MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representative Hood
AN ACT TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITIONS OF VARIOUS TERMS USED UNDER THE YOUTH COURT LAW; TO AMEND SECTIONS 43-21-301 AND 43-21-303, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD MAY NOT BE CONSIDERED NEGLECTED WHEN THE FAILURE OF THE PARENT TO PROPERLY PROVIDE FOR THE CHILD IS PRIMARILY DUE TO FINANCIAL INABILITY; TO AMEND SECTION 93-15-103, MISSISSIPPI CODE OF 1972, TO DEFINE THE PHRASE "COMPELLING AND EXTRAORDINARY REASONS" AS USED UNDER THE MISSISSIPPI TERMINATION OF PARENTAL RIGHTS LAW; TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COURT TO APPOINT COUNSEL FOR AN INDIGENT CUSTODIAL PARENT IN YOUTH COURT PROCEEDINGS, AND TO REQUIRE A FINANCIALLY ABLE PARENT TO PAY FOR COURT-APPOINTED REPRESENTATION; TO REQUIRE MONIES COLLECTED TO BE DEPOSITED INTO A SPECIAL FUND TO BE KNOWN AS THE "JUVENILE COURT REPRESENTATION FUND" TO HELP COVER THE COSTS OF COUNSEL IN INDIGENT CASES; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO REQUIRE CHILDREN AGE 12 OR OLDER TO BE INCLUDED IN PROCEEDINGS FOR THE INVOLUNTARY TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 93-15-111, MISSISSIPPI CODE OF 1972, TO REQUIRE A COURT TO ACCEPT A PARENT'S WRITTEN VOLUNTARY RELEASE TERMINATING PARENTAL RIGHTS IF CERTAIN REQUIREMENTS ARE MET; TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, TO INCLUDE CHARGES OF CHILD NEGLECT WITHIN THE JURISDICTION OF THE YOUTH COURT; TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR HOLDING A HEARING ON THE TERMINATION OF PARENTAL RIGHTS WITHIN 120 DAYS FROM THE STATUTE GOVERNING ADOPTION PROCEEDINGS; TO AMEND SECTION 93-15-121, MISSISSIPPI CODE OF 1972, TO REVISE THE FACTORS TO BE CONSIDERED IN DETERMINING IF A PARENT'S MENTAL ILLNESS IS GROUNDS FOR TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO REMOVE ADOPTIONS INVOLVING THE DEPARTMENT OF CHILD PROTECTION SERVICES FROM THE SERVICES FOR WHICH A CHANCERY CLERK IS PAID A FEE; TO AMEND SECTION 97-5-39, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "TORTURE" AS A TYPE OF FELONIOUS CHILD ABUSE; TO CREATE NEW SECTION 43-19-107, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO ESTABLISH MINIMUM CHILD VISITATION SCHEDULES FOR CERTAIN NONCUSTODIAL PARENTS ORDERED TO PAY CHILD SUPPORT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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.
(b) "Judge" means the judge of the Youth Court Division.
(c) "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.
(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.
(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 which are 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 which brought the child to the attention of the Department of Child Protection Services and may 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) "Compelling and extraordinary reasons" why termination of parental rights would not be in the child's best interests may include, but are not limited to, when:
(i) A child is being cared for by a relative and that relative, who is otherwise an appropriate, safe and loving placement for the child, is unwilling to participate in termination of parental rights proceedings;
(ii) Guardianship is available;
(iii) A natural parent is incarcerated but subject to be released within a reasonable time and could be given an opportunity to work a service plan toward possible reunification;
(iv) A natural parent is terminally ill and unable to care or provide for the child;
(v) The absence of the parent is due to the parent's admission or commitment to any institution or health facility or due to active service in state or federal armed forces;
(vi) A child twelve (12) years or older objects to the termination of parental rights;
(vii) The child is placed in a residential treatment facility and adoption is unlikely or undesirable or the child is not in an adoptive placement, or it is likely the child will age out of the Department of Child Protection Services' custody rather than be adopted;
(viii) Necessary for compliance with the Indian Child Welfare Act; and
(ix) The department has not provided services within the time frames indicated in the case plan and there is evidence that the family may achieve reunification within six (6) months or there is a finding that reasonable efforts were not made.
SECTION 2. Section 43-21-301, Mississippi Code of 1972, is amended 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 may 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 have 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.
SECTION 3. 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 may 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 have 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 subsection (1)(a) of this section.
(2) When it is necessary to take a child into custody, the least restrictive custody should be selected.
(3) 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) 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 4. Section 93-15-103, Mississippi Code of 1972, is amended as follows:
93-15-103. For purposes of this chapter, unless a different meaning is plainly expressed by the context, the following definitions apply:
(a) "Abandonment" means any conduct by the parent, whether consisting of a single incident or actions over an extended period of time, that evinces a settled purpose to relinquish all parental claims and responsibilities to the child. Abandonment may be established by showing:
(i) For a child who is under three (3) years of age on the date that the petition for termination of parental rights was filed, that the parent has deliberately made no contact with the child for six (6) months;
(ii) For a child who is three (3) years of age or older on the date that the petition for termination of parental rights was filed, that the parent has deliberately made no contact with the child for at least one (1) year;
(iii) If the child is under six (6) years of age, that the parent has exposed the child in any highway, street, field, outhouse, or elsewhere with the intent to wholly abandon the child; or
(iv) If the parent gives possession of the child to an emergency medical services provider pursuant to Sections 43-15-201 et seq.
(b) "Child" means a person under eighteen (18) years of age.
(c) "Court" means the court having jurisdiction under the Mississippi Termination of Parental Rights Law.
(d) "Desertion" means:
(i) Any conduct by the parent over an extended period of time that demonstrates a willful neglect or refusal to provide for the support and maintenance of the child; or
(ii) That the parent has not demonstrated, within a reasonable period of time after the birth of the child, a full commitment to the responsibilities of parenthood.
(e) "Home" means any charitable or religious corporation or organization or the superintendent or head of the charitable or religious corporation or organization organized under the laws of the State of Mississippi, any public authority to which has been granted the power to provide care for or procure the adoption of children by any Mississippi statute, and any association or institution engaged in placing children for adoption on July 1, 1955.
(f) "Interested person" means any person related to the child by consanguinity or affinity, a custodian or legal guardian of the child, a guardian ad litem representing the child's best interests, or an attorney representing the child's preferences under Rule 13 of the Uniform Rules of Youth Court Practice.
(g) "Minor parent" means any parent under twenty-one (21) years of age.
(h) "Parent" means a natural or adoptive parent of the child.
(i) "Permanency outcome" means achieving a permanent or long-term custodial arrangement for the custody and care of the child that ends the supervision of the Department of Child Protection Services.
(j) "Qualified health professional" means a licensed or certified professional who is engaged in the delivery of health services and who meets all applicable federal or state requirements to provide professional services.
(k) "Qualified mental health professional" means a person with at least a master's degree in mental health or a related field and who has either a professional license or a Department of Mental Health credential as a mental health therapist.
(l) "Reunification" means the restoration of the parent's custodial rights in providing for the safety and welfare of the child which ends the supervision of the Department of Child Protection Services.
(m) "Compelling and extraordinary reasons" why termination of parental rights would not be in the child's best interests may include, but are not limited to, when:
(i) A child is being cared for by a relative and that relative, who is otherwise an appropriate, safe and loving placement for the child, is unwilling to participate in termination of parental rights proceedings;
(ii) Guardianship is available;
(iii) A natural parent is incarcerated but subject to be released within a reasonable time and could be given an opportunity to work a service plan toward possible reunification;
(iv) A natural parent is terminally ill and unable to care or provide for the child;
(v) The absence of the parent is due to the parent's admission or commitment to any institution or health facility or due to active service in state or federal armed forces;
(vi) A child twelve (12) years or older objects to the termination of parental rights;
(vii) The child is placed in a residential treatment facility and adoption is unlikely or undesirable or the child is not in an adoptive placement, or it is likely the child will age out of the Department of Child Protection Services' custody rather than be adopted;
(viii) Necessary for compliance with the Indian Child Welfare Act; and
(ix) The department has not provided services within the time frames indicated in the case plan and there is evidence that the family may achieve reunification within six (6) months or there is a finding that reasonable efforts were not made.
SECTION 5. 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.
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 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 custodial 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 have 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 must be determined pursuant to
Section 25-32-9 and Rule 7.3 of the Mississippi Rules of Criminal Procedures.
(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 court 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.
(3) An attorney appointed to represent a child 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 five (5) 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) Each designee appointed by a youth court judge shall be subject to the Code of Judicial Conduct and shall govern himself or herself accordingly.
(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, shelter, adjudicatory, disposition, permanency hearings and termination of parental rights.
SECTION 6. Section 93-15-107, Mississippi Code of 1972, is amended as follows:
93-15-107. (1) (a) Involuntary termination of parental rights proceedings are commenced upon the filing of a petition under this chapter. The petition may be filed by any interested person, or any agency, institution or person holding custody of the child. The simultaneous filing of a petition for adoption is not a prerequisite for filing a petition under this chapter.
(b) The proceeding shall be triable, either in term time or vacation, thirty (30) days after personal service of process to any necessary party or, for a necessary party whose address is unknown after diligent search, thirty (30) days after the date of the first publication of service of process by publication that complies with the Mississippi Rules of Civil Procedure.
(c) Necessary parties to a termination of parental rights action shall include the mother of the child, the legal father of the child, the putative father of the child when known, and any agency, institution or person holding custody of the child. If the child is twelve (12) years or older at the time of the hearing, a summons must be issued and served upon the minor child, together with a copy of the petition, not less than seven (7) days before the hearing. The minor child must be represented by an attorney throughout the proceedings. The court shall appoint an attorney for a minor child who is unrepresented so that the court has the benefit of knowing the child's stated interest. If the child is fourteen (14) years or older at the time of the hearing, the child's preferences regarding the termination of parental rights must be considered by the court. The absence of a necessary party who has been properly served does not preclude the court from conducting the hearing or rendering a final judgment.
(d) A guardian ad litem shall be appointed to protect the best interest of the child, except that the court, in its discretion, may waive this requirement when a parent executes a written voluntary release to terminate parental rights. The guardian ad litem fees shall be determined and assessed in the discretion of the court.
(e) The style of the case may not include the child's name when the child is not the party plaintiff or petitioner.
(2) Voluntary termination of parental rights by written voluntary release is governed by Section 93-15-111.
(3) In all cases involving termination of parental rights, a minor parent shall be served with process as an adult.
(4) The court may waive service of process if an adoptive child was born in a foreign country, put up for adoption in the birth country, and has been legally admitted into this country.
(5) The clerk shall docket cases seeking relief under this chapter as priority cases. The assigned judge shall be immediately notified when a case is filed in order to provide for expedited proceedings.
(6) (a) Once the petition for termination of parental rights is filed with the court of competent jurisdiction, the court shall hold a hearing on the petition within ninety (90) calendar days of the date the petition is filed absent extraordinary circumstances.
(b) For purposes of this subsection, the ninety (90) calendar-day time period commences when perfected service is made on the parents.
(c) For purposes of this subsection, extraordinary circumstances include:
(i) The Mississippi Supreme Court orders the suspension of in-person court proceedings; or
(ii) One (1) of the following has occurred:
1. The President of the United States has declared a national emergency; or
2. The Governor has declared a state of emergency or a statewide public health emergency; or
3. The best interests of the child are served and the court makes specific findings of such.
SECTION 7. Section 93-15-111, Mississippi Code of 1972, is amended as follows:
93-15-111.
(1) The court * * *
shall accept the parent's written voluntary release if it meets the
following minimum requirements:
(a) Is signed under oath and dated at least seventy-two (72) hours after the birth of the child;
(b) States the parent's full name, the relationship of the parent to the child, and the parent's address;
(c) States the child's full name, date of birth, time of birth if known, and place of birth as indicated on the birth certificate;
(d) Identifies the governmental agency or home to which the child has been surrendered, if any;
(e) States the parent's consent to adoption of the child and waiver of service of process for any future adoption proceedings;
(f) Acknowledges that the termination of the parent's parental rights and that the subsequent adoption of the child may significantly affect, or even eliminate, the parent's right to inherit from the child under the laws of Descent and Distribution (Chapter 1, Title 91, Mississippi Code of 1972);
(g) Acknowledges that all provisions of the written voluntary release were entered into knowingly, intelligently, and voluntarily; and
(h) Acknowledges that the parent is entitled to consult an attorney regarding the parent's parental rights.
(2)
The court's order accepting the parent's written voluntary release terminates
all of the parent's parental rights to the child, including, but not limited
to, the parental right to control or withhold consent to an adoption. * * * Further, the
written voluntary release serves as a waiver of the parent's right to have a hearing
on acceptance of the release.
SECTION 8. Section 43-21-151, Mississippi Code of 1972, is amended as follows:
43-21-151. (1) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child except in the following circumstances:
(a) Any act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death, will be in the original jurisdiction of the circuit court;
(b) Any act attempted or committed by a child with the use of a deadly weapon, the carrying of which concealed is prohibited by Section 97-37-1, or a shotgun or a rifle, which would be a felony if committed by an adult, will be in the original jurisdiction of the circuit court; and
(c) When a charge of abuse or neglect of a child first arises in the course of a custody action between the parents of the child already pending in the chancery court and no notice of such abuse or neglect was provided prior to such chancery proceedings, the chancery court may proceed with the investigation, hearing and determination of such abuse or neglect charge as a part of its hearing and determination of the custody issue as between the parents, notwithstanding the other provisions of the Youth Court Law. The proceedings in chancery court on the abuse or neglect charge shall be confidential in the same manner as provided in youth court proceedings.
When a child is expelled from the public schools, the youth court shall be notified of the act of expulsion and the act or acts constituting the basis for expulsion.
(2) Jurisdiction of the child in the cause shall attach at the time of the offense or the allegations of abuse, neglect or exploitation, and shall continue thereafter for that offense or the allegations of abuse, neglect or exploitation until the child's twentieth birthday, unless sooner terminated by order of the youth court. The youth court shall not have jurisdiction over offenses committed by a child on or after his eighteenth birthday, nor have jurisdiction over allegations of abuse, neglect or exploitation committed against a child after the child's eighteenth birthday.
(3) No child who has not reached his thirteenth birthday shall be held criminally responsible or criminally prosecuted for a misdemeanor or felony; however, the parent, guardian or custodian of such child may be civilly liable for any criminal acts of such child. No child under the jurisdiction of the youth court shall be held criminally responsible or criminally prosecuted by any court for any act designated as a delinquent act, unless jurisdiction is transferred to another court under Section 43-21-157.
(4) The youth court shall also have jurisdiction of offenses committed by a child which have been transferred to the youth court by an order of a circuit court of this state having original jurisdiction of the offense, as provided by Section 43-21-159.
(5) The youth court shall regulate and approve the use of teen court as provided in Section 43-21-753.
(6) Nothing in this section shall prevent the circuit court from assuming jurisdiction over a youth who has committed an act of delinquency upon a youth court's ruling that a transfer is appropriate pursuant to Section 43-21-157.
SECTION 9. Section 93-17-3, Mississippi Code of 1972, is amended as follows:
93-17-3. (1) Except as otherwise provided in this section, a court of this state has jurisdiction over a proceeding for the adoption or readoption of a minor commenced under this chapter if:
(a) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent or another person acting as parent, for at least six (6) consecutive months, excluding periods of temporary absence, or, in the case of a minor under six (6) months of age, lived in this state from soon after birth with any of those individuals and there is available in this state substantial evidence concerning the minor's present or future care;
(b) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;
(c) The agency that placed the minor for adoption is licensed in this state and it is in the best interest of the minor that a court of this state assume jurisdiction because:
(i) The minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state; and
(ii) There is available in this state substantial evidence concerning the minor's present or future care;
(d) The minor and the prospective adoptive parent or parents are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected, and the prospective adoptive parent or parents, if not residing in Mississippi, have completed and provided the court with a satisfactory Interstate Compact for Placement of Children (ICPC) home study and accompanying forms, unless the court determines that the home study is not necessary in the case of an adoption by a stepparent or a relative or in the case of an adoption in a foster-to-adopt placement;
(e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a) through (d), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction; or
(f) The child has been adopted in a foreign country, the agency that placed the minor for adoption is licensed in this state, and it is in the best interest of the child to be readopted in a court of this state having jurisdiction.
(2) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if, at the time the petition for adoption is filed, a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction Act or this section unless the proceeding is stayed by the court of the other state.
(3) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor unless:
(a) The court of this state finds that the court of the state which issued the decree or order:
(i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act or has declined to assume jurisdiction to modify the decree or order; or
(ii) Does not have jurisdiction over a proceeding for adoption substantially in conformity with subsection (1)(a) through (d) or has declined to assume jurisdiction over a proceeding for adoption; and
(b) The court of this state has jurisdiction over the proceeding.
(4) Any person may be adopted in accordance with the provisions of this chapter in term time or in vacation by an unmarried adult, by a married person whose spouse joins in the petition, by a married person whose spouse does not join in the petition because such spouse does not cohabit or reside with the petitioning spouse, and in any circumstances determined by the court that the adoption is in the best interest of the child. Only the consenting adult will be a legal parent of the child. The adoption shall be by sworn petition filed in the chancery court of the county in which the adopting petitioner or petitioners reside or in which the child to be adopted resides or was born, or was found when it was abandoned or deserted, or in which the home is located to which the child has been surrendered by a person authorized to so do. The petition shall be accompanied by a doctor's or nurse practitioner's certificate showing the physical and mental condition of the child to be adopted and a sworn statement of all property, if any, owned by the child. In addition, the petition shall be accompanied by affidavits of the petitioner or petitioners stating the amount of the service fees charged by any adoption agencies or adoption facilitators used by the petitioner or petitioners and any other expenses paid by the petitioner or petitioners in the adoption process as of the time of filing the petition. If the doctor's or nurse practitioner's certificate indicates any abnormal mental or physical condition or defect, the condition or defect shall not, in the discretion of the chancellor, bar the adoption of the child if the adopting parent or parents file an affidavit stating full and complete knowledge of the condition or defect and stating a desire to adopt the child, notwithstanding the condition or defect. The court shall have the power to change the name of the child as a part of the adoption proceedings. The word "child" in this section shall be construed to refer to the person to be adopted, though an adult.
(5) No person may be placed in the home of or adopted by the prospective adopting parties before a court-ordered or voluntary home study is satisfactorily completed by a licensed adoption agency, a licensed, experienced social worker approved by the chancery court, a court-appointed guardian ad litem that has knowledge or training in conducting home studies if so directed by the court, or by the Department of Child Protection Services on the prospective adoptive parties if required by Section 93-17-11.
(6) No person may be adopted by a person or persons who reside outside the State of Mississippi unless the provisions of the Interstate Compact for Placement of Children (Section 43-18-1 et seq.) have been complied with. In such cases Forms 100A, 100B (if applicable) and evidence of Interstate Compact for Placement of Children approval shall be added to the permanent adoption record file within one (1) month of the placement, and a minimum of two (2) post-placement reports conducted by a licensed child-placing agency shall be provided to the Mississippi Department of Child Protection Services Interstate Compact for Placement of Children office.
(7) No person may be adopted unless the provisions of the Indian Child Welfare Act (ICWA) have been complied with, if applicable. When applicable, proof of compliance shall be included in the court adoption file prior to finalization of the adoption. If not applicable, a written statement or paragraph in the petition for adoption shall be included in the adoption petition stating that the provisions of ICWA do not apply before finalization.
(8) The readoption of a child who has automatically acquired United States citizenship following an adoption in a foreign country and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding conducted by a court of competent jurisdiction in this state by compliance with the Mississippi Registration of Foreign Adoptions Act, Article 9 of this chapter.
(9) For adult adoptees who consent to the adoption, a chancellor may waive any of the petition requirements and procedural requirements within subsections (4), (5), (6) and (7) of this section.
(10) The clerk shall docket cases seeking relief under this chapter as priority cases. The assigned judge shall be immediately notified when a case is filed in order to provide for expedited proceedings.
* * *
SECTION 10. Section 93-15-121, Mississippi Code of 1972, is amended as follows:
93-15-121. Any of the following, if established by clear and convincing evidence, may be grounds for termination of the parent's parental rights if reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome:
(a)
The parent has been medically diagnosed by a qualified mental health
professional with a severe mental illness or deficiency that is unlikely to
change in a reasonable period of time and which, based upon expert testimony or
an established pattern of behavior, * * * prevents the parent, despite reasonable accommodations,
from providing minimally acceptable care for the child;
(b) The parent has been medically diagnosed by a qualified health professional with an extreme physical incapacitation that is unlikely to change in a reasonable period of time and which, based upon expert testimony or an established pattern of behavior, prevents the parent, despite reasonable accommodations, from providing minimally acceptable care for the child;
(c) The parent is suffering from habitual alcoholism or other drug addiction and has failed to successfully complete alcohol or drug treatment;
(d) The parent is unwilling to provide reasonably necessary food, clothing, shelter, or medical care for the child; reasonably necessary medical care does not include recommended or optional vaccinations against childhood or any other disease;
(e) The parent has failed to exercise reasonable visitation or communication with the child;
(f) The parent's abusive or neglectful conduct has caused, at least in part, an extreme and deep-seated antipathy by the child toward the parent, or some other substantial erosion of the relationship between the parent and the child;
(g) The parent has committed an abusive act for which reasonable efforts to maintain the children in the home would not be required under Section 43-21-603, or a series of physically, mentally, or emotionally abusive incidents, against the child or another child, whether related by consanguinity or affinity or not, making future contacts between the parent and child undesirable; or
(h) (i) The parent has been convicted of any of the following offenses against any child:
1. Rape of a child under Section 97-3-65;
2. Sexual battery of a child under Section 97-3-95(c);
3. Touching a child for lustful purposes under Section 97-5-23;
4. Exploitation of a child under Sections 97-5-31 through 97-5-37;
5. Felonious abuse or battery of a child under Section 97-5-39(2);
6. Carnal knowledge of a step or adopted child or a child of a cohabitating partner under Section 97-5-41; or
7. Human trafficking of a child under Section 97-3-54.1; or
(ii) The parent has been convicted of:
1. Murder or voluntary manslaughter of another child of the parent;
2. Aiding, abetting, attempting, conspiring or soliciting to commit murder or voluntary manslaughter of the child or another child of the parent; or
3. A felony assault that results in the serious bodily injury to the child or another child of the parent.
SECTION 11. Section 25-7-9, Mississippi Code of 1972, is amended as follows:
[From and after January 1, 2024, and through December 31, 2027, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document.................$ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages.................................................$ 25.00
(ii) Each additional page.............$ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages.............................................$ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages.................................................$ 25.00
per additional assignee...............................$ 18.00
(iii) Each additional page............$ 1.00
(iv) Sectional index entries per section or subdivision lot.......................................$ 1.00
(v) Archive fee.......................$ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................. $ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page..............................................$ .50
If performed by any other person,
per page..............................................$ .25
(ii) Entering marginal notations on
documents of record...................................$ 1.00
(e) For attending the board of supervisors' meeting, an annual sum not exceeding...........................$ 2,500.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding.................$ 5,500.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each........................................$ 85.00
For the second chancellor sitting, clerk only....$ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding..............................$ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund...........................$ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoptions that do not involve the Mississippi Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or
fee...................................................$ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.......................................$ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45.......................................$ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
[From and after January 1, 2028, this section shall read as follows:]
25-7-9. (1) The clerks of the chancery courts shall charge the following fees:
(a) For the act of certifying copies of filed documents, for each complete document.................$ 1.00
(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5)
pages.................................................$ 25.00
(ii) Each additional page.............$ 1.00
(c) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages.............................................$ 25.00
(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5)
pages.................................................$ 25.00
per additional assignee...............................$ 18.00
(iii) Each additional page............$ 1.00
(iv) Sectional index entries per section or subdivision lot.......................................$ 1.00
(v) Archive fee.......................$ 1.00
(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page...........$ 4.00
(d) (i) Furnishing copies of any papers of record or on file:
If performed by the clerk or his employee,
per page..............................................$ .50
If performed by any other person,
per page..............................................$ .25
(ii) Entering marginal notations on
documents of record...................................$ 1.00
(e) For attending the board of supervisors' meeting an annual sum not exceeding..............................$ 5,000.00
(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding.................$10,000.00
(g) For each day's attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting only, clerk and two (2) deputies, each........................................$ 85.00
For the second chancellor sitting, clerk only....$ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.
(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding..............................$ 5,000.00
(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund...........................$ 5.00
The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoptions that do not involve the Mississippi Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or
fee...................................................$ 85.00
(3) For every civil case filed:
(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14.......................................$ 10.00
(b) An additional fee to be deposited to the
credit of the Judicial System Operation Fund established in
Section 9-21-45.......................................$ 40.00
(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.
SECTION 12. Section 97-5-39, Mississippi Code of 1972, is amended as follows:
97-5-39. (1) (a) Except as otherwise provided in this section, any parent, guardian or other person who intentionally, knowingly or recklessly commits any act or omits the performance of any duty, which act or omission contributes to or tends to contribute to the neglect or delinquency of any child or which act or omission results in the abuse of any child, as defined in Section 43-21-105(m) of the Youth Court Law, or who knowingly aids any child in escaping or absenting himself from the guardianship or custody of any person, agency or institution, or knowingly harbors or conceals, or aids in harboring or concealing, any child who has absented himself without permission from the guardianship or custody of any person, agency or institution to which the child shall have been committed by the youth court shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by both such fine and imprisonment.
(b) For the purpose of this section, a child is 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 who is married, is not considered a child for the purposes of this statute.
(c) If a child commits one (1) of the proscribed acts in subsection (2)(a), (b) or (c) of this section upon another child, then original jurisdiction of all such offenses shall be in youth court.
(d)
If the * * *
parent has failed to provide the child with food, clothing or shelter
necessary to sustain the life or health of the child, excluding failure caused
by financial inability unless relief services have been offered and refused and
the child is in imminent risk of harm, or the parent is unwilling to provide
reasonably necessary medical care, though that medical care does not include
recommended or optional vaccinations against childhood or any other disease,
the person may be sentenced to imprisonment in custody of the Department of Corrections
for not more than five (5) years or to payment of a fine of not more than Five Thousand
Dollars ($5,000.00), or both.
(e) A parent, legal guardian or other person who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment in the custody of the Department of Corrections for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(2) Any person shall be guilty of felonious child abuse in the following circumstances:
(a) Whether bodily harm results or not, if the person shall intentionally, knowingly or recklessly:
(i) Burn any child;
(ii)
* * *
Torture any child;
(iii) Strangle, choke, smother or in any way interfere with any child's breathing;
(iv) Poison a child;
(v) Starve a child of nourishments needed to sustain life or growth;
(vi) Use any type of deadly weapon upon any child;
(b) If some bodily harm to any child actually occurs, and if the person shall intentionally, knowingly or recklessly:
(i) Throw, kick, bite, or cut any child;
(ii) Strike a child under the age of fourteen (14) about the face or head with a closed fist;
(iii) Strike a child under the age of five (5) in the face or head;
(iv) Kick, bite, cut or strike a child's genitals; circumcision of a male child is not a violation under this subparagraph (iv);
(c) If serious bodily harm to any child actually occurs, and if the person shall intentionally, knowingly or recklessly:
(i) Strike any child on the face or head;
(ii) Disfigure or scar any child;
(iii) Whip, strike or otherwise abuse any child;
(d) Any person, upon conviction under paragraph (a) or (c) of this subsection, shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than five (5) years and up to life, as determined by the court. Any person, upon conviction under paragraph (b) of this subsection shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years nor more than ten (10) years, as determined by the court. For any second or subsequent conviction under this subsection (2), the person shall be sentenced to imprisonment for life.
(e) For the purposes of this subsection (2), "bodily harm" means any bodily injury to a child and includes, but is not limited to, bruising, bleeding, lacerations, soft tissue swelling, and external or internal swelling of any body organ.
(f) For the purposes of this subsection (2), "serious bodily harm" means any serious bodily injury to a child and includes, but is not limited to, the fracture of a bone, permanent disfigurement, permanent scarring, or any internal bleeding or internal trauma to any organ, any brain damage, any injury to the eye or ear of a child or other vital organ, and impairment of any bodily function.
(g) For purposes of this subsection (2), "torture" means any act, omission or intentional neglect committed by an individual upon a child within the person's custody or physical control, whereby unnecessary or unjustifiable physical or mental pain or suffering is caused or permitted, regardless of whether serious physical injury results. Child torture involves treatment that is intentionally cruel, inhumane and degrading, including, but not limited to: intentionally starving a child; forcing a child to sit in urine or feces; binding or restraining a child; repeatedly physically injuring a child; exposing the child to extreme temperatures without adequate clothing or shelter; locking a child in closets or other small spaces; and forcing a child into stress positions or exercise resulting in prolonged suffering.
( * * *h) Nothing contained in paragraph (c) of
this subsection shall preclude a parent or guardian from disciplining a child of
that parent or guardian, or shall preclude a person in loco parentis to a child
from disciplining that child, if done in a reasonable manner, and reasonable corporal
punishment or reasonable discipline as to that parent or guardian's child or child
to whom a person stands in loco parentis shall be a defense to any violation charged
under paragraph (c) of this subsection.
( * * *i) Reasonable discipline and reasonable
corporal punishment shall not be a defense to acts described in paragraphs (a) and
(b) of this subsection or if a child suffers serious bodily harm as a result of
any act prohibited under paragraph (c) of this subsection.
(3) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.
(4) (a) A parent, legal guardian or caretaker who endangers a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing or possessing immediate precursors or chemical substances with intent to manufacture, sell or possess a controlled substance as prohibited under Section 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(b) If the endangerment results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than twenty (20) years or to payment of a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.
(5) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.
(6) After consultation with the Department of Child Protection Services, a regional mental health center or an appropriate professional person, a judge may suspend imposition or execution of a sentence provided in subsections (1) and (2) of this section and in lieu thereof require treatment over a specified period of time at any approved public or private treatment facility. A person may be eligible for treatment in lieu of criminal penalties no more than one (1) time.
(7) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth Court Law, the testimony of the physician making the report regarding the child's injuries or condition or cause thereof shall not be excluded on the ground that the physician's testimony violates the physician-patient privilege or similar privilege or rule against disclosure. The physician's report shall not be considered as evidence unless introduced as an exhibit to his testimony.
(8) Any criminal prosecution arising from a violation of this section shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court.
SECTION 13. The following shall be codified as Section 43-19-107, Mississippi Code of 1972:
43-19-107. Whenever the court has ordered a noncustodial parent to make periodic payments for the maintenance or support of a child, the court may establish minimum child visitation schedules if the court determines that visitation would be in the best interests of the child.
SECTION 14. This act shall take effect and be in force from and after July 1, 2024.