDS Information
Technology Department Administrative Office of Courts on the
uniform youth court data management system designated by the officer under
Section 9-21-9(1)(d).
���� (4)� The Mississippi
Judicial College * * *, in
conjunction with the Administrative Office of Courts, shall * * * develop make
available training materials on * * * MYCIDS:
� (a)�
To ensure the accurate and timely entrance of all intake and case information
throughout the state by intake officers;
� (b)�
To ensure that youth court judges are equipped to oversee the functions of each
intake officer the data management system.
���� (5)� The provisions of this
section shall stand repealed on July 1, * * * 2026 2029.
���� SECTION 21.� Section
43-21-353, Mississippi Code of 1972, is amended as follows:
���� 43-21-353.� (1)� Any
attorney, physician, dentist, intern, resident, nurse, psychologist, social
worker, family protection worker, family protection specialist, child caregiver,
minister, law enforcement officer, public or private school employee or any
other person having reasonable cause to suspect that a child is a neglected
child, an abused child, or a victim of commercial sexual exploitation or human
trafficking shall cause an oral report to be made immediately by telephone or
otherwise and followed as soon thereafter as possible by a report in writing to
the Department of Child Protection Services, and immediately a referral shall
be made by the Department of Child Protection Services to the youth court
intake unit, which unit shall promptly comply with Section 43-21-357.� In the
course of an investigation, at the initial time of contact with the
individual(s) about whom a report has been made under this Youth Court Act or with
the individual(s) responsible for the health or welfare of a child about whom a
report has been made under this chapter, the Department of Child Protection
Services shall inform the individual of the specific complaints or allegations
made against the individual.� Consistent with subsection (4), the identity of
the person who reported his or her suspicion shall not be disclosed at that
point.� Where appropriate, the Department of Child Protection Services shall
additionally make a referral to the youth court prosecutor.
���� Upon receiving a report that
a child has been sexually abused, is a victim of commercial sexual exploitation
or human trafficking or has been burned, tortured, mutilated or otherwise
physically abused in such a manner as to cause serious bodily harm, or upon
receiving any report of abuse that would be a felony under state or federal
law, the Department of Child Protection Services shall immediately notify the
law enforcement agency in whose jurisdiction the abuse occurred.� Within forty-eight
(48) hours, the department must notify the appropriate prosecutor and the
Statewide Human Trafficking Coordinator.� The department shall have the duty to
provide the law enforcement agency all the names and facts known at the time of
the report; this duty shall be of a continuing nature.� The law enforcement
agency and the department shall investigate the reported abuse immediately and
shall file a preliminary report with the appropriate prosecutor's office within
twenty-four (24) hours and shall make additional reports as new or additional
information or evidence becomes available. * * *� The department shall
advise the clerk of the youth court and the youth court prosecutor of all cases
of abuse reported to the department within seventy‑two (72) hours and
shall update such report as information becomes available.� In
addition, if the Department of Child Protection Services determines that a
parent or other person responsible for the care or welfare of an abused or
neglected child maintains active duty status within the military, the
department shall notify the applicable military installation family advocacy
program that there is an allegation of abuse or neglect that relates to that
child.
���� (2)� Any report shall
contain the names and addresses of the child and his parents or other persons
responsible for his care, if known, the child's age, the nature and extent of
the child's injuries, including any evidence of previous injuries, any other
information that might be helpful in establishing the cause of the injury, and
the identity of the perpetrator.
���� (3)� The Department of Child
Protection Services shall maintain a statewide incoming wide-area telephone
service or similar service for the purpose of receiving reports of suspected
cases of child abuse, commercial sexual exploitation or human trafficking;
provided that any attorney, physician, dentist, intern, resident, nurse,
psychologist, social worker, family protection worker, family protection
specialist, child caregiver, minister, law enforcement officer or public or
private school employee who is required to report under subsection (1) of this
section shall report in the manner required in subsection (1).
���� (4)� Reports of abuse,
neglect and commercial sexual exploitation or human trafficking made under this
chapter and the identity of the reporter are confidential except when the court
in which the investigation report is filed, in its discretion, determines the
testimony of the person reporting to be material to a judicial proceeding or
when the identity of the reporter is released to law enforcement agencies and
the appropriate prosecutor pursuant to subsection (1).� Reports made under this
section to any law enforcement agency or prosecutorial officer are for the
purpose of criminal investigation and prosecution only and no information from
these reports may be released to the public except as provided by Section 43-21-261
or Section 43-21-262.� Disclosure of any information by the prosecutor
shall be according to the Mississippi Uniform Rules of Circuit and County Court
Procedure.� The identity of the reporting party shall not be disclosed to
anyone other than law enforcement officers or prosecutors without an order from
the appropriate youth court.  * * * Any person disclosing any reports made under this section
in a manner not expressly provided for in this section or Section 43‑21‑261
shall be guilty of a misdemeanor and subject to the penalties prescribed by
Section 43‑21‑267.� Notwithstanding the confidentiality
of the reporter's identity under this section, the Department of Child
Protection Services may disclose a reporter's identity to the appropriate law
enforcement agency or prosecutor if the department has reason to suspect the
reporter has made a fraudulent report, and the Department of Child Protection
Services must provide to the subject of the alleged fraudulent report written
notification of the disclosure.
���� (5)� All final dispositions
of law enforcement investigations described in subsection (1) of this section
shall be determined only by the appropriate prosecutor * * * or court.� All final dispositions of investigations
by the Department of Child Protection Services as described in subsection (1)
of this section shall be determined * * * only by the Department
of Child Protection Services or the youth court prosecutor.� Reports
made under subsection (1) of this section by the Department of Child Protection
Services to the law enforcement agency and to the district attorney's office
shall include the following, if known to the department:
��������� (a)� The name and
address of the child;
��������� (b)� The names and
addresses of the parents;
��������� (c)� The name and
address of the suspected perpetrator;
��������� (d)� The names and
addresses of all witnesses, including the reporting party if a material witness
to the abuse;
��������� (e)� A brief statement
of the facts indicating that the child has been abused, including whether the
child experienced commercial sexual exploitation or human trafficking, and any
other information from the agency files or known to the family protection
worker or family protection specialist making the investigation, including
medical records or other records, which may assist law enforcement or the
district attorney in investigating and/or prosecuting the case; and
��������� (f)� What, if any,
action is being taken by the Department of Child Protection Services.
���� (6)� In any investigation of
a report made under this chapter of the abuse or neglect of a child as defined
in Section 43-21-105(l) or (m), the Department of Child Protection Services may
request the appropriate law enforcement officer with jurisdiction to accompany
the department in its investigation, and in such cases the law enforcement
officer shall comply with such request.
���� (7)� Anyone who willfully
violates any provision of this section shall be, upon being found guilty,
punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by
imprisonment in jail not to exceed one (1) year, or both.
���� (8)� If a report is made
directly to the Department of Child Protection Services that a child has been
abused or neglected or experienced commercial sexual exploitation or human
trafficking in an out-of-home setting, a referral shall be made immediately to
the law enforcement agency in whose jurisdiction the abuse occurred and the
department shall notify the district attorney's office and the Statewide Human
Trafficking Coordinator within forty-eight (48) hours of such report.� The
Department of Child Protection Services shall investigate the out-of-home
setting report of abuse or neglect to determine whether the child, who
is the subject of the report, or other children in the same environment * * *,comes come within the jurisdiction of
the youth court and shall report to the youth court the department's findings
and recommendation as to whether the child who is the subject of the report or
other children in the same environment require the protection of the youth
court.� The law enforcement agency shall investigate the reported abuse
immediately and shall file a preliminary report with the district attorney's
office within forty-eight (48) hours and shall make additional reports as new
information or evidence becomes available.� If the out-of-home setting is a
licensed facility, an additional referral shall be made by the Department of
Child Protection Services to the licensing agency.� The licensing agency shall
investigate the report and shall provide the department, the law enforcement
agency and the district attorney's office with their written findings from such
investigation as well as that licensing agency's recommendations and actions
taken.
���� (9)� If a child
protective investigation does not result in an out-of-home placement, a child
protective investigator must provide information to the parent or guardians
about community service programs that provide respite care, counseling and
support for children who have experienced commercial sexual exploitation or
human trafficking, voluntary guardianship or other support services for
families in crisis.
���� SECTION 22.� Section
43-21-357, Mississippi Code of 1972, is amended as follows:
���� 43-21-357.� (1)� After
receiving a report, the youth court intake * * * unit officer
shall promptly make a preliminary inquiry to determine whether the interest of
the child, other children in the same environment or the public requires the
youth court to take further action.� As part of the preliminary inquiry, the
youth court intake * * * unit officer may request * * * or that
the youth court * * * may order the Department of Child Protection
Services, the Department of Human Services - Division of Youth Services, any
successor agency or any other qualified public employee to make an
investigation or report concerning the child and any other children in the same
environment, and present the findings thereof to the youth court intake * * * unit officer.
���� (2)� If the youth
court intake * * * unit officer receives a neglect or abuse
report, the youth court intake * * * unit officer
shall immediately forward the complaint to the Department of Child Protection
Services to promptly make an investigation or report concerning the child and
any other children in the same environment and promptly present the findings
thereof to the youth court intake * * * unit officer.
���� (3)� If it appears
from the preliminary inquiry that the child or other children in the same
environment are within the jurisdiction of the court, the youth court intake
unit shall * * * recommend
to the youth court file a written recommendation within fourteen
(14) days of receiving a completed referral giving notice to:
��������� (a)� The youth court
prosecutor in delinquency matters; or
��������� (b)� The Mississippi
Department of Child Protection Services attorney or the youth court prosecutor
in welfare matters.
���� (4)� Within fourteen (14)
days after the receipt of notice of the filing of the intake recommendation,
the youth court prosecutor, in delinquency matters, shall:
��������� (a) * * *� That the youth court
take no action� File a case closure notice;
��������� (b) * * *� That an informal adjustment be made� File
a referral to the youth intervention court;
��������� (c) * * *� That� Divert the case for monitoring by
the Division of Youth Services within the Department of * * * Child Protection
Human Services * * *
monitor the child, family and other children in the same environment
by filing notice of the same;
��������� (d) * * *� That the child is warned or counseled informally�
Divert the matter to a diversion program by filing notice of the same;
��������� (e) * * *� That the child be referred to the youth court
intervention court; or� Recommend to the youth court that an
informal adjustment be made;
��������� (f)� Recommend to
the youth court that the child is warned or counseled informally; or
��������� ( * * *fg) * * *� That a petition be filed.� File a
petition.
 * * * (2)� The youth court shall then, without a hearing:
� (a)�
Order that no action be taken;
� (b)�
Order that an informal adjustment be made;
� (c)�
Order that the Department of Child Protection Services monitor the child,
family and other children in the same environment;
� (d)�
Order that the child is warned or counseled informally;
� (e)�
That the child be referred to the youth intervention court; or
� (f)�
Order that a petition be filed.
���� (5)� Within fourteen (14)
days after the receipt of notice of the filing of the intake recommendation,
the Department of Child Protection Services or the youth court prosecutor, in
welfare matters, shall:
��������� (a)� File a case
closure notice;
��������� (b)� File a referral
to the youth intervention court;
��������� (c)� Enter a notice
of active monitoring by the agency;
��������� (d)� Divert the
matter to a diversion program by filing notice of the same; or
��������� (e)� File a
petition.
���� (6)� The case closure
notice shall be reviewable by the youth court for thirty (30) days after the
entry of the notice on the court's own motion, on motion by the youth court
prosecutor, or on motion by the Department of Child Protection Services.�
Nothing in this section shall affect the timeline relating to the filing of a
petition once the youth court has issued a custody order pursuant to Section 43-21-301.
���� ( * * *37)� If the preliminary inquiry
discloses that a child needs emergency medical treatment, the judge may order
the necessary treatment.
���� (8)� Intake officers,
youth court prosecutors, the Mississippi Department of Child Protection
Services, or personnel or contractors of any state agency shall not communicate
with a youth court or youth court judge concerning a youth court case or matter
until authorized by this chapter.
���� SECTION 23.� Section
43-21-401, Mississippi Code of 1972, is amended as follows:
���� 43-21-401.�
(1)� Informal adjustment pursuant to the informal adjustment agreement provided
in Section 43-21-405 shall include:
��������� (a)�
The giving of counsel and advice to the child and his parent, guardian or
custodian;
��������� (b)�
Referrals to public and private agencies which may provide benefits, guidance
or services to the child and his parent, guardian or custodian;
��������� (c)�
Temporary placement of the child or supervision by the youth court counselor
with the consent of the child and his parent, guardian or custodian * * *, subject to youth court review.
���� (2)�
If authorized by the youth court, informal adjustment may be commenced after
the filing of a petition.
���� (3)�
If the child and his parent, guardian or custodian agree to participate in an
informal adjustment process, the defense of a failure to provide a speedy trial
is waived and a petition may be filed if the informal adjustment process is
unsuccessfully terminated under Section 43-21-407.
���� SECTION 24.� Section
43-21-405, Mississippi Code of 1972, is amended as follows:
���� 43-21-405.� (1)� The
informal adjustment process shall be initiated with an informal adjustment
conference conducted by an informal adjustment counselor * * * appointed by the judge or his designee assigned
by the Division of Youth Services within the Department of Human Services.
���� (2)� If the child and his
parent, guardian or custodian appear at the informal adjustment conference
without counsel, the informal adjustment counselor shall, at the commencement
of the conference, inform them of their right to counsel, the child's right to
appointment of counsel and the right of the child to remain silent.� If either
the child or his parent, guardian or custodian indicates a desire to be
represented by counsel, the informal adjustment counselor shall adjourn the
conference to afford an opportunity to secure counsel.
���� (3)� At the beginning of the
informal adjustment conference, the informal adjustment counselor shall inform
the child and his parent, guardian or custodian:
��������� (a)� That information
has been received concerning the child which appears to establish jurisdiction
of the youth court;
��������� (b)� The purpose of the
informal adjustment conference;
��������� (c)� That during the
informal adjustment process no petition will be filed;
��������� (d)� That the informal
adjustment process is voluntary with the child and his parent, guardian or
custodian and that they may withdraw from the informal adjustment at any time;
and
��������� (e)� The circumstances
under which the informal adjustment process can be terminated under Section 43-21-407.
���� (4)� The informal adjustment
counselor shall then discuss with the child and his parent, guardian or
custodian:
��������� (a)� Recommendations
for actions or conduct in the interest of the child to correct the conditions
of behavior or environment which may exist;
��������� (b)� Continuing
conferences and contacts with the child and his parent, guardian or custodian
by the informal adjustment counselor or other authorized persons; and
��������� (c)� The child's
general behavior, his home and school environment and other factors bearing
upon the proposed informal adjustment.
���� (5)� After the parties have
agreed upon the appropriate terms and conditions of informal adjustment, the
informal adjustment counselor and the child and his parent, guardian or
custodian shall sign a written informal adjustment agreement setting forth the
terms and conditions of the informal adjustment.� The informal adjustment
agreement may be modified at any time upon the consent of all parties to the
informal adjustment conference.
���� (6)� [Until July 1,
2027, this subsection shall read as follows:]� The informal adjustment
process shall not continue beyond a period of six (6) months from its
commencement unless extended by the youth court for an additional period not to
exceed six (6) months by court authorization prior to the expiration of the
original six-month period.� In no event shall the custody or supervision of a
child which has been placed with the Department of Human Services - Division of
Youth Services or the Department of Child Protection Services be continued or
extended except upon a written finding by the youth court judge or referee that
reasonable efforts have been made to maintain the child within his own home,
but that the circumstances warrant his removal and there is no reasonable alternative
to custody, and that reasonable efforts will continue to be made towards
reunification of the family.
���� (6)� [From and after
July 1, 2027, this subsection shall read as follows:]� The informal
adjustment process shall not continue beyond a period of six (6) months from
its commencement unless extended by the youth court for an additional period
not to exceed six (6) months by court authorization prior to the expiration of
the original six-month period.� In no event shall the custody or supervision of
a child which has been placed with the Department of Human Services - Division
of Youth Services or the Department of Child Protection Services be continued
or extended except upon a written finding by the youth court judge * * * or referee that reasonable efforts have been
made to maintain the child within his own home, but that the circumstances
warrant his removal and there is no reasonable alternative to custody, and that
reasonable efforts will continue to be made towards reunification of the family.
���� SECTION
25.� The following shall be codified as Section 43-21-409,
Mississippi Code of 1972:
���� 43-21-409.� (l)� (a)�
The Legislature declares its intent to establish a youth diversion program that
integrates smart practices and provides community-based alternatives to the
formal court system to:� reduce juvenile crime and recidivism, improve positive
youth outcomes, change youth offenders' behavior and attitudes, promote youth
offenders' accountability, recognize and support the rights of victims, heal the
harm to relationships and the community caused by youth crime, and reduce the
costs within the juvenile justice system.
��������� (b)� The Legislature
recognizes that research has shown that court involvement with youth who are
not identified as displaying a risk of harm to others can have a more harmful
impact on these youth, and most low-risk youth can grow out of their behavior
and stop reoffending without intervention from the juvenile justice system.
��������� (c)� The Legislature
declares that the goals of the youth diversion program are to:
������������� (i)� Prevent
further involvement of youth in the formal legal system;
������������� (ii)� Consider
youth who demonstrate behaviors or symptoms consistent with intellectual and
developmental disabilities, mental or behavioral health issues or lack of
mental capacity, and divert those youth out of the juvenile justice system and
refer them to a community treatment program;
������������� (iii)� Provide
eligible youth with cost-effective alternatives to adjudication that require
the least amount of supervision and restrictive conditions necessary consistent
with public safety and the youth's assessed level of risk of reoffending;
������������� (iv)� Serve the
best interest of the youth while emphasizing acceptance of responsibility and
repairing any harm caused to victims and the community;
������������� (v)� Reduce
recidivism and improve positive outcomes for each youth through the provision
of services, if warranted, that address the youth's specific needs and are
proven effective; and
������������� (vi)� Ensure
appropriate services are available for all eligible youth.
���� (2)� For purposes of this
section:
��������� (a)�
"Director" means the director of the division.
��������� (b)�
"Division" means the Division of Youth Services of the Department of
Human Services.
��������� (c)� "Risk
screening tool" is a standardized implement approved by the Administrative
Office of Courts to assist intake officers in assessing the need for diversion
in a particular case.
��������� (d)�
"Services" may include, but are not limited to, provision of
diagnostic needs assessments, general counseling and counseling during a crisis
situation, behavioral health services, services for youth with developmental
disabilities, specialized tutoring, job training and placement, restitution
programs, community service, constructive recreational activities, day
reporting and day treatment programs, and follow-up activities.
��������� (e)� "Validated
assessment tool" is a standardized implement approved by the division to
be utilized after screening to gauge risk and needs and guide specific
interventions within diversion.
���� (3)� (a)� The division may
establish and administer a youth diversion program that seeks to divert youth
from the youth justice system and integrate smart practices.
��������� (b)� To effectuate the
program, the division shall allocate money within each youth court district and
may contract with governmental units and nongovernmental agencies for
reasonable and necessary expenses and services to serve each youth court
district to divert youth and provide services, if warranted, for each eligible
youth through community-based programs, which shall provide an alternative to
entry into the formal legal system.
��������� (c)� If diversion is
recommended by the intake officer in accordance with subsection (4) of this
section, a youth's entry into the youth diversion program shall be initiated by
the filing of a notice pursuant to the rules established in Section 43-21-357.
���� (4)� The intake officer
shall:
��������� (a)� On and after
January 1, 2027, conduct a risk screening using a risk screening tool for all
youth currently referred to the youth court and referred in the future to the
youth court, including referrals for alleged violations of the compulsory
school attendance law, unless:
������������� (i)� The youth is
committed or on probation;
������������� (ii)� An attempt
has already been made to divert the youth; or
������������� (iii)� The
prosecuting attorney:
������������������ 1.� Declines
to file a petition;
������������������ 2.� Dismisses
the case; or
������������������ 3.� Charges
the youth with an offense within the exclusive jurisdiction of the circuit
court;
��������� (b)� Use the results of
the risk screening to inform eligibility for participation in a youth diversion
program and the level and intensity of supervision deemed necessary for youth
diversion;
��������� (c)� Consider the use
of diversion to prevent a youth who demonstrates behaviors or symptoms
consistent with an intellectual and developmental disability, a mental health
or behavioral health issue, or a lack of mental capacity from further
involvement in formal delinquency proceedings;
��������� (d)� Consider all
available alternatives, including, but not limited to, a referral to the State
Department of Mental Health, or a collaborative management program in lieu of
adjudication in a case in which a youth demonstrates behaviors or symptoms that
indicate that the youth cannot understand or participate in diversion and where
it is likely that a youth would be found incompetent and unlikely to be
restored in the foreseeable future;
��������� (e)� Recommend
diversion of the case to the division if the screening indicates diversion is
appropriate;
��������� (f)� Disclose the
results of the risk screening to the youth and the youth's family or guardian;
��������� (g)� Collect data
pursuant to subsection (9) of this section; and
��������� (h)� Establish and make
public any eligibility criteria for participation in a youth diversion program
and use the results of the risk screening to make decisions on eligibility
criteria.
���� (5)� An intake officer shall
not deny diversion to a youth based on the youth's:
��������� (a)� Inability to pay;
��������� (b)� Previous or
current involvement with the Department of Human Services;
��������� (c)� Age, race or
ethnicity, gender, gender identity, gender expression, or sexual orientation;
��������� (d)� Legal
representation; or
��������� (e)� Behaviors or
symptoms consistent with an intellectual and developmental disability, a mental
health or behavioral health issue, or a lack of mental capacity, unless the
behaviors or symptoms are so severe that the youth cannot understand or
participate in diversion;
���� (6)� The division shall
ensure that:
��������� (a)� The policies and
practices of the youth diversion program are aligned with evidence-based
practices and with the definition of "diversion" under Section 43-21-105(ll);
��������� (b)� All individuals
using the risk screening tool under this section receive training on the
appropriate use of the tool.
���� (7)� The risk screening tool
under this section is for informing decisions about diversion only.� The risk
screening tool and any information obtained from a youth in the course of any
screening, including any admission, confession, or incriminating evidence obtained
from a youth in the course of any screening or assessment, in conjunction with
proceedings pursuant to this section or made in order to participate in a
diversion program, is not admissible into evidence in any adjudicatory hearing
in which the youth is accused and is not subject to subpoena, any other court
process for use in any other proceeding, or for any other purpose.
���� (8)� (a)� Diversion programs
may use the results of a validated assessment tool approved by the division in
consultation with the Administrative Office of Courts to inform:
������������� (i)� The level and
intensity of supervision necessary for youth diversion;
������������� (ii)� The length of
supervision for youth diversion; and
������������� (iii)� What
services, if any, may be offered to the youth; and
��������� (b)� (i)� The intake
officer may recommend to the division which professionals should be involved in
a youth's particular youth diversion program to assist with the youth's needs,
treatment, and service planning.
������������� (ii)� This
recommendation may include, but is not limited to, referrals to prosecutors,
youth defenders, probation officers, behavioral health treatment providers,
providers who offer services to youth with developmental disabilities, and
state and local governmental entities, such as the Department of Human
Services, nongovernmental agencies, and individuals collaborating to provide
appropriate diversion services.
���� (9)� (a)� The Division of
Youth Services, in collaboration with diversion program directors who accept
money for programs
providing youth diversion
services, shall establish minimum data collection requirements and outcome
measures that each
governmental unit and
nongovernmental agency shall collect and submit annually for all youth referred
by an intake officer.� At a minimum, the data summary shall include:
������������� (i)� Demographic
data on age, race or ethnicity, gender, sexual orientation, and gender
identity;
������������� (ii)� Risk
screening conducted;
������������� (iii)� Risk level
as determined by the risk screening or, if a screening was not completed, the
reason why a screening was not completed;
������������� (iv)� Offense
committed by the youth;
������������� (v)� Diversion
status;
������������� (vi)� Service
participation and whether the service was provided by community partners or an
in-house facility;
������������� (vii)� Program
completion data;
������������� (viii)� Referral to
smart practices services;
������������� (ix)� Child welfare
involvement; and
������������� (x)� Identifying
data necessary to track the long-term outcomes of diverted youth.
��������� (b)� On or before
August 1, 2027, and each August 1 thereafter, each agency that receives
diversion money pursuant to subsection (2) of this section shall report on the
number of youths who were screened for eligibility for diversion since the date
of the previous report but were subsequently rejected.� At a minimum, the
report shall include demographic data such as age, race and ethnicity, gender,
sexual orientation, and gender identity.� The reports shall include the data
for the state fiscal year from July 1 through June 30.
��������� (c)� For the purposes
of this subsection (9), when collecting demographic data from a youth,
governmental units and nongovernmental agencies shall provide the youth with an
option to decline to disclose demographic information.
���� (10)� (a)� In collaboration
with the division, each program providing services pursuant to this section
shall develop objectives and report progress toward established objectives as
required by rules promulgated by the director.
��������� (b)� The director shall
regularly monitor these diversion programs to ensure that progress is being
made to effectuate the purposes of this section.
��������� (c)� In addition to its
other duties under this section, the division shall:
������������� (i)� Offer
technical assistance to governmental units, nongovernmental agencies, and
diversion programs to support the uniform collection and reporting of data, and
to support program development and adherence to program requirements; and
������������� (ii)� Submit a
consolidated statewide report, on December 1 each year, to the Governor,
Lieutenant Governor, the Speaker of the House, the Chair of the Senate
Judiciary, Division A Committee, and to the Chair of the House Judiciary A
Committee.
���� SECTION 26.� Section
43-21-451, Mississippi Code of 1972, is amended as follows:
���� 43-21-451.� (1)� All
proceedings seeking an adjudication that a child is a delinquent child, a child
in need of supervision, a neglected child or an abused child shall be initiated
by the filing of a petition. * * *� Upon authorization of
the youth court,� The petition shall be drafted and filed:
��������� (a)� By the
youth court prosecutor * * *
unless the youth court has designated some other person to draft and file the
petition in delinquency matters; or
��������� (b)� By the
Mississippi Department of Child Protection Services or the youth court
prosecutor in child welfare matters.
���� (2)� The petition
shall be filed within five (5) days from the date of a detention hearing or
shelter hearing continuing custody. * * *� Unless another period of time is authorized by the youth
court or its designee, in noncustody cases the petition shall be filed within
ten (10) days of the court order authorizing the filing of a petition.�
The court may, in its discretion, dismiss the petition for failure to comply
with the time schedule contained herein.
���� (3)� All requests for
emergency removal made to the youth court shall be made in writing and
articulate the facts warranting emergency removal.� This request shall be filed
in the youth court within forty-eight (48) hours of removal.
���� (4)� Intake officers,
youth court prosecutors, the Mississippi Department of Child Protection
Services, or personnel or contractors of any state agency shall not communicate
with a youth court or youth court judge concerning a youth court case or matter
until authorized by this chapter.
���� SECTION 27.� Section
43-21-455, Mississippi Code of 1972, is amended as follows:
���� 43-21-455.� (1)� The petition shall set forth
plainly and concisely with particularity:
��������� (a)� Identification of the child, including his full name,
birth date, age, sex and residence;
��������� (b)� Identification of the parent, guardian or custodian
including the name and residence of the child's parents, the name and residence
of the child's legal guardian, if there be one, any person or agency in whose
custody the child may be and the child's nearest relative if no parent or
guardian be known;
��������� (c) �A statement of the facts, including the facts which
bring the child within the jurisdiction of the youth court and which show the
child is a delinquent child, a child in need of supervision, a neglected child
or an abused child;
��������� (d) �In petitions alleging delinquency, a citation of the
statute or ordinance which the child is alleged to have violated. Error in or
omission of the citation shall not be grounds for dismissing the petition or
for a reversal of the adjudication based thereon if the error or omission did
not mislead the child to his prejudice * * *.;
��������� (e)� In petitions alleging neglect or
abuse where there is intent to bypass the requirement to make reasonable
efforts to maintain the child within his home under Section 43-21-603(7)(c), a
citation of the statute and a statement of such intent;
���� ���� ( * * *ef)� A prayer for the type of
adjudicatory relief sought; and
��������� ( * * *fg) �If any of the facts herein
required are not known by the petitioner.
���� (2)� Two (2) or more offenses may, in the discretion of the
youth court, be alleged in the same petition in a separate count for each
offense.
���� (3)� Two (2) or more children may be the subject of the
same petition if:
��������� (a)� They are siblings; and
��������� (b)� They are alleged to be neglected or abused from a
common source of mistreatment or neglect.
���� (4)� Where the child is alleged to be a delinquent child,
the petition must recite factual allegations with the same particularity
required in a criminal indictment but need not have the technical form of a
criminal indictment.
���� (5)�
The petition may contain a motion to transfer.
���� SECTION 28.� Section
43-21-501, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-501.� When a petition
has been filed and the date of hearing has been set by the youth court, the
judge or his designee shall order the clerk of the youth court to issue a
summons to the following to appear personally at such hearing:
��������� (a)� The child named in
the petition;
��������� (b)� The person or
persons who have custody or control of the child;
��������� (c)� The parent or
guardian of the child if such parent or guardian does not have custody of the child;
��������� (d)� The Department of
Child Protection Services in child welfare matters; and
��������� (e)� Any other person
whom the court deems necessary.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-501.� When a petition
has been filed and the date of hearing has been set by the youth court, the
judge * * * or his designee
shall order the clerk of the youth court to issue a summons to the following to
appear personally at such hearing:
��������� (a)� The child named in
the petition;
��������� (b)� The person or
persons who have custody or control of the child;
��������� (c)� The parent or
guardian of the child if such parent or guardian does not have custody of the
child;
��������� (d)� The Department of
Child Protection Services in child welfare matters; and
��������� (e)� Any other person
whom the court deems necessary.
���� SECTION 29.� Section
43-21-505, Mississippi Code of 1972, is amended as follows:
���� 43-21-505.� Service of
summons must conform to the Uniform Rules of Youth Court Practice or the
Rules of Civil Procedure.
���� SECTION 30.� Section
43-21-557, Mississippi Code of 1972, is amended as follows:
���� 43-21-557.� (1)� At the
beginning of each adjudicatory hearing, the youth court shall:
��������� (a)� Verify the name,
age and residence of the child who is the subject of the cause and ascertain
the relationship of the parties, each to the other;
��������� (b)� Ascertain whether
all necessary parties are present and identify all persons participating in the
hearing;
��������� (c)� Ascertain whether
the notice requirements have been complied with and, if not complied with,
whether the affected parties intelligently waived compliance in accordance with
Section 43-21-507;
��������� (d)� Explain to the
parties the purpose of the hearing and the full range of possible
dispositional alternatives thereof; and
��������� (e)� Explain to the
parties:
������������� (i)� The right to
counsel;
������������� (ii)� The right to
remain silent;
������������� (iii)� The right to
subpoena witnesses;
������������� (iv)� The right to
cross-examine witnesses testifying against him; and
������������� (v)� The right to
appeal.
���� (2)� The youth court should
then ascertain whether the parties before the youth court are represented by
counsel.� If a party before the youth court is not represented by counsel, the
youth court shall ascertain whether the party understands his right to
counsel.� If the party wishes to retain counsel, the youth court shall continue
the hearing for a reasonable time to allow the party to obtain and consult with
counsel of his choosing.� If an indigent child does not have counsel, the youth
court shall appoint counsel to represent the child and shall continue the
hearing for a reasonable time to allow the child to consult with his appointed
counsel.
���� (3)� The youth court may
then inquire whether the parties admit or deny the allegations in the petition
as provided in Section 43-21-553.
���� (4)� The youth court may at
any time terminate the proceedings and dismiss the petition if the youth court
finds such action to be conducive to the welfare of the child and in the best
interest of the state.
���� SECTION 31.� Section
43-21-603, Mississippi Code of 1972, is amended as follows:
���� 43-21-603.� (1)� At the
beginning of each disposition hearing, the judge shall inform the parties of
the purpose of the hearing.
���� (2)� All testimony shall be
under oath unless waived by all parties and may be in narrative form.� The
court may consider any evidence that is material and relevant to the
disposition of the cause, including hearsay and opinion evidence.� At the
conclusion of the evidence, the youth court shall give the parties an
opportunity to present oral argument.
���� (3)� If the child has been
adjudicated a delinquent child, before entering a disposition order, the youth
court should consider, among others, the following relevant factors:
��������� (a)� The nature of the
offense;
��������� (b)� The manner in
which the offense was committed;
��������� (c)� The nature and
number of a child's prior adjudicated offenses;
��������� (d)� The child's need
for care and assistance;
��������� (e)� The child's
current medical history, including medication and diagnosis;
��������� (f)� The child's mental
health history, which may include, but not be limited to, the Massachusetts
Youth Screening Instrument version 2 (MAYSI-2);
��������� (g)� Copies of the
child's cumulative record from the last school of record, including special
education records, if applicable;
��������� (h)� Recommendation
from the school of record based on areas of remediation needed;
��������� (i)� Disciplinary
records from the school of record; and
��������� (j)� Records of
disciplinary actions outside of the school setting.
���� (4)� If the child has been
adjudicated a child in need of supervision, before entering a disposition
order, the youth court should consider, among others, the following relevant
factors:
��������� (a)� The nature and
history of the child's conduct;
��������� (b)� The family and
home situation; and
��������� (c)� The child's need
of care and assistance.
���� (5)� If the child has been
adjudicated a neglected child or an abused child, before entering a disposition
order, the youth court shall consider, among others, the following relevant
factors:
��������� (a)� The child's
physical and mental conditions;
��������� (b)� The child's or
family's need of assistance;
��������� (c)� The manner in
which the parent, guardian or custodian participated in, tolerated or condoned
the abuse, neglect or abandonment of the child;
��������� (d)� The ability of a
child's parent, guardian or custodian to provide proper supervision and care of
a child; and
���� ���� (e)� Relevant testimony
and recommendations, where available, from the foster parent of the child, the
grandparents of the child, the guardian ad litem of the child, representatives
of any private care agency that has cared for the child, the family protection
worker or family protection specialist assigned to the case, and any other
relevant testimony pertaining to the case.
���� (6)� After consideration of
all the evidence and the relevant factors, the youth court shall enter a
disposition order that shall not recite any of the facts or circumstances upon
which the disposition is based, nor shall it recite that a child has been found
guilty; but it shall recite that a child is found to be a delinquent child, a
child in need of supervision, a neglected child or an abused child.
���� (7)� If the youth court
orders that the custody or supervision of a child who has been adjudicated
abused or neglected be placed with the Department of Child Protection Services
or any other person or public or private agency, other than the child's parent,
guardian or custodian, the youth court shall find and the disposition order
shall recite that:
��������� (a)� (i)� Reasonable
efforts have been made to maintain the child within his own home, but that the
circumstances warrant his removal and there is no reasonable alternative to
custody; or
������������� (ii)� The
circumstances are of such an emergency nature that no reasonable efforts have
been made to maintain the child within his own home, and that there is no
reasonable alternative to custody; and
���� ���� (b)� That the effect of
the continuation of the child's residence within his own home would be contrary
to the welfare of the child and that the placement of the child in foster care
is in the best interests of the child; or
��������� (c)� Reasonable efforts
to maintain the child within his home shall not be required if the court
determines that:
������������� (i)� The parent has
subjected the child to aggravated circumstances, including, but not limited to,
abandonment, torture, chronic abuse and sexual abuse; or
������������� (ii)� The parent
has been convicted of murder of another child of that parent, voluntary
manslaughter of another child of that parent, aided or abetted, attempted,
conspired or solicited to commit that murder or voluntary manslaughter, or a
felony assault that results in the serious bodily injury to the surviving child
or another child of that parent; or
������������� (iii)� The parental
rights of the parent to a sibling have been terminated involuntarily; and
������������� (iv)� That the
effect of the continuation of the child's residence within his own home would
be contrary to the welfare of the child and that placement of the child in
foster care is in the best interests of the child.
���� Reasonable efforts to
maintain a child within his home shall not be bypassed under subsection (7)(c)
of this section unless the parent has received notice as required under Section
43-21-455(1)(e).
���� Once the reasonable efforts
requirement is bypassed, the court shall have a permanency hearing under
Section 43-21-613 within thirty (30) days of the finding.
���� (8)� Upon a written motion
by a party, the youth court shall make written findings of fact and conclusions
of law upon which it relies for the disposition order.� If the disposition
ordered by the youth court includes placing the child in the custody of a
training school, an admission packet shall be prepared for the child that
contains the following information:
��������� (a)� The child's
current medical history, including medications and diagnosis;
��������� (b)� The child's mental
health history;
��������� (c)� Copies of the
child's cumulative record from the last school of record, including special
education records, if reasonably available;
��������� (d)� Recommendation
from the school of record based on areas of remediation needed;
��������� (e)� Disciplinary
records from the school of record; and
��������� (f)� Records of
disciplinary actions outside of the school setting, if reasonably available.
���� Only individuals who are
permitted under the Health Insurance Portability and Accountability Act of 1996
(HIPAA) shall have access to a child's medical records which are contained in
an admission packet.� The youth court shall provide the admission packet to the
training school at or before the child's arrival at the training school.� The
admittance of any child to a training school shall take place between the hours
of 8:00 a.m. and 3:00 p.m. on designated admission days.
���� (9)� When a child in the
jurisdiction of the Youth Court is committed to the custody of the Mississippi
Department of Human Services or the Department of Child Protection Services and
is believed to be in need of treatment for a mental or emotional disability or
infirmity, the Department of Human Services or the Department of Child
Protection Services shall file an affidavit alleging that the child is in need
of mental health services with the Youth Court.� The Youth Court shall refer
the child to the appropriate community mental health center for evaluation
pursuant to Section 41-21-67.� If the prescreening evaluation recommends
residential care, the Youth Court shall proceed with civil commitment pursuant
to Sections 41-21-61 et seq., 43-21-315 and 43-21-611, and the Department of
Mental Health, once commitment is ordered, shall provide appropriate care,
treatment and services for at least as many adolescents as were provided
services in fiscal year 2004 in its facilities.
���� (10)� Any screening and
assessment examinations ordered by the court may aid in dispositions related to
delinquency, but no statements or admissions made during the course thereof may
be admitted into evidence against the child on the issue of whether the child
committed a delinquent act.
���� SECTION 32.� Section
43-21-609, Mississippi Code of 1972, is amended as follows:
���� 43-21-609.� In neglect and
abuse cases, the disposition order may include any of the following alternatives,
giving precedence in the following sequence, taking into consideration the
child's safety and the permanency plan that meets the best interest of the
child:
��������� (a)� Release the child to
the child's parent(s) or pre-petition guardian without further action;
��������� (b)� Order the child
placed in the custody of the Department of Child Protection Services who shall
make reasonable efforts to reunify the child with the child's parent(s);�
��������� ( * * *bc)� Place the child * * * in the custody of his
with the child's parents, a relative or other person subject to any
conditions and limitations as the court may prescribe.� If the court finds that
temporary relative placement, adoption or foster care placement is
inappropriate, unavailable or otherwise not in the best interest of the child,
durable legal custody may be granted by the court to any person subject to any
limitations and conditions the court may prescribe; such durable legal custody
will not take effect unless the child or children have been in the physical
custody of the proposed durable custodians for at least six (6) months under
the supervision of the Department of Child Protection Services.� After granting
durable legal custody of a minor child, the youth court shall retain original
and exclusive jurisdiction of all matters related to durable legal custody,
including, but not limited to, petitions to modify the durable legal custody.�
The requirements of Section 43-21-613 as to disposition review hearings do not
apply to those matters in which the court has granted durable legal custody.�
In such cases, the Department of Child Protection Services shall be released
from any oversight or monitoring responsibilities;
��������� ( * * *cd)� (i)� Grant durable legal relative
guardianship to a relative or fictive kin licensed as a foster parent if the
licensed relative foster parent or licensed fictive kin foster parent exercised
physical custody of the child for at least six (6) months before the grant of
durable legal relative guardianship and the Department of Child Protection
Services had legal custody or exercised supervision of the child for at least
six (6) months.� In order to establish durable legal relative guardianship, the
youth court must find the following:
������������������ 1.� That
reunification has been determined to be inappropriate;
������������������ 2.� That the
relative guardian or fictive kin guardian shows full commitment to the care,
shelter, education, nurture, and reasonable medical care of the child; and
������������������ 3.� That the
youth court consulted with any child twelve (12) years of age or older before
granting durable legal relative guardianship.
������������� (ii)� The
requirements of Section 43-21-613 as to disposition review hearings do not
apply to a hearing concerning durable legal relative guardianship.� However,
the Department of Child Protection Services must conduct an annual review and
recertification of the durable legal relative guardianship to determine whether
it remains in the best interest of the child.� If a material change in
circumstances occurs adverse to the best interest of the child, the parent,
relative guardian, fictive kin guardian, or Department of Child Protection
Services may petition the court to review the durable legal relative
guardianship;
��������� ( * * *de)� Order terms of treatment calculated
to assist the child and the child's parent, guardian or custodian which are
within the ability of the parent, guardian or custodian to perform;
��������� ( * * *ef)� Order youth court personnel, the
Department of Child Protection Services or child care agencies to assist the
child and the child's parent, guardian or custodian to secure social or medical
services to provide proper supervision and care of the child;
��������� ( * * *fg)� Give legal custody of the child to
any of the following but in no event to any state training school:
������������� (i)� The Department
of Child Protection Services for appropriate placement; or
������������� (ii)� [Until
July 1, 2027, this subparagraph (ii) shall read as follows:]� Any
private or public organization, preferably community-based, able to assume the
education, care and maintenance of the child, which has been found suitable by
the court.� Prior to assigning the custody of any child to any private
institution or agency, the youth court through its designee shall first inspect
the physical facilities to determine that they provide a reasonable standard of
health and safety for the child;
������������� (ii)� [From
and after July 1, 2027, this subparagraph (ii) shall read as follows:]�
Any private or public organization, preferably community-based, able to assume
the education, care and maintenance of the child, which has been found suitable
by the court.� Prior to assigning the custody of any child to any private
institution or agency, the youth court * * * �through its designee shall
first inspect the physical facilities to determine that they provide a
reasonable standard of health and safety for the child;
��������� ( * * *gh)� If the court makes a finding that
custody is necessary as defined in Section 43-21-301(3)(b), and that the child,
in the action pending before the youth court had not previously been taken into
custody, the disposition order shall recite that the effect of the continuation
of the child's residing within his or her own home would be contrary to the
welfare of the child, that the placement of the child in foster care is in the
best interests of the child, and unless the reasonable efforts requirement is
bypassed under Section 43-21-603(7)(c), the order also must state:
������������� (i)� That
reasonable efforts have been made to maintain the child within his or her own
home, but that the circumstances warrant his or her removal, and there is no
reasonable alternative to custody; or
������������� (ii)� The
circumstances are of such an emergency nature that no reasonable efforts have
been made to maintain the child within his or her own home, and there is no
reasonable alternative to custody; or
������������� (iii)� If the court
makes a finding in accordance with subparagraph (ii) of this paragraph, the
court shall order that reasonable efforts be made towards the reunification of
the child with his or her family; or
��������� ( * * *hi)� [Until July 1, 2027, this
paragraph (i) shall read as follows:]� If the court had, before the
disposition hearing in the action pending before the court, taken the child
into custody, the judge or referee shall determine, and the youth court order
shall recite that reasonable efforts were made by the Department of Child
Protection Services to finalize the child's permanency plan that was in effect
on the date of the disposition hearing.
��������� ( * * *hi)� [From and after July 1, 2027,
this paragraph (i) shall read as follows:]� If the court had, before
the disposition hearing in the action pending before the court, taken the child
into custody, the judge * * * or referee shall determine, and the youth court order shall
recite that reasonable efforts were made by the Department of Child Protection
Services to finalize the child's permanency plan that was in effect on the date
of the disposition hearing.
���� SECTION 33.� Section
43-21-613, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-613.� (1)� If the
youth court finds, after a hearing which complies with the sections governing
adjudicatory hearings, that the terms of a delinquency or child in need of
supervision disposition order, probation or parole have been violated, the
youth court may, in its discretion, revoke the original disposition and make
any disposition which it could have originally ordered.� The hearing shall be
initiated by the filing of a petition that complies with the sections governing
petitions in this chapter and that includes a statement of the youth court's
original disposition order, probation or parole, the alleged violation of that
order, probation or parole, and the facts which show the violation of that
order, probation or parole.� Summons shall be served in the same manner as
summons for an adjudicatory hearing.
���� (2)� On motion of a child or
a child's parent, guardian or custodian, the youth court may, in its
discretion, conduct an informal hearing to review the disposition order.� If
the youth court finds a material change of circumstances relating to the
disposition of the child, the youth court may modify the disposition order to
any appropriate disposition of equal or greater precedence which the youth
court could have originally ordered.
���� (3)� (a)� All disposition
orders for supervision, probation or placement of a child with an individual or
an agency shall be reviewed by the youth court judge or referee at least
annually to determine if continued placement, probation or supervision is in
the best interest of the child or the public.� For children who have been
adjudicated abused or neglected, except for those children for which a
different timeframe is provided under Section 43-21-603(7), the youth court
shall conduct a permanency hearing within three (3) months after the earlier of
the following and every three (3) months thereafter:
������������� (i)� An
adjudication that the child has been abused or neglected; or
������������� (ii)� The date of
the child's removal from the allegedly abusive or neglectful custodian/parent if
there has been an adjudication.
��������� (b)� The court shall
conduct a shelter review hearing within ninety (90) days of removal if there
has been no adjudication and ninety (90) days thereafter until adjudication.
���� (4)� (a)� Notice of
such hearings under this section shall be given in accordance with the
provisions of * * * Section 43‑21‑505(5) Section 43-21-505.�
In conducting the hearing, the judge or referee shall require a written report
and may require information or statements from the child's youth court
counselor, parent, guardian or custodian, which includes, but is not limited
to, an evaluation of the child's progress and recommendations for further
supervision or treatment.� The judge or referee shall, at the permanency
hearing determine the future status of the child, including, but not limited
to, whether the child should be returned to the parent(s) or placed with
suitable relatives, placed for adoption, placed for the purpose of establishing
durable legal custody or should, because of the child's special needs or
circumstances, be continued in foster care on a permanent or long-term basis.�
If the child is in an out-of-state placement, the hearing shall determine
whether the out-of-state placement continues to be appropriate and in the best
interest of the child.� At the permanency hearing the judge or referee shall
determine, and the youth court order shall recite that reasonable efforts were
made by the Department of Child Protection Services to finalize the child's
permanency plan that was in effect on the date of the permanency hearing.� The
judge or referee may find that reasonable efforts to maintain the child within
his home shall not be required in accordance with Section 43-21-603(7)(c), and
that the youth court shall continue to conduct permanency hearings for a child
who has been adjudicated abused or neglected, at least annually thereafter, for
as long as the child remains in the custody of the Mississippi Department of
Child Protection Services.
��������� (b)� The court may find
that the filing of a termination of parental rights petition is not in the
child's best interest if:
������������� (i)� The child is
being cared for by a relative; and/or
������������� (ii)� The
Department of Child Protection Services has documented compelling and
extraordinary reasons why termination of parental rights would not be in the
best interests of the child.
��������� (c)� The provisions of
this subsection shall also apply to review of cases involving a dependent
child; however, such reviews shall take place not less frequently than once
each one hundred eighty (180) days, or upon the request of the child's
attorney, a parent's attorney, or a parent as deemed appropriate by the youth
court in protecting the best interests of the child.� A dependent child shall
be ordered by the youth court judge or referee to be returned to the custody
and home of the child's parent, guardian or custodian unless the judge or
referee, upon such review, makes a written finding that the return of the child
to the home would be contrary to the child's best interests.
��������� (d)� Reviews are not to
be conducted unless explicitly ordered by the youth court concerning those
cases in which the court has granted durable legal custody.� In such cases, the
Department of Child Protection Services shall be released from any oversight or
monitoring responsibilities, and relieved of physical and legal custody and
supervision of the child.
���� ( * * *45)� The provisions of this section do
not apply to proceedings concerning durable legal relative guardianship.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-613.� (1)� If the
youth court finds, after a hearing which complies with the sections governing
adjudicatory hearings, that the terms of a delinquency or child in need of
supervision disposition order, probation or parole have been violated, the
youth court may, in its discretion, revoke the original disposition and make
any disposition which it could have originally ordered.� The hearing shall be
initiated by the filing of a petition that complies with the sections governing
petitions in this chapter and that includes a statement of the youth court's
original disposition order, probation or parole, the alleged violation of that
order, probation or parole, and the facts which show the violation of that
order, probation or parole.� Summons shall be served in the same manner as
summons for an adjudicatory hearing.
���� (2)� On motion of a child or
a child's parent, guardian or custodian, the youth court may, in its
discretion, conduct an informal hearing to review the disposition order.� If
the youth court finds a material change of circumstances relating to the
disposition of the child, the youth court may modify the disposition order to
any appropriate disposition of equal or greater precedence which the youth
court could have originally ordered.
���� (3)� (a)� All disposition
orders for supervision, probation or placement of a child with an individual or
an agency shall be reviewed by the youth court judge * * * or referee at least annually to determine if
continued placement, probation or supervision is in the best interest of the
child or the public.� For children who have been adjudicated abused or
neglected, except for those children for which a different timeframe is
provided under Section 43-21-603(7), the youth court shall conduct a permanency
hearing within three (3) months after the earlier of the following and every
three (3) months thereafter:
������������� (i)� An
adjudication that the child has been abused or neglected; or
������������� (ii)� The date of
the child's removal from the allegedly abusive or neglectful custodian/parent if
there has been an adjudication.
��������� (b)� The court shall
conduct a shelter review hearing within ninety (90) days of removal if there
has been no adjudication and ninety (90) days thereafter until adjudication.
���� (4)� (a)� Notice of
such hearings under this section shall be given in accordance with the
provisions of Section * * * 43‑21‑505(5) 43-21-505.� In
conducting the hearing, the judge * * * or referee shall require a written report and
may require information or statements from the child's youth court counselor,
parent, guardian or custodian, which includes, but is not limited to, an
evaluation of the child's progress and recommendations for further supervision
or treatment.� The judge * * * or referee shall, at the permanency hearing determine the
future status of the child, including, but not limited to, whether the child
should be returned to the parent(s) or placed with suitable relatives, placed
for adoption, placed for the purpose of establishing durable legal custody or
should, because of the child's special needs or circumstances, be continued in
foster care on a permanent or long-term basis.� If the child is in an out-of-state
placement, the hearing shall determine whether the out-of-state placement
continues to be appropriate and in the best interest of the child.� At the
permanency hearing the judge * * * or referee shall determine, and the youth
court order shall recite that reasonable efforts were made by the Department of
Child Protection Services to finalize the child's permanency plan that was in
effect on the date of the permanency hearing.� The judge * * * or referee may find that reasonable efforts to
maintain the child within his home shall not be required in accordance with
Section 43-21-603(7)(c), and that the youth court shall continue to conduct
permanency hearings for a child who has been adjudicated abused or neglected,
at least annually thereafter, for as long as the child remains in the custody
of the Mississippi Department of Child Protection Services.
��������� (b)� The court may find
that the filing of a termination of parental rights petition is not in the
child's best interest if:
������������� (i)� The child is
being cared for by a relative; and/or
������������� (ii)� The
Department of Child Protection Services has documented compelling and
extraordinary reasons why termination of parental rights would not be in the
best interests of the child.
��������� (c)� The provisions of
this subsection shall also apply to review of cases involving a dependent
child; however, such reviews shall take place not less frequently than once
each one hundred eighty (180) days, or upon the request of the child's
attorney, a parent's attorney, or a parent as deemed appropriate by the youth
court in protecting the best interests of the child.� A dependent child shall
be ordered by the youth court judge * * * or referee to be returned to the custody and
home of the child's parent, guardian or custodian unless the judge * * * or referee, upon such review, makes a written
finding that the return of the child to the home would be contrary to the
child's best interests.
��������� (d)� Reviews are not to
be conducted unless explicitly ordered by the youth court concerning those
cases in which the court has granted durable legal custody.� In such cases, the
Department of Child Protection Services shall be released from any oversight or
monitoring responsibilities, and relieved of physical and legal custody and
supervision of the child.
���� ( * * *45)� The provisions of this section do
not apply to proceedings concerning durable legal relative guardianship.
���� SECTION 34.� Section
43-21-621, Mississippi Code of 1972, is amended as follows:
���� 43-21-621.� (1)� The youth
court may, in compliance with the laws governing education of children, order
any state-supported public school in its jurisdiction after notice and hearing
to enroll or reenroll any compulsory-school-age child in school, and further
order appropriate educational services.� Provided, however, that the youth
court shall not order the enrollment or reenrollment of a student that has been
suspended or expelled by a public school pursuant to Section 37-9-71 or 37-7-301
for possession of a weapon on school grounds, for an offense involving a threat
to the safety of other persons or for the commission of a violent act.� For the
purpose of this section "violent act" means any action which results
in death or physical harm to another or an attempt to cause death or physical
harm to another.� The superintendent of the school district to which such child
is ordered may, in his discretion, assign such child to the alternative school
program of such school established pursuant to Section 37-13-92, Mississippi
Code of 1972.� The court shall have jurisdiction to enforce school and
education laws.� Nothing in this section shall be construed to affect the
attendance of a child in a legitimate home instruction program.
���� (2)� The youth court may
specify the following conditions of probation related to any juvenile ordered
to enroll or reenroll in school:� That the juvenile maintain passing grades in
up to four (4) courses during each grading period and meet with the court
counselor and a representative of the school to make a plan for how to maintain
those passing grades.
���� (3)� If the adjudication of
delinquency was for an offense involving a threat to the safety of the juvenile
or others and school attendance is a condition of probation, the youth court
judge shall make a finding that the principal of the juvenile's school should
be notified.� If the judge orders that the principal be notified, the youth
court counselor shall within five (5) days or before the juvenile begins to
attend school, whichever occurs first, notify the principal of the juvenile's
school in writing of the nature of the offense and the probation requirements
related to school attendance.� A principal notified by a juvenile court
counselor shall handle the report according to the guidelines and rules adopted
by the State Board of Education.
 * * * (4)� The Administrative Office of the Courts shall report
to the Legislature on the number of juveniles reported to principals in
accordance with this section no later than January 1, 1996.
���� SECTION 35.� Section
43-21-625, Mississippi Code of 1972, is amended as follows:
���� 43-21-625.� (1)� The
Department of Human Services * * * shall may
develop and implement a wilderness training program for first time youth
offenders sentenced or classified as delinquency cases or as children in need
of supervision.
���� (2)� The program shall
include supervised camping trips, calisthenics, manual labor assignments,
physical training with obstacle courses, training in decision-making and
personal development and drug counseling and rehabilitation programs.
���� (3)� The department shall
adopt rules requiring that wilderness training participants complete a
structured disciplinary program and allowing for a restriction on general
inmate population privileges.
���� (4)� Upon receipt of youth
offenders, the department shall screen offenders for the wilderness training
program.� To participate, an offender must have no physical limitations which
would preclude participation in strenuous activity, must not be impaired and
must not have been previously incarcerated in a state or federal correctional
facility.� In screening offenders for the wilderness training program, the
department shall consider the offender's criminal history and the possible
rehabilitative benefits of the program.� If an offender meets the specified
criteria and space is available, the department shall request in writing from
the sentencing court, approval to participate in the wilderness training
program.� If the person is classified by the court as a delinquent or child in
need of supervision and the department is requesting approval from the
sentencing court for placement in the program, the department shall, at the
same time, notify the prosecuting attorney that the offender is being
considered for placement in the wilderness training program.� The notice shall
explain that the purpose of such placement is diversion from lengthy
incarceration when a wilderness training program could produce the same
deterrent effect, and that the person given notice may, within fourteen (14)
days of the mailing of the notice, notify the sentencing court in writing of
objections, if any, to the placement of the offender in the wilderness training
program.� The sentencing court shall notify the department in writing of
placement approval no later than twenty-one (21) days after receipt of the
department's request for placement of the youthful offender in the wilderness
training program.� Failure to notify the department within twenty-one (21) days
shall be considered an approval by the sentencing court for placing the youthful
offender in the wilderness training program.� The offices of the prosecuting
attorneys may develop procedures for notifying each victim that the offender is
being considered for placement in the wilderness training program.
���� (5)� The program shall provide
a period of rigorous training to offenders who require a greater degree of
supervision than community control or probation provides.� Wilderness training
programs may be operated in secure areas in or adjacent to adult institutions
or in any area approved by the department.� The program is not intended to
divert offenders away from probation or community control but to divert them
from long periods of incarceration when a wilderness training program could
produce the same deterrent effect.
���� (6)� If an offender in the
wilderness training program becomes unmanageable, the department may place him
in an appropriate facility to complete the remainder of his sentence.� Any
period of time in which the offender is unable to participate in the wilderness
training program activities may be excluded from the specified time
requirements in the program.� The portion of the sentence served prior to
placement in the wilderness training program shall not be counted toward
program completion.� Upon the offender's completion of the wilderness training
program, the department shall submit a report to the court that describes the
offender's performance.� If the offender's performance has been satisfactory,
the court shall issue an order modifying the sentence imposed and placing the
offender on probation.� If the offender violates the conditions of probation,
the court may revoke probation and impose any sentence which it might have
originally imposed.
���� (7)� The department shall
provide a special training program for staff selected for the wilderness
training program.
���� (8)� The department is
authorized to contract with any private or public nonprofit organization or
entity to carry out the purpose of this section.
���� SECTION 36.� Section
43-21-701, Mississippi Code of 1972, which establishes the Mississippi Commission
on a Uniform Youth Court Systems and Procedures, is hereby repealed.
���� SECTION 37.� Section
43-21-703, Mississippi Code of 1972, which sets forth the duties of the
Mississippi Commission on a Uniform Youth Court Systems and Procedures, is
hereby repealed.
���� SECTION 38.� Sections
43-21-751 through 43-21-755, Mississippi Code of 1972, which comprise the Teen
Court Pilot Program Act, are hereby repealed.
���� SECTION 39.� Section
43-21-801, Mississippi Code of 1972, is reenacted and amended as follows:
���� 43-21-801.� (1)� There is
established the Youth Court Support Program.� The purpose of the program shall
be to ensure that all youth courts have sufficient support * * * funds personnel
to carry on the business of the youth court.
���� (2)� Subject to
appropriation by the Legislature, the Administrative Office of Courts shall * * * establish a formula
consistent with this section for providing provide state
support payable from the Youth Court Support Fund for the support of the youth
courts as follows:
��������� (a)� Intake officers
for each chancery court district in the state;
��������� (b)� One (1) youth
court administrator for each chancery court district in the state; and
��������� (c)� Funds for local
diversion programs to youth courts on a reimbursement basis.
���� (3)� (a)� An intake
officer provided under subsection (2) of this section shall be an employee of
the Administrative Office of Courts under the direction and authority of the
Administrative Office of Courts.
��������� (b)� A court
administrator shall be an employee of the Administrative Office of Courts and
shall serve the assigned court at the will and pleasure of the judge.
���� (4)� From and after
January 1, 2031, other than the salary supplement under Section 9-9-11, no
youth court division of a county court that opts out of Section 43-21-107(1)(b)(ii)
shall receive reimbursement of or expend direct
state funds for youth court matters.� However, nothing herein shall
prohibit the court from receiving funds through grants from other state
agencies and expending said funds.
 * * *� (a)� (i)� Each regular youth court referee is eligible
for youth court support funds so long as the senior chancellor does not elect
to employ a youth court administrator as set forth in paragraph (b); a
municipal youth court judge is also eligible.� The Administrative Office of
Courts shall direct any funds to the appropriate county or municipality.� The
funds shall be utilized to compensate an intake officer who shall be
responsible for ensuring that all intake and case information for the
Department of Human Services ‑ Division of Youth Services, truancy
matters, and the Department of Child Protection Services is entered into the
Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and
timely manner.� If the court already has an intake officer responsible for
entering all cases of the Department of Human Services ‑ Division of
Youth Services, truancy matters, and the Department of Child Protection
Services into MYCIDS, the regular youth court referee or municipal court judge
may certify to the Administrative Office of Courts that such a person is
already on staff.� In such a case, each regular youth court referee or
municipal youth court judge shall have the sole individual discretion to
appropriate those funds as expense monies to assist in hiring secretarial staff
and acquiring materials and equipment incidental to carrying on the business of
the court within the private practice of law of the referee or judge, or may
direct the use of those funds through the county or municipal budget for court
support supplies or services.� The regular youth court referee and municipal
youth court judge shall be accountable for assuring through private, county or
municipal employees the proper preparation and filing of all necessary tracking
and other documentation attendant to the administration of the youth court.
�� (ii)�
Title to all tangible property, excepting stamps, stationery and minor
expendable office supplies, procured with funds authorized by this section,
shall be and forever remain in the county or municipality to be used by the
judge or referee during the term of his office and thereafter by his
successors.
� (b)�
(i)� When permitted by the Administrative Office of Courts and as funds are
available, the senior chancellor for Chancery Districts One, Two, Three, Four,
Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a
youth court administrator for the district whose responsibility will be to
perform all reporting, tracking and other duties of a court administrator for
all youth courts in the district that are under the chancery court system.� Any
chancery district listed in this paragraph in which a chancellor appoints a
referee or special master to hear any youth court matter is ineligible for
funding under this paragraph (b).� The Administrative Office of Courts may
allocate to an eligible chancery district a sum not to exceed Thirty Thousand
Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of
the youth court administrator, and an additional sum not to exceed One Thousand
Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses.
�� (ii)�
The appointment of a youth court administrator shall be evidenced by the entry
of an order on the minutes of the court.� The person appointed shall serve at
the will and pleasure of the senior chancellor but shall be an employee of the
Administrative Office of Courts.
�� (iii)�
The Administrative Office of Courts must approve the position, job description
and salary before the position can be filled.� The Administrative Office of
Courts shall not approve any plan that does not first require the expenditure
of the funds from the Youth Court Support Fund before expenditure of county
funds is authorized for that purpose.
�� (iv)�
Title to any tangible property procured with funds authorized under this
paragraph shall be and forever remain in the State of Mississippi.
� (c)�
(i)� Each county court is eligible for youth court support funds.� The funds
shall be utilized to provide compensation to an intake officer who shall be
responsible for ensuring that all intake and case information for the
Department of Human Services ‑ Division of Youth Services, truancy
matters, and the Department of Child Protection Services is entered into the
Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and
timely manner.� If the county court already has an intake officer or other
staff person responsible for entering all cases of the Department of Human
Services ‑ Division of Youth Services, truancy matters and the Department
of Child Protection Services into MYCIDS, the senior county court judge may
certify that such a person is already on staff.� In such a case, the senior
county court judge shall have discretion to direct the expenditure of those
funds in hiring other support staff to carry on the business of the court.
�� (ii)�
For the purposes of this paragraph, "support staff" means court
administrators, law clerks, legal research assistants, secretaries, resource
administrators or case managers appointed by a youth court judge, or any
combination thereof, but shall not mean school attendance officers.
�� (iii)�
The appointment of support staff shall be evidenced by the entry of an order on
the minutes of the court.� The support staff so appointed shall serve at the
will and pleasure of the senior county court judge but shall be an employee of
the county.
�� (iv)�
The Administrative Office of Courts must approve the positions, job
descriptions and salaries before the positions may be filled.� The
Administrative Office of Courts shall not approve any plan that does not first
require the expenditure of funds from the Youth Court Support Fund before
expenditure of county funds is authorized for that purpose.
�� (v)�
The Administrative Office of Courts may approve expenditure from the fund for
additional equipment for support staff appointed pursuant to this paragraph if
the additional expenditure falls within the formula.� Title to any tangible
property procured with funds authorized under this paragraph shall be and
forever remain in the county to be used by the youth court and support staff.
 (2)�
(a)� (i)� The formula developed by the Administrative Office of Courts for
providing youth court support funds shall be devised so as to distribute
appropriated funds proportional to caseload and other appropriate factors as
set forth in regulations promulgated by the Administrative Office of Courts.�
The formula will determine a reasonable maximum amount per judge or referee per
annum that will not be exceeded in allocating funds under this section.
�� (ii)�
The formula shall be reviewed by the Administrative Office of Courts every two
(2) years to ensure that the youth court support funds provided herein are
proportional to each youth court's caseload and other specified factors.
�� (iii)�
The Administrative Office of Courts shall have wide latitude in the first two‑year
cycle to implement a formula designed to maximize caseload data collection.
� (b)�
Application to receive funds under this section shall be submitted in
accordance with procedures established by the Administrative Office of Courts.
� (c)�
Approval of the use of any of the youth court support funds distributed under
this section shall be made by the Administrative Office of Courts in accordance
with procedures established by the Administrative Office of Courts.
 (3)�
(a)� There is created in the State Treasury a special fund to be designated as
the "Youth Court Support Fund," which shall consist of funds appropriated
or otherwise made available by the Legislature in any manner and funds from any
other source designated for deposit into such fund.� Unexpended amounts
remaining in the fund at the end of a fiscal year shall not lapse into the
State General Fund, and any investment earnings or interest earned on amounts
in the fund shall be deposited to the credit of the fund.� Monies in the fund
shall be distributed to the youth courts by the Administrative Office of Courts
for the purposes described in this section.
� (b)�
(i)� During the regular legislative session held in calendar year 2007, the
Legislature may appropriate an amount not to exceed Two Million Five Hundred
Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund.
�� (ii)�
During each regular legislative session subsequent to the 2007 Regular Session,
the Legislature shall appropriate Two Million Five Hundred Thousand Dollars
($2,500,000.00) to the Youth Court Support Fund.
� (c)�
No youth court judge or youth court referee shall be eligible to receive
funding from the Youth Court Support Fund who has not received annual
continuing education in the field of juvenile justice in an amount to conform
with the requirements of the Rules and Regulations for Mandatory Continuing
Judicial Education promulgated by the Supreme Court or received at least one
(1) hour of annual continuing education concerning oversight of youth court
intake officers and MYCIDS.� The Administrative Office of Courts shall maintain
records of all referees and youth court judges regarding such training and
shall not disburse funds to any county or municipality for the budget of a
youth court judge or referee who is not in compliance with the judicial
training requirements.
 (4)�
Any recipient of funds from the Youth Court Support Fund shall not be eligible
for continuing disbursement of funds if the recipient is not in compliance with
the terms, conditions and reporting requirements set forth in the procedures
promulgated by the Administrative Office of Courts.
���� (5)� The provisions of this
section shall stand repealed on July 1, * * * 2026 2029.
���� SECTION 40.� Section
43-27-20, Mississippi Code of 1972, is amended as follows:
���� 43-27-20.� (a)� Within the
Division of Youth Services there shall be an Office of Community Services, which
shall be headed by a director appointed by and responsible to the Director of
the Division of Youth Services.� Each director shall hold a master's degree in
social work or a related field and shall have no less than three (3) years'
experience in social services, or in lieu of such degree and experience, the
director shall have a minimum of eight (8) years' experience in social work or
a related field.� Each director shall employ and assign the community workers
to serve in the various areas in the state and any other supporting personnel
necessary to carry out the duties of the Office of Community Services.
���� (b)� The Director of the
Office of Community Services shall assign probation and aftercare workers to
the youth court * * * or family court judges of the various court districts upon
the request of the individual judge on the basis of caseload and
need, when funds are available.� The Director of the Office of Community
Services is authorized to assign a youth services counselor to various court
districts upon the approval of * * * the appropriate judge
and the Director of the Division of Youth Services.
 * * * (c)� Any
counties or cities which, on July 1, 1973, have court counselors or similar
personnel may continue using this personnel or may choose to come within the
statewide framework.
 (d)�
A probation and aftercare worker may be transferred by the division from one
(1) court to another after consultation with the judge or judges in the court
to which the employee is currently assigned.
���� ( * * *ec)� The� Office of Community Services
shall have such duties as the Director of the Division of Youth Services
shall assign to it which shall include, but not be limited to, the following:
��������� (i)� Preparing the
social, educational and home-life history and other diagnostic reports on the
child for the benefit of the court or the training school; however, this
provision shall not abridge the power of the court to require similar services
from other agencies, according to law.
��������� (ii)� Serving in
counseling capacities with the youth or family courts.
��������� (iii)� Serving as
probation agents for the youth or family courts.
��������� (iv)� Serving, advising
and counseling of children under the control of the Division of Youth Services
as may be necessary to the placement of the children in their proper
environment upon release and the placement of children in suitable jobs where
necessary and proper.
��������� (v)� Supervising and guiding
of children released or conditionally released from institutions under the
control of the Division of Youth Services.
��������� (vi)� Coordinating the
activities of supporting community agencies which aid in the social adjustment
of children released from the institution and in an aftercare program.
��������� (vii)� Providing
linkage and/or referral for services leading to the rehabilitation of
delinquents, either within the division or through cooperative arrangements
with other appropriate agencies.
��������� (viii)� Providing
counseling and supervision for any child under ten (10) years of age who has
been brought to the attention of the court when other suitable personnel is not
available and upon request of the court concerned.
��������� (ix)� Supervising the
completion of aftercare programs and/or making revocation investigations at the
request of the court.
��������� (x)� Implementing a
standardized risk assessment tool for use in the community.
��������� (xi)� Developing and
implementing a graduated sanctions policy for use within the community.
���� (d)� The Office of
Community Services shall maintain data regarding the Division of Youth Services
including the number and disposition of all cases together with such other
useful information regarding those cases as may be requested and as obtainable
from the records of the youth court data management system.
���� (e)� This section shall
stand repealed on July 1, 2029.
���� SECTION 41.� Section
45-33-61, Mississippi Code of 1972, is reenacted and amended as follows:
���� 45-33-61.� (1)� A person
convicted of a sex offense shall not access the Administrative Office of
Courts' youth court data management system * * * known as the Mississippi Youth Court Information Delivery
System or "MYCIDS." as defined under Section 43-21-105(mm).
���� (2)� This section applies to
all registered sex offenders without regard to the date of conviction for a
registrable offense.
���� (3)� The provisions of this
section shall stand repealed on July 1, * * * 2026 2029.
���� SECTION 42.� Section
9-5-91, Mississippi Code of 1972, is amended as follows:
���� 9-5-91.� (1)� In a chancery
case in which a guardian ad litem is appointed by the court, it is the duty of
the chancery clerk to prepare and forward to the Administrative Office of
Courts the information described by subsection (2) of this section not later
than the last day of the month following the entry of an order approving any
payment to the guardian ad litem.
���� (2)� The clerk shall prepare
and forward the following information when filed in a * * * contested
case where the guardian ad litem fees exceed One Thousand Dollars ($1,000.00):
��������� (a)� A copy of any
invoice for guardian ad litem fees;
��������� (b)� A copy of any
order directing payment of guardian ad litem fees; and
��������� (c)� A copy of any
petition seeking recovery of guardian ad litem fees, as well as any orders
concerning payment of guardian ad litem fees, including, but not limited to,
orders of contempt.
���� (3)� If an order previously
reported under subsection (1) of this section is amended by order of the court,
the clerk shall forward the subsequent court order not later than the last day
of the month following the entry of the amended order.
���� (4)� The duty of a clerk to
prepare and forward information under this section is not affected by:
��������� (a)� Any subsequent
appeal of the court order;
��������� (b)� Any subsequent
modification of the court order; or
��������� (c)� The expiration of
the court order.
 * * * (5)� This section does not apply to youth court matters.
���� SECTION 43.� Section
9-21-9, Mississippi Code of 1972, is amended as follows:
���� 9-21-9.� (1)� The
Administrative Director of Courts shall have the following duties and authority
with respect to all courts in addition to any other duties and responsibilities
as may be properly assigned by the Supreme Court and/or by law:
��������� (a)� To require the
filing of reports, the collection and compilation of statistical data and other
information on the judicial and financial operation of the courts and on the
operation of other offices directly related to and serving the courts;
��������� (b)� To determine the
state of the dockets and evaluate the practices and procedures of the courts
and make recommendations concerning the number of judges and other personnel
required for the efficient administration of justice;
��������� (c)� To prescribe
uniform administrative and business methods, systems, forms and records to be
used in the offices of the clerks of courts;
��������� (d)� To devise,
promulgate and require the use of a uniform youth court case tracking system,
including a youth court case filing form for filing with each individual youth
court matter, to be utilized by the Administrative Office of Courts and the
youth courts in order that the number of youthful offenders, abused, neglected,
truant and dependent children, as well as children in need of special care and
children in need of supervision, may be tracked with specificity through the
youth court and adult justice systems; in support of the uniform case docketing
system, the director shall require that all youth courts utilize the * * * Mississippi uniform
youth court * * * Information Delivery data management
system * * * (MYCIDS)
designated by the Administrative Office of Courts;
��������� (e)� To develop,
promulgate and require the use of a statewide docket numbering system to be
utilized by the youth courts, which youth court docket numbers shall
standardize and unify the numbering system by which youth court docket numbers
are assigned, such that each docket number would, among other things, identify
the county and year in which a particular youth court action was commenced;
��������� (f)� To develop,
promulgate and require the use of uniform youth court orders and forms in all
youth courts and youth court proceedings;
��������� (g)� To prepare and
submit budget recommendations for state appropriations necessary for the
maintenance and operation of the judicial system and to authorize expenditures
from funds appropriated for these purposes as permitted or authorized by law;
��������� (h)� To develop and
implement personnel policies for nonjudicial personnel employed by the courts;
��������� (i)� To investigate,
make recommendations concerning and assist in the securing of adequate physical
accommodations for the judicial system;
��������� (j)� To procure,
distribute, exchange, transfer and assign such equipment, books, forms and
supplies as are acquired with state funds or grant funds or otherwise for the
judicial system;
��������� (k)� To make
recommendations for the improvement of the operations of the judicial system;
��������� (l)� To prepare and
submit an annual report on the work of the judicial system to the Supreme Court;
��������� (m)� To take necessary
steps in the collection of unpaid court costs, fines and forfeitures;
��������� (n)� To perform such
additional administrative duties relating to the improvement of the
administration of justice as may be assigned by the Supreme Court; * * * and
��������� (o)� To promulgate
standards, rules and regulations for computer and/or electronic filing and
storage of all court records and court-related records maintained throughout
the state in courts and in offices of circuit and chancery clerks * * *.; and
��������� (p)� To utilize the
provisions of law that regulate public purchasing in * * * Sections Section 31-7-1 et seq., to
contract with:
������������� (i)� A
provider to effectuate the requirements of paragraph ( * * *da) of subsection (2) of this section
for the * * * Mississippi uniform youth court * * * Information Delivery
data management system * * * (MYCIDS). designated
by the Administrative Office of Courts; and
������������� (ii)� A third
party to facilitate the implementation, including the transfer of legacy data,
of the new uniform youth court data management system.
���� (2)� (a)� The Administrative
Director of Courts shall * * * conduct an audit of designate and implement a new uniform
youth court data management system to replace the Mississippi Youth Court
Information Delivery System (MYCIDS) * * *, by August 1, 2024, to review:� the services provided by
the system, any contractors or employees used to administer the system, the
process used to design or administer the system, guidelines used to create the
system and the primary functions of the system and whether the system can be
accessed by users of the Mississippi Electronic Court System or merged with the
Mississippi Electronic Court System in accordance with the
recommendations from its completed audit of MYCIDS in a manner that results in
a fully operational uniform youth court data management system by July 1, 2029.�
The Administrative Office of Courts may temporarily, on an as-needed basis,
designate MYCIDS as the data management system until the new data management
system is sufficiently operational.
��������� (b)� The Administrative
Director of Courts shall provide an annual report to the Judiciary A
Committees of the Mississippi House of Representatives and the Senate by
September 1, * * * 2024 2026, and each September 1
thereafter until the year 2029, that includes:
������������� (i)� A * * * copy of the audit progress report of the
development and implementation of the new uniform youth court data management
system;
������������� (ii)�
Recommendations * * * that
and plans, as needed, to resolve any deficiencies in * * * the system or improve the system MYCIDS;
������������� (iii) * * *� Recommendations that outline� A timeline
for the creation of * * * a the new uniform youth court data management
system which is to be in operation by July 1, * * * 2026 2027.
 * * *�� (iv)� A list of the companies or agencies that have
submitted bids to resolve deficiencies, make improvements or create a new
system.
���� SECTION 44.� Section
37-13-91, Mississippi Code of 1972, is amended as follows:
���� 37-13-91.� (1)� This section
shall be referred to as the "Mississippi Compulsory School Attendance
Law."
���� (2)� The following terms as
used in this section are defined as follows:
��������� (a)� "Parent"
means the father or mother to whom a child has been born, or the father or
mother by whom a child has been legally adopted.
��������� (b)�
"Guardian" means a guardian of the person of a child, other than a
parent, who is legally appointed by a court of competent jurisdiction.
��������� (c)�
"Custodian" means any person having the present care or custody of a
child, other than a parent or guardian of the child.
��������� (d)� "School
day" means the portion of a day during which schools are in session and
providing instruction to students, as set by the school board and consistent
with State Board of Education accreditation requirements.� For purposes of
compulsory school attendance, a student shall be considered in full-day attendance
if present for at least sixty-six percent (66%) of the student's school day, as
defined by the State Board of Education.
��������� (e)� "School"
means any public school, including a charter
school, in this state or any nonpublic school in this state which is in
session each school year for at least one hundred eighty (180) school days,
except that the "nonpublic" school term shall be the number of days
that each school shall require for promotion from grade to grade.
��������� (f)� "Compulsory-school-age
child" means a child who has attained or will attain the age of six (6)
years on or before September 1 of the calendar year and who has not attained
the age of seventeen (17) years on or before September 1 of the calendar year;
and shall include any child who has attained or will attain the age of five (5)
years on or before September 1 and has enrolled in a full-day public school
kindergarten program.
��������� (g)� "School
attendance officer" means a person employed by the State Department of
Education pursuant to Section 37-13-89.
��������� (h)� "Appropriate
school official" means the superintendent of the school district, or his
designee, or, in the case of a nonpublic school, the principal or the
headmaster.
��������� (i)� "Nonpublic
school" means an institution for the teaching of children, consisting of a
physical plant, whether owned or leased, including a home, instructional staff
members and students, and which is in session each school year.� This
definition shall include, but not be limited to, private, church, parochial and
home instruction programs.
���� (3)� A parent, guardian or
custodian of a compulsory-school-age child in this state shall cause the child
to enroll in and attend a public school or legitimate nonpublic school for the
period of time that the child is of compulsory school age, except under the
following circumstances:
��������� (a)� When a compulsory-school-age
child is physically, mentally or emotionally incapable of attending school as
determined by the appropriate school official based upon sufficient medical
documentation.
��������� (b)� When a compulsory-school-age
child is enrolled in and pursuing a course of special education, remedial education
or education for children with physical or mental disadvantages or
disabilities.
��������� (c)� When a compulsory-school-age
child is being educated in a legitimate home instruction program.
���� The parent, guardian or
custodian of a compulsory-school-age child described in this subsection shall
complete a "certification of enrollment" to facilitate the
administration of this section.� The appropriate school official for any or all
children attending a charter school or
nonpublic school shall complete a "certificate of enrollment" in
order to facilitate the administration of this section.
���� The form of the certificate
of enrollment shall be prepared by the Office of Compulsory School Attendance
Enforcement of the State Department of Education and shall be designed to
obtain the following information only:
������������� (i)� The name,
address, telephone number and date of birth of the compulsory-school-age child;
������������� (ii)� The name,
address and telephone number of the parent, guardian or custodian of the
compulsory-school-age child;
������������� (iii)� The school
district where the compulsory-school-age child resides;
������������� (iv)� A simple
description of the type of education the compulsory-school-age child is
receiving and, if the child is enrolled in a charter school or nonpublic
school, the name and address of the school; and
������������� (v)� The signature
of the parent, guardian or custodian of the compulsory-school-age child or, for
any or all compulsory-school-age child or children attending a charter school or nonpublic school, the
signature of the appropriate school official and the date signed.
���� The certificate of
enrollment shall be returned to the school attendance officer where the child
resides on or before August 15 of each year.� Any parent, guardian or custodian
found by the school attendance officer to be in noncompliance with this section
shall comply, after written notice of the noncompliance by the school
attendance officer, with this subsection within ten (10) days after the notice
or be in violation of this section.� However, in the event the child has been
enrolled in a public school within fifteen (15) calendar days after the first
day of the school year as required in subsection (6), the parent or custodian
may, at a later date, enroll the child in a legitimate nonpublic school or
legitimate home instruction program and send the certificate of enrollment to
the school attendance officer and be in compliance with this subsection.
���� For the purposes of this
subsection, a legitimate nonpublic school or legitimate home instruction program
shall be those not operated or instituted for the purpose of avoiding or
circumventing the compulsory attendance law.
���� (4)� (a)� An "unlawful
absence" is an absence for an entire school day or during part of a school
day by a compulsory-school-age child, which absence is not due to a valid
excuse for temporary nonattendance.� For purposes of reporting absenteeism
under subsection (6) of this section, if a compulsory-school-age child has an
absence that is more than thirty-three percent (33%) of the student's school
day, as fixed by the school board for the school at which the compulsory-school-age
child is enrolled, the child must be considered absent the entire school day.�
Days missed from school due to disciplinary suspension shall not be considered
an "excused" absence under this section.� This subsection shall not
apply to children enrolled in a nonpublic school.
���� Each of the following shall
constitute a valid excuse for temporary nonattendance of a compulsory-school-age
child enrolled in a noncharter public
school, provided satisfactory evidence of the excuse is provided to the
superintendent of the school district, or his designee:
������������� (i)� An absence is
excused when the absence results from the compulsory-school-age child's
attendance at an authorized school activity with the prior approval of the
superintendent of the school district, or his designee.� These activities may
include field trips, athletic contests, student conventions, musical festivals
and any similar activity.
������������� (ii)� An absence is
excused when the absence results from illness or injury which prevents the
compulsory-school-age child from being physically able to attend school, and
any absence after the third must be documented by a written excuse by a medical
provider.
������������� (iii)� An absence
is excused when isolation of a compulsory-school-age child is ordered by the
county health officer, by the State Board of Health or appropriate school
official.
������������� (iv)� An absence is
excused when it results from the death or serious illness of a member of the
immediate family of a compulsory-school-age child.� The immediate family
members of a compulsory-school-age child shall include children, spouse,
grandparents, parents, brothers and sisters, including stepbrothers and
stepsisters.
������������� (v)� An absence is
excused when it results from a medical or dental appointment of a compulsory-school-age
child, with a documented excuse from the medical provider.
������������� (vi)� An absence is
excused when it results from the attendance of a compulsory-school-age child at
the proceedings of a court or an administrative tribunal if the child is a
party to the action or under subpoena as a witness.
������������� (vii)� An absence
may be excused if the religion to which the compulsory-school-age child or the
child's parents adheres, requires or suggests the observance of a religious
event.� The approval of the absence is within the discretion of the
superintendent of the school district, or his designee, but approval should be
granted unless the religion's observance is of such duration as to interfere
with the education of the child.
������������� (viii)� An absence
may be excused when it is demonstrated to the satisfaction of the superintendent
of the school district, or his designee, that the purpose of the absence is to
take advantage of a valid educational opportunity such as travel, including
vacations or other family travel.� Approval of the absence must be gained from
the superintendent of the school district, or his designee, before the absence.
������������� (ix)� An absence
may be excused when it is demonstrated to the satisfaction of the
superintendent of the school district, or his designee, that conditions are
sufficient to warrant the compulsory-school-age child's nonattendance.�
However, no absences shall be excused by the school district superintendent, or
his designee, when any student suspensions or expulsions circumvent the intent
and spirit of the compulsory attendance law.
������������� (x)� An absence is excused when it results from the
attendance of a compulsory-school-age child participating in official organized events
sponsored by the 4-H or Future Farmers of
America (FFA).� The excuse for the 4-H or
FFA event must be provided in writing to the appropriate school superintendent
by the Extension Agent or High School Agricultural Instructor/FFA Advisor.
������������� (xi)� An absence is excused when it
results from the compulsory-school-age child officially being employed to serve
as a page at the State Capitol for the Mississippi House of Representatives or
Senate.
��������� (b)� Limitation on excused absences.� Except
as otherwise provided in this section, no compulsory-school-age child shall be
granted more than five (5) excused absences per semester under subparagraphs
(i) through (xi) of paragraph (a) of this subsection (4).� Any additional
excused absences beyond this limit must be specifically approved by the school
district superintendent, or his or her designee, upon a showing of extenuating
circumstances.� Extenuating circumstances may include, but are not limited to,
prolonged illness or injury supported by medical documentation, extended
religious observances, or participation in educational opportunities of
substantial merit, including out-of-state educational travel.� Any absence in
excess of this limit, and not approved by the superintendent, shall be
considered unexcused for purposes of this chapter.� Any absence in excess of
the limit set forth in this subsection, and not approved by the superintendent,
shall be considered an unexcused absence for purposes of this chapter.
������������� (i)� School-sanctioned events, such as
athletics, band, choir or other events sponsored by the Mississippi High School
Activities Association or a successor entity, shall not be counted as absences.
������������� (ii)� School-sanctioned academic or club
events shall not be counted as absences.
��������� (c)� Chronic absenteeism.� For purposes of
this section and in alignment with state and federal accountability
requirements, a compulsory-school-age child shall be considered chronically
absent if the child is absent from school for ten percent (10%) or more of the
student's school days in a school year, regardless of whether such absences are
excused or unexcused under paragraphs (a) or (b) of this subsection (4).
������������� (i)� Each school district shall actively
monitor chronic absenteeism rates by school, grade level and subgroup of
students.� Districts shall include chronic absenteeism data in their annual
accountability reporting and in their district- and school-level improvement
plans.
������������� (ii)� Each school district shall develop
and implement tiered intervention strategies for students identified as being
at risk of chronic absenteeism.� Such strategies shall include, at a minimum:�
timely parent or guardian notification when a student has accumulated three (3)
or more absences that place the student at risk of chronic absenteeism;
opportunities for parent or guardian conferences to identify barriers to
regular attendance; referral to school- or community-based support services as
appropriate, including health, counseling and transportation resources; and assignment
of an individualized attendance success plan, which may include mentoring, case
management by a school attendance officer, or other evidence-based supports.
������������� (iii)� Each school district shall adopt
strategies for proactive family engagement to prevent and reduce chronic
absenteeism, including, but not limited to:� regular communication with
families in a language and manner understandable to them about the importance
of daily attendance and the consequences of absenteeism; partnering with
community organizations, faith-based institutions or local businesses to
support families in overcoming barriers to school attendance; and providing training
for school staff on culturally responsive family engagement practices related
to attendance.
������������� (iv)� When a school's chronic
absenteeism rate exceeds ten percent (10%) for any subgroup or grade level, the
school district shall be required to adopt a written chronic absenteeism
reduction plan, which shall be submitted to the school board and made publicly
available on the district website.� The plan shall describe specific evidence-based
practices the district will employ to reduce chronic absenteeism, the timeline
for implementation, family and community engagement strategies, and the metrics
for measuring progress.
������������� (v)� The State Department of Education
shall provide technical assistance to districts in the development and
implementation of chronic absenteeism reduction strategies and shall annually
publish statewide data on chronic absenteeism by district and school.
��������� (d)� District policies; local documentation
and family engagement.
������������� (i)� By November 1, 2026, each school
district shall, by board action, adopt and implement locally tailored policies
that:
������������������ 1.� Set documentation standards for
excuses under subparagraphs (ii) through (v) of paragraph (a) of this
subsection (4), including acceptable verification, submission timelines, a
locally set limit on parent/guardian notes before third-party documentation is
required, and protections for student privacy; and
������������������ 2.� Establish family engagement
protocols aligned to this paragraph (d), including timely notice when a student
is at risk of chronic absenteeism, a parent/guardian conference and attendance
success plan, multichannel/translated communications, and referral to available
local supports.
������������� (ii)� Policies shall be posted on the
district website, reviewed at least every three (3) years, and reported on
annually to the school board using disaggregated attendance data.
������������� (iii)� The department shall issue a
nonbinding model policy or policies not later than August 15, 2026.� Adoption
of a model policy, or of a substantially aligned policy, by a school district
shall constitute minimum compliance.
��������� (e)� This subsection (4) shall not be
construed to create a new criminal offense or to redefine "unlawful
absence," but shall serve as a primary indicator for prevention,
intervention and accountability under state and federal law.
���� (5)� Any parent, guardian or
custodian of a compulsory-school-age child subject to this section who refuses
or willfully fails to perform any of the duties imposed upon him or her under
this section or who intentionally falsifies any information required to be
contained in a certificate of enrollment, shall be guilty of contributing to
the neglect of a child and, upon conviction, shall be punished in accordance
with Section 97-5-39.
���� Upon prosecution of a
parent, guardian or custodian of a compulsory-school-age child for violation of
this section, the presentation of evidence by the prosecutor that shows that
the child has not been enrolled in school within eighteen (18) calendar days
after the first day of the school year of the public school which the child is
eligible to attend, or that the child has accumulated eight (8) unlawful
absences during the school year at the public school in which the child has
been enrolled, shall establish a prima facie case that the child's parent,
guardian or custodian is responsible for the absences and has refused or
willfully failed to perform the duties imposed upon him or her under this
section.� However, no proceedings under this section shall be brought against a
parent, guardian or custodian of a compulsory-school-age child unless the
school attendance officer has contacted promptly the home of the child and has
provided written notice to the parent, guardian or custodian of the requirement
for the child's enrollment or attendance.
���� (6)� If a compulsory-school-age
child has not been enrolled in a school within fifteen (15) calendar days after
the first day of the school year of the school which the child is eligible to
attend or the child has accumulated five (5) unlawful absences during the
school year of the public school in which the child is enrolled, the school
district superintendent, or his designee, shall report, by close of
business of the next business day, the unlawful absences to the school
attendance officer.� The State Department of Education shall prescribe a
uniform method for schools to utilize in reporting the unlawful absences to the
school attendance officer.� The superintendent, or his designee, also shall
report any student suspensions or student expulsions to the school attendance
officer when they occur.
���� (7)� When a school
attendance officer has made all attempts to secure enrollment and/or attendance
of a compulsory-school-age child and is unable to effect the enrollment and/or
attendance, the attendance officer shall request the youth court prosecutor
to file a petition with the youth court under Section 43-21-451 for the
child * * * or and shall request the appropriate
law-enforcement entity to file * * * a petition
in a court of competent jurisdiction as it pertains to enforcement of the
Mississippi Compulsory School Attendance Law or any other remedy available in
law against the parent * * *
or of the
child.� Sheriffs, deputy sheriffs and municipal law enforcement officers shall
be fully authorized to investigate all cases of nonattendance and unlawful
absences by compulsory-school-age children, and shall be authorized to
request the youth court prosecutor to file a petition with the youth court
under Section 43-21-451 for the child or to request the appropriate
law enforcement entity to file * * * a petition or information in * * * the
a court of competent jurisdiction as it pertains to enforcement of
the Mississippi Compulsory School Attendance Law or any other remedy available
in law against the parent * * * or of the
child for violation of this section.� The youth court shall expedite a hearing
to make an appropriate adjudication and a disposition to ensure compliance with
the Compulsory School Attendance Law, and may order the child to enroll or re-enroll
in school.� The superintendent of the school district to which the child
is ordered may assign, in his discretion, the child to the alternative school
program of the school established pursuant to Section 37-13-92.� For a
compulsory-school-age child, the youth court shall be the exclusive venue for
enforcement of the Mississippi Compulsory School Attendance Law.
���� (8)� The State Board of
Education shall adopt rules and regulations to:
��������� (a)� Ensure school
superintendents timely report unlawful absences under this section; and
��������� (b)� Sanction school
districts that do not adhere to said policy though findings of noncompliance on
the monitoring process.
���� (9)� Notwithstanding any
provision or implication herein to the contrary, it is not the intention of
this section to impair the primary right and the obligation of the parent or
parents, or person or persons in loco parentis to a child, to choose the proper
education and training for such child, and nothing in this section shall ever
be construed to grant, by implication or otherwise, to the State of
Mississippi, any of its officers, agencies or subdivisions any right or
authority to control, manage, supervise or make any suggestion as to the
control, management or supervision of any private or parochial school or
institution for the education or training of children, of any kind whatsoever
that is not a public school according to the laws of this state; and this
section shall never be construed so as to grant, by implication or otherwise,
any right or authority to any state agency or other entity to control, manage,
supervise, provide for or affect the operation, management, program,
curriculum, admissions policy or discipline of any such school or home
instruction program.
���� SECTION 45.�
Each regular or special youth court referee shall prepare its causes and docket
for the transfer of its causes and docket to the youth court division of the
chancery court of each county in which no county court is maintained.� The
Administrative Office of Courts shall assist each regular or special youth
court referee in preparing its causes and docket for the transfer.� The
Administrative Office of Courts shall transfer the causes and docket of each
regular or special youth court referee to the youth court division of the chancery
court of each county in which no county court is maintained on July 1, 2027.
���� SECTION 46.�
Section 43-21-119, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027, this section shall
read as follows:]
���� 43-21-119.� The judge or his designee shall
appoint as provided in Section 43-21-123 sufficient personnel, responsible to
and under the control of the youth court, to carry on the professional,
clerical and other work of the youth court. The cost of these persons appointed
by the youth court shall be paid as provided in Section 43-21-123 out of any
available funds budgeted for the youth court by the board of supervisors.
���� [From and after July 1, 2027, this section
shall read as follows:]
���� 43-21-119.� The judge * * * or his designee
shall appoint as provided in Section 43-21-123 sufficient personnel,
responsible to and under the control of the youth court, to carry on the
professional, clerical and other work of the youth court. The cost of these
persons appointed by the youth court shall be paid as provided in Section 43-21-123
out of any available funds budgeted for the youth court by the board of
supervisors.
���� SECTION 47.�
Section 43-21-121, Mississippi Code of 1972, is amended as follows:
���� 43-21-121.� (1)� The youth
court shall appoint a guardian ad litem for the child:
��������� (a)� When a child has
no parent, guardian or custodian;
��������� (b)� When the youth
court cannot acquire personal jurisdiction over a parent, a guardian or a
custodian;
��������� (c)� When the parent is
a minor or a person of unsound mind;
��������� (d)� When the parent is
indifferent to the interest of the child or if the interests of the child and
the parent, considered in the context of the cause, appear to conflict;
��������� (e)� In every case involving
an abused or neglected child which results in a judicial proceeding; or
��������� (f)� In any other
instance where the youth court finds appointment of a guardian ad litem to be
in the best interest of the child.
���� (2)� The guardian ad litem
shall be appointed by the court when custody is ordered or at the first
judicial hearing regarding the case, whichever occurs first.
���� (3)� In addition to all
other duties required by law, a guardian ad litem shall have the duty to
protect the interest of a child for whom he has been appointed guardian ad
litem.� The guardian ad litem shall investigate, make recommendations to the
court or enter reports as necessary to hold paramount the child's best
interest.� The guardian ad litem is not an adversary party and the court shall
ensure that guardians ad litem perform their duties properly and in the best
interest of their wards.� The guardian ad litem shall be a competent person who
has no adverse interest to the minor.� The court shall ensure that the guardian
ad litem is adequately instructed on the proper performance of his duties.
���� (4)� The court, including a
county court serving as a youth court, may appoint either a suitable attorney
or a suitable layman as guardian ad litem.� In cases where the court appoints a
layman as guardian ad litem, the court shall also appoint an attorney to
represent the child.� From and after January 1, 1999, in order to be eligible
for an appointment as a guardian ad litem, such attorney or layperson must have
received child protection and juvenile justice training provided by or approved
by the Mississippi Judicial College within the year immediately preceding such
appointment.� The Mississippi Judicial College shall determine the amount of
child protection and juvenile justice training which shall be satisfactory to
fulfill the requirements of this section.� The Administrative Office of Courts
shall maintain a roll of all attorneys and laymen eligible to be appointed as a
guardian ad litem under this section and shall enforce the provisions of this
subsection.
���� (5)� Upon appointment of a
guardian ad litem, the youth court shall continue any pending proceedings for a
reasonable time to allow the guardian ad litem to familiarize himself with the
matter, consult with counsel and prepare his participation in the cause.� The
youth court shall issue an order of assignment that grants the guardian ad
litem authority to review all relevant documents concerning the minor child and
to interview all parties and witnesses involved in proceedings concerning the
minor child for whom the guardian ad litem is appointed.
���� (6)� [Until July 1,
2027, this subsection (6) shall read as follows:]� Upon order of the
youth court, the guardian ad litem shall be paid a reasonable fee as determined
by the youth court judge or referee out of the county general fund as provided
under Section 43-21-123.� To be eligible for such fee, the guardian ad litem
shall submit an accounting of the time spent in performance of his duties to
the court.
���� (6)� [From and after
July 1, 2027, this subsection (6) shall read as follows:]� Upon order
of the youth court, the guardian ad litem shall be paid a reasonable fee as
determined by the youth court judge * * * or referee out of the county general fund as
provided under Section 43-21-123.� To be eligible for such fee, the guardian ad
litem shall submit an accounting of the time spent in performance of his duties
to the court.
���� (7)� (a)� The court, in its
sound discretion, may appoint a volunteer trained layperson to assist children
subject to the provisions of this section in addition to the appointment of a
guardian ad litem.� If the court utilizes his or her discretion as prescribed
under this subsection, a volunteer Court-Appointed Special Advocate (CASA)
shall be appointed from a program that supervises the volunteer and meets all
state and national CASA standards to advocate for the best interests of
children in abuse and neglect proceedings.� To accomplish the assignment of a
CASA volunteer, the court shall issue an order of assignment that shall grant
the CASA volunteer the authority, equal to that of the guardian ad litem, to
review all relevant documents and to interview all parties and witnesses
involved in the proceeding in which he or she is appointed.� Except as
otherwise ordered by the court, the assignment of a CASA volunteer for a child
shall include subsequent proceedings through permanent placement of the child.
��������� (b)� Before assigning a
CASA volunteer as prescribed under this subsection, the youth court judge shall
determine if the volunteer has sufficient qualifications, training and ability
to serve as a CASA volunteer, including his or her ability to represent and
advocate for the best interests of children assigned to him or her.� No
volunteer shall be assigned until a comprehensive criminal background check has
been conducted.
���� All CASA volunteers shall:
������������� (i)� Be sworn in by
a judge of the court;
������������� (ii)� Swear or
affirm to abide by all laws, regulations, and orders of the court;
������������� (iii)� Swear or
affirm to advocate what he or she perceives to be in the best interests of the
child for whom he or she is assigned in all matters pending before the court;
������������� (iv)� Provide
independent, factual information to the court regarding the children and cases
to which they are assigned;
������������� (v)� Advocate on
behalf of the children involved in the cases to which they are assigned what
they perceive to be in the best interests of the children; and
������������� (vi)� Monitor
proceedings in cases to which they have been assigned and advise and assist the
court in its determination of the best interests of the children involved.
��������� (c)� Regarding any case
to which a CASA volunteer has been assigned, the CASA volunteer:
������������� (i)� Shall be
notified by the court of all court proceedings and hearings of any kind
pertaining to the child;
������������� (ii)� Shall be
notified by the Department of Child Protection Services of all administrative
review hearings;
������������� (iii)� Shall be
entitled to attend all court proceedings and hearings of any kind pertaining to
the child;
������������� (iv)� May be called
as a witness in the proceedings by any party or by the court and may request of
the court the opportunity to appear as a witness; and
������������� (v)� Shall be given
access to all portions of the court record relating to proceedings pertaining
to the child and the child's family.
��������� (d)� Upon application
to the court and notice to all parties, the court shall grant the CASA
volunteer access to other information, including the department records as
provided in Section 43-21-261, relating to the child and the child's family and
to other matters involved in the proceeding in which he or she is appointed.�
All records and information requested or reviewed by the CASA volunteer in the
course of his or her assignment shall be deemed confidential and shall * * * not only
be disclosed * * * by him
except pursuant to * * * court order.� All records
and information shall only be disclosed as directed by court order and shall be
disclosed as directed by court order and shall be subject to whatever
protective order the court deems appropriate. Section 43-21-261
or 43-21-262.
���� SECTION 48.�
Section 43-21-123, Mississippi Code of 1972, is amended as follows:
���� 43-21-123.� (1)�
Except for expenses provided by state funds and/or other monies, the board of
supervisors * * *, or the
municipal governing board where there is a municipal youth court,
shall adequately provide funds for the operation of the youth court division of
the chancery court in conjunction with the regular chancery court budget, or
the county * * * or family
courts where said courts are constituted.� In preparation for said funding, on
an annual basis at the time requested, the youth court judge or administrator
shall prepare and submit to the board of supervisors * * *, or the municipal governing board of the youth court
wherever the youth court is a municipal court, an annual budget
which will identify the number, staff position, title and amount of annual or
monthly compensation of each position as well as provide for other expenditures
necessary to the functioning and operation of the youth court.� When the budget
of the youth court or youth court judge is approved by the board of supervisors * * * or the governing authority of the municipality,
then the youth court or youth court judge may employ such persons as provided
in the budget from time to time.
���� (2)� The board of
supervisors of any county in which there is located a youth court * * *, and the governing authority of any municipality in which
there is located a municipal youth court, are each is
authorized to reimburse the youth court judges and other youth court employees
or personnel for reasonable travel and expenses incurred in the performance of
their duties and in attending educational meetings offering professional
training to such persons as budgeted.
���� SECTION 49.�
Section 43-21-159, Mississippi Code of 1972, is amended as follows:
���� 43-21-159.� (1)� When a
person appears before a court other than the youth court, and it is determined
that the person is a child under jurisdiction of the youth court, such court
shall, unless the jurisdiction of the offense has been transferred to such
court as provided in this chapter, or unless the child has previously been the
subject of a transfer from the youth court to the circuit court for trial as an
adult and was convicted, immediately dismiss the proceeding without prejudice
and forward all documents pertaining to the cause to the youth court; and all
entries in permanent records shall be expunged.� The youth court shall have the
power to order and supervise the expunction or the destruction of such records
in accordance with Section 43-21-265.� Upon petition therefor, the youth court
shall expunge the record of any case within its jurisdiction in which an arrest
was made, the person arrested was released and the case was dismissed or the
charges were dropped, there was no disposition of such case, or the person was
found not delinquent.
���� In cases where the child is
charged with a hunting or fishing violation or a traffic violation, whether it
be any state or federal law, a violation of the Mississippi Implied Consent
Law, or municipal ordinance or county resolution, or where the child is
charged with a violation of Section 67-3-70, the appropriate criminal court
shall proceed to dispose of the same in the same manner as for other adult
offenders and it shall not be necessary to transfer the case to the youth court
of the county. �However, unless the cause has been transferred, or
unless the child has previously been the subject of a transfer from the youth
court to the circuit court for trial as an adult and was convicted, the youth
court shall have power on its own motion to remove jurisdiction from any
criminal court of any offense including a hunting or fishing violation, a
traffic violation, a violation of the Mississippi Implied Consent Law, or a violation
of Section 67-3-70, committed by a child in a matter under the jurisdiction of
the youth court and proceed therewith in accordance with the provisions of this
chapter.
���� (2)� [Until July 1,
2027, this subsection (2) shall read as follows:]� After conviction and
sentence of any child by any other court having original jurisdiction on a
misdemeanor charge, and within the time allowed for an appeal of such
conviction and sentence, the youth court of the county shall have the full
power to stay the execution of the sentence and to release the child on good
behavior or on other order as the youth court may see fit to make unless the
child has previously been the subject of a transfer from the youth court to the
circuit court for trial as an adult and was convicted.� When a child is
convicted of a misdemeanor and is committed to, incarcerated in or imprisoned
in a jail or other place of detention by a criminal court having proper
jurisdiction of such charge, such court shall notify the youth court judge or the
judge's designee of the conviction and sentence prior to the commencement of
such incarceration.� The youth court shall have the power to order and
supervise the destruction of any records involving children maintained by the
criminal court in accordance with Section 43-21-265.� However, the youth court
shall have the power to set aside a judgment of any other court rendered in any
matter over which the youth court has exclusive original jurisdiction, to
expunge or destroy the records thereof in accordance with Section 43-21-265,
and to order a refund of fines and costs.
���� (2)� [From and after
July 1, 2027, this subsection (2) shall read as follows:]� After
conviction and sentence of any child by any other court having original
jurisdiction on a misdemeanor charge, and within the time allowed for an appeal
of such conviction and sentence, the youth court of the county shall have the
full power to stay the execution of the sentence and to release the child on
good behavior or on other order as the youth court may see fit to make unless
the child has previously been the subject of a transfer from the youth court to
the circuit court for trial as an adult and was convicted.� When a child is
convicted of a misdemeanor and is committed to, incarcerated in or imprisoned
in a jail or other place of detention by a criminal court having proper
jurisdiction of such charge, such court shall notify the youth court judge * * * or the judge's designee of the conviction and
sentence prior to the commencement of such incarceration.� The youth court
shall have the power to order and supervise the destruction of any records
involving children maintained by the criminal court in accordance with Section
43-21-265.� However, the youth court shall have the power to set aside a judgment
of any other court rendered in any matter over which the youth court has
exclusive original jurisdiction, to expunge or destroy the records thereof in
accordance with Section 43-21-265, and to order a refund of fines and costs.
���� (3)� Nothing in subsection
(1) or (2) shall apply to a youth who has a pending charge or a conviction for
any crime over which circuit court has original jurisdiction.
���� (4)� In any case wherein the
defendant is a child as defined in this chapter and of which the circuit court
has original jurisdiction, the circuit judge, upon a finding that it would be
in the best interest of such child and in the interest of justice, may at any
stage of the proceedings prior to the attachment of jeopardy transfer such
proceedings to the youth court for further proceedings unless the child has
previously been the subject of a transfer from the youth court to the circuit
court for trial as an adult and was convicted or has previously been convicted
of a crime which was in original circuit court jurisdiction, and the youth
court shall, upon acquiring jurisdiction, proceed as provided in this chapter
for the adjudication and disposition of delinquent child proceeding
proceedings.� If the case is not transferred to the youth court and the youth
is convicted of a crime by any circuit court, the trial judge shall sentence
the youth as though such youth was an adult.� The circuit court shall not have
the authority to commit such child to the custody of the Department of Youth
Services for placement in a state-supported training school.
���� (5)� In no event shall a
court sentence an offender over the age of eighteen (18) to the custody of the
Division of Youth Services for placement in a state-supported training school.
���� (6)� When a child's driver's
license is suspended by the youth court for any reason, the clerk of the youth
court shall report the suspension, without a court order under Section 43-21-261,
to the Commissioner of Public Safety in the same manner as such suspensions are
reported in cases involving adults.
���� (7)� No offense involving
the use or possession of a firearm by a child who has reached his fifteenth
birthday and which, if committed by an adult would be a felony, shall be
transferred to the youth court.
���� SECTION 50.�
Section 43-21-201, Mississippi Code of 1972, is amended as follows:
���� 43-21-201.� (1)� (a)� Each
party shall have the right to be represented by counsel at all stages of the
proceedings including, but not limited to, detention, shelter, adjudicatory and
disposition hearings and parole or probation revocation proceedings.
��������� (b)� In delinquency
matters the court shall appoint legal defense counsel who is not also a
guardian ad litem for the same child.� If the party is a child, the child shall
be represented by counsel at all critical stages:� detention, adjudicatory and
disposition hearings; parole or probation revocation proceedings; and post-disposition
matters.� If indigent, the child shall have the right to have counsel appointed
for him by the youth court.
��������� (c)� A child who is alleged
to have been abused or neglected shall be deemed to be a party to the
proceedings under this chapter.� The child shall be represented by an attorney
at all stages of any proceedings held pursuant to this chapter.� The court
shall appoint an attorney to any child who is unrepresented.� Attorneys
appointed under this paragraph must have received child protection and juvenile
justice training provided by or approved by the Mississippi Judicial College
consistent with Section 43-21-121(4).
���� The guardian ad litem may
serve a dual role as long as no conflict of interest is present.� If a conflict
of interest arises, the guardian ad litem shall inform the youth court of the
conflict, and the youth court shall retain the guardian ad litem to represent
the best interest of the child and appoint an attorney to represent the child's
preferences as required by Uniform Rule of Youth Court Practice 13(f).
���� (2)� (a)� When a party first
appears before the youth court, the judge shall ascertain whether he is
represented by counsel and, if not, inform him of his rights, including his
right to counsel.� If the court determines that a custodial parent or guardian
who is a party in an abuse, neglect or termination of parental rights
proceeding is indigent, the youth court judge shall appoint counsel to
represent the indigent parent or guardian in the proceeding.� The court may
appoint counsel to represent a noncustodial parent if the court determines that
the noncustodial parent is indigent and has demonstrated a significant
custodial relationship with the child.� All parents have the right to be
appointed counsel in termination of parental rights hearings, and the court
shall appoint counsel if the court makes a finding that the parent is indigent
and counsel is requested by the parent.� For purposes of this section,
indigency shall be determined pursuant to Section 25-32-9 and Rule 7.3 of the
Mississippi Rules of Criminal Procedure.
��������� (b)� (i)� The court
shall order a financially able parent or custodian to pay all or part of
reasonable attorney's fees and expenses for court-appointed representation
after review by the court of an affidavit of financial means completed and
verified by a parent or custodian and a determination by the court of an
ability to pay.
������������� (ii)� All monies
collected by the clerk under this paragraph must be retained by the clerk and
deposited into a special fund to be known as the "Juvenile Court
Representation Fund."
������������� (iii)� The
Administrative Office of Courts may direct that money from the fund be used in
providing counsel for indigent parents or custodians at the trial level in
dependency-neglect proceedings.
������������� (iv)� Upon a
determination of indigency and a finding by the court that the fund does not
have sufficient funds to pay reasonable attorney's fees and expenses incurred
at the trial court level and that state funds have been exhausted, the court
may order the county to pay the reasonable fees and expenses until the state
provides funding for counsel.
������������� (v)� A special
fund, to be designated as the "Juvenile Court Representation Fund",
is created within the State Treasury.� The fund shall be maintained by the
State Treasurer as a separate and special fund, separate and apart from the
General Fund of the state.� Monies in the fund shall be disbursed by the
Administrative Office of Courts as provided in this section.� Unexpended
amounts remaining in the fund at the end of a fiscal year shall not lapse into
the State General Fund, and any interest earned or investment earnings on
amounts in the fund shall be deposited into such fund.
���� (3)� An attorney appointed
to represent a child in delinquency and/or children in need of supervision
cases shall be required to complete annual juvenile justice training that is
approved by the Mississippi Office of State Public Defender and the Mississippi
Commission on Continuing Legal Education.� An attorney appointed to represent a
parent or guardian in an abuse, neglect or termination of parental rights
proceeding shall be required to complete annual training that is approved by
the Office of State Public Defender and the Mississippi Commission on
Continuing Legal Education.� The Mississippi Office of State Public Defender
and the Mississippi Commission on Continuing Legal Education shall determine
the amount of juvenile justice training and continuing education required to
fulfill the requirements of this subsection.� The State Public Defender shall
maintain a roll of attorneys who have complied with the training requirements
and shall enforce the provisions of this subsection.� Should an attorney fail
to complete the annual training requirement or fail to attend the required
training within six (6) months of being appointed to a youth court case, the
attorney shall be disqualified to serve, and the youth court shall immediately
terminate the representation and appoint another attorney.� Attorneys appointed
by a youth court to ten (10) or fewer cases a year are exempt from the
requirements of this subsection.
���� (4)� Attorneys for all
parties, including the child's attorney, shall owe the duties of undivided
loyalty, confidentiality and competent representation to the party client
pursuant to the Mississippi Rules of Professional Conduct.
���� (5)� An attorney shall enter
his appearance on behalf of a party in the proceeding by filing a written
notice of appearance with the youth court, by filing a pleading, notice or
motion signed by counsel or by appearing in open court and advising the youth
court that he is representing a party.� After counsel has entered his
appearance, he shall be served with copies of all subsequent pleadings, motions
and notices required to be served on the party he represents.� An attorney who
has entered his appearance shall not be permitted to withdraw from the case
until a timely appeal, if any, has been decided, except by leave of the court
then exercising jurisdiction of the cause after notice of his intended
withdrawal is served by him on the party he represents.
���� (6)� [Until July 1,
2027, this subsection (6) shall read as follows:]� Each designee
appointed by a youth court judge shall be subject to the Code of Judicial
Conduct and shall govern himself or herself accordingly.
���� (6)� [From and after
July 1, 2027, this subsection (6) shall read as follows:] * * *� Each designee appointed by a youth court judge shall be
subject to the Code of Judicial Conduct and shall govern himself or herself
accordingly.� [Deleted]
���� (7)� The Department of Child
Protection Services shall be a necessary party at all stages of the proceedings
involving a child for whom the department has custody, including, but not
limited to, detention, shelter, adjudicatory, disposition, permanency,
termination of parental rights and adoption hearings.
���� (8)� The Department of Child
Protection Services shall have the right to hire agency counsel to represent
the department and be represented by counsel from the Attorney General's Office
at all stages of the proceedings involving a child for whom the department has
custody of or may be awarded custody of, including, but not limited to, detention
shelter, adjudicatory disposition, permanency, termination of parental rights
and adoption hearings.
���� SECTION 51.�
Section 43-21-251, Mississippi Code of 1972, is amended as follows:
���� 43-21-251.� (1)� The court
records of the youth court shall include:
��������� (a)� A general docket
in which the clerk of the youth court shall enter the names of the parties in
each cause, the date of filing the petition, any other pleadings, * * * all other papers in the cause, issuance and
return of process, and a reference by the minute book and page to all orders
made therein. * * *� The
general docket shall be duly indexed in the alphabetical order of the names of
the parties.
��������� (b)� All the papers * * * and, pleadings * * * filed and exhibits offered in a cause.�
The papers in every cause shall be marked with the style and number of the
cause and the date when filed.� All the papers filed in a cause shall be kept
in the same file, and all the files shall be kept in numerical order.
��������� (c)� Any and all
other papers in a cause.
��������� ( * * *cd)� All social records of a youth
court, which shall include all intake records, social summaries, medical
examinations, mental health examinations, transfer studies and all other
information obtained and prepared in the discharge of official duty for the
youth court.
������������� (i)� A "social
summary" is an investigation of the personal and family history and the
environment of a child who is the subject of a youth court cause.� The social
summary should describe all reasonable appropriate alternative dispositions.�
The social summary should contain a specific plan for the care and assistance
to the child with a detailed explanation showing the necessity for the proposed
plan of disposition.
������������� (ii)� A
"medical examination" is an examination by a physician of a child who
is the subject of a youth court cause or of his parent.� The youth court may
order a medical examination at any time after the intake unit has received a
written complaint.� Whenever possible, a medical examination shall be conducted
on an outpatient basis.� A medical examination of a parent of the child who is
the subject of the cause shall not be ordered unless the physical or mental
ability of the parent to care for the child is a relevant issue in the
particular cause and the parent to be examined consents to the examination.
������������� (iii)� A
"mental health examination" is an examination by a psychiatrist or
psychologist of a child who is the subject of a youth court cause or of his
parent.� The youth court may order a mental health examination at any time
after the intake unit has received a written complaint.� Whenever possible, a
mental health examination shall be conducted on an outpatient basis.� A mental
health examination of a parent of the child who is the subject of a cause shall
not be ordered unless the physical or mental ability of the parent to care for
the child is a relevant issue in the particular cause and the parent to be
examined consents to the examination.
������������� (iv)� A
"transfer study" is a social summary which addresses the factors set
forth in Section 43-21-157(5).� A transfer study shall not be admissible
evidence nor shall it be considered by the court at any adjudicatory hearing.�
It shall be admissible evidence at a transfer or disposition hearing.
��������� ( * * *de)� A minute book in which the clerk
shall record all the orders of the youth court.
��������� ( * * *ef)� Proceedings of the youth court and
evidence.
��������� ( * * *fg)� All information obtained by the
youth court from the Administrative Office of Courts pursuant to a request
under Section * * * 43‑21‑261(15) 43-21-261(9).
���� (2)� The records of the
youth court and the contents thereof shall be kept confidential and shall not
be disclosed except as provided in Section 43-21-261 or Section 43-21-262.
���� (3)� The court records of
the youth court may be kept on computer in the manner provided for storing
circuit court records and dockets as provided in Section 9-7-171.� The
Administrative Office of Courts shall recommend to the youth courts a uniform
format to maintain the records of such courts.
���� SECTION 52.�
Section 43-21-255, Mississippi Code of 1972, is amended as follows:
���� 43-21-255.� (1)� Except as
otherwise provided by this section, all records involving children made and
retained by law enforcement officers and agencies or by the youth court
prosecutor and the contents thereof shall be kept confidential and shall not be
disclosed except as provided in Section 43-21-261 or Section 43-21-262.
���� (2)� A child in the
jurisdiction of the youth court and who has been taken into custody for an act,
which if committed by an adult would be considered a felony or offenses
involving possession or use of a dangerous weapon or any firearm, may be
photographed or fingerprinted or both.� Any law enforcement agency taking such
photographs or fingerprints shall immediately report the existence and location
of the photographs and fingerprints to the youth court.� Copies of fingerprints
known to be those of a child shall be maintained on a local basis only.� Such
copies of fingerprints may be forwarded to another local, state or federal
bureau of criminal identification or regional depository for identification
purposes only.� Such copies of fingerprints shall be returned promptly and
shall not be maintained by such agencies.
���� (3)� Any law enforcement
record involving children who have been taken into custody for an act, which if
committed by an adult would be considered a felony and/or offenses involving
possession or use of a dangerous weapon including photographs and fingerprints,
may be released to a law enforcement agency supported by public funds, youth
court officials and appropriate school officials * * * without a court order under Section 43‑21‑261.�
Law enforcement records shall be released to youth court officials and to
appropriate school officials upon written request.� Except as provided in
subsection (4) of this section, any law enforcement agency releasing such
records of children in the jurisdiction of the youth court shall immediately
report the release and location of the records to the youth court.� The law
enforcement agencies, youth court officials and school officials receiving such
records are prohibited from using the photographs and fingerprints for any
purpose other than for criminal law enforcement and juvenile law enforcement.�
Each law enforcement officer or employee, each youth court official or employee
and each school official or employee receiving the records shall submit to the
sender a signed statement acknowledging his or her duty to maintain the
confidentiality of the records.� In no instance shall the fact that such
records of children in the jurisdiction of the youth court exist be conveyed to
any private individual, firm, association or corporation or to any public or
quasi-public agency the duties of which do not include criminal law enforcement
or juvenile law enforcement.
���� (4)� When a child's driver's
license is suspended for refusal to take a test provided under the Mississippi
Implied Consent Law, the law enforcement agency shall report such refusal * * *, without a court order under Section 43‑21‑261,
to the Commissioner of Public Safety in the same manner as such suspensions are
reported in cases involving adults.
���� (5)� All records involving a
child convicted as an adult or who has been twice adjudicated delinquent for a
sex offense as defined by Section 45-33-23, Mississippi Code of 1972, shall be
public and shall not be kept confidential.
���� SECTION
53.� Section 43-21-259,
Mississippi Code of 1972, is amended as follows:
���� 43-21-259.�
All other records involving children and the contents thereof shall be kept
confidential and shall not be disclosed except as provided in Section 43-21-261
or Section 43-21-262.
���� SECTION 54.�
Section 43-21-301, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-301.� (1)� No court
other than the youth court shall issue an arrest warrant or custody order for a
child in a matter in which the youth court has exclusive original jurisdiction
but shall refer the matter to the youth court.
���� (2)� Except as otherwise
provided, no child in a matter in which the youth court has exclusive original
jurisdiction shall be taken into custody by a law enforcement officer, the
Department of Human Services, the Department of Child Protection Services, or
any other person unless the judge or his designee has issued a custody order to
take the child into custody.
���� (3)� The judge or his
designee may require a law enforcement officer, the Department of Human
Services, the Department of Child Protection Services, or any suitable person
to take a child into custody for a period not longer than forty-eight (48)
hours, excluding Saturdays, Sundays, and statutory state holidays.
��������� (a)� Custody orders
under this subsection may be issued if it appears that there is probable cause
to believe that:
������������� (i)� The child is
within the jurisdiction of the court;
������������� (ii)� Custody is
necessary because of any of the following reasons:� the child is in danger of a
significant risk of harm, any person would be in danger of a significant risk
of harm by the child, to ensure the child's attendance in court at such time as
required, or a parent, guardian or custodian is not available to provide
for the care and supervision of the child; and
������������� (iii)� There is no
reasonable alternative to custody.
���� A finding of probable
cause under this subsection (3)(a) shall not be based solely upon a positive
drug test of a newborn or parent for marijuana or solely upon the status of a
parent as a cardholder under the Mississippi Medical Cannabis Act; however, a
finding of probable cause may be based upon an evidence-based finding of harm
to the child or a parent's inability to provide for the care and supervision of
the child due to the parent's use of marijuana.� Probable cause for unlawful
use of any controlled substance, except as otherwise provided in this
subsection (3)(a) for marijuana, may be based:� 1. upon a parent's positive
drug test for unlawful use of a controlled substance only if the child is in
danger of a significant risk of harm or the parent is unable to provide proper
care or supervision of the child because of the unlawful use and there is no
reasonable alternative to custody; and 2. upon a newborn's positive drug screen
for a controlled substance that was used unlawfully only if the child is in
danger of a significant risk of harm or the parent is unable to provide proper
care or supervision of the child because of the unlawful use and there is no
reasonable alternative to custody.
���� A child shall not be
considered "neglected" solely because the child's parent, guardian or
custodian has failed to provide the child with food, clothing, or shelter
necessary to sustain the life or health of the child when the failure is caused
primarily by financial inability, unless relief services had been offered and
refused and the child is in imminent risk of harm.
��������� (b)� Custody orders
under this subsection shall be written.� In emergency cases, a judge or his
designee may issue an oral custody order, but the order shall be reduced to
writing within forty-eight (48) hours of its issuance.
��������� (c)� Each youth court
judge shall develop and make available to law enforcement a list of designees
who are available after hours, on weekends and on holidays.
���� (4)� The judge or his
designee may order, orally or in writing, the immediate release of any child in
the custody of any person or agency.� Except as otherwise provided in
subsection (3) of this section, custody orders as provided by this chapter and
authorizations of temporary custody may be written or oral, but, if oral,
reduced to writing within forty-eight (48) hours, excluding Saturdays, Sundays
and statutory state holidays.� The written order shall:
��������� (a)� Specify the name
and address of the child, or, if unknown, designate him or her by any name or
description by which he or she can be identified with reasonable certainty;
��������� (b)� Specify the age of
the child, or, if unknown, that he or she is believed to be of an age subject
to the jurisdiction of the youth court;
��������� (c)� Except in cases
where the child is alleged to be a delinquent child or a child in need of
supervision, state that the effect of the continuation of the child's residing
within his or her own home would be contrary to the welfare of the child, that the
placement of the child in foster care is in the best interests of the child,
and unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c),
also state that (i) reasonable efforts have been made to maintain the child
within his or her own home, but that the circumstances warrant his removal and
there is no reasonable alternative to custody; or (ii) the circumstances are of
such an emergency nature that no reasonable efforts have been made to maintain
the child within his own home, and that there is no reasonable alternative to
custody.� If the court makes a finding in accordance with (ii) of this
paragraph, the court shall order that reasonable efforts be made toward the
reunification of the child with his or her family;
��������� (d)� State that the
child shall be brought immediately before the youth court or be taken to a
place designated by the order to be held pending review of the order;
��������� (e)� State the date
issued and the youth court by which the order is issued; and
��������� (f)� Be signed by the
judge or his designee with the title of his office.
���� (5)� The taking of a child
into custody shall not be considered an arrest except for evidentiary purposes.
���� (6)� (a)� No child who has
been accused or adjudicated of any offense that would not be a crime if committed
by an adult shall be placed in an adult jail or lockup.� An accused status
offender shall not be held in secure detention longer than twenty-four (24)
hours prior to and twenty-four (24) hours after an initial court appearance,
excluding Saturdays, Sundays and statutory state holidays, except under the
following circumstances:� a status offender may be held in secure detention for
violating a valid court order pursuant to the criteria as established by the
federal Juvenile Justice and Delinquency Prevention Act of 2002, and any
subsequent amendments thereto, and out-of-state runaways may be detained
pending return to their home state.
��������� (b)� No accused or
adjudicated juvenile offender, except for an accused or adjudicated juvenile
offender in cases where jurisdiction is waived to the adult criminal court,
shall be detained or placed into custody of any adult jail or lockup for a
period in excess of six (6) hours.
��������� (c)� If any county
violates the provisions of paragraph (a) or (b) of this subsection, the state
agency authorized to allocate federal funds received pursuant to the Juvenile
Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in
scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such
funds.
��������� (d)� Any county that
does not have a facility in which to detain its juvenile offenders in
compliance with the provisions of paragraphs (a) and (b) of this subsection may
enter into a contractual agreement to detain or place into custody the juvenile
offenders of that county with any county or municipality that does have such a
facility, or with the State of Mississippi, or with any private entity that
maintains a juvenile correctional facility.
��������� (e)� Notwithstanding
the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all
counties shall be allowed a one-year grace period from March 27, 1993, to
comply with the provisions of this subsection.
���� (7)� Failure to reduce an
oral order to writing within the required time period under this section shall
result in the order being null and void.� There shall be no liability for
actions taken pursuant to an oral order that is later voided under this
subsection.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-301.� (1)� No court other
than the youth court shall issue an arrest warrant or custody order for a child
in a matter in which the youth court has exclusive original jurisdiction but
shall refer the matter to the youth court.
���� (2)� Except as otherwise
provided, no child in a matter in which the youth court has exclusive original
jurisdiction shall be taken into custody by a law enforcement officer, the
Department of Human Services, the Department of Child Protection Services, or
any other person unless the judge * * * or his designee has issued a custody order to
take the child into custody.
���� (3)� The judge * * * or his designee may require a law
enforcement officer, the Department of Human Services, the Department of Child
Protection Services, or any suitable person to take a child into custody for a
period not longer than forty-eight (48) hours, excluding Saturdays, Sundays,
and statutory state holidays.
��������� (a)� Custody orders
under this subsection may be issued if it appears that there is probable cause
to believe that:
������������� (i)� The child is
within the jurisdiction of the court;
������������� (ii)� Custody is
necessary because of any of the following reasons:� the child is in danger of a
significant risk of harm, any person would be in danger of a significant risk
of harm by the child, to ensure the child's attendance in court at such time as
required, or a parent, guardian or custodian is not available to provide
for the care and supervision of the child; and
������������� (iii)� There is no
reasonable alternative to custody.
���� A finding of probable
cause under this subsection (3)(a) shall not be based solely upon a positive
drug test of a newborn or parent for marijuana or solely upon the status of a
parent as a cardholder under the Mississippi Medical Cannabis Act; however, a
finding of probable cause may be based upon an evidence-based finding of harm
to the child or a parent's inability to provide for the care and supervision of
the child due to the parent's use of marijuana.� Probable cause for unlawful
use of any controlled substance, except as otherwise provided in this
subsection (3)(a) for marijuana, may be based:� 1. upon a parent's positive
drug test for unlawful use of a controlled substance only if the child is in
danger of a significant risk of harm or the parent is unable to provide proper
care or supervision of the child because of the unlawful use and there is no
reasonable alternative to custody; and 2. upon a newborn's positive drug screen
for a controlled substance that was used unlawfully only if the child is in
danger of a significant risk of harm or the parent is unable to provide proper
care or supervision of the child because of the unlawful use and there is no
reasonable alternative to custody.
���� A child shall not be
considered "neglected" solely because the child's parent, guardian or
custodian has failed to provide the child with food, clothing, or shelter
necessary to sustain the life or health of the child when the failure is caused
primarily by financial inability, unless relief services had been offered and
refused and the child is in imminent risk of harm.
��������� (b)� Custody orders
under this subsection shall be written.� In emergency cases, a judge * * *
�or his
designee may issue an oral custody order, but the order shall be
reduced to writing within forty-eight (48) hours of its issuance.
 * * *� (c)� Each youth court judge shall develop and make
available to law enforcement a list of designees who are available after hours,
on weekends and on holidays.
���� (4)� The judge * * * or his designee may order, orally or in
writing, the immediate release of any child in the custody of any person or
agency.� Except as otherwise provided in subsection (3) of this section,
custody orders as provided by this chapter and authorizations of temporary
custody may be written or oral, but, if oral, reduced to writing within forty-eight
(48) hours, excluding Saturdays, Sundays and statutory state holidays.� The
written order shall:
��������� (a)� Specify the name
and address of the child, or, if unknown, designate him or her by any name or
description by which he or she can be identified with reasonable certainty;
��������� (b)� Specify the age of
the child, or, if unknown, that he or she is believed to be of an age subject
to the jurisdiction of the youth court;
��������� (c)� Except in cases
where the child is alleged to be a delinquent child or a child in need of
supervision, state that the effect of the continuation of the child's residing
within his or her own home would be contrary to the welfare of the child, that
the placement of the child in foster care is in the best interests of the
child, and unless the reasonable efforts requirement is bypassed under Section
43-21-603(7)(c), also state that (i) reasonable efforts have been made to
maintain the child within his or her own home, but that the circumstances
warrant his removal and there is no reasonable alternative to custody; or (ii)
the circumstances are of such an emergency nature that no reasonable efforts
have been made to maintain the child within his own home, and that there is no
reasonable alternative to custody.� If the court makes a finding in accordance
with (ii) of this paragraph, the court shall order that reasonable efforts be
made toward the reunification of the child with his or her family;
��������� (d)� State that the
child shall be brought immediately before the youth court or be taken to a
place designated by the order to be held pending review of the order;
��������� (e)� State the date
issued and the youth court by which the order is issued; and
��������� (f)� Be signed by the
judge * * * or his designee
with the title of his office.
���� (5)� The taking of a child
into custody shall not be considered an arrest except for evidentiary purposes.
���� (6)� (a)� No child who has
been accused or adjudicated of any offense that would not be a crime if
committed by an adult shall be placed in an adult jail or lockup.� An accused
status offender shall not be held in secure detention longer than twenty-four
(24) hours prior to and twenty-four (24) hours after an initial court
appearance, excluding Saturdays, Sundays and statutory state holidays, except
under the following circumstances:� a status offender may be held in secure
detention for violating a valid court order pursuant to the criteria as
established by the federal Juvenile Justice and Delinquency Prevention Act of
2002, and any subsequent amendments thereto, and out-of-state runaways may be
detained pending return to their home state.
��������� (b)� No accused or
adjudicated juvenile offender, except for an accused or adjudicated juvenile
offender in cases where jurisdiction is waived to the adult criminal court,
shall be detained or placed into custody of any adult jail or lockup for a
period in excess of six (6) hours.
��������� (c)� If any county
violates the provisions of paragraph (a) or (b) of this subsection, the state
agency authorized to allocate federal funds received pursuant to the Juvenile
Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in
scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of
such funds.
��������� (d)� Any county that
does not have a facility in which to detain its juvenile offenders in
compliance with the provisions of paragraphs (a) and (b) of this subsection may
enter into a contractual agreement to detain or place into custody the juvenile
offenders of that county with any county or municipality that does have such a
facility, or with the State of Mississippi, or with any private entity that
maintains a juvenile correctional facility.
��������� (e)� Notwithstanding
the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties
shall be allowed a one-year grace period from March 27, 1993, to comply with
the provisions of this subsection.
���� (7)� Failure to reduce an
oral order to writing within the required time period under this section shall
result in the order being null and void.� There shall be no liability for
actions taken pursuant to an oral order that is later voided under this
subsection.
���� SECTION 55.�
Section 43-21-303, Mississippi Code of 1972, is amended as follows:
���� 43-21-303.� (1)� No child in
a matter in which the youth court has original exclusive jurisdiction shall be
taken into custody by any person without a custody order except that:
��������� (a)� A law enforcement
officer may take a child in custody if:
������������� (i)� Grounds exist
for the arrest of an adult in identical circumstances; and
������������� (ii)� Such law
enforcement officer has probable cause to believe that custody is necessary as
defined in Section 43-21-301; and
������������� (iii)� Such law
enforcement officer can find no reasonable alternative to custody; or
��������� (b)� A law enforcement
officer or an agent of the Department of Child Protection Services or the
Department of Human Services may take a child into immediate custody if:
������������� (i)� There is
probable cause to believe that the child is in immediate danger of personal
harm; however, probable cause shall not be based solely upon a positive drug
test of a newborn or parent for marijuana or solely upon the status of a parent
as a cardholder under the Mississippi Medical Cannabis Act, but a finding of
probable cause may be based upon an evidence-based finding of harm to the child
or a parent's inability to provide for the care and supervision of the child
due to the parent's use of marijuana.� Probable cause for unlawful use of any
controlled substance, except as otherwise provided in this subparagraph (i) for
marijuana, may be based:� 1. upon a parent's positive drug test for unlawful
use of a controlled substance only if the child is in danger of a significant
risk of harm or the parent is unable to provide proper care or supervision of
the child because of the unlawful use and there is no reasonable alternative to
custody; and 2. upon a newborn's positive drug screen for a controlled
substance that was used unlawfully only if the child is in danger of a
significant risk of harm or the parent is unable to provide proper care or
supervision of the child because of the unlawful use and there is no reasonable
alternative to custody.
���� A child shall not be
considered "neglected" solely because the child's parent, guardian or
custodian has failed to provide the child with food, clothing, or shelter
necessary to sustain the life or health of the child when the failure is caused
primarily by financial inability, unless relief services had been offered and
refused and the child is in imminent risk of harm; and
������������� (ii)� There is
probable cause to believe that immediate custody is necessary as set forth in
Section 43-21-301(3); and
������������� (iii)� There is no
reasonable alternative to custody; and
��������� (c)� Any other person
may take a child into custody if grounds exist for the arrest of an adult in
identical circumstances.� Such other person shall immediately surrender custody
of the child to the proper law enforcement officer who shall thereupon continue
custody only as provided in paragraph (a) of this subsection.
���� (2)� When it is necessary to
take a child into custody, the least restrictive custody should be selected.
���� (3)� [Until July 1,
2027, this subsection (3) shall read as follows:]� Unless the child is
immediately released, the person taking the child into custody shall
immediately notify the judge or his designee.� A person taking a child into
custody shall also make continuing reasonable efforts to notify the child's
parent, guardian or custodian and invite the parent, guardian or custodian to
be present during any questioning.
���� (3)� [From and after
July 1, 2027, this subsection (3) shall read as follows:]� Unless the
child is immediately released, the person taking the child into custody shall
immediately notify the judge * * * or his designee.� A person taking a child into
custody shall also make continuing reasonable efforts to notify the child's
parent, guardian or custodian and invite the parent, guardian or custodian to
be present during any questioning.
���� (4)� [Until July 1,
2027, this subsection (4) shall read as follows:]� A child taken into
custody shall not be held in custody for a period longer than reasonably
necessary, but not to exceed twenty-four (24) hours, and shall be released to his
parent, guardian or custodian unless the judge or his designee authorizes
temporary custody.
���� (4)� [From and after
July 1, 2027, this subsection (4) shall read as follows:]� A child
taken into custody shall not be held in custody for a period longer than
reasonably necessary, but not to exceed twenty four (24) hours, and shall be
released to his parent, guardian or custodian unless the judge * * * or his designee authorizes temporary custody.
���� SECTION 56.�
Section 43-21-307, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-307.� The judge or his
designee may authorize the temporary custody of a child taken into custody for
a period of not longer than forty-eight (48) hours, excluding Saturdays,
Sundays, and statutory state holidays if the judge or his designee finds there
are grounds to issue a custody order as defined in Section 43-21-301 and such
custody order complies with the detention requirements provided in Section 43-21-301(6).
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-307.� The judge * * * or his designee may authorize the temporary
custody of a child taken into custody for a period of not longer than forty-eight
(48) hours, excluding Saturdays, Sundays, and statutory state holidays if the
judge * * * or his designee
finds there are grounds to issue a custody order as defined in Section 43-21-301
and such custody order complies with the detention requirements provided in
Section 43-21-301(6).
���� SECTION 57.�
Section 43-21-311, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-311.� (1)� When a
child is taken into custody, he shall immediately be informed of:
��������� (a)� The reason for his
custody;
��������� (b)� The time within
which review of the custody shall be held;
��������� (c)� His rights during
custody including his right to counsel;
��������� (d)� All rules and
regulations of the place at which he is held;
��������� (e)� The time and place
of the detention hearing when the time and place is set; and
��������� (f)� The conditions of
his custody which shall be in compliance with the detention requirements
provided in Section 43-21-301(6).
���� These rights shall be posted
where the child may read them, and such rights must be read to the child when
he or she is taken into custody.
���� (2)� When a child is taken
into custody, the child may immediately telephone his parent, guardian or
custodian; his counsel; and personnel of the youth court.� Thereafter, he shall
be allowed to telephone his counsel or any personnel of the youth court at
reasonable intervals. �Unless the judge or his designee finds that it is
against the best interest of the child, he may telephone his parent, guardian
or custodian at reasonable intervals.
���� (3)� When a child is taken
into custody, the child may be visited by his counsel and authorized personnel
of the youth court at any time.� Unless the judge or his designee finds it to
be against the best interest of the child, he may be visited by his parent,
guardian or custodian during visiting hours which shall be regularly scheduled
at least three (3) days per week.� The youth court may establish rules
permitting visits by other persons.
���� (4)� Except for the child's
counsel, guardian ad litem and authorized personnel of the youth court, no
person shall interview or interrogate a child held in a detention or shelter
facility unless approval therefor has first been obtained from the judge or his
designee.� When a child in a detention or shelter facility is represented by
counsel or has a guardian ad litem, no person may interview or interrogate the
child concerning the violation of a state or federal law, or municipal or
county ordinance by the child unless in the presence of his counsel or guardian
ad litem or with their consent.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-311.� (1)� When a
child is taken into custody, he shall immediately be informed of:
��������� (a)� The reason for his
custody;
��������� (b)� The time within
which review of the custody shall be held;
��������� (c)� His rights during
custody including his right to counsel;
��������� (d)� All rules and
regulations of the place at which he is held;
��������� (e)� The time and place
of the detention hearing when the time and place is set; and
��������� (f)� The conditions of
his custody which shall be in compliance with the detention requirements
provided in Section 43-21-301(6).
���� These rights shall be posted
where the child may read them, and such rights must be read to the child when
he or she is taken into custody.
���� (2)� When a child is taken
into custody, the child may immediately telephone his parent, guardian or
custodian; his counsel; and personnel of the youth court.� Thereafter, he shall
be allowed to telephone his counsel or any personnel of the youth court at
reasonable intervals.� Unless the judge * * * or his designee finds that it is against the
best interest of the child, he may telephone his parent, guardian or custodian
at reasonable intervals.
���� (3)� When a child is taken
into custody, the child may be visited by his counsel and authorized personnel
of the youth court at any time. �Unless the judge * * * or his designee finds it to be against the
best interest of the child, he may be visited by his parent, guardian or
custodian during visiting hours which shall be regularly scheduled at least
three (3) days per week.� The youth court may establish rules permitting visits
by other persons.
���� (4)� Except for the child's
counsel, guardian ad litem and authorized personnel of the youth court, no
person shall interview or interrogate a child held in a detention or shelter
facility unless approval therefor has first been obtained from the judge * * * or his designee.� When a child in a detention
or shelter facility is represented by counsel or has a guardian ad litem, no
person may interview or interrogate the child concerning the violation of a
state or federal law, or municipal or county ordinance by the child unless in
the presence of his counsel or guardian ad litem or with their consent.
���� SECTION 58.�
Section 43-21-323, Mississippi Code of 1972, is amended as follows:
���� 43-21-323.� (1)�
There is established the Juvenile Detention Facilities Monitoring Unit within
the Department of Public Safety to work in cooperation with the * * * Council of Youth Court
Judges and Referees Family Services Forum for Mississippi Children,
Youth, and Families and the Juvenile Justice Advisory Committee described
in Sections 45-1-33 and * * * 43‑21‑125 43-21-126;
the Juvenile Detention Facilities Monitoring Unit is the licensing agency for
juvenile detention facilities, as defined in Section 43-21-905.� The unit shall
be responsible for investigating, evaluating and securing the rights of
children held in juvenile justice facilities, including detention centers,
training schools and group homes throughout the state to ensure that the
facilities operate in compliance with national best practices and state and
federal law.� The monitoring unit shall only monitor group homes that serve as
a dispositional placement for delinquent youth pursuant to Section 43-21-605.�
Nothing in this section shall be construed as giving the monitoring unit
authority to monitor foster care or shelter care placements.� All monitors
shall be employees of the Department of Public Safety.� The inspections by the
unit shall encompass the following:
��������� (a)� To review and
evaluate (i) all procedures set by detention centers, training schools and
group homes and (ii) all records containing information related to the
operations of the detention centers, training schools and group homes;
��������� (b)� To review and
investigate all complaints filed with the monitoring unit concerning children's
treatment in detention centers, training schools and group homes;
��������� (c)� To conduct
quarterly monitoring visits of all detention centers, training schools and
group homes.� The monitor shall have access to an entire facility and shall
conduct confidential interviews with youth and facility staff;
��������� (d)� To advise a
facility on how to meet the needs of children who require immediate attention;
��������� (e)� To provide
technical assistance and advice to juvenile detention facilities, which will
assist the facilities in complying with state and federal law.
���� To carry out the duties in
this subsection (1) a monitor may consult with an administrator, employee,
child, parent, expert or other individual in the course of monitoring or
investigating.� In addition, the monitor may review court documents and other
confidential records as necessary to fulfill these duties.
���� (2)� Additional duties of
the monitoring unit are as follows:
��������� (a)� To make available on
a quarterly basis to the Governor, Lieutenant Governor and each member of the
Legislature and each member of a county board of supervisors, a report that
describes:
������������� (i)� The work of
the monitoring unit;
������������� (ii)� The results
of any review or investigation undertaken by the monitoring unit;
������������� (iii)� Any
allegations of abuse or injury of a child; and
������������� (iv)� Any problems
concerning the administration of a detention center.
���� The reports described in
this subsection shall keep the names of all children, parents and employees
confidential.
��������� (b)� To promote
awareness among the public and the children held in detention by providing the
following:
������������� (i)� How the
monitoring unit may be contacted;
������������� (ii)� The purpose
of the monitoring unit; and
������������� (iii)� The services
that the monitoring unit provides.
���� (3)� The records of a
monitor shall be confidential.� Any child, staff member, parent or other
interested individual may communicate to a monitor in person, by mail, by
phone, or any other means.� All communications shall be kept confidential and
privileged, except that the youth court and the facility shall have access to
such records, but the identity of reporters shall remain confidential.
���� SECTION 59.�
Section 43-21-407, Mississippi Code of 1972, is amended as follows:
���� 43-21-407.�
(1)� If it appears to the informal adjustment counselor that the child and his
parent, guardian or custodian:
��������� (a)�
Have complied with the terms and conditions of the informal adjustment
agreement; and
��������� (b)�
Have received the maximum benefit from the informal adjustment process, the
informal adjustment counselor shall terminate the informal adjustment process
and dismiss the child without further proceedings.� The informal adjustment
counselor shall notify the child and his parent, guardian or custodian in
writing of the satisfactory completion of the informal adjustment and report
such action to the youth court.
���� (2)�
If it appears to the informal adjustment counselor that further efforts at
informal adjustment would not be in the best interests of the child or the
community, or that the child or his parent, guardian or custodian:
��������� (a)�
Denies the jurisdiction of the youth court;
��������� (b)�
Declines to participate in the informal adjustment process;
��������� (c)�
Expresses a desire that the facts be determined by the youth court;
��������� (d)�
Fails without reasonable excuse to attend scheduled meetings;
��������� (e)� Appears unable or
unwilling to benefit from the informal adjustment process, the informal
adjustment counselor shall terminate the informal adjustment process. If the
informal adjustment process is so terminated, the intake * * * unit officer
shall reinitiate the intake procedure under Section 43-21-357. Even if the
informal adjustment process has been so terminated, the intake * * * unit officer
shall not be precluded from reinitiating the informal adjustment process.
���� SECTION 60.�
Section 43-21-605, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-605.� (1)� In
delinquency cases, the disposition order may include any of the following
alternatives:
��������� (a)� Release the child
without further action;
��������� (b)� Place the child in
the custody of the parents, a relative or other persons subject to any
conditions and limitations, including restitution, as the youth court may
prescribe;
��������� (c)� Place the child on
probation subject to any reasonable and appropriate conditions and limitations,
including restitution, as the youth court may prescribe;
��������� (d)� Order terms of
treatment calculated to assist the child and the child's parents or guardian
which are within the ability of the parent or guardian to perform and which are
not in conflict with a provider's determination of medical necessity;
��������� (e)� Order terms of
supervision which may include participation in a constructive program of
service or education or civil fines not in excess of Five Hundred Dollars
($500.00), or restitution not in excess of actual damages caused by the child
to be paid out of his own assets or by performance of services acceptable to
the victims and approved by the youth court and reasonably capable of
performance within one (1) year;
��������� (f)� Suspend the
child's driver's license by taking and keeping it in custody of the court for
not more than one (1) year;
��������� (g)� Give legal custody
of the child to any of the following:
������������� (i)� The Department
of Human Services for appropriate placement; or
������������� (ii)� Any public or
private organization, preferably community-based, able to assume the education,
care and maintenance of the child, which has been found suitable by the court;
or
������������� (iii)� The Division
of Youth Services for placement in the least restrictive environment, except
that no child under the age of twelve (12) years shall be committed to the
state training school.� Only a child who has been adjudicated delinquent for a
felony may be committed to the training school.� In the event a child is
committed to the Oakley Youth Development Center by the court, the child shall
be deemed to be committed to the custody of the Department of Human Services
which may place the child in the Oakley Youth Development Center or another
appropriate facility.
���� The training school may
retain custody of the child until the child's twentieth birthday but for no
longer.� When the child is committed to the training school, the child shall
remain in the legal custody of the training school until the child has made
sufficient progress in treatment and rehabilitation and it is in the best
interest of the child to release the child.� However, the superintendent of the
state training school, in consultation with the treatment team, may parole a
child at any time he or she may deem it in the best interest and welfare of
such child.� Ten (10) business days before the parole, the training school
shall notify the committing court of the pending release.� This notice may be
made in less than ten (10) days if Oakley Youth Development Center needs to
manage population limitations.� The youth court may then arrange subsequent
placement after a reconvened disposition hearing, except that the youth court
may not recommit the child to the training school or any other secure facility
without an adjudication of a new offense or probation or parole violation.� The
Department of Human Services shall ensure that staffs create transition
planning for youth leaving the facilities.� Plans shall include providing the
youth and his or her parents or guardian with copies of the youth's training
school education and health records, information regarding the youth's home
community, referrals to mental and counseling services when appropriate, and
providing assistance in making initial appointments with community service
providers.� Before assigning the custody of any child to any private
institution or agency, the youth court through its designee shall first inspect
the physical facilities to determine that they provide a reasonable standard of
health and safety for the child.� No child shall be placed in the custody of
the state training school for a status offense or for contempt of or revocation
of a status offense adjudication unless the child is contemporaneously
adjudicated for having committed an act of delinquency that is not a status
offense.� A disposition order rendered under this subparagraph shall meet the
following requirements:
������������������ 1.� The
disposition is the least restrictive alternative appropriate to the best
interest of the child and the community;
������������������ 2.� The
disposition allows the child to be in reasonable proximity to the family home
community of each child given the dispositional alternatives available and the
best interest of the child and the state; and
������������������ 3.� The
disposition order provides that the court has considered the medical,
educational, vocational, social and psychological guidance, training, social education,
counseling, substance abuse treatment and other rehabilitative services
required by that child as determined by the court;
��������� (h)� Recommend to the
child and the child's parents or guardian that the child attend and participate
in the Youth Challenge Program under the Mississippi National Guard, as created
in Section 43-27-203, subject to the selection of the child for the program by
the National Guard; however, the child must volunteer to participate in the
program.� The youth court shall not order any child to apply for or attend the
program;
��������� (i)� Adjudicate the
juvenile to the Statewide Juvenile Work Program if the program is established
in the court's jurisdiction.� The juvenile and his or her parents or guardians
must sign a waiver of liability in order to participate in the work program.�
The judge will coordinate with the youth services counselors as to placing
participants in the work program as follows:
������������� (i)� The severity
of the crime, whether or not the juvenile is a repeat offender or is a felony
offender will be taken into consideration by the judge when adjudicating a
juvenile to the work program.� The juveniles adjudicated to the work program
will be supervised by police officers or reserve officers.� The term of service
will be from twenty-four (24) to one hundred twenty (120) hours of community
service.� A juvenile will work the hours to which he or she was adjudicated on
the weekends during school and weekdays during the summer.� Parents are
responsible for a juvenile reporting for work.� Noncompliance with an order to
perform community service will result in a heavier adjudication.� A juvenile
may be adjudicated to the community service program only two (2) times;
������������� (ii)� The judge
shall assess an additional fine on the juvenile which will be used to pay the
costs of implementation of the program and to pay for supervision by police
officers and reserve officers.� The amount of the fine will be based on the
number of hours to which the juvenile has been adjudicated;
��������� (j)� Order the child to
participate in a youth court work program as provided in Section 43-21-627;
��������� (k)� Order terms of
house arrest under the intensive supervision program as created in Sections 47-5-1001
through 47-5-1015.� The Department of Human Services shall take bids for the
placement of juveniles in the intensive supervision program.� The Department of
Human Services shall promulgate rules regarding the supervision of juveniles
placed in the intensive supervision program.� For each county there shall be
seventy-five (75) slots created in the intensive supervision program for
juveniles.� Any youth ordered into the intensive home-based supervision program
shall receive comprehensive strength-based needs assessments and individualized
treatment plans.� Based on the assessment, an individualized treatment plan
shall be developed that defines the supervision and programming that is needed
by a youth.� The treatment plan shall be developed by a multidisciplinary team
that includes the family of the youth whenever possible.� The juvenile shall
pay Ten Dollars ($10.00) to offset the cost of administering the alcohol and
drug test.� The juvenile must attend school, alternative school or be in the
process of working toward a High School
Equivalency Diploma certificate;
��������� (l)� (i)� Order the
child into a juvenile detention center operated by the county or into a
juvenile detention center operated by any county with which the county in which
the court is located has entered into a contract for the purpose of housing
delinquents, except that a child under the age of twelve (12) years cannot be
held in secure detention as a disposition.� The time period for detention
cannot exceed ninety (90) days, and any detention exceeding forty-five (45)
days shall be administratively reviewed by the youth court no later than forty-five
(45) days after the entry of the order.� At that time the youth court counselor
shall review the status of the youth in detention and shall report any concerns
to the court.� The youth court judge may order that the number of days
specified in the detention order be served either throughout the week or on
weekends only.� No first-time nonviolent youth offender shall be committed to a
detention center for a period in excess of ninety (90) days until all other options
provided for in this section have been considered and the court makes a
specific finding of fact by a preponderance of the evidence by assessing what
is in the best rehabilitative interest of the child and the public safety of
communities and that there is no reasonable alternative to a nonsecure setting
and therefore commitment to a detention center is appropriate.
������������� (ii)� If a child is
committed to a detention center for ninety (90) days, the disposition order
shall meet the following requirements:
������������������ 1.� The
disposition order is the least restrictive alternative appropriate to the best
interest of the child and the community;
������������������ 2.� The
disposition order allows the child to be in reasonable proximity to the family
home community of each child given the dispositional alternatives available and
the best interest of the child and the state; and
������������������ 3.� The
disposition order provides that the court has considered the medical,
educational, vocational, social and psychological guidance, training, social
education, counseling, substance abuse treatment and other rehabilitative
services required by that child as determined by the court;
��������� (m)� The judge may
consider house arrest in an intensive supervision program as a reasonable
prospect of rehabilitation within the juvenile justice system.� The Department
of Human Services shall promulgate rules regarding the supervision of juveniles
placed in the intensive supervision program;
��������� (n)� Referral to A-team
provided system of care services; or
��������� (o)� Place the child on
electronic monitoring subject to any conditions and limitations as the youth
court may prescribe.
���� (2)� If a disposition order
requires that a child miss school due to other placement, the youth court shall
notify a child's school while maintaining the confidentiality of the youth
court process.� If a disposition order requires placement of a child in a
juvenile detention facility, the facility shall comply with the educational
services and notification requirements of Section 43-21-321.
���� (3)� In addition to any of
the disposition alternatives authorized under subsection (1) of this section,
the disposition order in any case in which the child is adjudicated delinquent
for an offense under Section 63-11-30 shall include an order denying the driver's
license and driving privileges of the child as required under Section 63-11-30(9).
���� (4)� If the youth court
places a child in a state-supported training school, the court may order the
parents or guardians of the child and other persons living in the child's
household to receive counseling and parenting classes for rehabilitative
purposes while the child is in the legal custody of the training school.� A
youth court entering an order under this subsection (4) shall utilize
appropriate services offered either at no cost or for a fee calculated on a
sliding scale according to income unless the person ordered to participate
elects to receive other counseling and classes acceptable to the court at the
person's sole expense.
���� (5)� Fines levied under this
chapter shall be paid into the general fund of the county but, in those
counties wherein the youth court is a branch of the municipal government, it
shall be paid into the municipal treasury.
���� (6)� Any institution or
agency to which a child has been committed shall give to the youth court any
information concerning the child as the youth court may at any time require.
���� (7)� The youth court shall
not place a child in another school district who has been expelled from a
school district for the commission of a violent act.� For the purpose of this
subsection, "violent act" means any action which results in death or
physical harm to another or an attempt to cause death or physical harm to
another.
���� (8)� The youth court may
require drug testing as part of a disposition order.� If a child tests
positive, the court may require treatment, counseling and random testing, as it
deems appropriate.� The costs of such tests shall be paid by the parent,
guardian or custodian of the child unless the court specifically finds that the
parent, guardian or custodian is unable to pay.
���� (9)� The Mississippi
Department of Human Services, Division of Youth Services, shall operate and
maintain services for youth adjudicated delinquent at the Oakley Youth
Development Center.� The program shall be designed for children committed to
the training schools by the youth courts.� The purpose of the program is to
promote good citizenship, self-reliance, leadership and respect for constituted
authority, teamwork, cognitive abilities and appreciation of our national
heritage.� The program must use evidenced-based practices and gender-specific
programming and must develop an individualized and specific treatment plan for
each youth.� The Division of Youth Services shall issue credit towards academic
promotions and high school completion.� The Division of Youth Services may
award credits to each student who meets the requirements for a general
education development certification.� The Division of Youth Services must also
provide to each special education eligible youth the services required by that
youth's individualized education plan.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-605.� (1)� In
delinquency cases, the disposition order may include any of the following
alternatives:
��������� (a)� Release the child
without further action;
��������� (b)� Place the child in
the custody of the parents, a relative or other persons subject to any
conditions and limitations, including restitution, as the youth court may
prescribe;
��������� (c)� Place the child on
probation subject to any reasonable and appropriate conditions and limitations,
including restitution, as the youth court may prescribe;
��������� (d)� Order terms of
treatment calculated to assist the child and the child's parents or guardian
which are within the ability of the parent or guardian to perform and which are
not in conflict with a provider's determination of medical necessity;
��������� (e)� Order terms of supervision
which may include participation in a constructive program of service or
education or civil fines not in excess of Five Hundred Dollars ($500.00), or
restitution not in excess of actual damages caused by the child to be paid out
of his own assets or by performance of services acceptable to the victims and
approved by the youth court and reasonably capable of performance within one
(1) year;
��������� (f)� Suspend the
child's driver's license by taking and keeping it in custody of the court for
not more than one (1) year;
��������� (g)� Give legal custody
of the child to any of the following:
������������� (i)� The Department
of Human Services for appropriate placement; or
������������� (ii)� Any public or
private organization, preferably community-based, able to assume the education,
care and maintenance of the child, which has been found suitable by the court;
or
������������� (iii)� The Division
of Youth Services for placement in the least restrictive environment, except
that no child under the age of twelve (12) years shall be committed to the state
training school.� Only a child who has been adjudicated delinquent for a felony
may be committed to the training school.� In the event a child is committed to
the Oakley Youth Development Center by the court, the child shall be deemed to
be committed to the custody of the Department of Human Services which may place
the child in the Oakley Youth Development Center or another appropriate
facility.
���� The training school may
retain custody of the child until the child's twentieth birthday but for no
longer.� When the child is committed to the training school, the child shall
remain in the legal custody of the training school until the child has made
sufficient progress in treatment and rehabilitation and it is in the best
interest of the child to release the child.� However, the superintendent of the
state training school, in consultation with the treatment team, may parole a
child at any time he or she may deem it in the best interest and welfare of
such child.� Ten (10) business days before the parole, the training school
shall notify the committing court of the pending release.� This notice may be made
in less than ten (10) days if Oakley Youth Development Center needs to manage
population limitations.� The youth court may then arrange subsequent placement
after a reconvened disposition hearing, except that the youth court may not
recommit the child to the training school or any other secure facility without
an adjudication of a new offense or probation or parole violation.� The
Department of Human Services shall ensure that staffs create transition
planning for youth leaving the facilities.� Plans shall include providing the
youth and his or her parents or guardian with copies of the youth's training
school education and health records, information regarding the youth's home
community, referrals to mental and counseling services when appropriate, and
providing assistance in making initial appointments with community service
providers.� Before assigning the custody of any child to any private
institution or agency, the youth court * * * through its
designee shall first inspect the physical facilities to determine
that they provide a reasonable standard of health and safety for the child.� No
child shall be placed in the custody of the state training school for a status
offense or for contempt of or revocation of a status offense adjudication
unless the child is contemporaneously adjudicated for having committed an act
of delinquency that is not a status offense.� A disposition order rendered
under this subparagraph shall meet the following requirements:
������������������ 1.� The
disposition is the least restrictive alternative appropriate to the best
interest of the child and the community;
������������������ 2.� The
disposition allows the child to be in reasonable proximity to the family home
community of each child given the dispositional alternatives available and the
best interest of the child and the state; and
������������������ 3.� The
disposition order provides that the court has considered the medical,
educational, vocational, social and psychological guidance, training, social
education, counseling, substance abuse treatment and other rehabilitative
services required by that child as determined by the court;
��������� (h)� Recommend to the
child and the child's parents or guardian that the child attend and participate
in the Youth Challenge Program under the Mississippi National Guard, as created
in Section 43-27-203, subject to the selection of the child for the program by
the National Guard; however, the child must volunteer to participate in the
program.� The youth court shall not order any child to apply for or attend the
program;
��������� (i)� Adjudicate the
juvenile to the Statewide Juvenile Work Program if the program is established
in the court's jurisdiction.� The juvenile and his or her parents or guardians
must sign a waiver of liability in order to participate in the work program.�
The judge will coordinate with the youth services counselors as to placing
participants in the work program as follows:
������������� (i)� The severity
of the crime, whether or not the juvenile is a repeat offender or is a felony
offender will be taken into consideration by the judge when adjudicating a
juvenile to the work program.� The juveniles adjudicated to the work program
will be supervised by police officers or reserve officers.� The term of service
will be from twenty-four (24) to one hundred twenty (120) hours of community
service.� A juvenile will work the hours to which he or she was adjudicated on
the weekends during school and weekdays during the summer.� Parents are
responsible for a juvenile reporting for work.� Noncompliance with an order to
perform community service will result in a heavier adjudication.� A juvenile
may be adjudicated to the community service program only two (2) times;
������������� (ii)� The judge
shall assess an additional fine on the juvenile which will be used to pay the
costs of implementation of the program and to pay for supervision by police
officers and reserve officers.� The amount of the fine will be based on the
number of hours to which the juvenile has been adjudicated;
��������� (j)� Order the child to
participate in a youth court work program as provided in Section 43-21-627;
��������� (k)� Order terms of
house arrest under the intensive supervision program as created in Sections 47-5-1001
through 47-5-1015.� The Department of Human Services shall take bids for the
placement of juveniles in the intensive supervision program.� The Department of
Human Services shall promulgate rules regarding the supervision of juveniles
placed in the intensive supervision program.� For each county there shall be
seventy-five (75) slots created in the intensive supervision program for
juveniles.� Any youth ordered into the intensive home-based supervision program
shall receive comprehensive strength-based needs assessments and individualized
treatment plans.� Based on the assessment, an individualized treatment plan
shall be developed that defines the supervision and programming that is needed
by a youth.� The treatment plan shall be developed by a multidisciplinary team
that includes the family of the youth whenever possible.� The juvenile shall
pay Ten Dollars ($10.00) to offset the cost of administering the alcohol and
drug test.� The juvenile must attend school, alternative school or be in the
process of working toward a High School
Equivalency Diploma certificate;
��������� (l)� (i)� Order the
child into a juvenile detention center operated by the county or into a
juvenile detention center operated by any county with which the county in which
the court is located has entered into a contract for the purpose of housing
delinquents, except that a child under the age of twelve (12) years cannot be
held in secure detention as a disposition.� The time period for detention
cannot exceed ninety (90) days, and any detention exceeding forty-five (45)
days shall be administratively reviewed by the youth court no later than forty-five
(45) days after the entry of the order.� At that time the youth court counselor
shall review the status of the youth in detention and shall report any concerns
to the court.� The youth court judge may order that the number of days
specified in the detention order be served either throughout the week or on
weekends only.� No first-time nonviolent youth offender shall be committed to a
detention center for a period in excess of ninety (90) days until all other
options provided for in this section have been considered and the court makes a
specific finding of fact by a preponderance of the evidence by assessing what
is in the best rehabilitative interest of the child and the public safety of
communities and that there is no reasonable alternative to a nonsecure setting
and therefore commitment to a detention center is appropriate.
������������� (ii)� If a child is
committed to a detention center for ninety (90) days, the disposition order
shall meet the following requirements:
������������������ 1.� The
disposition order is the least restrictive alternative appropriate to the best
interest of the child and the community;
������������������ 2.� The
disposition order allows the child to be in reasonable proximity to the family home
community of each child given the dispositional alternatives available and the
best interest of the child and the state; and
������������������ 3.� The
disposition order provides that the court has considered the medical,
educational, vocational, social and psychological guidance, training, social
education, counseling, substance abuse treatment and other rehabilitative
services required by that child as determined by the court;
��������� (m)� The judge may
consider house arrest in an intensive supervision program as a reasonable
prospect of rehabilitation within the juvenile justice system.� The Department
of Human Services shall promulgate rules regarding the supervision of juveniles
placed in the intensive supervision program;
��������� (n)� Referral to A-team
provided system of care services; or
��������� (o)� Place the child on
electronic monitoring subject to any conditions and limitations as the youth
court may prescribe.
���� (2)� If a disposition order
requires that a child miss school due to other placement, the youth court shall
notify a child's school while maintaining the confidentiality of the youth
court process.� If a disposition order requires placement of a child in a
juvenile detention facility, the facility shall comply with the educational
services and notification requirements of Section 43-21-321.
���� (3)� In addition to any of
the disposition alternatives authorized under subsection (1) of this section,
the disposition order in any case in which the child is adjudicated delinquent
for an offense under Section 63-11-30 shall include an order denying the
driver's license and driving privileges of the child as required under Section
63-11-30(9).
���� (4)� If the youth court
places a child in a state-supported training school, the court may order the
parents or guardians of the child and other persons living in the child's
household to receive counseling and parenting classes for rehabilitative
purposes while the child is in the legal custody of the training school.� A
youth court entering an order under this subsection (4) shall utilize
appropriate services offered either at no cost or for a fee calculated on a
sliding scale according to income unless the person ordered to participate
elects to receive other counseling and classes acceptable to the court at the
person's sole expense.
���� (5)� Fines levied under this
chapter shall be paid into the general fund of the county but, in those
counties wherein the youth court is a branch of the municipal government, it
shall be paid into the municipal treasury.
���� (6)� Any institution or
agency to which a child has been committed shall give to the youth court any
information concerning the child as the youth court may at any time require.
���� (7)� The youth court shall
not place a child in another school district who has been expelled from a
school district for the commission of a violent act.� For the purpose of this
subsection, "violent act" means any action which results in death or
physical harm to another or an attempt to cause death or physical harm to
another.
���� (8)� The youth court may
require drug testing as part of a disposition order.� If a child tests
positive, the court may require treatment, counseling and random testing, as it
deems appropriate.� The costs of such tests shall be paid by the parent,
guardian or custodian of the child unless the court specifically finds that the
parent, guardian or custodian is unable to pay.
���� (9)� The Mississippi
Department of Human Services, Division of Youth Services, shall operate and
maintain services for youth adjudicated delinquent at the Oakley Youth
Development Center.� The program shall be designed for children committed to
the training schools by the youth courts.� The purpose of the program is to
promote good citizenship, self-reliance, leadership and respect for constituted
authority, teamwork, cognitive abilities and appreciation of our national
heritage.� The program must use evidenced-based practices and gender-specific
programming and must develop an individualized and specific treatment plan for
each youth.� The Division of Youth Services shall issue credit towards academic
promotions and high school completion.� The Division of Youth Services may
award credits to each student who meets the requirements for a general
education development certification.� The Division of Youth Services must also
provide to each special education eligible youth the services required by that
youth's individualized education plan.
���� SECTION 61.�
Section 43-21-607, Mississippi Code of 1972, is amended as follows:
���� 43-21-607.� (1)� In children
in need of supervision cases, the disposition order may include any of the
following alternatives or combination of the following alternatives, giving
precedence in the following sequence:
��������� (a)� Release the child
without further action;
��������� (b)� Place the child in
the custody of the parent, a relative or other person subject to any conditions
and limitations as the youth court may prescribe;
��������� (c)� Place the child
under youth court supervision subject to any conditions and limitations the
youth court may prescribe;
��������� (d)� Order terms of
treatment calculated to assist the child and the child's parent, guardian or
custodian which are within the ability of the parent, guardian or custodian to
perform;
��������� (e)� Order terms of
supervision which may include participation in a constructive program of
service or education or restitution not in excess of actual damages caused by
the child to be paid out of his own assets or by performance of services
acceptable to the parties and reasonably capable of performance within one (1)
year;
��������� (f)� Give legal custody
of the child to any of the following but in no event to any state training
school;
������������� (i)� The Department
of Human Services for appropriate placement which may include a wilderness
training program; or
������������� (ii)� [Until
July 1, 2027, this subparagraph (ii) shall read as follows:]� Any
private or public organization, preferably community-based, able to assume the
education, care and maintenance of the child, which has been found suitable by
the court.� Prior to assigning the custody of any child to any private
institution or agency, the youth court through its designee shall first inspect
the physical facilities to determine that they provide a reasonable standard of
health and safety for the child; or
������������� (ii)� [From
and after July 1, 2027, this subparagraph (ii) shall read as follows:]�
Any private or public organization, preferably community based, able to assume
the education, care and maintenance of the child, which has been found suitable
by the court.� Prior to assigning the custody of any child to any private
institution or agency, the youth court * * * through its designee shall first inspect the
physical facilities to determine that they provide a reasonable standard of
health and safety for the child; or
��������� (g)� Order the child to
participate in a youth court work program as provided in Section 43-21-627.
���� (2)� The court may order drug
testing as provided in Section 43-21-605(6).
���� SECTION 62.�
Section 43-21-753, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 43-21-753.� The youth court
of any county in the state may establish a teen court program for the diversion
of certain offenders who have waived all right of confidentiality and privilege
against self-incrimination.� The youth court of Rankin County may extend its
teen court program within the city limits of Pearl.� The offenders eligible to
participate shall be those offenders who in the discretion of the youth court
are suitable and compulsory-school-age children who have come into the
jurisdiction of the youth court as a result of not attending school.� The teen
court shall be a preventive program for juveniles comprised of youth who are
not less than thirteen (13) nor more than seventeen (17) years of age, which
students shall serve as prosecutor, defense counsel, bailiff, court clerk and
jurors.� The program is to administer the "sentencing" or disposition
phase of the proceedings against offenders who elect to participate, shall be
under the guidance of the local youth court, and shall be approved by the local
youth court.� The youth court judge, or his designee who is a licensed
attorney, shall preside.� The teen court is authorized to require eligible
offenders who choose to go to teen court in lieu of youth court to perform up
to one hundred twelve (112) hours of community service, require offenders to
make a personal apology to a victim, require offenders to submit a research
paper on any relevant subject, attend counseling and make restitution or any
other disposition authorized by the youth court.� The youth court shall
establish rules and regulations, including sentencing guidelines, for the
operation of a teen court.� The teen court is authorized to accept monies from
any available public or private source, including public or private donations,
grants, gifts and appropriated funds for funding expenses of operating the
court.
���� Teen court may be held at
whatever location the youth court selects at whatever time or times.� Eligible
offenders shall be only those children who agree to participate in the teen
court and to abide by the teen court's rulings, whose parents or legal guardian
shall also so agree, and who are otherwise qualified to participate.
���� The youth court judge may
require an offender who elects to participate in the teen court to pay a fee
not to exceed Five Dollars ($5.00); any such fees shall be used in
administering this article, and the fee shall not be refunded, regardless of
whether the child successfully completes the teen court program.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 43-21-753.� The youth court
of any county in the state may establish a teen court program for the diversion
of certain offenders who have waived all right of confidentiality and privilege
against self-incrimination.� The youth court of Rankin County may extend its
teen court program within the city limits of Pearl.� The offenders eligible to
participate shall be those offenders who in the discretion of the youth court
are suitable and compulsory-school-age children who have come into the
jurisdiction of the youth court as a result of not attending school.� The teen
court shall be a preventive program for juveniles comprised of youth who are
not less than thirteen (13) nor more than seventeen (17) years of age, which
students shall serve as prosecutor, defense counsel, bailiff, court clerk and
jurors.� The program is to administer the "sentencing" or disposition
phase of the proceedings against offenders who elect to participate, shall be
under the guidance of the local youth court, and shall be approved by the local
youth court.� The youth court judge * * *, or his designee who is a licensed attorney,
shall preside.� The teen court is authorized to require eligible offenders who
choose to go to teen court in lieu of youth court to perform up to one hundred
twelve (112) hours of community service, require offenders to make a personal
apology to a victim, require offenders to submit a research paper on any
relevant subject, attend counseling and make restitution or any other
disposition authorized by the youth court.� The youth court shall establish rules
and regulations, including sentencing guidelines, for the operation of a teen
court.� The teen court is authorized to accept monies from any available public
or private source, including public or private donations, grants, gifts and
appropriated funds for funding expenses of operating the court.
���� Teen court may be held at
whatever location the youth court selects at whatever time or times.� Eligible
offenders shall be only those children who agree to participate in the teen
court and to abide by the teen court's rulings, whose parents or legal guardian
shall also so agree, and who are otherwise qualified to participate.
���� The youth court judge may
require an offender who elects to participate in the teen court to pay a fee
not to exceed Five Dollars ($5.00); any such fees shall be used in
administering this article, and the fee shall not be refunded, regardless of
whether the child successfully completes the teen court program.
���� SECTION 63.�
Section 9-5-165, Mississippi Code of 1972, is amended as follows:
���� 9-5-165.�
The clerk shall not suffer any paper filed to be withdrawn but by leave of the
chancellor, and then only by retaining a copy to be made at the cost of the
party obtaining the leave.� Provided, however, that any duly licensed and
practicing attorney in good standing in the court may remove court files and
related legal papers * * * other
than youth court and adoption court files and related papers from the clerk's office by signing therefor himself,
or by a designated representative of his law office, on a record to be provided
for that purpose.� Such files or documents so removed shall be attested to by
the clerk or his deputy at the time of removal, and said attorney shall be
personally responsible for their safekeeping and return within ten (10) days,
or before the first day of the next term of chancery court, whichever comes
first and such files or documents shall not be removed from the county where
the same are filed except that said files or documents may be taken by said
attorney for use in a vacation hearing to such county where the hearing may be
held. Failure to return any such court files or related legal papers as
provided herein shall constitute contempt of court.
���� SECTION 64.�
Section 19-9-96, Mississippi Code of 1972, is amended as follows:
���� [Until July 1, 2027,
this section shall read as follows:]
���� 19-9-96.� The board of
supervisors of any county may, in its discretion, set aside, appropriate and
expend moneys from the general fund to be used for funding of the operation of
the youth court division * * * other than a municipal youth court division.� Such funds
shall be expended for no other purpose than:
��������� (a)� Payment of the
salaries of the referees, court administrators, youth court prosecutor when
court appointed, youth court public defender, court reporters other than
regular chancery court or county court reporters, clinical psychologists and
other professional personnel, secretaries and other clerical or other court-appointed
personnel, detention home employees, shelter home employees, halfway house
employees and youth counsellors;
��������� (b)� Travel and
training expenses;
��������� (c)� The operation of a
youth court and related facilities, detention facilities, shelter home
facilities, group homes and halfway houses;
��������� (d)� Volunteer programs
or other court-authorized programs;
��������� (e)� Providing the
youth court referee with a current set of the Mississippi Code of 1972 if a set
has not been provided.
���� [From and after July
1, 2027, this section shall read as follows:]
���� 19-9-96.� The board of
supervisors of any county may, in its discretion, set aside, appropriate and
expend moneys from the general fund to be used for funding of the operation of
the youth court division * * * other than a municipal youth court division.� Such funds
shall be expended for no other purpose than:
��������� (a)� Payment of the
salaries of the * * * referees judges, court administrators,
youth court prosecutor when court appointed, youth court public defender, court
reporters other than regular chancery court or county court reporters, clinical
psychologists and other professional personnel, secretaries and other clerical
or other court-appointed personnel, detention home employees, shelter home
employees, halfway house employees and youth counsellors;
��������� (b)� Travel and training
expenses;
��������� (c)� The operation of a
youth court and related facilities, detention facilities, shelter home
facilities, group homes and halfway houses;
��������� (d)� Volunteer programs
or other court-authorized programs;
��������� (e)� Providing the
youth court * * * referee judge with a current set of the
Mississippi Code of 1972 if a set has not been provided.
���� SECTION 65.� Sections
93-31-1, 93-31-5, and 93-31-7, Mississippi Code of 1972, which are the
remaining provisions of the Supporting and Strengthening Families Act, are hereby
repealed.
���� SECTION 66.�
For no more than ninety (90) days for youth housed in state-owned, youth
detention facilities after a shelter or detention hearing, the county shall pay
an amount not to exceed One Hundred Dollars ($100.00) per day to house each
youth.� SECTION 67.� Section 9-5-55, Mississippi Code of 1972, is
amended as follows:
���� [Until January 1, 2027,
this section shall read as follows:]
���� 9-5-55.� (1)� The
Nineteenth Chancery Court District is composed of the following counties:
���� ���� (a)� Jones County; and
��������� (b)� Wayne County.
���� (2)� While there shall be
no limitation whatsoever upon the powers and duties of the chancellor other
than as cast upon him or her by the Constitution and laws of this state, the
court in the Nineteenth Chancery Court District, in the discretion of the
senior chancellor, may be divided into separate divisions for the efficient
handling of cases based on subject matter, judicial economy, or other factors
by entry of an order upon the minutes.
���� [From January 1, 2027,
and until January 1, 2031, this section shall read as follows:]
���� 9-5-55.� (1)� The Nineteenth
Chancery Court District is composed of the following counties:
��������� (a)� Greene County;
��������� (b)� Jones County; and
��������� (c)� Wayne County.
���� (2)� There shall be two (2)
chancellors for the Nineteenth Chancery Court District.� The two (2)
chancellorships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One" and "Place
Two."� The chancellor to fill Place One must reside in Jones County, and
the chancellor to fill Place Two may reside in any county in the district,
except Jones County.
���� (3)� While there shall be
no limitation whatsoever upon the powers and duties of the chancellors other
than as cast upon them by the Constitution and laws of this state, the court in
the Nineteenth Chancery Court District, in the discretion of the senior
chancellor, may be divided into separate divisions for the efficient handling
of cases based on subject matter, judicial economy, or other factors by entry
of an order upon the minutes.
���� [From and after January
1, 2031, this section shall read as follows:]
���� 9-5-55.� (1)� The Nineteenth
Chancery Court District is composed of the following counties:
��������� (a)� George County;
��������� (b)� Greene County;
��������� (c)� Jones County; and
��������� (d)� Wayne County.
���� (2)� There shall be two (2)
chancellors for the Nineteenth Chancery Court District.� The two (2)
chancellorships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One" and "Place
Two."� The chancellor to fill Place One must reside in Jones County, and
the chancellor to fill Place Two may reside in any county in the district,
except Jones County.
���� (3)� While there shall be
no limitation whatsoever upon the powers and duties of the chancellors other
than as cast upon them by the Constitution and laws of this state, the court in
the Nineteenth Chancery Court District, in the discretion of the senior
chancellor, may be divided into separate divisions for the efficient handling
of cases based on subject matter, judicial economy, or other factors by entry
of an order upon the minutes.
���� SECTION 68.�
This act shall take effect and be in force from and after passage.