Senate Bill 2637

AN ACT TO AMEND SECTION 43-21-203, MISSISSIPPI CODE OF 1972, TO REVISE THE EXCLUSION OF OUTSIDE PARTIES FROM ATTENDING YOUTH COURT PROCEEDINGS ONLY IF THE CONFIDENTIALITY OF THE YOUTH IS PROTECTED AND WITH PERMISSION OF THE JUDGE AFTER A DETERMINATION THAT THERE WOULD BE NO HARM TO THE YOUTH OR TO THE FAIRNESS OF THE PROCESS; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) * * * (a) All proceedings shall be presumptively closed to the public except that persons authorized to practice law in the State of Mississippi shall be allowed to attend any proceeding unless a child, parent or guardian who is a subject of the case objects and the court makes an on-the-record finding that the attorney's presence would harm the objecting party or the fairness of the process.

(b) Subject to the discretion of the judge, proceedings may be open to individuals a child, parent or guardian who is a subject of the cases wishes to have in attendance. Judges may open proceedings to researchers and media if a parent, child or guardian who is before the court agrees and counsel for the parent, child or guardian informs the judge that there would be no harm to the client or to the fairness of the process. A decision to keep the proceedings closed should never be made in order to benefit the judge. A decision to keep the proceedings closed or to exclude an attorney is reviewable by the Supreme Court on writ of mandamus or other procedure established by the Court.

(c) A person who attends a youth court proceeding under the provisions of this subsection (6) is prohibited from revealing the names, addresses, telephone numbers, email addresses, photographs or other identifying information of the children and families before the court and must not make public any of that information in any way except as specifically directed by the youth court.

(7) In all hearings, 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.

(11) An order or ruling of the youth court judge delivered orally must be reduced to writing within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays.

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