Senate Bill 2641

AN ACT TO CREATE NEW SECTION 43-21-202, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL HAVE THE RIGHT TO BE REPRESENTED BY AGENCY COUNSEL EMPLOYED BY THE DEPARTMENT AT ALL STAGES OF ANY PROCEEDINGS INVOLVING A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO ISSUE A SUMMONS TO THE DEPARTMENT OF CHILD PROTECTION SERVICES IF A PETITION IS FILED THAT INVOLVES A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY OF OR MAY BE AWARDED CUSTODY OF; TO BRING FORWARD SECTION 7-5-1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE POWERS OF THE ATTORNEY GENERAL, FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 43-21-202, Mississippi Code of 1972:

43-21-201. (1) The Department of Child Protection Services shall have the right to be represented by agency counsel employed by the department at all stages of any proceedings involving a child for whom the department has custody of or may be awarded custody of including, but not limited to, detention, shelter, adjudicatory, disposition and permanency hearings.

(2) Agency counsel employed by the Department of Child Services shall represent the interests of the department in any proceeding under this chapter.

SECTION 2. Section 43-21-501, Mississippi Code of 1972, is amended as follows:

43-21-501. When a petition has been filed and the date of hearing has been set by the youth court, the judge or his designee shall order the clerk of the youth court to issue a summons to the following to appear personally at such hearing:

(a) The child named in the petition;

(b) The person or persons who have custody or control of the child;

(d) The Department of Child Protection Services if the petition involves a child for whom the department has custody or may be awarded custody of; and

( * * *de) Any other person whom the court deems necessary.

SECTION 3. Section 7-5-1, Mississippi Code of 1972, is brought forward as follows:

7-5-1. The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the same time and in the same manner as the Governor is elected. His term of office shall be four (4) years and his compensation shall be fixed by the Legislature. He shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. No arm or agency of the state government shall bring or defend a suit against another arm or agency without prior written approval of the Attorney General. He shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest. He shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.

SECTION 4. This act shall take effect and be in force from and after July 1, 2023.