MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary A

By: Representative Cockerham

House Bill 1286

(As Sent to Governor)

AN ACT TO AMEND SECTION 43-21-505, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SERVICE OF PROCESS IN YOUTH COURT SHALL BE MADE PURSUANT TO THE UNIFORM RULES OF YOUTH COURT PRACTICE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 43-21-505, Mississippi Code of 1972, is amended as follows:

     43-21-505. * * *  (1)  Unless otherwise provided in this chapter, service of summons shall be made personally by delivery of a copy of the summons with a copy of the petition in a sealed envelope attached to the summons. A child may be served in the same manner as an adult.

(2)  Service of the summons and petition, motions, notices and all other papers upon a child who has not reached his fourteenth birthday shall be effectuated by making service upon his parent, guardian or custodian and guardian ad litem, if any.

(3)  If any parent or guardian does not reside within the state or cannot be located therein, the clerk shall issue summons to the guardian ad litem. If the name and post office address of the parent or guardian who does not reside within the state or cannot be located therein can be ascertained, the clerk shall mail by "certified mail" ten (10) days before the date set for the hearing a copy of the summons with a copy of the petition attached to the summons to such parent or guardian. The clerk shall note the fact of such mailing upon the court docket. Ten (10) days after the summons has been mailed, the youth court may take jurisdiction as if summons had been personally served as herein provided.

(4)  The service of summons as required by this chapter shall be made by any person appointed by the youth court judge. Such person, for this purpose, shall be an officer of the youth court.

(5)  Unless otherwise provided in this chapter, notice of the time, date, place and purpose of any hearing other than adjudicatory and transfer hearings shall be given to all parties in person in court or by mail, or in any other manner as the youth court may direct. Service of summons must conform to the Uniform Rules of Youth Court Practice.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.

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