MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary B
By: Representatives Bomgar, Baria
AN ACT TO AMEND SECTION 43-21-301, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT MAY ISSUE A CUSTODY ORDER IF THERE IS PROBABLE CAUSE TO BELIEVE THAT A CHILD IS ABUSED OR NEGLECTED RATHER THAN ENDANGERED; TO AMEND SECTION 43-21-309, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY DETENTION OR SHELTER HEARING BE ON THE RECORD; TO AMEND SECTION 43-21-203, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING SECTION; TO AMEND SECTION 9-21-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A CHILD IS REMOVED FROM A HOME DUE TO ABUSE OR NEGLECT, THE CASE FILING FORM UTILIZED BY THE ADMINISTRATIVE OFFICE OF COURTS SHALL PROVIDE DETAILED CATEGORIES AND REASONING FOR THE REMOVAL AND TO REQUIRE SUCH OFFICE TO DEVELOP CERTAIN RECOMMENDATIONS, WHICH ARE SUBMITTED TO THE LEGISLATURE, THAT CREATE A DETAILED UNIFORM SYSTEM OF REPORTING FOR ABUSED AND NEGLECTED CHILDREN; TO BRING FORWARD SECTION 43-21-251, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO YOUTH COURT RECORDS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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, 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, 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 * * * abused or neglected, any
person would be * * *
abused or neglected by the child, to ensure the child's attendance in
court at such time as required, or a parent, guardian or custodian is
not physically available to provide for the care and supervision of the
child; and
(iii) There is no reasonable alternative to custody.
(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 as soon as practicable. 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 towards 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 2. Section 43-21-309, Mississippi Code of 1972, is amended as follows:
43-21-309. (1) A child who has been ordered or taken into custody may be held in custody for longer than temporary custody if:
(a) A written complaint or petition has been filed; and
(b) A court order has been entered for continued custody following a review of that custody at a detention hearing in delinquency and child in need of supervision cases and at a shelter hearing in abuse and neglect cases.
(2) Reasonable oral or written notice of the time, place and purpose of the hearing shall be given to the child; to his or her parent, guardian or custodian; to his or her guardian ad litem, if any; and to his or her counsel. If the parent, guardian or custodian cannot be found, the youth court may hold the hearing in the absence of the child's parent, guardian or custodian.
(3) At the detention or shelter hearing, all parties present shall have the right to present evidence and cross-examine witnesses produced by others. The youth court may, in its discretion, limit the extent but not the right or presentation of evidence and cross-examination of witnesses. The youth court may receive any testimony and other evidence relevant to the necessity for the continued custody of the child without regard to the formal rules of evidence, including hearsay and opinion evidence. All testimony shall be made under oath and on the record and may be in narrative form. Any hearing held pursuant to this subsection shall be on the record.
(4) (a) At the conclusion of the detention or shelter hearing, the youth court shall order that the child be released to the custody of the child's parent, guardian or custodian unless the youth court finds and the detention or shelter hearing order recites that:
(i) There is probable cause that the youth court has jurisdiction; and
(ii) Custody is necessary as defined in Section 43-21-301(3)(b).
(b) In the case of a shelter hearing, the shelter hearing order shall further recite that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interest of the child, and, unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), the order also must state:
(i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and there is no reasonable alternative to custody.
(c) In the event that the court makes a finding in accordance with subparagraph (ii), the court shall order that reasonable efforts be made towards the reunification of the child with his or her family.
(5) The child with advice of counsel may waive in writing the time of the detention hearing or the detention hearing itself. The child's guardian ad litem, and parent, guardian or custodian, and child may waive in writing the time of the shelter hearing or the shelter hearing itself. If the child has not reached his tenth birthday, the child's consent shall not be required.
(6) Any order placing a child into custody shall comply with the requirements provided in Section 43-21-301.
(7) For purposes of this section, "probable cause" means when a judge, referee or designee makes a written evidenced-based factual finding that a child has been harmed.
SECTION 3. Section 43-21-203, Mississippi Code of 1972, is amended as follows:
43-21-203. (1) The youth court shall be in session at all times.
(2) All cases involving children shall be heard at any place the judge deems suitable but separately from the trial of cases involving adults.
(3) Hearings in all cases involving children shall be conducted without a jury and may be recessed from time to time.
(4) All hearings shall be conducted under such rules of evidence and rules of court as may comply with applicable constitutional standards.
(5) No proceeding by the youth court in cases involving children shall be a criminal proceeding but shall be entirely of a civil nature.
(6) The general public shall be excluded from the hearing, and only those persons shall be admitted who are found by the youth court to have a direct interest in the cause or work of the youth court. Any person found by the youth court to have a direct interest in the cause shall have the right to appear and be represented by legal counsel.
(7) In all hearings, * * * including detention and shelter
hearings under Section 43-21-309, a complete record of all evidence shall be
taken by stenographic reporting, by mechanical or electronic device or by some
combination thereof.
(8) The youth court may exclude the attendance of a child from a hearing in neglect and abuse cases with consent of the child's counsel. The youth court may exclude the attendance of a child from any portion of a disposition hearing that would be injurious to the best interest of the child in delinquency and children in need of supervision cases with consent of the child's counsel.
(9) All parties to a youth court cause shall have the right at any hearing in which an investigation, record or report is admitted in evidence:
(a) to subpoena, confront and examine the person who prepared or furnished data for the report; and
(b) to introduce evidence controverting the contents of the report.
(10) Except as provided by Section 43-21-561(5) or as otherwise provided by this chapter, the disposition of a child's cause or any evidence given in the youth court in any proceedings concerning the child shall not be admissible against the child in any case or proceeding in any court other than a youth court.
SECTION 4. Section 9-21-9, Mississippi Code of 1972, is amended as follows:
9-21-9. The Administrative Director of Courts shall have the following duties and authority with respect to all courts in addition to any other duties and responsibilities as may be properly assigned by the Supreme Court:
(a) To require the filing of reports, the collection and compilation of statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts;
(b) To determine the state of the dockets and evaluate the practices and procedures of the courts and make recommendations concerning the number of judges and other personnel required for the efficient administration of justice;
(c) To prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks of courts;
(d) To devise,
promulgate and require the use of a uniform youth court case tracking system,
including a youth court case filing form for filing with each individual youth
court matter, to be utilized by the Administrative Office of Courts and the
youth courts in order that the number of youthful offenders, abused, neglected,
truant and dependent children, as well as children in need of special care and
children in need of supervision, may be tracked with specificity through the
youth court and adult justice systems * * *. In addition when utilizing the case
filing form, as prescribed under this paragraph, when a child has been removed
from a home due to abuse or neglect, the form shall include detailed categories
and reasons for the removal. Further, in support of the uniform case
docketing system, the director shall require that all youth courts utilize the
Mississippi Youth Court Information Delivery System (MYCIDS);
(e) To develop, promulgate and require the use of a statewide docket numbering system to be utilized by the youth courts, which youth court docket numbers shall standardize and unify the numbering system by which youth court docket numbers are assigned, such that each docket number would, among other things, identify the county and year in which a particular youth court action was commenced;
(f) To develop, promulgate and require the use of uniform youth court orders and forms in all youth courts and youth court proceedings;
(g) To prepare and submit budget recommendations for state appropriations necessary for the maintenance and operation of the judicial system and to authorize expenditures from funds appropriated for these purposes as permitted or authorized by law;
(h) To develop and implement personnel policies for nonjudicial personnel employed by the courts;
(i) To investigate, make recommendations concerning and assist in the securing of adequate physical accommodations for the judicial system;
(j) To procure, distribute, exchange, transfer and assign such equipment, books, forms and supplies as are acquired with state funds or grant funds or otherwise for the judicial system;
(k) To make recommendations for the improvement of the operations of the judicial system;
(l) To prepare and submit an annual report on the work of the judicial system to the Supreme Court;
(m) To take necessary steps in the collection of unpaid court costs, fines and forfeitures;
(n) To perform such
additional administrative duties relating to the improvement of the
administration of justice as may be assigned by the Supreme Court; * * *
(o) To promulgate
standards, rules and regulations for computer and/or electronic filing and
storage of all court records and court-related records maintained throughout
the state in courts and in offices of circuit and chancery clerks * * * and
(p) To develop, for submission to the Legislature prior to January 1, 2018, a report of recommendations creating a uniform system of reporting for neglected and abused children that includes detailed categories and reasons for removing such children from their homes when they are within the youth courts and the Mississippi Department of Child Protective Services.
SECTION 5. Section 43-21-251, Mississippi Code of 1972, is brought forward as follows:
43-21-251. (1) The court records of the youth court shall include:
(a) A general docket in which the clerk of the youth court shall enter the names of the parties in each cause, the date of filing the petition, any other pleadings, all other papers in the cause, issuance and return of process, and a reference by the minute book and page to all orders made therein. The general docket shall be duly indexed in the alphabetical order of the names of the parties.
(b) All the papers and pleadings filed in a cause. The papers in every cause shall be marked with the style and number of the cause and the date when filed. All the papers filed in a cause shall be kept in the same file, and all the files shall be kept in numerical order.
(c) All social records of a youth court, which shall include all intake records, social summaries, medical examinations, mental health examinations, transfer studies and all other information obtained and prepared in the discharge of official duty for the youth court.
(i) A "social summary" is an investigation of the personal and family history and the environment of a child who is the subject of a youth court cause. The social summary should describe all reasonable appropriate alternative dispositions. The social summary should contain a specific plan for the care and assistance to the child with a detailed explanation showing the necessity for the proposed plan of disposition.
(ii) A "medical examination" is an examination by a physician of a child who is the subject of a youth court cause or of his parent. The youth court may order a medical examination at any time after the intake unit has received a written complaint. Whenever possible, a medical examination shall be conducted on an outpatient basis. A medical examination of a parent of the child who is the subject of the cause shall not be ordered unless the physical or mental ability of the parent to care for the child is a relevant issue in the particular cause and the parent to be examined consents to the examination.
(iii) A "mental health examination" is an examination by a psychiatrist or psychologist of a child who is the subject of a youth court cause or of his parent. The youth court may order a mental health examination at any time after the intake unit has received a written complaint. Whenever possible, a mental health examination shall be conducted on an outpatient basis. A mental health examination of a parent of the child who is the subject of a cause shall not be ordered unless the physical or mental ability of the parent to care for the child is a relevant issue in the particular cause and the parent to be examined consents to the examination.
(iv) A "transfer study" is a social summary which addresses the factors set forth in Section 43-21-157(5). A transfer study shall not be admissible evidence nor shall it be considered by the court at any adjudicatory hearing. It shall be admissible evidence at a transfer or disposition hearing.
(d) A minute book in which the clerk shall record all the orders of the youth court.
(e) Proceedings of the youth court and evidence.
(f) All information obtained by the youth court from the Administrative Office of Courts pursuant to a request under Section 43-21-261(15).
(2) The records of the youth court and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.
(3) The court records of the youth court may be kept on computer in the manner provided for storing circuit court records and dockets as provided in Section 9-7-171. The Administrative Office of Courts shall recommend to the youth courts a uniform format to maintain the records of such courts.
SECTION 6. This act shall take effect and be in force from and after July 1, 2017.