SB 2002

MISSISSIPPI LEGISLATURE
2026 1st Extraordinary Session
To: Judiciary, Division A
By: Senator(s) Bryan
Senate Bill 2002
AN ACT TO REENACT AND AMEND SECTIONS 43-21-261, 43-21-351,
43-21-801, AND 45-33-61, MISSISSIPPI CODE OF 1972, TO EXTEND THE AUTOMATIC
REPEALERS; AND FOR RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� 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, 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)� The court of the
parties in a child custody or adoption cause in another court;
��������� (c)� A judge of any
other court or members of another court staff, including the chancery court
that ordered a forensic interview;
��������� (d)� Representatives of
a public or private agency providing supervision or having custody of the child
under order of the youth court;
��������� (e)� 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;
��������� (f)� 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;
��������� (g)� 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;
��������� (h)� 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).
���� 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 order.� Any further disclosure of any records involving
children shall be made only under an order of the youth court 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 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.
���� (5)� (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.
��������� (b)� 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.
��������� (c)� Agency records
made confidential under the provisions of this section may be disclosed to a
court of competent jurisdiction.
��������� (d)� 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.
���� (6)� 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.
���� (7)� 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 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.
���� (11)� 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.
���� (12)� 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.
���� (13)� 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.
���� (14)� 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.
���� (15)� 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.
���� (16)� 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 youth court data management system known as Mississippi Youth Court
Information Delivery System or "MYCIDS."
���� (17)� 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.
���� (20)� 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.
���� (21)� 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.
���� (22)� 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.
���� (24)� The provisions of this
section shall stand repealed on July 1, * * * 2026 2029.
���� SECTION 2.� 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 alleging facts sufficient to establish the jurisdiction of the
youth court.� 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 Youth Court Information Delivery 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.
���� (3)� Each intake officer
shall receive, at a minimum, six (6) hours of annual 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.
���� (4)� The Mississippi
Judicial College, in conjunction with the Administrative Office of Courts,
shall develop 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.
���� (5)� The provisions of this
section shall stand repealed on July 1, * * * 2026 2029.
���� SECTION 3.� 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
to carry on the business of the youth court.� The Administrative Office of
Courts shall establish a formula consistent with this section for providing
state support payable from the Youth Court Support Fund for the support of the
youth courts.
��������� (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 4.� 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."
���� (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 5.� This act
shall take effect and be in force from and after its passage.