Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2728
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. This act shall be known and may be cited as the "Mississippi Chancery Youth Court Act of 2026."
SECTION 2. Section 43-21-103, Mississippi Code of 1972, is amended as follows:
43-21-103. (1) This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable and productive citizen, and that each such child shall receive such care, guidance and control, preferably in such child's own home as is conducive toward that end and is in the state's and the child's best interest. It is the public policy of this state that the parents of each child shall be primarily responsible for the care, support, education and welfare of such children; however, when it is necessary that a child be removed from the control of such child's parents, the youth court shall secure proper care for such child.
(2) (a) The Legislature recognizes and endorses the Uniform Rules of Youth Court Practice. A youth court judge shall seek to harmonize the provisions of the Youth Court Law with the Uniform Rules of Youth Court Practice in a manner that prioritizes and promotes the best interests of the child.
(b) If a conflict between the Uniform Rules of Youth Court Practice and a provision of this act amending the Youth Court Law cannot be harmonized, this act shall control.
SECTION 3. Section 43-21-105, Mississippi Code of 1972, is amended as follows:
43-21-105. The following words and phrases, for purposes of this chapter, shall have the meanings ascribed herein unless the context clearly otherwise requires:
(a) "Youth court" means the youth court division as provided in Section 43-21-107.
(b) "Judge" means the judge of the youth court division as provided in Section 43-21-107. The term includes a person appointed as a family master under Section 9-5-255
(c) [Until January 1, 2028, this paragraph (c) shall read as follows:] "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services or the Mississippi Department of Child Protection Services to be his designee.
(c) "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services or the Mississippi Department of Child Protection Services to be his designee.
(d) "Child" and "youth" are synonymous, and each means a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
(e) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted.
(f) "Guardian" means a court-appointed guardian of the person of a child.
(g) "Custodian" means any person having the present care or custody of a child whether such person be a parent or otherwise.
(h) "Legal custodian" means a court-appointed custodian of the child.
(i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act.
(j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior.
(k) "Child in need of supervision" means a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
(i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
(ii) While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or
(iii) Runs away from home without good cause; or
(iv) Has committed a delinquent act or acts and is under ten (10) years of age.
(l) "Neglected child" means a child:
(i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or
(ii) Who is otherwise without proper care, custody, supervision or support; or
(iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or
(iv) Who is not provided by the child's parent, guardian or custodian, with food, clothing, or shelter necessary to sustain the life or health of the child, excluding such failure caused primarily by financial inability unless relief services have been offered and refused and the child is in imminent risk of harm.
(m) "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section. "Abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.
(n) "Sexual abuse" means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened.
(o) "A child in need of special care" means a child with any mental or physical illness that cannot be treated with the dispositional alternatives ordinarily available to the youth court.
(p) A "dependent child" means any child who is not a child in need of supervision, a delinquent child, an abused child or a neglected child, and which child has been voluntarily placed in the custody of the Department of Child Protection Services by his parent, guardian or custodian.
(q) "Custody" means the physical possession of the child by any person.
(r) "Legal custody" means the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person.
(s) "Detention" means the care of children in physically restrictive facilities.
(t) "Shelter" means care of children in physically nonrestrictive facilities.
(u) "Records involving children" means any of the following from which the child can be identified:
(i) All youth court records as defined in Section 43-21-251;
(ii) All forensic interviews conducted by a child advocacy center in abuse and neglect investigations;
(iii) All law enforcement records as defined in Section 43-21-255;
(iv) All agency records as defined in Section 43-21-257; and
(v) All other documents maintained by any representative of the state, county, municipality or other public agency insofar as they relate to the apprehension, custody, adjudication or disposition of a child who is the subject of a youth court cause.
(v) "Any person responsible for care or support" means the person who is providing for the child at a given time. This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services or the Department of Child Protection Services.
(w) The singular includes the plural, the plural the singular and the masculine the feminine when consistent with the intent of this chapter.
(x) "Out-of-home" setting means the temporary supervision or care of children by the staff of licensed day care centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
(y) "Durable legal custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties as enumerated are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children.
(z) "Status offense" means conduct subject to adjudication by the youth court that would not be a crime if committed by an adult.
(aa) "Financially able" means a parent or child who is ineligible for a court-appointed attorney.
(bb) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological or psychiatric evaluation, records review, clinical interview or the administration of a formal test and instrument.
(cc) "Screening" means a process, with or without the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment.
(dd) "Durable legal relative guardianship" means the legal status created by a youth court order that conveys the physical and legal custody of a child or children by durable legal guardianship to a relative or fictive kin who is licensed as a foster or resource parent.
(ee) "Relative" means a person related to the child by affinity or consanguinity within the third degree.
(ff) "Fictive kin" means a person not related to the child legally or biologically but who is considered a relative due to a significant, familial-like and ongoing relationship with the child and family, including adults related beyond the third degree, godparents, friends of the family, or other adults who have a strong familial bond with the child.
(gg) "Reasonable efforts" means the exercise of reasonable care and due diligence by the Department of Human Services, the Department of Child Protection Services, or any other appropriate entity or person to use services appropriate to the child's background, accessible, and available to meet the individualized needs of the child and child's family to prevent removal and reunify the family as soon as safely possible consistent with the best interests of the child. Reasonable efforts must be made in collaboration with the family and must address the individualized needs of the family that brought the child to the attention of the Department of Child Protection Services and must not consist of required services that are not related to the family's needs.
(hh) "Commercial sexual exploitation" means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
(ii) "Intake officer" means an individual appointed by the Administrative Office of Courts or responsible for receiving referrals and presenting initial determinations to the intake unit.
(jj) "Intake unit" means the intake officer appointed by the Administrative Office of Courts and other youth court personnel designated by the youth court to consider the initial determination of the intake officer and make an intake recommendation to the youth court.
(kk) "Pre-petition guardian" means the adult having actual physical custody of the child prior to removal.
(ll) "Diversion" means a decision made by an individual with authority that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing or referring the juvenile or child to an individually designed program or activity provided by governmental entities or nongovernmental entities. The goal of diversion shall be to prevent further involvement of the juvenile or child in the formal legal system.
(mm) "Data management system" means the uniform youth court data management system designated by the Administrative Office of Courts under Section 9-21-9(1)(d).
(nn) "Youth court prosecutor" means the county prosecuting attorney.
SECTION 4. Section 43-21-107, Mississippi Code of 1972, is amended as follows:
43-21-107. (1) A youth court division is hereby created as a division of the county court of each county now or hereafter having a county court, and the county judge shall be the judge of the youth court unless another judge is named by the county judge as provided by this chapter.
(2) A youth court division is hereby created as a division of the chancery court of each county in which no county court is maintained and any chancellor within a chancery court district shall be the judge of the youth court of that county within such chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.
* * *
SECTION 5. Section 43-21-115, Mississippi Code of 1972, is brought forward as follows:
43-21-115. In every youth court division the judge shall appoint as provided in Section 43-21-123 one or more persons to function as the intake unit for the youth court division. The youth court intake unit shall perform all duties specified by this chapter. If the person serving as the youth court intake unit is not already a salaried public employee, the salary for such person shall be fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county or municipality, as the case may be, out of any available funds budgeted for the youth court by the board of supervisors.
SECTION 6. Section 43-21-117, Mississippi Code of 1972, is brought forward as follows:
43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.
(2) The county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor; provided that the district attorney may participate in transfer proceedings.
(3) The judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors, unless the designated youth court prosecutor or prosecutors serves in a municipal youth court division, in which case he shall be paid a fee or salary fixed on order of the judge from the funds available to the municipality.
(4) All youth court prosecutors and county prosecuting attorneys who serve as youth court prosecutors shall be required to receive juvenile justice training approved by the Mississippi Attorney General's office and regular annual continuing education in the field of juvenile justice. The Mississippi Attorney General's office shall determine the amount of juvenile justice training and annual continuing education which shall be satisfactory to fulfill the requirements of this subsection. The Administrative Office of Courts shall maintain a roll of youth court prosecutors, shall enforce the provisions of this subsection and shall maintain records on all such youth court prosecutors regarding such training. Should a youth court prosecutor miss two (2) consecutive training sessions sponsored by the Mississippi Attorney General's office as required by this subsection or fail to attend one (1) such training session within six (6) months of their designation as youth court prosecutor, the youth court prosecutor shall be disqualified to serve and be immediately removed from the office of youth court prosecutor and another youth court prosecutor shall be designated.
SECTION 7. Section 43-21-119, Mississippi Code of 1972, is brought forward as follows:
43-21-119. The judge or his designee shall appoint as provided in Section 43-21-123 sufficient personnel, responsible to and under the control of the youth court, to carry on the professional, clerical and other work of the youth court. The cost of these persons appointed by the youth court shall be paid as provided in Section 43-21-123 out of any available funds budgeted for the youth court by the board of supervisors.
43-21-119. The judge or his designee shall appoint as provided in Section 43-21-123 sufficient personnel, responsible to and under the control of the youth court, to carry on the professional, clerical and other work of the youth court. The cost of these persons appointed by the youth court shall be paid as provided in Section 43-21-123 out of any available funds budgeted for the youth court by the board of supervisors.
SECTION 8. Section 43-21-121, Mississippi Code of 1972, is brought forward as follows:
43-21-121. (1) The youth court shall appoint a guardian ad litem for the child:
(a) When a child has no parent, guardian or custodian;
(b) When the youth court cannot acquire personal jurisdiction over a parent, a guardian or a custodian;
(c) When the parent is a minor or a person of unsound mind;
(d) When the parent is indifferent to the interest of the child or if the interests of the child and the parent, considered in the context of the cause, appear to conflict;
(e) In every case involving an abused or neglected child which results in a judicial proceeding; or
(f) In any other instance where the youth court finds appointment of a guardian ad litem to be in the best interest of the child.
(2) The guardian ad litem shall be appointed by the court when custody is ordered or at the first judicial hearing regarding the case, whichever occurs first.
(3) In addition to all other duties required by law, a guardian ad litem shall have the duty to protect the interest of a child for whom he has been appointed guardian ad litem. The guardian ad litem shall investigate, make recommendations to the court or enter reports as necessary to hold paramount the child's best interest. The guardian ad litem is not an adversary party and the court shall ensure that guardians ad litem perform their duties properly and in the best interest of their wards. The guardian ad litem shall be a competent person who has no adverse interest to the minor. The court shall ensure that the guardian ad litem is adequately instructed on the proper performance of his duties.
(4) The court, including a county court serving as a youth court, may appoint either a suitable attorney or a suitable layman as guardian ad litem. In cases where the court appoints a layman as guardian ad litem, the court shall also appoint an attorney to represent the child. From and after January 1, 1999, in order to be eligible for an appointment as a guardian ad litem, such attorney or layperson must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately preceding such appointment. The Mississippi Judicial College shall determine the amount of child protection and juvenile justice training which shall be satisfactory to fulfill the requirements of this section. The Administrative Office of Courts shall maintain a roll of all attorneys and laymen eligible to be appointed as a guardian ad litem under this section and shall enforce the provisions of this subsection.
(5) Upon appointment of a guardian ad litem, the youth court shall continue any pending proceedings for a reasonable time to allow the guardian ad litem to familiarize himself with the matter, consult with counsel and prepare his participation in the cause. The youth court shall issue an order of assignment that grants the guardian ad litem authority to review all relevant documents concerning the minor child and to interview all parties and witnesses involved in proceedings concerning the minor child for whom the guardian ad litem is appointed.
(6) Upon order of the youth court, the guardian ad litem shall be paid a reasonable fee as determined by the youth court judge or referee out of the county general fund as provided under Section 43-21-123. To be eligible for such fee, the guardian ad litem shall submit an accounting of the time spent in performance of his duties to the court.
(7) (a) The court, in its sound discretion, may appoint a volunteer trained layperson to assist children subject to the provisions of this section in addition to the appointment of a guardian ad litem. If the court utilizes his or her discretion as prescribed under this subsection, a volunteer Court-Appointed Special Advocate (CASA) shall be appointed from a program that supervises the volunteer and meets all state and national CASA standards to advocate for the best interests of children in abuse and neglect proceedings. To accomplish the assignment of a CASA volunteer, the court shall issue an order of assignment that shall grant the CASA volunteer the authority, equal to that of the guardian ad litem, to review all relevant documents and to interview all parties and witnesses involved in the proceeding in which he or she is appointed. Except as otherwise ordered by the court, the assignment of a CASA volunteer for a child shall include subsequent proceedings through permanent placement of the child.
(b) Before assigning a CASA volunteer as prescribed under this subsection, the youth court judge shall determine if the volunteer has sufficient qualifications, training and ability to serve as a CASA volunteer, including his or her ability to represent and advocate for the best interests of children assigned to him or her. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.
All CASA volunteers shall:
(i) Be sworn in by a judge of the court;
(ii) Swear or affirm to abide by all laws, regulations, and orders of the court;
(iii) Swear or affirm to advocate what he or she perceives to be in the best interests of the child for whom he or she is assigned in all matters pending before the court;
(iv) Provide independent, factual information to the court regarding the children and cases to which they are assigned;
(v) Advocate on behalf of the children involved in the cases to which they are assigned what they perceive to be in the best interests of the children; and
(vi) Monitor proceedings in cases to which they have been assigned and advise and assist the court in its determination of the best interests of the children involved.
(c) Regarding any case to which a CASA volunteer has been assigned, the CASA volunteer:
(i) Shall be notified by the court of all court proceedings and hearings of any kind pertaining to the child;
(ii) Shall be notified by the Department of Child Protection Services of all administrative review hearings;
(iii) Shall be entitled to attend all court proceedings and hearings of any kind pertaining to the child;
(iv) May be called as a witness in the proceedings by any party or by the court and may request of the court the opportunity to appear as a witness; and
(v) Shall be given access to all portions of the court record relating to proceedings pertaining to the child and the child's family.
(d) Upon application to the court and notice to all parties, the court shall grant the CASA volunteer access to other information, including the department records as provided in Section 43-21-261, relating to the child and the child's family and to other matters involved in the proceeding in which he or she is appointed. All records and information requested or reviewed by the CASA volunteer in the course of his or her assignment shall be deemed confidential and shall not be disclosed by him except pursuant to court order. All records and information shall only be disclosed as directed by court order and shall be disclosed as directed by court order and shall be subject to whatever protective order the court deems appropriate.
SECTION 9. Section 43-21-123, Mississippi Code of 1972, is brought forward as follows:
43-21-123. Except for expenses provided by state funds and/or other monies, the board of supervisors, or the municipal governing board, where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county or family courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.
The board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.
SECTION 10. 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) 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.
( * * *7) 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.
( * * *8) 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.
( * * *9) 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.
( * * *10) 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 11. The following shall be codified as Section 43-21-204, Mississippi Code of 1972:
43-21-204. (1) As used in this section, the term "youth court proceeding" or "proceeding" means a court proceeding stemming from a petition alleging that a child is an abused, neglected, dependent, in need of supervision, or delinquent child.
(2) The general public shall be admitted to any hearing in a youth court proceeding, including, but not limited to, any adjudicatory hearing or any dispositional hearing except as otherwise provided in subsection (3) of this section.
(3) (a) The court may close a youth court hearing only after a finding on the record and issuance of a signed order stating the reason or reasons for closing all or part of a hearing in a youth court proceeding. The order closing a hearing in a youth court proceeding shall state that the decision to close all or part of the hearing is because:
(i) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense; or
(ii) It is in the best interests of the child.
(b) In making such a determination, the court shall consider such factors as:
(i) The age of the child alleged or adjudicated;
(ii) The nature of the allegations;
(iii) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and
(iv) Whether the closure is necessary to protect the privacy of a child, of a parent or foster parent or other caretaker of a child, or of a victim of domestic violence.
(4) The court may close a hearing under subsection (3) of this section or exclude a person from a hearing under subsection (6) of this section in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of the child who is the subject of the proceeding or the child's attorney or guardian ad litem, after a finding on the record and issuance of a signed order.
(5) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded. Notwithstanding this subsection, when the conduct alleged in the proceeding could give rise to a criminal prosecution or delinquent-act adjudication, attorneys for the prosecution and the defense shall be admitted.
(6) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuance of a signed order that the person's presence at the hearing would:
(1) Be detrimental to the best interests of the child who is a party to the proceeding;
(2) Impair the fact-finding process; or
(3) Be otherwise contrary to the interest of justice.
(7) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing.
(8) The judge may order the media not to release identifying information concerning any child, family member, foster parent or other caretaker of a child involved in public or closed hearings.
SECTION 12. Section 43-21-251, Mississippi Code of 1972, is amended 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, * * * issuance and
return of process, and a reference by the minute book and page to all orders
made therein. * * *
(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) Any and all other papers in a cause.
( * * *d) 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.
( * * *e) A minute book in which the clerk
shall record all the orders of the youth court.
( * * *f) Proceedings of the youth court and
evidence.
( * * *g) 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 13. Section 43-21-257, Mississippi Code of 1972, is amended as follows:
43-21-257. (1) Unless otherwise provided in this section, any record involving children, including valid and invalid complaints, and the contents thereof maintained by the Department of Human Services or the Department of Child Protection Services, or any other state agency, shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.
* * *
( * * *2) The Department of Child Protection
Services shall maintain a state central registry on neglect and abuse cases
containing (a) the name, address and age of each child, (b) the nature of the
harm reported, (c) the name and address of the person responsible for the care
of the child, and (d) the name and address of the substantiated perpetrator of
the harm reported. "Substantiated perpetrator" shall be defined as
an individual who has committed an act(s) of sexual abuse or physical abuse
that would otherwise be deemed as a felony or any child neglect that would be
deemed as a threat to life. A name is to be added to the registry only based
upon a criminal conviction or an adjudication by a youth court judge or court
of competent jurisdiction, ordering that the name of the perpetrator be listed
on the central registry. The central registry shall be confidential and shall
not be open to public inspection. * * * The Department of Child Protection
Services and its employees are exempt from any civil liability as a result of
any action taken pursuant to the compilation or release of information on the
central registry under this section and any other applicable section of this
code, unless determined that an employee has willfully and maliciously violated
the rules and administrative procedures of the department pertaining to the
central registry or any section of this code. If an employee is determined to
have willfully and maliciously performed such a violation, said employee shall
not be exempt from civil liability in this regard. The Department of Child
Protection Services shall seek a court order to place a
perpetrator on the registry in every case in which the agency is involved and
in which the court substantiates abuse or neglect. In delinquency cases,
the youth court prosecutor shall seek an order placing a substantiated
perpetrator on the registry.
(4) The Mississippi State Department of Health may release the findings of investigations into allegations of abuse within licensed day care centers made under the provisions of Section 43-21-353(8) to any parent of a child who is enrolled in the day care center at the time of the alleged abuse or at the time the request for information is made. The findings of any such investigation may also be released to parents who are considering placing children in the day care center. No information concerning those investigations may contain the names or identifying information of individual children.
The Department of Health shall not be held civilly liable for the release of information on any findings, recommendations or actions taken pursuant to investigations of abuse that have been conducted under Section 43-21-353(8).
SECTION 14. Section 43-21-261, Mississippi Code of 1972, is amended as follows:
43-21-261. (1)
Except as otherwise provided in this section, records involving children shall
not be disclosed, other than to * * * the following persons:
(a) The judge of another youth court or member of another youth court staff;
(b) Parties and their attorneys;
(c) Necessary staff or officials of the youth court;
(d) A guardian ad litem appointed to a child by the court;
(e) A Court-Appointed Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or neglect case;
( * * *f) The court of the parties in a child
custody or adoption cause in another court;
( * * *g) A judge of any other court or
members of another court staff, including the chancery court that ordered a
forensic interview;
( * * *h) Representatives of a public or
private agency providing supervision or having custody of the child under order
of the youth court;
( * * *i) Any person engaged in a bona fide
research purpose, provided that no information identifying the subject of the
records shall be made available to the researcher unless it is absolutely
essential to the research purpose and the judge gives prior written approval,
and the child, through his or her representative, gives permission to release
the information;
( * * *j) The Mississippi Department of
Employment Security, or its duly authorized representatives, for the purpose of
a child's enrollment into the Job Corps Training Program as authorized by Title
IV of the Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et
seq.). However, no records, reports, investigations or information derived
therefrom pertaining to child abuse or neglect shall be disclosed;
( * * *k) Any person pursuant to a finding by
a judge of the youth court of compelling circumstances affecting the health,
safety or well-being of a child and that such disclosure is in the best
interests of the child or an adult who was formerly the subject of a youth
court delinquency proceeding;
( * * *l) A person who was the subject of a
knowingly made false allegation of child abuse or neglect which has resulted in
a conviction of a perpetrator in accordance with Section 97-35-47 or which
allegation was referred by the Department of Child Protection Services to a
prosecutor or law enforcement official in accordance with the provisions of
Section 43-21-353(4) * * *;
(m) The Office of Community Services within the Department of Human Services for the purposes described in Section 43-27-20(d); or
(n) A district attorney.
Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify the child or his address unless the information involves a child convicted as an adult.
(2) Any records involving
children which are disclosed * * * pursuant
to the terms of this section and the contents thereof shall be kept
confidential by the person or agency to whom the record is disclosed * * *. Any
further disclosure of any records involving children shall be made only under
an order of the youth court as provided in this section.
(3) * * * The parent, guardian or
custodian of the child who is the subject of a youth court cause or any
attorney for such parent, guardian or custodian, shall have the right to
inspect and copy any record, report or investigation relevant to a
matter to be heard by a youth court, except that the identity of the reporter
shall not be released, nor the name of any other person where the person or
agency making the information available finds that disclosure of the
information would be likely to endanger the life or safety of such person. The
attorney for the parent, guardian or custodian of the child, upon request,
shall be provided a copy of any record, report or investigation relevant to a
matter to be heard by a youth court, but the identity of the reporter must be
redacted and the name of any other person must also be redacted if the person
or agency making the information available finds that disclosure of the
information would be likely to endanger the life, safety or well-being of the
person. A record provided to the attorney under this section must remain in
the attorney's control and the attorney may not provide copies or access to
another person or entity without prior consent of a court with appropriate
jurisdiction.
* * *
( * * *4) (a) * * * [Deleted]
(b) The Department of Child Protection Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Child Protection Services to the county prosecuting attorney or district attorney for criminal prosecution.
(c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction.
(d) Records involving
children shall be disclosed to the Division of Victim Compensation of the
Office of the Attorney General upon the division's request * * * for purposes
of determination of eligibility for victim compensation benefits.
( * * *5) Information concerning an
investigation into a report of child abuse or child neglect may be disclosed by
the Department of Child Protection Services * * * to any
attorney, physician, dentist, intern, resident, nurse, psychologist, social
worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer, or a public or private school
employee making that report pursuant to Section 43-21-353(1) if the reporter
has a continuing professional relationship with the child and a need for such
information in order to protect or treat the child.
( * * *6) Information concerning an
investigation into a report of child abuse or child neglect may be disclosed * * * to
any interagency child abuse task force established in any county or
municipality by order of the youth court of that county or municipality.
* * *
( * * *7) The victim of an offense committed
by a child who is the subject of a youth court cause shall have the right to be
informed of the child's disposition by the youth court.
( * * *8) A classification hearing officer
of the State Department of Corrections, as provided in Section 47-5-103, shall
have the right to inspect any youth court records, excluding abuse and neglect
records, of any offender in the custody of the department who as a child or
minor was a juvenile offender or was the subject of a youth court cause of
action, and the State Parole Board, as provided in Section 47-7-17, shall have
the right to inspect such records when the offender becomes eligible for
parole.
( * * *9) The youth court shall notify the
Department of Public Safety of the name, and any other identifying information
such department may require, of any child who is adjudicated delinquent as a
result of a violation of the Uniform Controlled Substances Law.
( * * *10) The Administrative Office of
Courts shall have the right to inspect any youth court records * * *.
( * * *11) Upon a request by a youth court,
the Administrative Office of Courts shall disclose all information at its
disposal concerning any previous youth court intakes alleging that a child was
a delinquent child, child in need of supervision, child in need of special
care, truant child, abused child or neglected child, as well as any previous
youth court adjudications for the same and all dispositional information
concerning a child who at the time of such request comes under the jurisdiction
of the youth court making such request.
( * * *12) The Administrative Office of
Courts may, in its discretion, disclose to the Department of Public Safety any
or all of the information involving children contained in the * * * uniform youth court data
management system * * * designated by the office under Section 9-21-9(1)(d).
( * * *13) The youth courts of the state
shall disclose to the Joint Legislative Committee on Performance Evaluation and
Expenditure Review (PEER) any youth court records 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 system, and
to utilize tracking forms for such purpose. The disclosure prescribed in this
subsection shall not require a court order and shall be made in sortable,
electronic format where possible. The PEER Committee may seek the assistance
of the Administrative Office of Courts in seeking this information. The PEER
Committee shall not disclose the identities of any youth who have been
adjudicated in the youth courts of the state and shall only use the disclosed
information for the purpose of monitoring the effectiveness and efficiency of
programs established to assist adjudicated youth, and to ascertain the
incidence of adjudicated youth who become adult offenders.
* * *
( * * *14) Any member of a foster care
review board designated by the Department of Child Protection Services shall
have the right to inspect youth court records relating to the abuse, neglect or
child in need of supervision cases assigned to such member for review.
( * * *15) Information concerning an
investigation into a report of child abuse or child neglect may be disclosed * * * in
any administrative or due process hearing held, pursuant to Section 43-21-257,
by the Department of Child Protection Services for individuals whose names will
be placed on the central registry as substantiated perpetrators.
( * * *16) The Department of Child
Protection Services may disclose records involving children to the following:
(a) A foster home, residential child-caring agency or child-placing agency to the extent necessary to provide such care and services to a child;
(b) An individual, agency or organization that provides services to a child or the child's family in furtherance of the child's permanency plan to the extent necessary in providing those services;
(c) Health and mental health care providers of a child to the extent necessary for the provider to properly treat and care for the child;
(d) An educational institution or educational services provider where the child is enrolled or where enrollment is anticipated to the extent necessary for the school to provide appropriate services to the child;
(e) Any state agency or board that administers student financial assistance programs. However, any records request under this paragraph shall be initiated by the agency or board for the purpose determining the child's eligibility for student financial assistance, and any disclosure shall be limited to the verification of the child's age during the period of time in which the child was in the department's legal custody; and
(f) Any other state agency if the disclosure is necessary to the department in fulfilling its statutory responsibilities in protecting the best interests of the child.
* * *
( * * *17) The provisions of this section
shall stand repealed on July 1, * * * 2029.
SECTION 15. Section 43-21-263, Mississippi Code of 1972, is amended as follows:
43-21-263. (1) The youth court may order the sealing of records involving children:
(a) if the child who was the subject of the cause has attained twenty (20) years of age;
(b) if the youth court dismisses the cause; or
(c) if the youth court sets aside an adjudication in the cause.
(2)
The youth court may * * * upon its own motion or upon application of a party to a
youth court cause and after a hearing on the record where specific findings
and conclusions are entered on the record, order the sealing * * *, unsealing, or expungement of
the records involving children.
SECTION 16. Section 43-21-267, Mississippi Code of 1972, which creates a criminal penalty for the disclosure of certain records, is hereby repealed.
SECTION 17. Section 43-21-305, Mississippi Code of 1972, which authorizes a law enforcement officer to stop and question certain children in public, is hereby repealed.
SECTION 18. Section 43-21-307, Mississippi Code of 1972, is brought forward as follows:
43-21-307. The judge or his designee may authorize the temporary custody of a child taken into custody for a period of not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays if the judge or his designee finds there are grounds to issue a custody order as defined in Section 43-21-301 and such custody order complies with the detention requirements provided in Section 43-21-301(6).
SECTION 19. Section 43-21-311, Mississippi Code of 1972, is brought forward as follows:
43-21-311. (1) When a child is taken into custody, he shall immediately be informed of:
(a) The reason for his custody;
(b) The time within which review of the custody shall be held;
(c) His rights during custody including his right to counsel;
(d) All rules and regulations of the place at which he is held;
(e) The time and place of the detention hearing when the time and place is set; and
(f) The conditions of his custody which shall be in compliance with the detention requirements provided in Section 43-21-301(6).
These rights shall be posted where the child may read them, and such rights must be read to the child when he or she is taken into custody.
(2) When a child is taken into custody, the child may immediately telephone his parent, guardian or custodian; his counsel; and personnel of the youth court. Thereafter, he shall be allowed to telephone his counsel or any personnel of the youth court at reasonable intervals. Unless the judge or his designee finds that it is against the best interest of the child, he may telephone his parent, guardian or custodian at reasonable intervals.
(3) When a child is taken into custody, the child may be visited by his counsel and authorized personnel of the youth court at any time. Unless the judge or his designee finds it to be against the best interest of the child, he may be visited by his parent, guardian or custodian during visiting hours which shall be regularly scheduled at least three (3) days per week. The youth court may establish rules permitting visits by other persons.
(4) Except for the child's counsel, guardian ad litem and authorized personnel of the youth court, no person shall interview or interrogate a child held in a detention or shelter facility unless approval therefor has first been obtained from the judge or his designee. When a child in a detention or shelter facility is represented by counsel or has a guardian ad litem, no person may interview or interrogate the child concerning the violation of a state or federal law, or municipal or county ordinance by the child unless in the presence of his counsel or guardian ad litem or with their consent.
SECTION 20. Section 43-21-351, Mississippi Code of 1972, is amended as follows:
43-21-351. (1) Any person
or agency having knowledge that a child residing or being within the county is
within the jurisdiction of the youth court may make a written report to the
intake * * * officer alleging facts sufficient
to establish the jurisdiction of the youth court. Delinquency reports shall
include either a law enforcement report or a sworn
affidavit. The report shall bear a permanent number that will be
assigned by the court in accordance with the standards established by the
Administrative Office of Courts pursuant to Section 9-21-9(d), and shall be
preserved until destroyed on order of the court.
(2) There shall be in each
youth court of the state an intake officer who shall be responsible for the
accurate and timely entering of all intake and case information into the * * * uniform
youth court * * * data management
system * * *
designated by the Administrative Office of Courts under Section 9-21-9(1)(d)
for * * * all youth
court matters.
(3) Each intake officer
shall receive, at a minimum, * * * twelve
(12) hours of annual intake training * * * provided by the * * * Administrative Office of Courts on the
uniform youth court data management system designated by the officer under
Section 9-21-9(1)(d).
(4) The Mississippi
Judicial College * * * shall * * * make
available training materials on * * *
the data management system.
(5) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 21. Section 43-21-353, Mississippi Code of 1972, is brought forward as follows:
43-21-353. (1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child, an abused child, or a victim of commercial sexual exploitation or human trafficking shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services, and immediately a referral shall be made by the Department of Child Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357. In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of Child Protection Services shall inform the individual of the specific complaints or allegations made against the individual. Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed at that point. Where appropriate, the Department of Child Protection Services shall additionally make a referral to the youth court prosecutor.
Upon receiving a report that a child has been sexually abused, is a victim of commercial sexual exploitation or human trafficking or has been burned, tortured, mutilated or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a felony under state or federal law, the Department of Child Protection Services shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred. Within forty-eight (48) hours, the department must notify the appropriate prosecutor and the Statewide Human Trafficking Coordinator. The department shall have the duty to provide the law enforcement agency all the names and facts known at the time of the report; this duty shall be of a continuing nature. The law enforcement agency and the department shall investigate the reported abuse immediately and shall file a preliminary report with the appropriate prosecutor's office within twenty-four (24) hours and shall make additional reports as new or additional information or evidence becomes available. The department shall advise the clerk of the youth court and the youth court prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as information becomes available. In addition, if the Department of Child Protection Services determines that a parent or other person responsible for the care or welfare of an abused or neglected child maintains active duty status within the military, the department shall notify the applicable military installation family advocacy program that there is an allegation of abuse or neglect that relates to that child.
(2) Any report shall contain the names and addresses of the child and his parents or other persons responsible for his care, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, any other information that might be helpful in establishing the cause of the injury, and the identity of the perpetrator.
(3) The Department of Child Protection Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse, commercial sexual exploitation or human trafficking; provided that any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer or public or private school employee who is required to report under subsection (1) of this section shall report in the manner required in subsection (1).
(4) Reports of abuse, neglect and commercial sexual exploitation or human trafficking made under this chapter and the identity of the reporter are confidential except when the court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor pursuant to subsection (1). Reports made under this section to any law enforcement agency or prosecutorial officer are for the purpose of criminal investigation and prosecution only and no information from these reports may be released to the public except as provided by Section 43-21-261. Disclosure of any information by the prosecutor shall be according to the Mississippi Uniform Rules of Circuit and County Court Procedure. The identity of the reporting party shall not be disclosed to anyone other than law enforcement officers or prosecutors without an order from the appropriate youth court. Any person disclosing any reports made under this section in a manner not expressly provided for in this section or Section 43-21-261 shall be guilty of a misdemeanor and subject to the penalties prescribed by Section 43-21-267. Notwithstanding the confidentiality of the reporter's identity under this section, the Department of Child Protection Services may disclose a reporter's identity to the appropriate law enforcement agency or prosecutor if the department has reason to suspect the reporter has made a fraudulent report, and the Department of Child Protection Services must provide to the subject of the alleged fraudulent report written notification of the disclosure.
(5) All final dispositions of law enforcement investigations described in subsection (1) of this section shall be determined only by the appropriate prosecutor or court. All final dispositions of investigations by the Department of Child Protection Services as described in subsection (1) of this section shall be determined only by the youth court. Reports made under subsection (1) of this section by the Department of Child Protection Services to the law enforcement agency and to the district attorney's office shall include the following, if known to the department:
(a) The name and address of the child;
(b) The names and addresses of the parents;
(c) The name and address of the suspected perpetrator;
(d) The names and addresses of all witnesses, including the reporting party if a material witness to the abuse;
(e) A brief statement of the facts indicating that the child has been abused, including whether the child experienced commercial sexual exploitation or human trafficking, and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case; and
(f) What, if any, action is being taken by the Department of Child Protection Services.
(6) In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(l) or (m), the Department of Child Protection Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.
(7) Anyone who willfully violates any provision of this section shall be, upon being found guilty, punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year, or both.
(8) If a report is made directly to the Department of Child Protection Services that a child has been abused or neglected or experienced commercial sexual exploitation or human trafficking in an out-of-home setting, a referral shall be made immediately to the law enforcement agency in whose jurisdiction the abuse occurred and the department shall notify the district attorney's office and the Statewide Human Trafficking Coordinator within forty-eight (48) hours of such report. The Department of Child Protection Services shall investigate the out-of-home setting report of abuse or neglect to determine whether the child who is the subject of the report, or other children in the same environment, comes within the jurisdiction of the youth court and shall report to the youth court the department's findings and recommendation as to whether the child who is the subject of the report or other children in the same environment require the protection of the youth court. The law enforcement agency shall investigate the reported abuse immediately and shall file a preliminary report with the district attorney's office within forty-eight (48) hours and shall make additional reports as new information or evidence becomes available. If the out-of-home setting is a licensed facility, an additional referral shall be made by the Department of Child Protection Services to the licensing agency. The licensing agency shall investigate the report and shall provide the department, the law enforcement agency and the district attorney's office with their written findings from such investigation as well as that licensing agency's recommendations and actions taken.
(9) If a child protective investigation does not result in an out-of-home placement, a child protective investigator must provide information to the parent or guardians about community service programs that provide respite care, counseling and support for children who have experienced commercial sexual exploitation or human trafficking, voluntary guardianship or other support services for families in crisis.
SECTION 22. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357. (1) After
receiving a report, the youth court intake * * * officer
shall promptly make a preliminary inquiry to determine whether the interest of
the child, other children in the same environment or the public requires the
youth court to take further action. As part of the preliminary inquiry, the
youth court intake * * * officer may request * * * that
the youth court * * * order the Department of Child Protection
Services, the Department of Human Services - Division of Youth Services, any
successor agency or any other qualified public employee to make an
investigation or report concerning the child and any other children in the same
environment, and present the findings thereof to the youth court intake * * * officer.
(2) If the youth
court intake * * * officer receives a neglect or abuse
report, the youth court intake * * * officer
shall immediately forward the complaint to the Department of Child Protection
Services to promptly make an investigation or report concerning the child and
any other children in the same environment and promptly present the findings
thereof to the youth court intake * * * officer.
(3) If it appears
from the preliminary inquiry that the child or other children in the same
environment are within the jurisdiction of the court, the youth court intake
unit shall * * * file a written recommendation and, within
fourteen (14) days of receiving a completed referral, give notice to:
(a) The youth court prosecutor in delinquency matters; or
(b) The Mississippi Department of Child Protection Services attorney or the youth court prosecutor in welfare matters.
(4) Within fourteen (14) days after the receipt of notice of the filing of the intake recommendation, the youth court prosecutor, in delinquency matters, shall:
(a) * * * File a case closure notice;
(b) * * * File
a referral to the youth intervention court;
(c) * * * Divert the case for monitoring by
the Department of Child Protection Services * * * by filing notice of the same;
(d) * * * Divert the matter to a diversion program by filing
notice of the same; or
* * *
( * * *e) File a petition.
* * *
(5) Within fourteen (14) days after the receipt of notice of the filing of the intake recommendation, the Department of Child Protection Services or the youth court prosecutor, in welfare matters, shall:
(a) File a case closure notice;
(b) File a referral to the youth intervention court;
(c) Enter a notice of active monitoring by the agency;
(d) Divert the matter to a diversion program by filing notice of the same; or
(e) File a petition.
(6) The case closure notice shall be reviewable by the youth court for thirty (30) days after the entry of the notice on the court's own motion, on motion by the youth court prosecutor, or on motion by the Department of Child Protection Services. Nothing in this section shall affect the timeline relating to the filing of a petition once the youth court has issued a custody order pursuant to Section 43-21-301.
( * * *7) If the preliminary inquiry
discloses that a child needs emergency medical treatment, the judge may order
the necessary treatment.
SECTION 23. Section 43-21-405, Mississippi Code of 1972, is amended as follows:
43-21-405. (1) [Until January 1, 2028, this subsection (1) shall read as follows:] The informal adjustment process shall be initiated with an informal adjustment conference conducted by an informal adjustment counselor appointed by the judge or his designee.
(1) [From and after January 1, 2028, this subsection (1) shall read as follows:] The informal adjustment process shall be initiated with an informal adjustment conference conducted by an informal adjustment counselor appointed by the judge or his designee.
(2) If the child and his parent, guardian or custodian appear at the informal adjustment conference without counsel, the informal adjustment counselor shall, at the commencement of the conference, inform them of their right to counsel, the child's right to appointment of counsel and the right of the child to remain silent. If either the child or his parent, guardian or custodian indicates a desire to be represented by counsel, the informal adjustment counselor shall adjourn the conference to afford an opportunity to secure counsel.
(3) At the beginning of the informal adjustment conference, the informal adjustment counselor shall inform the child and his parent, guardian or custodian:
(a) That information has been received concerning the child which appears to establish jurisdiction of the youth court;
(b) The purpose of the informal adjustment conference;
(c) That during the informal adjustment process no petition will be filed;
(d) That the informal adjustment process is voluntary with the child and his parent, guardian or custodian and that they may withdraw from the informal adjustment at any time; and
(e) The circumstances under which the informal adjustment process can be terminated under Section 43-21-407.
(4) The informal adjustment counselor shall then discuss with the child and his parent, guardian or custodian:
(a) Recommendations for actions or conduct in the interest of the child to correct the conditions of behavior or environment which may exist;
(b) Continuing conferences and contacts with the child and his parent, guardian or custodian by the informal adjustment counselor or other authorized persons; and
(c) The child's general behavior, his home and school environment and other factors bearing upon the proposed informal adjustment.
(5) After the parties have agreed upon the appropriate terms and conditions of informal adjustment, the informal adjustment counselor and the child and his parent, guardian or custodian shall sign a written informal adjustment agreement setting forth the terms and conditions of the informal adjustment. The informal adjustment agreement may be modified at any time upon the consent of all parties to the informal adjustment conference.
(6) [Until January 1, 2028, this subsection shall read as follows:] The informal adjustment process shall not continue beyond a period of six (6) months from its commencement unless extended by the youth court for an additional period not to exceed six (6) months by court authorization prior to the expiration of the original six-month period. In no event shall the custody or supervision of a child which has been placed with the Department of Human Services - Division of Youth Services or the Department of Child Protection Services be continued or extended except upon a written finding by the youth court judge or referee that 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, and that reasonable efforts will continue to be made towards reunification of the family.
(6) [From and after January 1, 2028, this subsection shall read as follows:] The informal adjustment process shall not continue beyond a period of six (6) months from its commencement unless extended by the youth court for an additional period not to exceed six (6) months by court authorization prior to the expiration of the original six-month period. In no event shall the custody or supervision of a child which has been placed with the Department of Human Services - Division of Youth Services or the Department of Child Protection Services be continued or extended except upon a written finding by the youth court judge or referee that 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, and that reasonable efforts will continue to be made towards reunification of the family.
SECTION 24. Section 43-21-407, Mississippi Code of 1972, is amended as follows:
43-21-407. (1) If it appears to the informal adjustment counselor that the child and his parent, guardian or custodian:
(a) Have complied with the terms and conditions of the informal adjustment agreement; and
(b) Have received the maximum benefit from the informal adjustment process, the informal adjustment counselor shall terminate the informal adjustment process and dismiss the child without further proceedings. The informal adjustment counselor shall notify the child and his parent, guardian or custodian in writing of the satisfactory completion of the informal adjustment and report such action to the youth court.
(2) If it appears to the informal adjustment counselor that further efforts at informal adjustment would not be in the best interests of the child or the community, or that the child or his parent, guardian or custodian:
(a) Denies the jurisdiction of the youth court;
(b) Declines to participate in the informal adjustment process;
(c) Expresses a desire that the facts be determined by the youth court;
(d) Fails without reasonable excuse to attend scheduled meetings;
(e) Appears unable or
unwilling to benefit from the informal adjustment process, the informal
adjustment counselor shall terminate the informal adjustment process. If the
informal adjustment process is so terminated, the intake * * * officer
shall reinitiate the intake procedure under Section 43-21-357. Even if the
informal adjustment process has been so terminated, the intake * * * officer
shall not be precluded from reinitiating the informal adjustment process.
SECTION 25. The following shall be codified as Section 43-21-409, Mississippi Code of 1972:
43-21-409. (l) (a) The legislature declares its intent to establish a youth diversion program that integrates restorative justice practices and provides community-based alternatives to the formal court system to: reduce juvenile crime and recidivism, improve positive youth outcomes, change youth offenders' behavior and attitudes, promote youth offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by youth crime, and reduce the costs within the juvenile justice system.
(b) The Legislature recognizes that research has shown that court involvement with youth who are not identified as displaying a risk of harm to others can have a more harmful impact on these youth, and most low-risk youth can grow out of their behavior and stop reoffending without intervention from the juvenile justice system.
(c) The Legislature declares that the goals of the youth diversion program are to:
(i) Prevent further involvement of youth in the formal legal system;
(ii) Consider youth who demonstrate behaviors or symptoms consistent with intellectual and developmental disabilities, mental or behavioral health issues or lack of mental capacity, and divert those youth out of the juvenile justice system and refer them to a community treatment program;
(iii) Provide eligible youth with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the youth's assessed level of risk of reoffending;
(iv) Serve the best interest of the youth while emphasizing acceptance of responsibility and repairing any harm caused to victims and the community;
(v) Reduce recidivism and improve positive outcomes for each youth through the provision of services, if warranted, that address the youth's specific needs and are proven effective; and
(vi) Ensure appropriate services are available for all eligible youth.
(2) For purposes of this section:
(a) "Director" means the executive director of the Department of Human Services.
(b) "Division" means the Division of Youth Services of the Department of Human Services.
(d) "Services" may include, but are not limited to, provision of diagnostic needs assessments, general counseling and counseling during a crisis situation, behavioral health services, services for youth with developmental disabilities, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities.
(3) (a) The division may establish and administer a youth diversion program that seeks to divert youth from the youth justice system and integrate restorative justice practices.
(b) To effectuate the program, the division shall allocate money within each youth court district and may contract with governmental units and nongovernmental agencies for reasonable and necessary expenses and services to serve each youth court district to divert youth and provide services, if warranted, for each eligible youth through community-based programs, which shall provide an alternative to entry into the formal legal system.
(c) A youth's entry into the youth diversion program shall be initiated by the filing of a petition pursuant to the rules established in Section 43-21-451.
(4) The intake officer shall:
(a) On and after January 1, 2027, conduct a risk screening using a risk screening tool approved by the Administrative Office of Courts for all youth currently referred to the youth court and referred in the future to the youth court, including referrals for alleged violations of the compulsory school attendance law, unless:
(i) The youth is committed or on probation;
(ii) An attempt has already been made to divert the youth; or
(iii) The prosecuting attorney:
1. Declines to file a petition;
2. Dismisses the case; or
3. Charges the youth with an offense within the exclusive jurisdiction of the circuit court;
(b) Use the results of the risk screening to inform eligibility for participation in a youth diversion program and the level and intensity of supervision deemed necessary for youth diversion;
(c) Consider the use of diversion to prevent a youth who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings;
(d) Consider all available alternatives, including, but not limited to, a referral to the State Department of Mental Health, or a collaborative management program in lieu of adjudication in a case in which a youth demonstrates behaviors or symptoms that indicate that the youth cannot understand or participate in diversion and where it is likely that a youth would be found incompetent and unlikely to be restored in the foreseeable future;
(e) Recommend diversion of the case to the division if the screening indicates diversion is appropriate;
(f) Disclose the results of the risk screening to the youth and the youth's family or guardian;
(g) Collect data pursuant to subsection (9) of this section; and
(h) Establish and make public any eligibility criteria for participation in a youth diversion program and use the results of the risk screening to make decisions on eligibility criteria.
(5) An intake officer shall not deny diversion to a youth based on the youth's:
(a) Inability to pay;
(b) Previous or current involvement with the Department of Human Services;
(c) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;
(d) Legal representation; or
(e) Behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or symptoms are so severe that the youth cannot understand or participate in diversion;
(6) The Administrative Office of Courts shall ensure that:
(a) The policies and practices of the youth diversion program are aligned with evidence-based practices and with the definition of "diversion" under Section 43-21-105(ll);
(b) All individuals using the risk screening tool under this section receive training on the appropriate use of the tool.
(7) The risk screening tool under this section is for informing decisions about diversion only. The risk screening tool and any information obtained from a youth in the course of any screening, including any admission, confession, or incriminating evidence obtained from a youth in the course of any screening or assessment, in conjunction with proceedings pursuant to this section or made in order to participate in a diversion or restorative justice program, is not admissible into evidence in any adjudicatory hearing in which the youth is accused and is not subject to subpoena, any other court process for use in any other proceeding, or for any other purpose.
(8) (a) Diversion programs may use the results of a validated assessment tool approved by the Administrative Office of Courts to inform:
(i) The level and intensity of supervision necessary for youth diversion;
(ii) The length of supervision for youth diversion; and
(iii) What services, if any, may be offered to the youth; and
(b) (i) The intake officer may recommend to the division which professionals should be involved in a youth's particular youth diversion program to assist with the youth's needs, treatment, and service planning.
(ii) This recommendation may include, but is not limited to, referrals to prosecutors, youth defenders, probation officers, behavioral health treatment providers, providers who offer services to youth with developmental disabilities, and state and local governmental entities, such as the Department of Human Services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.
(9) (a) The Division of Youth Services, in collaboration with diversion program directors who accept money for programs
providing youth diversion services, shall establish minimum data collection requirements and outcome measures that each
governmental unit and nongovernmental agency shall collect and submit annually for all youth referred by an intake officer. At a minimum, the data summary shall include:
(i) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;
(ii) Risk screening conducted;
(iii) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;
(iv) Offense committed by the youth;
(v) Diversion status;
(vi) Service participation and whether the service was provided by community partners or an in-house facility;
(vii) Program completion data;
(viii) Referral to restorative justice services;
(ix) Child welfare involvement; and
(x) Identifying data necessary to track the long-term outcomes of diverted youth.
(b) On or before August 1, 2027, and each August 1 thereafter, each agency that receives diversion money pursuant to subsection (2) of this section shall report on the number of youths who were screened for eligibility for diversion since the date of the previous report but subsequently rejected. At a minimum, the report shall include demographic data such as age, race and ethnicity, gender, sexual orientation, and gender identity. The reports shall include the data for the state fiscal year from July 1 through June 30.
(c) For the purposes of this subsection (9), when collecting demographic data from a youth, governmental units and
nongovernmental agencies shall provide the youth with an option to decline to disclose demographic information.
(10) (a) In collaboration with the division, each program providing services pursuant to this section shall develop objectives and report progress toward established objectives as required by rules promulgated by the director.
(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to effectuate the purposes of this section.
(c) In addition to its other duties under this section, the division shall:
(i) Offer technical assistance to governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data, and to support program development and adherence to program requirements;
(ii) Provide annual program-level reports to the Administrative Office of Courts; and
(iii) Submit a consolidated statewide report, on December 1 each year, to the Governor, Lieutenant Governor, the Speaker of the House, the Chair of the Senate Judiciary, Division A Committee, and to the Chair of the House Judiciary A Committee.
SECTION 26. Section 43-21-451, Mississippi Code of 1972, is amended as follows:
43-21-451. (1) All
proceedings seeking an adjudication that a child is a delinquent child, a child
in need of supervision, a neglected child or an abused child shall be initiated
by the filing of a petition. * * * The petition shall be drafted and filed:
(a) By the
youth court prosecutor * * * in delinquency matters; or
(b) By the Mississippi Department of Child Protection Services or the youth court prosecutor in child welfare matters.
(2) The petition
shall be filed within five (5) days from the date of a detention hearing or
shelter hearing continuing custody. * * *
The court may, in its discretion, dismiss the petition for failure to comply
with the time schedule contained herein.
SECTION 27. Section 43-21-501, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2028, this section shall read 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;
(c) The parent or guardian of the child if such parent or guardian does not have custody of the child;
(d) The Department of Child Protection Services in child welfare matters; and
(e) Any other person whom the court deems necessary.
[From and after January 1, 2028, this section shall read 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;
(c) The parent or guardian of the child if such parent or guardian does not have custody of the child;
(d) The Department of Child Protection Services in child welfare matters; and
(e) Any other person whom the court deems necessary.
SECTION 28. Section 43-21-557, Mississippi Code of 1972, is amended as follows:
43-21-557. (1) At the beginning of each adjudicatory hearing, the youth court shall:
(a) Verify the name, age and residence of the child who is the subject of the cause and ascertain the relationship of the parties, each to the other;
(b) Ascertain whether all necessary parties are present and identify all persons participating in the hearing;
(c) Ascertain whether the notice requirements have been complied with and, if not, whether the affected parties intelligently waived compliance in accordance with Section 43-21-507;
(d) Explain to the parties the purpose of the hearing and the full range of possible dispositional alternatives thereof; and
(e) Explain to the parties:
(i) The right to counsel;
(ii) The right to remain silent;
(iii) The right to subpoena witnesses;
(iv) The right to cross-examine witnesses testifying against him; and
(v) The right to appeal.
(2) The youth court should then ascertain whether the parties before the youth court are represented by counsel. If a party before the youth court is not represented by counsel, the youth court shall ascertain whether the party understands his right to counsel. If the party wishes to retain counsel, the youth court shall continue the hearing for a reasonable time to allow the party to obtain and consult with counsel of his choosing. If an indigent child does not have counsel, the youth court shall appoint counsel to represent the child and shall continue the hearing for a reasonable time to allow the child to consult with his appointed counsel.
(3) The youth court may then inquire whether the parties admit or deny the allegations in the petition as provided in Section 43-21-553.
(4) The youth court may at any time terminate the proceedings and dismiss the petition if the youth court finds such action to be conducive to the welfare of the child and in the best interest of the state.
SECTION 29. Section 43-21-609, Mississippi Code of 1972, is amended as follows:
43-21-609. In neglect and abuse cases, the disposition order may include any of the following alternatives, giving precedence in the following sequence:
(a) Release the child to the child's parent(s) or pre-petition guardian without further action;
(b) Order the child placed in the custody of the Department of Child Protection Services who shall make reasonable efforts to reunify the child with the child's parent(s).
( * * *c) Place the child * * *
with the child's parents, a relative or other person subject to any
conditions and limitations as the court may prescribe. If the court finds that
temporary relative placement, adoption or foster care placement is
inappropriate, unavailable or otherwise not in the best interest of the child,
durable legal custody may be granted by the court to any person subject to any
limitations and conditions the court may prescribe; such durable legal custody
will not take effect unless the child or children have been in the physical
custody of the proposed durable custodians for at least six (6) months under
the supervision of the Department of Child Protection Services. After granting
durable legal custody of a minor child, the youth court shall retain original
and exclusive jurisdiction of all matters related to durable legal custody,
including, but not limited to, petitions to modify the durable legal custody.
The requirements of Section 43-21-613 as to disposition review hearings do not
apply to those matters in which the court has granted durable legal custody.
In such cases, the Department of Child Protection Services shall be released
from any oversight or monitoring responsibilities;
( * * *d) (i) Grant durable legal relative
guardianship to a relative or fictive kin licensed as a foster parent if the
licensed relative foster parent or licensed fictive kin foster parent exercised
physical custody of the child for at least six (6) months before the grant of
durable legal relative guardianship and the Department of Child Protection
Services had legal custody or exercised supervision of the child for at least
six (6) months. In order to establish durable legal relative guardianship, the
youth court must find the following:
1. That reunification has been determined to be inappropriate;
2. That the relative guardian or fictive kin guardian shows full commitment to the care, shelter, education, nurture, and reasonable medical care of the child; and
3. That the youth court consulted with any child twelve (12) years of age or older before granting durable legal relative guardianship.
(ii) The requirements of Section 43-21-613 as to disposition review hearings do not apply to a hearing concerning durable legal relative guardianship. However, the Department of Child Protection Services must conduct an annual review and recertification of the durable legal relative guardianship to determine whether it remains in the best interest of the child. If a material change in circumstances occurs adverse to the best interest of the child, the parent, relative guardian, fictive kin guardian, or Department of Child Protection Services may petition the court to review the durable legal relative guardianship;
( * * *e) Order terms of treatment calculated
to assist the child and the child's parent, guardian or custodian which are
within the ability of the parent, guardian or custodian to perform;
( * * *f) Order youth court personnel, the
Department of Child Protection Services or child care agencies to assist the
child and the child's parent, guardian or custodian to secure social or medical
services to provide proper supervision and care of the child;
( * * *g) Give legal custody of the child to
any of the following but in no event to any state training school:
(i) The Department of Child Protection Services for appropriate placement; or
(ii) Any private
or public organization, preferably community-based, able to assume the
education, care and maintenance of the child, which has been found suitable by
the court. Prior to assigning the custody of any child to any private
institution or agency, the youth court * * * shall first inspect the
physical facilities to determine that they provide a reasonable standard of
health and safety for the child;
( * * *h) If the court makes a finding that
custody is necessary as defined in Section 43-21-301(3)(b), and that the child,
in the action pending before the youth court had not previously been taken into
custody, the disposition order shall 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 interests of the child, and unless the reasonable efforts requirement is
bypassed under Section 43-21-603(7)(c), the order also must state:
(i) That reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his or her 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 or her own home, and there is no reasonable alternative to custody; or
(iii) If the court makes a finding in accordance with subparagraph (ii) of this paragraph, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family; or
( * * *i) [Until January 1, 2028, this
paragraph (i) shall read as follows:] If the court had, before the
disposition hearing in the action pending before the court, taken the child
into custody, the judge or referee shall determine, and the youth court order
shall recite that reasonable efforts were made by the Department of Child
Protection Services to finalize the child's permanency plan that was in effect
on the date of the disposition hearing.
( * * *i) [From
and after January 1, 2028, this paragraph (i) shall read as follows:]
If the court had, before the disposition hearing in the action pending before
the court, taken the child into custody, the judge or referee shall determine,
and the youth court order shall recite that reasonable efforts were made by the
Department of Child Protection Services to finalize the child's permanency plan
that was in effect on the date of the disposition hearing.
SECTION 30. Section 43-21-613, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2028, this section shall read as follows:]
43-21-613. (1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered. The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole. Summons shall be served in the same manner as summons for an adjudicatory hearing.
(2) On motion of a child or a child's parent, guardian or custodian, the youth court may, in its discretion, conduct an informal hearing to review the disposition order. If the youth court finds a material change of circumstances relating to the disposition of the child, the youth court may modify the disposition order to any appropriate disposition of equal or greater precedence which the youth court could have originally ordered.
(3) (a) All disposition orders for supervision, probation or placement of a child with an individual or an agency shall be reviewed by the youth court judge or referee at least annually to determine if continued placement, probation or supervision is in the best interest of the child or the public. For children who have been adjudicated abused or neglected, except for those children for which a different timeframe is provided under Section 43-21-603(7), the youth court shall conduct a permanency hearing within three (3) months after the earlier of the following and every three (3) months thereafter:
(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child's removal from the allegedly abusive or neglectful custodian/parent if there has been an adjudication.
(b) The court shall conduct a shelter review hearing within ninety (90) days of removal if there has been no adjudication and ninety (90) days thereafter until adjudication.
(4) (a) Notice of such hearings under this section shall be given in accordance with the provisions of Section 43-21-505(5). In conducting the hearing, the judge or referee shall require a written report and may require information or statements from the child's youth court counselor, parent, guardian or custodian, which includes, but is not limited to, an evaluation of the child's progress and recommendations for further supervision or treatment. The judge or referee shall, at the permanency hearing determine the future status of the child, including, but not limited to, whether the child should be returned to the parent(s) or placed with suitable relatives, placed for adoption, placed for the purpose of establishing durable legal custody or should, because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis. If the child is in an out-of-state placement, the hearing shall determine whether the out-of-state placement continues to be appropriate and in the best interest of the child. At the permanency hearing the judge or referee shall determine, and the youth court order shall recite that reasonable efforts were made by the Department of Child Protection Services to finalize the child's permanency plan that was in effect on the date of the permanency hearing. The judge or referee may find that reasonable efforts to maintain the child within his home shall not be required in accordance with Section 43-21-603(7)(c), and that the youth court shall continue to conduct permanency hearings for a child who has been adjudicated abused or neglected, at least annually thereafter, for as long as the child remains in the custody of the Mississippi Department of Child Protection Services.
(b) The court may find that the filing of a termination of parental rights petition is not in the child's best interest if:
(i) The child is being cared for by a relative; and/or
(ii) The Department of Child Protection Services has documented compelling and extraordinary reasons why termination of parental rights would not be in the best interests of the child.
(c) The provisions of this subsection shall also apply to review of cases involving a dependent child; however, such reviews shall take place not less frequently than once each one hundred eighty (180) days, or upon the request of the child's attorney, a parent's attorney, or a parent as deemed appropriate by the youth court in protecting the best interests of the child. A dependent child shall be ordered by the youth court judge or referee to be returned to the custody and home of the child's parent, guardian or custodian unless the judge or referee, upon such review, makes a written finding that the return of the child to the home would be contrary to the child's best interests.
(d) Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the court has granted durable legal custody. In such cases, the Department of Child Protection Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child.
( * * *5) The provisions of this section do
not apply to proceedings concerning durable legal relative guardianship.
[From and after January 1, 2028, this section shall read as follows:]
43-21-613. (1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered. The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole. Summons shall be served in the same manner as summons for an adjudicatory hearing.
(2) On motion of a child or a child's parent, guardian or custodian, the youth court may, in its discretion, conduct an informal hearing to review the disposition order. If the youth court finds a material change of circumstances relating to the disposition of the child, the youth court may modify the disposition order to any appropriate disposition of equal or greater precedence which the youth court could have originally ordered.
(3) (a) All disposition orders for supervision, probation or placement of a child with an individual or an agency shall be reviewed by the youth court judge or referee at least annually to determine if continued placement, probation or supervision is in the best interest of the child or the public. For children who have been adjudicated abused or neglected, except for those children for which a different timeframe is provided under Section 43-21-603(7), the youth court shall conduct a permanency hearing within three (3) months after the earlier of the following and every three (3) months thereafter:
(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child's removal from the allegedly abusive or neglectful custodian/parent if there has been an adjudication.
(b) The court shall conduct a shelter review hearing within ninety (90) days of removal if there has been no adjudication and ninety (90) days thereafter until adjudication.
(4) (a) Notice of such hearings under this section shall be given in accordance with the provisions of Section 43-21-505(5). In conducting the hearing, the judge or referee shall require a written report and may require information or statements from the child's youth court counselor, parent, guardian or custodian, which includes, but is not limited to, an evaluation of the child's progress and recommendations for further supervision or treatment. The judge or referee shall, at the permanency hearing determine the future status of the child, including, but not limited to, whether the child should be returned to the parent(s) or placed with suitable relatives, placed for adoption, placed for the purpose of establishing durable legal custody or should, because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis. If the child is in an out-of-state placement, the hearing shall determine whether the out-of-state placement continues to be appropriate and in the best interest of the child. At the permanency hearing the judge or referee shall determine, and the youth court order shall recite that reasonable efforts were made by the Department of Child Protection Services to finalize the child's permanency plan that was in effect on the date of the permanency hearing. The judge or referee may find that reasonable efforts to maintain the child within his home shall not be required in accordance with Section 43-21-603(7)(c), and that the youth court shall continue to conduct permanency hearings for a child who has been adjudicated abused or neglected, at least annually thereafter, for as long as the child remains in the custody of the Mississippi Department of Child Protection Services.
(b) The court may find that the filing of a termination of parental rights petition is not in the child's best interest if:
(i) The child is being cared for by a relative; and/or
(ii) The Department of Child Protection Services has documented compelling and extraordinary reasons why termination of parental rights would not be in the best interests of the child.
(c) The provisions of this subsection shall also apply to review of cases involving a dependent child; however, such reviews shall take place not less frequently than once each one hundred eighty (180) days, or upon the request of the child's attorney, a parent's attorney, or a parent as deemed appropriate by the youth court in protecting the best interests of the child. A dependent child shall be ordered by the youth court judge or referee to be returned to the custody and home of the child's parent, guardian or custodian unless the judge or referee, upon such review, makes a written finding that the return of the child to the home would be contrary to the child's best interests.
(d) Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the court has granted durable legal custody. In such cases, the Department of Child Protection Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child.
( * * *5) The provisions of this section do
not apply to proceedings concerning durable legal relative guardianship.
SECTION 31. Section 43-21-621, Mississippi Code of 1972, is amended as follows:
43-21-621. (1) The youth court may, in compliance with the laws governing education of children, order any state-supported public school in its jurisdiction after notice and hearing to enroll or reenroll any compulsory-school-age child in school, and further order appropriate educational services. Provided, however, that the youth court shall not order the enrollment or reenrollment of a student that has been suspended or expelled by a public school pursuant to Section 37-9-71 or 37-7-301 for possession of a weapon on school grounds, for an offense involving a threat to the safety of other persons or for the commission of a violent act. For the purpose of this section "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another. The superintendent of the school district to which such child is ordered may, in his discretion, assign such child to the alternative school program of such school established pursuant to Section 37-13-92, Mississippi Code of 1972. The court shall have jurisdiction to enforce school and education laws. Nothing in this section shall be construed to affect the attendance of a child in a legitimate home instruction program.
(2) The youth court may specify the following conditions of probation related to any juvenile ordered to enroll or reenroll in school: That the juvenile maintain passing grades in up to four (4) courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades.
(3) If the adjudication of delinquency was for an offense involving a threat to the safety of the juvenile or others and school attendance is a condition of probation, the youth court judge shall make a finding that the principal of the juvenile's school should be notified. If the judge orders that the principal be notified, the youth court counselor shall within five (5) days or before the juvenile begins to attend school, whichever occurs first, notify the principal of the juvenile's school in writing of the nature of the offense and the probation requirements related to school attendance. A principal notified by a juvenile court counselor shall handle the report according to the guidelines and rules adopted by the State Board of Education.
* * *
SECTION 32. Section 43-21-625, Mississippi Code of 1972, is amended as follows:
43-21-625. (1) The Department of Human Services * * * may
develop and implement a wilderness training program for first time youth
offenders sentenced or classified as delinquency cases or as children in
need of supervision.
(2) The program shall include supervised camping trips, calisthenics, manual labor assignments, physical training with obstacle courses, training in decision-making and personal development and drug counseling and rehabilitation programs.
(3) The department shall adopt rules requiring that wilderness training participants complete a structured disciplinary program and allowing for a restriction on general inmate population privileges.
(4) Upon receipt of youth offenders, the department shall screen offenders for the wilderness training program. To participate, an offender must have no physical limitations which would preclude participation in strenuous activity, must not be impaired and must not have been previously incarcerated in a state or federal correctional facility. In screening offenders for the wilderness training program, the department shall consider the offender's criminal history and the possible rehabilitative benefits of the program. If an offender meets the specified criteria and space is available, the department shall request in writing from the sentencing court, approval to participate in the wilderness training program. If the person is classified by the court as a delinquent or child in need of supervision and the department is requesting approval from the sentencing court for placement in the program, the department shall, at the same time, notify the prosecuting attorney that the offender is being considered for placement in the wilderness training program. The notice shall explain that the purpose of such placement is diversion from lengthy incarceration when a wilderness training program could produce the same deterrent effect, and that the person given notice may, within fourteen (14) days of the mailing of the notice, notify the sentencing court in writing of objections, if any, to the placement of the offender in the wilderness training program. The sentencing court shall notify the department in writing of placement approval no later than twenty-one (21) days after receipt of the department's request for placement of the youthful offender in the wilderness training program. Failure to notify the department within twenty-one (21) days shall be considered an approval by the sentencing court for placing the youthful offender in the wilderness training program. The offices of the prosecuting attorneys may develop procedures for notifying each victim that the offender is being considered for placement in the wilderness training program.
(5) The program shall provide a period of rigorous training to offenders who require a greater degree of supervision than community control or probation provides. Wilderness training programs may be operated in secure areas in or adjacent to adult institutions or in any area approved by the department. The program is not intended to divert offenders away from probation or community control but to divert them from long periods of incarceration when a wilderness training program could produce the same deterrent effect.
(6) If an offender in the wilderness training program becomes unmanageable, the department may place him in an appropriate facility to complete the remainder of his sentence. Any period of time in which the offender is unable to participate in the wilderness training program activities may be excluded from the specified time requirements in the program. The portion of the sentence served prior to placement in the wilderness training program shall not be counted toward program completion. Upon the offender's completion of the wilderness training program, the department shall submit a report to the court that describes the offender's performance. If the offender's performance has been satisfactory, the court shall issue an order modifying the sentence imposed and placing the offender on probation. If the offender violates the conditions of probation, the court may revoke probation and impose any sentence which it might have originally imposed.
(7) The department shall provide a special training program for staff selected for the wilderness training program.
(8) The department is authorized to contract with any private or public nonprofit organization or entity to carry out the purpose of this section.
SECTION 33. Section 43-21-703, Mississippi Code of 1972, which prescribes the required duties of the Mississippi Commission on a Uniform Youth Court System and Procedures to study the youth court system and report any proposed changes by certain date, is hereby repealed.
SECTION 34. Sections 43-21-751 through 43-21-755, Mississippi Code of 1972, which comprise the Teen Court Pilot Program Act, are hereby repealed.
SECTION 35. Section 43-21-801, Mississippi Code of 1972, is amended as follows:
43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts.
(a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court.
(ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors.
(b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses.
(ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts.
(iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.
(iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi.
(c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court.
(ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers.
(iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county.
(iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose.
(v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff.
(2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section.
(ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors.
(iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection.
(b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts.
(c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts.
(3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section.
(b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund.
(ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund.
(c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court or received at least one (1) hour of annual continuing education concerning oversight of youth court intake officers and MYCIDS. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements.
(4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts.
(5) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 36. Section 43-27-20, Mississippi Code of 1972, is amended as follows:
43-27-20. (a) Within the Division of Youth Services there shall be an Office of Community Services, which shall be headed by a director appointed by and responsible to the Director of the Division of Youth Services. Each director shall hold a master's degree in social work or a related field and shall have no less than three (3) years' experience in social services, or in lieu of such degree and experience, the director shall have a minimum of eight (8) years' experience in social work or a related field. Each director shall employ and assign the community workers to serve in the various areas in the state and any other supporting personnel necessary to carry out the duties of the Office of Community Services.
(b) The Director of the Office of Community Services shall
assign probation and aftercare workers to the youth court * * *
on the basis of caseload and need, when funds are available. The Director of
the Office of Community Services is authorized to assign a youth services
counselor to various court districts upon the approval of * * * the Director of the Division of Youth Services.
* * *
( * * *c) The Office of Community Services
shall have such duties as the Division of Youth Services shall assign to it
which shall include, but not be limited to, the following:
(i) Preparing the social, educational and home-life history and other diagnostic reports on the child for the benefit of the court or the training school; however, this provision shall not abridge the power of the court to require similar services from other agencies, according to law.
(ii) Serving in counseling capacities with the youth or family courts.
(iii) Serving as probation agents for the youth or family courts.
(iv) Serving, advising and counseling of children under the control of the Division of Youth Services as may be necessary to the placement of the children in their proper environment upon release and the placement of children in suitable jobs where necessary and proper.
(v) Supervising and guiding of children released or conditionally released from institutions under the control of the Division of Youth Services.
(vi) Coordinating the activities of supporting community agencies which aid in the social adjustment of children released from the institution and in an aftercare program.
(vii) Providing linkage and/or referral for services leading to the rehabilitation of delinquents, either within the division or through cooperative arrangements with other appropriate agencies.
(viii) Providing counseling and supervision for any child under ten (10) years of age who has been brought to the attention of the court when other suitable personnel is not available and upon request of the court concerned.
(ix) Supervising the completion of aftercare programs and/or making revocation investigations at the request of the court.
(x) Implementing a Standardized Risk Assessment Tool for use in the community.
(xi) Developing and implementing a graduated sanctions policy for use within the community.
(d) The Office of Community Services shall maintain data regarding the Division of Youth Services including the number and disposition of all cases together with such other useful information regarding those cases as may be requested and is obtainable from the records of the youth court. This duty may not be delegated to another agency.
( * * *e) This section shall stand repealed
on July 1, * * * 2029.
SECTION 37. Section 45-33-61, Mississippi Code of 1972, is amended as follows:
45-33-61. (1) A person
convicted of a sex offense shall not access the Administrative Office of
Courts' youth court data management system * * * as defined under Section 43-21-105(mm).
(2) This section applies to all registered sex offenders without regard to the date of conviction for a registrable offense.
(3) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 38. Section 93-15-107, Mississippi Code of 1972, is amended as follows:
93-15-107. (1) (a) Involuntary termination of parental rights proceedings are commenced upon the filing of a petition under this chapter. The petition may be filed by any interested person, or any agency, institution or person holding custody of the child. The simultaneous filing of a petition for adoption is not a prerequisite for filing a petition under this chapter.
(b) The proceeding shall be triable, either in term time or vacation, thirty (30) days after personal service of process to any necessary party or, for a necessary party whose address is unknown after diligent search, thirty (30) days after the date of the first publication of service of process by publication that complies with the Mississippi Rules of Civil Procedure.
(c) Necessary parties to a termination of parental rights action shall include the mother of the child, the legal father of the child, the putative father of the child when known, and any agency, institution or person holding custody of the child. If the child is twelve (12) years or older at the time of the hearing, a summons must be issued and served upon the minor child, together with a copy of the petition, not less than seven (7) days before the hearing. The minor child shall be represented by counsel throughout the proceedings. The court shall appoint an attorney for any minor child who is unrepresented, so the court has the benefit of knowing the child's stated interest. If the child is fourteen (14) years or older at the time of the hearing, the child's preferences, if any, regarding the termination of parental rights shall be considered by the court. The absence of a necessary party who has been properly served does not preclude the court from conducting the hearing or rendering a final judgment.
(d) A guardian ad
litem shall be appointed to protect the best interest of the child, except that
the court, in its discretion, may waive this requirement when a parent executes
a written voluntary release to terminate parental rights. In the event that the guardian ad litem is not
appointed by the Administrative Office of Courts, the guardian ad litem
fees shall be determined * * * and assessed in the discretion of the court and assessed
by order to the county and a copy of such assessment shall be transmitted to
the Administrative Office of Courts.
(e) The style of the case shall not include the child's name when the child is not the party plaintiff or petitioner.
(2) Voluntary termination of parental rights by written voluntary release is governed by Section 93-15-111.
(3) In all cases involving termination of parental rights, a minor parent shall be served with process as an adult.
(4) The court may waive service of process if an adoptive child was born in a foreign country, put up for adoption in the birth country, and has been legally admitted into this country.
(5) The clerk shall docket cases seeking relief under this chapter as priority cases. The assigned judge shall be immediately notified when a case is filed in order to provide for expedited proceedings.
(6) (a) Once the petition for termination of parental rights is filed with the court of competent jurisdiction, the court shall hold a hearing on the petition within ninety (90) calendar days of the date the petition is filed, absent extraordinary circumstances.
(b) For purposes of this subsection, the ninety-calendar-day time period will commence when perfected service is made on the parents.
(c) For purposes of this subsection, extraordinary circumstances include:
(i) The Mississippi Supreme Court orders the suspension of in-person court proceedings; or
(ii) One (1) of the following has occurred:
1. The President of the United States has declared a national emergency; or
2. The Governor has declared a state of emergency or a statewide public health emergency; or
(iii) If the best interest of the child is served and the chancellor makes specific findings of such.
SECTION 39. Section 93-31-3, Mississippi Code of 1972, is amended as follows:
93-31-3. (1) (a) A parent or legal custodian of a child, by means of a properly executed power of attorney as provided in Section 93-31-5, may delegate to another willing person or persons as attorney-in-fact any of the powers regarding the care and custody of the child other than the following:
(i) The power to consent to marriage or adoption of the child;
(ii) The performance or inducement of an abortion on or for the child; or
(iii) The termination of parental rights to the child.
(b) A delegation of powers under this section does not:
(i) Change or modify any parental or legal rights, obligations, or authority established by an existing court order;
(ii) Deprive any custodial or noncustodial parent or legal guardian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child; or
(iii) Affect a court's ability to determine the best interests of a child.
(c) If both parents are living and neither parent's parental rights have been terminated, both parents must execute the power of attorney. If a noncustodial parent is absent or unknown, the custodial parent must complete the affidavit contemplated under Section 93-31-5 and attach it to the power of attorney.
(d) A power of attorney under this chapter must be facilitated by either a child welfare agency that is licensed to place children for adoption and that is operating under the Safe Families for Children model or another charitable organization that is operating under the Safe Families for Children model. A full criminal history and child abuse and neglect background check must be conducted on any person who is not a grandparent, aunt, uncle, or sibling of the child if the person is:
(i) Designated or proposed to be designated as the attorney-in-fact; or
(ii) Is a person over the age of fifteen (15) who resides in the home of the designated attorney-in-fact.
(2) A power of attorney executed under this chapter shall not be used for the sole purposes of enrolling a child in a school to participate in the academic or interscholastic athletic programs provided by that school or for any other unlawful purposes, except as may be permitted by the federal Every Student Succeeds Act (Public Law 114-95).
(3) The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by this section at any time. Upon the termination, expiration, or revocation of the power of attorney, the child must be returned to the custody of the parent or legal custodian.
(4) Until the authority expires or is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney.
(5) The execution of a power of attorney by a parent or legal custodian does not, in the absence of other evidence, constitute abandonment, desertion, abuse, neglect, or any evidence of unfitness as a parent unless the parent or legal custodian fails to take custody of the child or execute a new power of attorney after the one-year time limit, or after a longer time period as allowed for a serving parent, has elapsed. Nothing in this subsection prevents the Department of Child Protection Services or law enforcement from investigating allegations of abuse, abandonment, desertion, neglect or other mistreatment of a child.
(6) When the custody of a child is transferred by a power of attorney under this chapter, the child is not considered to have been placed in foster care and the attorney-in-fact will not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to out-of-home care for children and will not be subject to any statutes or regulations dealing with the licensing or regulation of foster care homes.
(7) (a) "Serving parent" means a parent who is a member of the Armed Forces of the United States, including any reserve component thereof, or the National Oceanic and Atmospheric Administration Commissioned Officer Corps or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty.
(b) A serving parent may delegate the powers designated in subsection (1) of this section for longer than one (1) year if on active-duty service or if scheduled to be on active-duty service. The term of delegation, however, may not exceed the term of active-duty service plus thirty (30) days.
* * *
( * * *8) The provisions of this section
shall stand repealed on July 1, * * * 2029.
SECTION 40. Section 9-5-91, Mississippi Code of 1972, is amended as follows:
9-5-91. (1) In a chancery case in which a guardian ad litem is appointed by the court, it is the duty of the chancery clerk to prepare and forward to the Administrative Office of Courts the information described by subsection (2) of this section not later than the last day of the month following the entry of an order approving any payment to the guardian ad litem.
(2) The clerk shall prepare
and forward the following information when filed in a * * *
case where the guardian ad litem fees exceed One Thousand Dollars ($1,000.00):
(a) A copy of any invoice for guardian ad litem fees;
(b) A copy of any order directing payment of guardian ad litem fees; and
(c) A copy of any petition seeking recovery of guardian ad litem fees, as well as any orders concerning payment of guardian ad litem fees, including, but not limited to, orders of contempt.
(3) If an order previously reported under subsection (1) of this section is amended by order of the court, the clerk shall forward the subsequent court order not later than the last day of the month following the entry of the amended order.
(4) The duty of a clerk to prepare and forward information under this section is not affected by:
(a) Any subsequent appeal of the court order;
(b) Any subsequent modification of the court order; or
(c) The expiration of the court order.
* * *
SECTION 41. Section 9-5-165, Mississippi Code of 1972, is amended as follows:
9-5-165.
The clerk shall not suffer any paper filed to be withdrawn but by leave of the
chancellor, and then only by retaining a copy to be made at the cost of the
party obtaining the leave. Provided, however, that any duly licensed and
practicing attorney in good standing in the court may remove court files and
related legal papers * * * from the clerk's office by signing therefor himself,
or by a designated representative of his law office, on a record to be provided
for that purpose. Such files or documents so removed shall be attested to by
the clerk or his deputy at the time of removal, and said attorney shall be
personally responsible for their safekeeping and return within ten (10) days,
or before the first day of the next term of chancery court, whichever comes
first and such files or documents shall not be removed from the county where
the same are filed except that said files or documents may be taken by said
attorney for use in a vacation hearing to such county where the hearing may be
held. Failure to return any such court files or related legal papers as
provided herein shall constitute contempt of court.
SECTION 42. Section 9-21-9, Mississippi Code of 1972, is amended as follows:
9-21-9. (1) 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 and/or by law:
(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 support of the uniform case docketing
system, the director shall require that all youth courts utilize the * * * uniform
youth court * * * data management
system * * *
designated by the Administrative Office of Courts;
(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 utilize the
provisions of law that regulate public purchasing in Sections 31-7-1 et seq.,
to contract with a provider to effectuate the requirements of paragraph (d) for
the * * * uniform youth court * * *
data management system * * * designated
by the Administrative Office of Courts.
(2) (a) The Administrative Director of Courts shall conduct an audit of the Mississippi Youth Court Information Delivery System (MYCIDS), by August 1, 2024, to review: the services provided by the system, any contractors or employees used to administer the system, the process used to design or administer the system, guidelines used to create the system and the primary functions of the system and whether the system can be accessed by users of the Mississippi Electronic Court System or merged with the Mississippi Electronic Court System.
(b) The Administrative Director of Courts shall provide a report to the Judiciary A Committees of the Mississippi House of Representatives and the Senate by September 1, 2024, that includes:
(i) A copy of the audit;
(ii) Recommendations that resolve any deficiencies in the system or improve the system;
(iii)
Recommendations that outline the creation of a new system which is to be in
operation by July 1, 2026 * * *.; and
(iv) A list of the companies or agencies that have submitted bids to resolve deficiencies, make improvements or create a new system.
SECTION 43. This act shall take effect and be in force from and after July 1, 2026, and shall stand repealed on June 30, 2026.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO ENACT THE MISSISSIPPI CHANCERY YOUTH COURT ACT OF 2026; TO AMEND SECTION 43-21-103, MISSISSIPPI CODE OF 1972, TO RECOGNIZE THE UNIFORM RULES OF YOUTH COURT PRACTICE; TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS "YOUTH COURT," "JUDGE," AND "CHILD IN NEED OF SUPERVISION,"; TO DEFINE THE TERMS "YOUTH COURT PROSECUTOR," "INTAKE OFFICER," "INTAKE UNIT," "PRE-PETITION GUARDIAN," "DIVERSION" AND "DATA MANAGEMENT SYSTEM"; TO DELETE THE TERM "DESIGNEE" FROM AND AFTER JANUARY 1, 2028; TO AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THERE SHALL BE ADDITIONAL CHANCELLORS IN EACH CHANCERY COURT DISTRICT PROVIDED IN CHAPTER 5, TITLE 9, AS NEEDED, TO BE DETERMINED UNDER THIS SECTION; TO DELETE THE AUTHORITY FOR THE CREATION OF A YOUTH COURT DIVISION AS A DIVISION OF THE MUNICIPAL COURT IN ANY CITY IF THE GOVERNING AUTHORITIES OF SUCH CITY ADOPT A RESOLUTION TO THAT EFFECT; TO BRING FORWARD SECTIONS 43-21-115, 43-21-117, 43-21-119, 43-21-121 AND 43-21-123, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 43-21-203, MISSISSIPPI CODE OF 1972, TO DELETE LANGUAGE THAT PROHIBITS THE GENERAL PUBLIC FROM YOUTH COURT HEARINGS; TO CREATE NEW SECTION 43-21-204, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "YOUTH COURT PROCEEDING"; TO PROVIDE THAT THE GENERAL PUBLIC SHALL BE ADMITTED TO ANY HEARING IN A YOUTH COURT PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY ADJUDICATORY HEARING OR ANY DISPOSITIONAL HEARING WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT THE COURT MAY CLOSE A YOUTH COURT HEARING ONLY AFTER A FINDING ON THE RECORD AND ISSUANCE OF A SIGNED ORDER STATING THE REASON OR REASONS FOR CLOSING ALL OR PART OF A HEARING IN A YOUTH COURT PROCEEDING; TO AMEND SECTION 43-21-251, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF THE OFFICE OF YOUTH SERVICES WITHIN THE DEPARTMENT OF HUMAN SERVICES TO MAINTAIN A STATE CENTRAL REGISTRY; TO DELETE LANGUAGE TO CONFORM TO THE REPEAL OF SECTION 43-21-267; TO DIRECT THE APPROPRIATE ENTITY TO SEEK A COURT ORDER TO PLACE A PERPETRATOR ON THE REGISTRY IN EVERY CASE IN WHICH THE AGENCY IS INVOLVED AND IN WHICH THE COURT SUBSTANTIATES ABUSE OR NEGLECT; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO REVISE THE DISCLOSURE OF YOUTH COURT RECORDS; TO DELETE LANGUAGE REQUIRING A COURT ORDER TO DISCLOSE YOUTH COURT RECORDS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 43-21-263, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPUNGEMENT OF RECORDS INVOLVING CHILDREN; TO CONFORM TO THE NEW SECTION 43-21-204; TO REPEAL SECTION 43-21-267, MISSISSIPPI CODE OF 1972, WHICH CREATES A CRIMINAL PENALTY FOR THE DISCLOSURE OF CERTAIN RECORDS; TO REPEAL SECTION 43-21-305, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES A LAW ENFORCEMENT OFFICER TO STOP AND QUESTION CERTAIN CHILDREN IN PUBLIC; TO BRING FORWARD SECTIONS 43-21-307 AND 43-21-311, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 43-21-351, MISSISSIPPI CODE OF 1972, TO REQUIRE DELINQUENCY REPORTS TO INCLUDE EITHER A LAW ENFORCEMENT REPORT OR A SWORN AFFIDAVIT; TO INCREASE THE ANNUAL REQUIRED HOURS OF TRAINING FOR AN INTAKE OFFICER; TO REQUIRE THE TRAINING TO BE PROVIDED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO BRING FORWARD SECTION 43-21-353, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES MANDATORY REPORTING AND INVESTIGATIONS BY THE DEPARTMENT OF CHILD PROTECTION SERVICES, FOR POSSIBLE AMENDMENT; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT INTAKE OFFICER UPON RECEIVING A NEGLECT OR ABUSE REPORT TO FILE A RECOMMENDATION AND GIVE NOTICE TO THE APPROPRIATE ENTITY WITHIN A CERTAIN TIMEFRAME; TO REQUIRE THE YOUTH COURT PROSECUTOR, WITHIN A CERTAIN TIMEFRAME, IN DELINQUENCY MATTERS TO TAKE CERTAIN ACTIONS; TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES OR THE YOUTH COURT PROSECUTOR, WITHIN A CERTAIN TIMEFRAME, IN CHILD WELFARE MATTERS TO TAKE CERTAIN ACTIONS; TO PROVIDE THAT A CASE CLOSURE NOTICE SHALL BE REVIEWABLE BY THE YOUTH COURT FOR 30 DAYS AFTER THE ENTRY OF THE NOTICE BY THE COURT, THE YOUTH COURT PROSECUTOR, OR THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO AMEND SECTIONS 43-21-405 AND 43-21-407, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 43-21-409, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH AND ADMINISTER A YOUTH DIVERSION PROGRAM THAT SEEKS TO DIVERT YOUTH FROM THE YOUTH JUSTICE SYSTEM AND INTEGRATE RESTORATIVE JUSTICE PRACTICES; TO AMEND SECTION 43-21-451, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF COURT AUTHORIZATION TO DRAFT AND FILE A PETITION; TO REQUIRE THE SAME TIMEFRAME FOR FILING A PETITION FOR ALL CASES; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO BE SUMMONSED ONLY IN CHILD WELFARE MATTERS; TO AMEND SECTION 43-21-557, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO EXPLAIN TO THE PARTIES THE FULL RANGE OF POSSIBLE DISPOSITIONAL ALTERNATIVES AT THE BEGINNING OF EACH ADJUDICATORY HEARING; TO AMEND SECTION 43-21-609, MISSISSIPPI CODE OF 1972, TO REVISE THE ALTERNATIVES OF THE DISPOSITION ORDER IN NEGLECT AND ABUSE CASES; TO AMEND SECTION 43-21-613, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COURT TO CONDUCT A SHELTER REVIEW HEARING WITHIN A CERTAIN PERIOD OF DAYS OF REMOVAL IF THERE HAS BEEN NO ADJUDICATION AND WITHIN A CERTAIN PERIOD OF DAYS THEREAFTER UNTIL ADJUDICATION; TO AMEND SECTION 43-21-621, MISSISSIPPI CODE OF 1972, TO REMOVE AN OUTDATED REPORTING REQUIREMENT OF THE ADMINISTRATIVE OFFICE OF COURTS RELATED TO JUVENILES REPORTED TO PRINCIPALS; TO AMEND SECTION 43-21-625, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP AND IMPLEMENT A WILDERNESS TRAINING PROGRAM FOR FIRST TIME YOUTH OFFENDERS BY DELETING THE WORD "SHALL" AND INSERTING THE WORD "MAY" IN LIEU THEREOF; TO REPEAL SECTION 43-21-703, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE REQUIRED DUTIES OF THE MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEM AND PROCEDURES TO STUDY THE YOUTH COURT SYSTEM AND REPORT ANY PROPOSED CHANGES BY CERTAIN DATE; TO REPEAL SECTION 43-21-751, MISSISSIPPI CODE OF 1972, WHICH COMPRISES THE TEEN COURT PILOT PROGRAM ACT; TO AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO REVISE THE YOUTH COURT SUPPORT PROGRAM TO PROVIDE THAT SUBJECT TO APPROPRIATION BY THE LEGISLATURE THE ADMINISTRATIVE OFFICE OF COURTS SHALL PROVIDE YOUTH COURT INTAKE OFFICERS AND ONE COURT ADMINISTRATOR TO EACH YOUTH COURT IN THE STATE; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 43-27-20, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE DIRECTOR OF THE OFFICE OF COMMUNITY SERVICES; TO REVISE THE DUTIES OF THE DIVISION OF YOUTH SERVICES; TO PROVIDE A NONDELEGABLE DUTY FOR THE OFFICE OF COMMUNITY SERVICES TO MAINTAIN DATA REGARDING THE DIVISION OF YOUTH SERVICES; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 45-33-61, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE DEFINITION OF THE TERM "DATA MANAGEMENT SYSTEM"; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE EVENT THAT THE GUARDIAN AD LITEM IS NOT APPOINTED BY THE ADMINISTRATIVE OFFICE OF COURTS, THE GUARDIAN AD LITEM FEES SHALL BE DETERMINED IN THE DISCRETION OF THE COURT AND ASSESSED BY ORDER TO THE COUNTY AND A COPY OF SUCH ASSESSMENT SHALL BE TRANSMITTED TO THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 93-31-3, MISSISSIPPI CODE OF 1972, TO CONFORM; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 9-5-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHANCERY CLERK TO PREPARE AND FORWARD CERTAIN INFORMATION RELATED TO GUARDIANS AD LITEM FOR EVERY CASE, INCLUDING YOUTH COURT CASES, WHERE THE GUARDIAN AD LITEM FEE EXCEEDS $1,000.00; TO AMEND SECTIONS 9-5-165 AND 9-21-9, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.