Senate Bill 2733

AN ACT TO AMEND SECTION 93-5-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHANCERY COURT TO CONDUCT AN EMERGENCY HEARING WITH REDUCED NOTICE TO THE PARTIES IN THE EVENT THE CUSTODIAL PARENT IS NOT IN COMPLIANCE WITH COURT-ORDERED VISITATION; TO AMEND SECTION 93-21-25, MISSISSIPPI CODE OF 1972, TO REQUIRE MEDICAL PROFESSIONALS TO REPORT TO THE COURT CERTAIN SUSPECTED ABUSE; TO AMEND SECTION 93-21-27, MISSISSIPPI CODE OF 1972, TO IMMUNIZE MEDICAL PROFESSIONALS WHO SO REPORT SUSPECTED ABUSE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-5-23, Mississippi Code of 1972, is amended as follows:

93-5-23. (1) When a divorce shall be decreed from the bonds of matrimony, the court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody and maintenance of the children of the marriage, and also touching the maintenance and alimony of the wife or the husband, or any allowance to be made to her or him, and shall, if need be, require bond, sureties or other guarantee for the payment of the sum so allowed. Orders touching on the custody of the children of the marriage shall be made in accordance with the provisions of Section 93-5-24. The court may afterwards, on petition, change the decree, and make from time to time such new decrees as the case may require. However, where proof shows that both parents have separate incomes or estates, the court may require that each parent contribute to the support and maintenance of the children of the marriage in proportion to the relative financial ability of each. In the event a legally responsible parent has health insurance available to him or her through an employer or organization that may extend benefits to the dependents of such parent, any order of support issued against such parent may require him or her to exercise the option of additional coverage in favor of such children as he or she is legally responsible to support.

(2) Whenever the court has ordered visitation and the custodial parent is not in compliance with the order of the court, the court may hold an emergency hearing on the matter upon immediate notice to the parties.

(3) Whenever the court has ordered a party to make periodic payments for the maintenance or support of a child, but no bond, sureties or other guarantee has been required to secure such payments, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, the court may, upon petition of the person to whom such payments are owing, or such person's legal representative, enter an order requiring that bond, sureties or other security be given by the person obligated to make such payments, the amount and sufficiency of which shall be approved by the court. The obligor shall, as in other civil actions, be served with process and shall be entitled to a hearing in such case.

(4) (a) Whenever in any proceeding in the chancery court concerning the custody of a child a party alleges that the child whose custody is at issue has been the victim of sexual or physical abuse by the other party, the court may, on its own motion, grant a continuance in the custody proceeding only until such allegation has been investigated by the Department of Human Services. At the time of ordering such continuance the court may direct the party, and his attorney, making such allegation of child abuse to report in writing and provide all evidence touching on the allegation of abuse to the Department of Human Services. The Department of Human Services shall investigate such allegation and take such action as it deems appropriate and as provided in such cases under the Youth Court Law (being Chapter 21 of Title 43, Mississippi Code of 1972) or under the laws establishing family courts (being Chapter 23 of Title 43, Mississippi Code of 1972).

(b) If after investigation by the Department of Human Services or final disposition by the youth court or family court allegations of child abuse are found to be without foundation, the chancery court shall order the alleging party to pay all court costs and reasonable attorney's fees incurred by the defending party in responding to such allegation.

(c) The court may investigate, hear and make a determination in a custody action when a charge of abuse and/or neglect arises in the course of a custody action as provided in Section 43-21-151, and in such cases the court shall appoint a guardian ad litem for the child as provided under Section 43-21-121, who shall be an attorney. Unless the chancery court's jurisdiction has been terminated, all disposition orders in such cases for placement with the Department of Human Services shall be reviewed by the court or designated authority at least annually to determine if continued placement with the department is in the best interest of the child or public.

(5) The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child:

(a) Attains the age of twenty-one (21) years, or

(b) Marries, or

(c) Discontinues full-time enrollment in school and obtains full-time employment prior to attaining the age of twenty-one (21) years, or

(d) Voluntarily moves from the home of the custodial parent or guardian and establishes independent living arrangements and obtains full-time employment prior to attaining the age of twenty-one (21) years.

SECTION 2. Section 93-21-25, Mississippi Code of 1972, is amended as follows:

93-21-25. (1) A written report of any known or suspected abuse may be made to the Department of Human Services as soon as possible by any person having knowledge of such abuse. Reports of abuse made under the provisions of this chapter and the identity of those persons making the reports shall be confidential.

(2) A medical professional is required to report to the court having jurisdiction any suspected abuse of a child, whether physical or emotional, for whom an order of custody has been entered if the medical professional has knowledge of the order of custody.

SECTION 3. Section 93-21-27, Mississippi Code of 1972, is amended as follows:

93-21-27. (1) A law enforcement officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged domestic violence incident brought by any authorized party, or an arrest made in good faith pursuant to Section 99-3-7(3), or failure, in good faith, to make an arrest pursuant to Section 99-3-7(3).

(2) A medical professional shall not be held liable in any civil action for a report made in good faith as required by Section 92-21-25(2).

SECTION 4. This act shall take effect and be in force from and after its passage.