MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary A

By: Representative Cockerham

House Bill 1129

(As Sent to Governor)

AN ACT TO AMEND SECTION 93-15-105, MISSISSIPPI CODE OF 1972, TO CLARIFY JURISDICTION OF COUNTY COURTS IN RELATION TO TERMINATION OF PARENTAL RIGHTS PROCEEDINGS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 93-15-105, Mississippi Code of 1972, is amended as follows:

     93-15-105.  (1)  The chancery court has original exclusive jurisdiction over all termination of parental rights proceedings except * * *that when a county court * * *, when sitting as a youth court has acquired jurisdiction of a child in an abuse or neglect proceeding, * * *has then the county court shall have original exclusive jurisdiction to hear a petition for termination of parental rights against a parent of that child pursuant to the procedures of this chapter.

     (2)  (a)  Venue in a county court sitting as a youth court for termination of parental rights proceedings shall be in the county in which the court has jurisdiction of the child in the abuse or neglect proceedings.  Venue in chancery court for termination of parental rights proceedings shall be proper either in the county in which the defendant resides, the child resides or in the county where an agency or institution having custody of the child is located.

          (b)  Transfers of venue shall be governed by the Mississippi Rules of Civil Procedure.

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