Bill Text: MS HB1670 | 2026 | Regular Session | Introduced
Bill Title: Youth court; revise various provisions pertaining to.
Sponsorship: Partisan Bill (Independent 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1670 Detail]
Download: Mississippi-2026-HB1670-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Yates
House Bill 1670
AN ACT TO AMEND SECTION 9-5-91, MISSISSIPPI CODE OF 1972, TO REQUIRE CHANCERY CLERKS TO PREPARE CERTAIN DOCUMENTS IN ALL CASES, NOT JUST CONTESTED CASES, WHERE GUARDIAN AD LITEM FEES EXCEED A CERTAIN AMOUNT; TO AMEND SECTION 9-5-165, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION AGAINST REMOVING CERTAIN YOUTH COURT DOCUMENTS FROM THE CHANCERY CLERKS OFFICE; TO AMEND SECTION 9-21-9, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN FUNDING FOR THE MISSISSIPPI YOUTH COURT INFORMATION DELIVERY SYSTEM (MYCIDS); TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REMOVE THE TERM "DESIGNEE" FROM THE YOUTH COURT LAW; TO AMEND SECTION 43-21-115, MISSISSIPPI CODE OF 1972, TO MAKE CERTAIN REVISIONS CONCERNING THE ESTABLISHMENT OF THE INTAKE UNIT; TO AMEND SECTION 43-21-117, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT IN ALL DELINQUENCY PROCEEDINGS THE YOUTH COURT PROSECUTOR REPRESENTS THE STATE; TO AMEND SECTION 43-21-119, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT JUDGE, NOT A DESIGNEE, SHALL APPOINT CERTAIN PERSONNEL; TO AMEND SECTION 43-21-121, MISSISSIPPI CODE OF 1972, CONCERNING THE APPOINTMENT OF GUARDIAN AD LITEMS; TO AMEND SECTION 43-21-203, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION AGAINST THE GENERAL PUBLIC ATTENDING CERTAIN HEARINGS; TO AMEND SECTION 43-21-251, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT THE GENERAL DOCKET BE INDEXED IN THE ALPHABETICAL ORDER OF THE NAME OF THE PARTIES; TO AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT THE OFFICE OF YOUTH SERVICES MAINTAIN A CERTAIN STATE CENTRAL REGISTRY; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO REVISE WHO MAY RECEIVE CERTAIN YOUTH COURT RECORDS; TO BRING FORWARD SECTION 43-21-263, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO SEALING AND UNSEALING OF YOUTH COURT RECORDS; TO AMEND SECTION 43-21-307, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONLY A JUDGE, NOT HIS DESIGNEE, MAY AUTHORIZE TEMPORARY CUSTODY; TO AMEND SECTION 43-21-311, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONLY A JUDGE, NOT HIS DESIGNEE, MAY HANDLE CERTAIN MATTERS CONCERNING THE RIGHTS OF A CHILD IN CUSTODY; TO AMEND SECTION 43-21-351, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF HOURS OF ANNUAL TRAINING THAT AN INTAKE OFFICER MUST RECEIVE; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WITHIN 14 DAYS AFTER THE FILING OF THE INTAKE RECOMMENDATION, THE PROSECUTOR MUST TAKE CERTAIN ACTIONS; TO AMEND SECTION 43-21-405, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JUDGE, NOT HIS DESIGNEE, SHALL APPOINT AN INFORMAL ADJUSTMENT COUNSELOR; TO AMEND SECTION 43-21-407, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INTAKE OFFICER, RATHER THAN THE INTAKE UNIT, IS PRECLUDED FROM REINSTATING THE INFORMAL ADJUSTMENT PROCESS; TO AMEND SECTION 43-21-451, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE YOUTH COURT PROSECUTOR SHALL DRAFT PETITIONS FOR DELINQUENCY CASES AND THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL DRAFT PETITIONS FOR CHILD WELFARE CASES; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JUDGE, NOT HIS DESIGNEE, SHALL ORDER THE YOUTH CLERK COURT TO ISSUE A SUMMONS; TO AMEND SECTION 43-21-609, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SEQUENCE OF DISPOSITION ALTERNATIVES IN NEGLECT AND ABUSE CASES; TO AMEND SECTION 43-21-613, MISSISSIPPI CODE OF 1972, TO REQUIRE A YOUTH COURT JUDGE TO CONDUCT A SHELTER REVIEW HEARING WITHIN A CERTAIN NUMBER OF DAYS IF THERE HAS BEEN NO ADJUDICATION; TO AMEND SECTION 43-21-621, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN OBSOLETE REPORTING REQUIREMENTS BY THE ADMINISTRATIVE OFFICE OF COURTS TO THE LEGISLATURE; TO AMEND SECTION 43-21-625, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP A WILDERNESS TRAINING PROGRAM FOR CERTAIN YOUTH OFFENDERS; TO AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO REVISE THE YOUTH COURT SUPPORT PROGRAM; TO AMEND SECTION 43-27-20, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN OBSOLETE LANGUAGE CONCERNING THE DIVISION OF COMMUNITY SERVICES; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN INVOLUNTARY TERMINATION OF PARENTAL RIGHTS CASES WHERE A GUARDIAN AD LITEM IS NOT APPOINTED B THE ADMINISTRATIVE OFFICE OF COURTS, THEN THE FEES SHALL BE ASSESSED TO THE COUNTY; TO AMEND SECTION 93-31-3, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS CONCERNING THE FILING OF POWER OF ATTORNEY IN YOUTH COURT; TO CREATE A NEW CODE SECTION FOR THE ESTABLISHMENT OF THE STATEWIDE YOUTH DIVERSION PROGRAM; TO CREATE A NEW CODE SECTION FOR THE ESTABLISHMENT OF A YOUTH DIVERSION PROGRAM; TO CREATE A NEW CODE SECTION FOR THE ESTABLISHMENT OF THE FAMILY SERVICES ROUNDTABLE FOR MISSISSIPPI CHILDREN, YOUTH AND FAMILIES; TO PROVIDE THE COMPOSITION AND DUTIES OF SUCH ROUNDTABLE; TO REPEAL SECTION 43-21-111, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR REGULAR AND SPECIAL REFEREES IN YOUTH COURT; TO REPEAL SECTION 43-21-125, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI COUNCIL OF YOUTH COURT JUDGES; TO REPEAL SECTION 43-21-267, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR CERTAIN SANCTIONS IN THE YOUTH COURT RELATED TO DISCLOSURE OF CERTAIN RECORDS; TO REPEAL SECTION 43-21-305, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR CERTAIN QUESTIONING A CHILD BY A LAW ENFORCEMENT OFFICER IN A PUBLIC PLACE; TO REPEAL SECTION 43-21-703, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE DUTIES OF THE MISSISSIPPI COMMISSION ON A UNIFORM COURT SYSTEM AND PROCEDURES; TO REPEAL SECTIONS 43-21-751, 43-21-753 AND 43-21-755, MISSISSIPPI CODE OF 1972, WHICH CREATES THE TEEN COURT PILOT PROGRAM ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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.
(5) This section does not apply to youth court matters.
SECTION 2. 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 3. 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 Mississippi Youth Court Information Delivery System (MYCIDS);
(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 Mississippi Youth Court Information Delivery System (MYCIDS).
(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, * * *
2029; and
(iv) A list of the companies or agencies that have submitted bids to resolve deficiencies, make improvements or create a new system.
(3) The Administrative Office of Courts shall be appropriated Eight Million Dollars ($8,000,000.00) for a replacement for the Mississippi Youth Court Information Delivery System (MYCIDS) and an additional Seven Hundred Fifty Thousand Dollars ($750,000.00) for data cleanup, effective upon passage of this act.
SECTION 4. 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.
(b) "Judge" means the judge of the Youth Court Division.
* * *
( * * *c) "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.
( * * *d) "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.
( * * *e) "Guardian" means a court-appointed
guardian of the person of a child.
( * * *f) "Custodian" means any
person having the present care or custody of a child whether such person be a
parent or otherwise.
( * * *g) "Legal custodian" means a
court-appointed custodian of the child.
( * * *h) "Delinquent child" means
a child who has reached his tenth birthday and who has committed a delinquent
act.
( * * *i) "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.
( * * *j) "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 the age of ten (10).
( * * *k) "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.
( * * *l) "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.
( * * *m) "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.
( * * *n) "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.
( * * *o) 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.
( * * *p) "Custody" means the
physical possession of the child by any person.
( * * *q) "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.
( * * *r) "Detention" means the
care of children in physically restrictive facilities.
* * *s) "Shelter" means care of
children in physically nonrestrictive facilities.
( * * *t) "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.
( * * *u) "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.
( * * *v) The singular includes the plural,
the plural the singular and the masculine the feminine when consistent with the
intent of this chapter.
( * * *w) "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.
( * * *x) "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.
( * * *y) "Status offense" means
conduct subject to adjudication by the youth court that would not be a crime if
committed by an adult.
( * * *z) "Financially able" means
a parent or child who is ineligible for a court-appointed attorney.
( * * *aa) "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.
( * * *bb) "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.
( * * *cc) "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.
( * * *dd) "Relative" means a
person related to the child by affinity or consanguinity within the third
degree.
( * * *ee) "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.
( * * *ff) "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.
( * * *gg) "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.
(hh) "Intake officer" means an intake officer appointed by the Administrative Office of Courts or responsible for receiving referrals and presenting initial determinations to the intake unit.
(ii) "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.
(jj) "Prepetition guardian" means the adult having actual physical custody of the child prior to removal.
(kk) "Diversion" means a decision made by a person 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, if necessary, provided by governmental units or nongovernmental units. The goal of diversion is to prevent further involvement of the juvenile or child in the formal legal system.
SECTION 5. Section 43-21-115, Mississippi Code of 1972, is amended as follows:
43-21-115. In every youth
court division the judge * * *shall may 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 * * *
any person serving as part of the youth court intake unit is not
already a salaried * * *
employee of the Administrative Office of Courts, 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 amended as follows:
43-21-117. (1) The youth
court prosecutor shall represent the * * * state in all delinquency
proceedings in the youth court. In child welfare cases, the child welfare
agency is the petitioner.
(2) The county prosecuting
attorney or an attorney with the Attorney General's office shall serve
as the youth court prosecutor * * * in delinquency cases. An
attorney for the Mississippi Department of Child Protection Services will file
petitions in child welfare cases.
* * *
( * * *3) All * * *
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 amended as follows:
43-21-119. The judge * * * 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 amended 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) No guardian ad litem shall become involved in any youth court matter prior to a written custody order or the first judicial hearing, whichever occurs first.
( * * *4) 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.
( * * *5) 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 * * * Administrative Office of Courts within the
year immediately preceding such appointment. The * * * Administrative
Office of Courts 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.
( * * *6) 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.
( * * *7) Unless the guardian ad litem is
appointed by the Administrative Office of Courts, 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. Any guardian ad litem not appointed by the Administrative Office
of Courts shall report all fees received to the Administrative Office of
Courts. This provision applies in termination of parental rights as well.
( * * *8) (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 43-21-203, 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 10. 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, * * * the cause, 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 11. 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. Any person who discloses or encourages the
disclosure of any record involving children from the central registry without
following the rules and administrative procedures of the department shall be
subject to the penalty in Section 43-21-267. 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 criminal cases, the
prosecutor or the Attorney General's office shall seek an order placing a
convicted perpetrator on the registry.
( * * *3) 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 12. 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 necessary parties and their attorneys or staff
or officials of the youth court, a guardian ad litem appointed to a child by
the court, or a Court-Appointed Special Advocate (CASA) volunteer who may be
assigned in a dependency, abuse or neglect case * * *
other than to the following persons:
(a) The judge of another youth court or member of another youth court staff;
(b) The court of the parties in a child custody or adoption cause in another court;
(c) A judge of any other court or members of another court staff, including the chancery court that ordered a forensic interview;
(d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court;
(e) 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;
(f) 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;
(g) 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;
(h) 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).
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 unless
otherwise provided in the order. 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 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) * * * The child who is the subject of
a youth court cause shall have the right to have his counsel inspect and copy
any record, report or investigation which is filed with the youth court or
which is to be considered by the youth court at a hearing.
(5) (a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect and copy any law enforcement record involving children.
(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 without order of the youth court for purposes of determination of eligibility for victim compensation benefits.
(6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Child Protection Services without order of the youth court 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.
(7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality.
(8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public.
(9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section 45-33-23, for any violation of Section 41-29-139(a)(1) or for any violation of Section 63-11-30, shall not be held confidential and shall be made available to the public.
(10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only.
(11) 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.
(12) 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.
(13) 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.
(14) The Administrative Office of Courts shall have the right to inspect 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.
(15) 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.
(16) 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 office's youth court data management system known as Mississippi Youth Court Information Delivery System or "MYCIDS."
(17) 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.
(18) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency; however, no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein.
(19) In every case of child abuse or neglect, if a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply. In such cases, the following information may be released by the Mississippi Department of Child Protection Services: the cause of the circumstances regarding the fatality or medically serious or critical physical condition; the age and gender of the child; information describing any previous reports of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition; the result of any such investigations; and the services provided by and actions of the state on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition.
(20) 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.
(21) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court 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.
(22) 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.
(23) Nothing in this section or chapter shall require youth court approval for disclosure of records involving children as defined in Section 43-21-105(u), if the disclosure is made in a criminal matter by a municipal or county prosecutor, a district attorney or statewide prosecutor, pursuant to the Mississippi Rules of Criminal Procedure and the records are disclosed under a protective order issued by the Circuit Court presiding over the criminal matter which incorporates the penalties stated in Section 43-21-267.
(24) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 13. Section 43-21-263, Mississippi Code of 1972, is brought forward 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, at any time, upon its own motion or upon application of a party to a youth court cause, order the sealing or unsealing of the records involving children.
SECTION 14. Section 43-21-307, Mississippi Code of 1972, is amended as follows:
43-21-307. The judge * * * 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 * * *
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 15. Section 43-21-311, Mississippi Code of 1972, is amended 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 * * * 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 * * * 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 * * *. 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 16. 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 must 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
Mississippi Youth Court Information Delivery System (MYCIDS) or a
replacement for * * *
all youth court matters.
(3) Each intake officer
shall receive, at a minimum, * * * twelve (12) hours of annual
training on MYCIDS provided by the * * * Administrative
Office of Courts. The * * * training required under this
subsection shall * * *
include MYCIDS * * * or replacement system training by the
Administrative Office of Courts.
(4) The Mississippi
Judicial College, * * * shall * * * make available training
materials on MYCIDS * * *
provided by the Administrative Office of Courts.
* * *
SECTION 17. 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 giving notice
to the youth court prosecutor in delinquency matters or the Mississippi Department
of Child Protection Services attorney in protection cases within
fourteen (14) days of receiving a completed referral
(investigation report). Within fourteen (14) days
after filing of the intake recommendation, the prosecutor 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 if it is a child welfare matter or to a diversion program if it is a CHINS or delinquency matter by filing notice of same; or
(d) File a petition.
(4) The case closure notice may be reviewable by the youth court within thirty (30) days on motion by the Department of Child Protection Services, the Attorney General's office, or the court's own motion. Nothing in this section shall change the timelines relating to the filing of a petition once the youth court has issued a custody order pursuant to Section 43-21-301.
( * * *5) If the preliminary inquiry
discloses that a child needs emergency medical treatment, the judge may order
the necessary treatment.
SECTION 18. Section 43-21-405, Mississippi Code of 1972, is amended as follows:
43-21-405. (1) The
informal adjustment process shall be initiated with an informal adjustment
conference conducted by an informal adjustment counselor appointed by the judge * * *.
(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) 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 19. 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 20. Section 43-21-451, Mississippi Code of 1972, is amended as follows:
43-21-451. 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 by the youth court prosecutor * * * in delinquency proceedings and by
the Mississippi Department of Child Protection Services in child welfare cases.
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 21. Section 43-21-501, Mississippi Code of 1972, is amended as follows:
43-21-501. When a petition
has been filed and the date of hearing has been set by the youth court, the
judge * * *
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; and
(e) Any other person whom the court deems necessary.
SECTION 22. 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 his or her 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 his or her parent(s). The court shall conduct permanency hearings pursuant to Section 43-21-613.
( * * *c) Place the child * * * with his or her
parents, a relative or other person subject to any conditions and limitations
as the court may prescribe. The court shall conduct permanency hearings
pursuant to Section 43-21-613. 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 through its designee 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) 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 23. Section 43-21-613, Mississippi Code of 1972, is amended 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 every ninety (90) day 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.
(4) The provisions of this section do not apply to proceedings concerning durable legal relative guardianship.
SECTION 24. 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 25. 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 26. 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 * * * 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.
* * *
( * * *2) * * * Each youth
court judge shall attend annual youth court training provided by the Administrative
Office of Courts in coordination with the Judicial College, in addition, to any
other required judicial training. The Administrative Office of Courts
shall maintain records of all * * * youth court judges regarding such
training and shall * * * report to the Mississippi Supreme Court and the
Mississippi Judicial Performance Commission annually regarding any youth court
judges who failed to attend annual training.
* * *
( * * *3) The provisions of this section
shall stand repealed on July 1, * * * 2029.
SECTION 27. 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 or family court judges of the various court districts * * * 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, * * *2026 2029.
SECTION 28. 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
the guardian ad litem is not appointed by the Administrative Office of Courts,
guardian ad litem fees shall be determined * * * in the discretion of the court and
assessed to the county.
(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 29. 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 30. (1) As used in this section, the term "youth court 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:
(b) Any dispositional hearing; or
(c) Any hearing in a proceeding, except as otherwise provided in subsection (3) of this section.
(3) The court may close a youth court hearing only upon making a finding upon the record and issuing a signed order stating the reason or reasons for closing all or part of a hearing in such proceeding and stating that:
(a) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense; or
(b) It is in the best interests of the child. 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 or exclude a person from a hearing 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 hearing on the record and issuing 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; provided, however, that when the conduct alleged in the proceeding could give rise to a criminal or delinquent act prosecution, 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 issuing a signed order that the person's presence at the hearing would:
(a) Be detrimental to the best interests of the child who is a party to the proceeding;
(b) Impair the fact-finding process; or
(c) 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 (2) days in advance of the hearing.
(8) The judge may order the media not to release identifying information concerning any child, family members, or foster parent or other caretaker of a child involved in hearings open to the public.
SECTION 31. (1) (a) The Legislature declares its intent to establish the statewide Youth Diversion Program (YDP) for youth who come into contact with the Youth Court system as a Child In Need of Supervision (CHINS) or due to a delinquent act. The YDP shall cost effectively divert youth who are not a public safety risk from court involvement thereby reducing youth recidivism, connecting youth and their families to needed services in a timely manner, promoting accountability by supporting the rights of victims and healing any harm caused to victims and communities through restorative practices, and reducing costs within the juvenile justice system.
(b) Research has shown that court involvement for youth who are not identified as a risk of harm to others can increase youth recidivism and negatively effect their education and opportunity to become productive adults. Most low risk youth grow out of their behavior and stop reoffending without system intervention.
(c) The goals of the YDP are to:
(i) Prevent involvement of youth in the formal legal system;
(ii) Provide youth who are low risk to reoffend with cost-effective services as an alternative to court involvement, including youth who demonstrate behaviors or symptoms consistent with an intellectual and developmental disability, a mental or behavioral health issue, lack of mental capacity to stand trial, and youth with family, educational, or other issues that are not primarily public safety related.
(iii) Serve the best interest of youth and community safety while emphasizing the youth's acceptance of responsibility and repairing any harm caused to victims and communities;
(iv) Reduce unnecessary court costs and ensure the formal court system is prioritized for youth that require more intensive supervision and services.
(2) Consistent with public safety, youth rehabilitation, and accountability, youth shall be eligible for the YDP as follows:
(a) All youth who commit a first or second time CHINS offense or first time misdemeanor delinquent offense other than one involving violence are automatically eligible for YDP. Upon referral to Youth Court, Youth Court Intake staff shall conduct a criminal history review and refer all eligible youth directly to the Mississippi Department of Human Services Division of Youth Services (DYS) for YDP participation.
(b) No youth shall be denied diversion and participation in the YDP due to the youth's:
(i) Ability to pay;
(ii) Previous or current involvement with the state or county departments of human or social services;
(iii) Age, race or ethnicity, gender, gender identity, gender expression or sexual orientation;
(iv) Legal representation;
(v) Geographic location, including the availability of specific types of services; or
(vi) 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.
(3) The Division of Youth Services of the Department of Human Services, referred to in this section as DYS, is authorized to oversee and administer the YDP. To effectuate the program, DYS shall do the following for all eligible youth referred to the YDP by Youth Court Intake, pre-petition:
(a) On and after January 1, 2027, conduct a risk screening using a validated risk screening and mental health screening for all youth referred from Intake to DYS for participation in the YDP. These screenings must be completed within forty-eight (48) hours of referral and be completed by a DYS staff member who is trained in these tools.
(b) Use the results of the risk and needs screening tools to inform decisions on diversion programming and services for youth and their families. DYS shall make the results of the risk screening available to the youth and the youth's family and engage in a meeting with them to discuss and obtain their feedback on the service plan, expectations, and terms of the diversion.
The risk and mental health screening tools and any information obtained from a youth in the course of any screening, including any admission, confession, or incriminating evidence in conjunction with proceedings pursuant to this section or made in order to participate in the YDP is not admissible into evidence in any adjudicatory hearing in which the youth is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.
(c) Provide supervision to youth in the diversion program, tailored to their risk of reoffending and service needs, for a period of time not to exceed four (4) months, with a single, two (2) month extension allowable for youth struggling to engage with diversion programming/comply with diversion conditions.
(d) Connect youth to diversion programming aligned with the youth's assessed risk and needs, including, but not limited to, the provision of diagnostic behavioral health assessments, cognitive behavioral and family therapy, behavioral health services, services for youth with developmental disabilities, specialized tutoring, job training and placement, truancy reduction, restorative programs, mentoring, credible messengers, youth and family advocates, day reporting and day treatment programs, and follow up activities.
(e) For youth who are, or their families are, involved with the child protection or mental health system at the time of referral to YDP, DYS shall organize a meeting within two (2) weeks of the referral with the youth, family, and all state or local agency representatives and service providers involved with the case to discuss and coordinate case planning and service activities.
(f) For youth that are assessed moderate or high risk to reoffend, monitor engagement with diversion services and compliance with general diversion conditions. If youth exhibit continued concerning behaviors while on YDP that rise to the level of public safety risk, DYS shall determine whether the youth should be referred back to Youth Court for an intake and petition decision.
(3) The Division of Youth Services of the Department of Human Services shall provide for services for youth participating in the YDP through the following methods:
(a) Contract for community-based services specifically for youth participating in the YDP using funding that the Legislature designates for this purpose. Services shall include, but not be limited to, the provision of diagnostic behavioral health assessments, cognitive behavioral and family therapy, behavioral health services, services for youth with developmental disabilities, specialized tutoring, job training and placement, truancy reduction, restorative programs, mentoring, credible messengers, youth and family advocates, day reporting and day treatment programs, and follow-up activities.
(i) DYS shall ensure that procured services are available to serve youth participating in the YDP in all Youth Courts statewide, including in rural communities.
(ii) DYS shall procure YDP services through a competitive request for proposal process that prioritizes the use of evidence-based and promising programs and interventions, providers with experience serving at risk or justice involved youth and cost-effective public safety interventions.
(iii) To support this process, DYS shall establish, post, and share formal procurement notices in accordance with state law for all YDP services, identify and publish objective proposal review and scoring criteria, and include an independent proposal review panel of at least three (3) people, with members having no direct affiliation or funding relationship with DYS.
(iv) DYS shall have final authority to make funding determinations.
(b) On a quarterly basis, DYS shall convene with state agency representatives including, but not limited to, Child Protection Services, Department of Education, Department of Mental Health, Division of Medicaid, Administrative Office of Courts, and the Chair of the Youth Court Judges Council to discuss coordination of available services, funding, and programming for youth participating in the YDP. This shall include efforts to ensure YDP funding and procurement processes address gaps in existing services for youth and that DYS is aware of and fully utilizes resources and programs from other state agencies for youth services as appropriate.
(4) The Division of Youth Services of the Department of Human Services shall provide ongoing oversight and quality assurance of the YDP and contracted services to promote transparency, accountability, cost effectiveness, and improved public safety and youth outcomes. This shall include:
(a) Establish minimum data collection requirements and performance measures for all contracted service providers, including, but not limited to: number and demographics of youth served; program utilization; average length of time in services; services provided; successful program completion rates and reasons for unsuccessful completion; and youth outcomes.
(b) Conduct at least annual "monitoring reviews" of all contracted service providers to include a review of provider referral criteria and program utilization, case planning and service policies and procedures, youth engagement and service activities, staffing, program administration and expenditures.
(c) Provide at least annual juvenile justice best practice training to all contracted providers, as well as all Division of Youth Services staff supervising YDP cases, such as on adolescent development, risk, need, responsivity, youth engagement and effective services.
(d) Establish performance metrics and data collection and reporting methods for the YDP overall including, but not limited to, the number of youth referred; demographics; offenses; risk screening results; mental health screening results; length of time on supervision; services provided and utilization of services; program expenditures; successful completion rates; reasons for unsuccessful completion; and number of youth referred back to Youth Court Intake for a petition decision.
(5) DYS shall compile information on the YDP and contracted services and provide a report to the Legislature annually, with the first report due January 1, 2028.
SECTION 32. (1) There is established the Family Services Roundtable for Mississippi Children, Youth, and Families ("Roundtable"). The role of the Roundtable is to facilitate collaborative planning and services for children, youth, and families referred to Mississippi youth courts for either child welfare or juvenile justice matters. The objective is to achieve better outcomes for children and families by fostering a community of collaboration between the child welfare and juvenile justice systems and to serve as a place for respectful deliberation and consensus building on strategies that will have the greatest impact on well being, safety, and justice for Mississippi children, youth, and families.
(2) The Roundtable shall:
(a) Develop and maintain a statewide resource directory/online platform that details available community based services for youth at risk of child welfare or juvenile justice involvement, including truancy. The resource shall include program type, eligibility, funding source, and referral contacts;
(b) Identify and implement strategies to better coordinate and leverage Medicaid, Family First Prevention Services Act, Title IV E of the Social Security Act, and other federal and state funding sources to support and pilot evidence-based, community-based alternatives to placement programs for youth at risk of entering foster care or juvenile justice placement;
(c) Make recommendations for statutory changes and administrative processes for strengthening cross system responses for youth involved in the child protection and juvenile justice systems, including identifying evidence-based tools for early identification and referral of youth and families for substance abuse treatment and early identification and referral of youth having contact with both the child welfare and juvenile justice systems;
(d) Determine how to maximize federal funding streams, including determining which, if any, state plans need to be amended, which agency plans, if any, need to be amended, and what agreements, if any, need to be entered for cross-agency collaboration and for obtaining high quality independent legal representation;
(e) Track services provided and outcomes including, but not limited to, populations served by each service provider, cost for those services, cost comparisons across the range of similar service providers, program outcomes (success rate, lack of success, and cost v. benefit analysis), areas of the state in which services are offered, and community needs as identified by Roundtable members and supported with agency and youth court data;
(f) Review anonymized data collected by youth courts and agencies that is related to children, youth, and families referred to Mississippi youth courts, develop processes for regular data reporting, analysis, and sharing across agencies and courts involved with children, youth, and families referred to Mississippi youth courts; and
(g) Address any other issues related to providing services to children, youth, and families referred to Mississippi youth courts.
(3) The Roundtable shall consist of the following members:
(a) One (1) chancery court judge, to be appointed by the Chief Justice of the Mississippi Supreme Court;
(b) One (1) circuit court judge who presides over an adult intervention court, to be appointed by the Chief Justice of the Mississippi Supreme Court;
(c) One (1) youth court judge who presides over a juvenile intervention court, to be appointed by the Chief Justice of the Mississippi Supreme Court;
(d) One (1) member of the Mississippi House of Representatives to be appointed by the Speaker of the House;
(e) One (1) member of the Mississippi Senate to be appointed by the Lieutenant Governor;
(f) The directors of the following state agencies or entities, or their designated representatives, and two (2) key employees familiar with federal funding streams, other than the director or commissioner of each agency or entity: the Mississippi Department of Human Services, the Mississippi Department of Health, the Mississippi Department of Mental Health, the Mississippi Department of Public Safety, the Mississippi Department of Education, the Division of Medicaid, the Administrative Office of Courts, the Office of the Attorney General, the Office of the State Public Defender, the Mississippi Department of Child Protection Services, three (3) representatives from public housing agencies to be appointed by the Chief Justice of the Mississippi Supreme Court; and
(g) The director or a designated representative of the Governor's Office of Federal State Programs.
(4) The members shall be appointed to the Roundtable within fifteen (15) days of July 1, 2026, and shall serve until the end of their respective terms of office, if applicable, or until October 1, 2030, whichever occurs first. Vacancies on the Roundtable shall be filled in the manner of the original appointment. Members shall be eligible for reappointment provided that upon such reappointment they meet the qualifications required of a new appointee.
(5) The Roundtable must meet within sixty (60) days of the effective date of this act upon call of the Chief Justice of the Mississippi Supreme Court, and at its first meeting may elect any officers from among its membership as it deems necessary for the efficient discharge of the Roundtable's duties.
(6) The Roundtable shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business. Twenty-three (23) or more members shall constitute a quorum for the purpose of conducting any business of the Roundtable; provided, however, a vote of not less than twenty-six (26) members shall be required for any recommendations to the Legislature.
(7) Members of the Roundtable shall serve without compensation, except that state and county employees and officers shall receive any per diem as authorized by law from appropriations available to their respective agencies or political subdivisions. All Roundtable members shall be entitled to receive reimbursement for any actual and reasonable expenses incurred as a necessary incident to service on the Roundtable, including mileage as provided by law.
(8) The Roundtable may employ any consultants it deems necessary, including consultants to compile any demographic data needed to accomplish the duties of the Roundtable.
(9) The Administrative Office of Courts will staff the Roundtable and perform the duties which the Roundtable directs.
(10) The Roundtable may contract for suitable office space in accordance with the provisions of Section 29-5-2. In addition, the Roundtable may utilize, with their consent, the services, equipment, personnel, information and resources of other state agencies; and may accept voluntary and uncompensated services, contract with individuals, public and private agencies, and request information, reports and data from any agency of the state, or any of its political subdivisions, to the extent authorized by law.
(11) In order to conduct and carry out its purposes, duties, and related activities as provided for in this section, the Roundtable is authorized to apply for and accept gifts, grants, subsidies, and other funds from persons, corporations, foundations, the United States government or other entities, provided that the receipt of such gifts, grants, subsidies, and funds shall be reported and otherwise accounted for in the manner provided by law.
(12) The Roundtable shall report annually to the Legislature, addressing all matters set out in subsection (2) of this section. The Roundtable's report shall be due January 15, 2027, and January 15 of each year thereafter.
SECTION 33. Section 43-21-111, Mississippi Code of 1972, which provides for regular and special referees in youth court, is hereby repealed.
SECTION 34. Section 43-21-125, Mississippi Code of 1972, which creates the Mississippi Council of Youth Court Judges, is hereby repealed.
SECTION 35. Section 43-21-267, Mississippi Code of 1972, which provides for certain sanctions regarding certain disclosure of youth court records, is hereby repealed.
SECTION 36. Section 43-21-305, Mississippi Code of 1972, which provides certain questioning of a child in a public place by a law enforcement officer, is hereby repealed.
SECTION 37. Section 43-21-703, Mississippi Code of 1972, which provides the duties of the Mississippi Commission on a Uniform Court System and Procedures, is hereby repealed.
SECTION 38. Sections 43-21-751, 43-32-753 and 43-21-755, Mississippi Code of 1972, which creates the Teen Court Pilot Program Act, is hereby repealed.
SECTION 39. This act shall take effect and be in force from and after July 1, 2026.
