MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary A

By: Representative Owen

House Bill 1111

(As Sent to Governor)

AN ACT TO AMEND SECTION 93-15-105, MISSISSIPPI CODE OF 1972, TO AUTHORIZE YOUTH COURT, IN ABUSE OR NEGLECT PROCEEDINGS, TO HAVE ORIGINAL, EXCLUSIVE JURISDICTION OF BOTH VOLUNTARY AND INVOLUNTARY TERMINATION OF PARENTAL RIGHTS ACTIONS; 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 when a county court sitting as a youth court has acquired jurisdiction of a child in an abuse or neglect proceeding, then the county court shall have original exclusive jurisdiction to hear * * *a petitions for both voluntary and involuntary termination of parental rights actions 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 any 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, 2023.