Bill Text: MS SB2001 | 2026 | 1st Special Session | Engrossed
Bill Title: The Mississippi Youth Court Reform Act of 2026; enact.
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2026-07-17 - Approved by Governor [SB2001 Detail]
Download: Mississippi-2026-SB2001-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 1st Extraordinary Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2001
(As Passed the Senate)
AN ACT TO ENACT THE MISSISSIPPI YOUTH COURT REFORM ACT OF 2026; TO AMEND SECTION 43-21-103, MISSISSIPPI CODE OF 1972, TO RECOGNIZE THE UNIFORM RULES OF YOUTH COURT PRACTICE; TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS "YOUTH COURT" AND "JUDGE"; TO DELETE THE TERM "DESIGNEE"; TO DEFINE THE TERMS "INTAKE OFFICER," "INTAKE UNIT," "PRE-PETITION GUARDIAN," "DIVERSION," "DATA MANAGEMENT SYSTEM," "YOUTH COURT PROSECUTOR," "CHILD WELFARE MATTER," "DELINQUENCY MATTER," AND "YOUTH COURT PROCEEDING"; TO AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE CREATION OF ANY COUNTY YOUTH COURT AFTER THE EFFECTIVE DATE OF THIS ACT; TO CREATE A YOUTH COURT DIVISION AS A DIVISION OF THE CHANCERY COURT OF EACH COUNTY IN WHICH THE YOUTH COURT DIVISION OF THE COUNTY COURT HAS BEEN ABOLISHED; TO DELETE THE AUTHORITY FOR THE CREATION OF A YOUTH COURT DIVISION AS A DIVISION OF THE MUNICIPAL COURT IN ANY CITY; TO REQUIRE FROM AND AFTER JANUARY 1, 2031, THAT EACH YOUTH COURT DIVISION OF A COUNTY COURT HAS A COUNTY COURT JUDGE THAT EXCLUSIVELY HANDLES YOUTH COURT MATTERS AND CASES; TO ABOLISH EACH YOUTH COURT DIVISION OF A COUNTY COURT UNLESS THE COUNTY OPTS OUT OF THE PROVISION AND NOTIFIES THE ADMINISTRATIVE OFFICE OF COURTS BEFORE DECEMBER 1, 2028, OF ITS INTENT TO CONTINUE TO MAINTAIN A YOUTH COURT DIVISION OF THE COUNTY COURT AT ITS OWN EXPENSE OTHER THAN THE SALARY SUPPLEMENT RECEIVED BY THE COUNTY PURSUANT TO SECTION 9-9-11; TO DELETE THE AUTHORITY OF THE SENIOR CHANCELLOR TO APPOINT ANOTHER JUDGE IN THE YOUTH COURT DIVISION OF THE CHANCERY COURT; TO PROVIDE THAT ANY CHANCELLOR IN THE DISTRICT SHALL BE THE JUDGE SO THAT ALL YOUTH COURT MATTERS ARE HEARD AND DISPOSED OF BY A FULL-TIME JUDGE; TO CREATE CHANCELLORSHIPS IN CERTAIN CHANCERY DISTRICTS; TO PROVIDE THE PROCEDURE FOR THE FILLING OF THE JUDICIAL VACANCY CREATED BY THIS ACT; TO REPEAL SECTION 43-21-111, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES REGULAR OR SPECIAL YOUTH COURT REFEREES ON JULY 1, 2027; TO REPEAL SECTION 43-21-115, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE APPOINTMENT OF CERTAIN PERSONS TO FUNCTION AS THE INTAKE UNIT FOR YOUTH COURT ON JULY 1, 2027; TO AMEND SECTION 43-21-117, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT PROSECUTOR SHALL REPRESENT THE STATE IN ALL DELINQUENCY PROCEEDINGS; TO PROVIDE THAT THE CHILD WELFARE AGENCY SHALL REPRESENT THE PETITION IN CHILD WELFARE MATTERS; TO PROVIDE THAT THE COUNTY PROSECUTING ATTORNEY IN DELINQUENCY MATTERS SHALL SERVE AS THE YOUTH COURT PROSECUTOR; TO REPEAL SECTION 43-21-125, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI COUNCIL OF YOUTH COURT JUDGES; TO CREATE NEW SECTION 43-21-126, MISSISSIPPI CODE OF 1972, TO CREATE THE FAMILY SERVICES FORUM FOR MISSISSIPPI CHILDREN, YOUTH, AND FAMILIES; TO SET FORTH THE MEMBERSHIP, DUTIES, AND PROCEDURES OF THE FORUM; TO AMEND SECTION 43-21-203, MISSISSIPPI CODE OF 1972, TO DELETE LANGUAGE THAT PROHIBITS THE GENERAL PUBLIC FROM YOUTH COURT HEARINGS; TO PROVIDE THAT IF AN ORAL ORDER IS NOT REDUCED TO WRITING WITHIN THE REQUIRED TIME PERIOD THAT THE ORDER IS NULL AND VOID; TO CREATE NEW SECTION 43-21-204, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE GENERAL PUBLIC SHALL BE ADMITTED TO ANY HEARING IN A YOUTH COURT PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY ADJUDICATORY HEARING OR ANY DISPOSITIONAL HEARING WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT THE COURT MAY CLOSE A YOUTH COURT HEARING IN ANY WELFARE MATTER AFTER A FINDING ON THE RECORD STATING THE REASON OR REASONS FOR CLOSING ALL OR PART OF A HEARING IN A YOUTH COURT PROCEEDING; TO AUTHORIZE THE YOUTH COURT TO CLOSE ANY HEARING IN ANY DELINQUENCY MATTER WITHOUT A FINDING ON THE RECORD; TO AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF THE OFFICE OF YOUTH SERVICES WITHIN THE DEPARTMENT OF HUMAN SERVICES TO MAINTAIN A STATE CENTRAL REGISTRY; TO DELETE LANGUAGE TO CONFORM TO THE REPEAL OF SECTION 43-21-267; TO DIRECT THE APPROPRIATE ENTITY TO SEEK A COURT ORDER TO PLACE A PERPETRATOR ON THE REGISTRY IN EVERY CASE IN WHICH THE AGENCY IS INVOLVED AND IN WHICH THE COURT SUBSTANTIATES ABUSE OR NEGLECT; TO REENACT AND AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO REVISE THE DISCLOSURE OF YOUTH COURT RECORDS; TO DELETE LANGUAGE REQUIRING A COURT ORDER TO DISCLOSE YOUTH COURT RECORDS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO CREATE NEW SECTION 43-21-262, MISSISSIPPI CODE OF 1972, TO GOVERN THE DISCLOSURE OF A FORENSIC INTERVIEW AND RELATED RECORDS; TO AMEND SECTION 43-21-263, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPUNGEMENT OF RECORDS INVOLVING CHILDREN ADJUDICATED DELINQUENT OR IN NEED OF SUPERVISION; TO REPEAL SECTION 43-21-267, MISSISSIPPI CODE OF 1972, WHICH CREATES A CRIMINAL PENALTY FOR THE DISCLOSURE OF CERTAIN RECORDS; TO REPEAL SECTION 43-21-305, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES A LAW ENFORCEMENT OFFICER TO STOP AND QUESTION CERTAIN CHILDREN IN PUBLIC; TO REENACT AND AMEND SECTION 43-21-351, MISSISSIPPI CODE OF 1972, TO REQUIRE DELINQUENCY REPORTS TO INCLUDE EITHER A LAW ENFORCEMENT REPORT OR A SWORN AFFIDAVIT; TO INCREASE THE ANNUAL REQUIRED HOURS OF TRAINING FOR AN INTAKE OFFICER; TO REQUIRE THE TRAINING TO BE PROVIDED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 43-21-353, MISSISSIPPI CODE OF 1972, TO REVISE THE FINAL DISPOSITIONS OF LAW ENFORCEMENT INVESTIGATIONS AND INVESTIGATIONS BY THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT INTAKE OFFICER UPON RECEIVING A NEGLECT OR ABUSE REPORT TO FILE A RECOMMENDATION AND GIVE NOTICE TO THE APPROPRIATE ENTITY WITHIN A CERTAIN TIMEFRAME; TO REQUIRE THE YOUTH COURT PROSECUTOR, WITHIN A CERTAIN TIMEFRAME, IN DELINQUENCY MATTERS TO TAKE CERTAIN ACTIONS; TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES OR THE YOUTH COURT PROSECUTOR, WITHIN A CERTAIN TIMEFRAME, IN CHILD WELFARE MATTERS TO TAKE CERTAIN ACTIONS; TO PROVIDE THAT A CASE CLOSURE NOTICE SHALL BE REVIEWABLE BY THE YOUTH COURT FOR 30 DAYS AFTER THE ENTRY OF THE NOTICE BY THE COURT, THE YOUTH COURT PROSECUTOR, OR THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO PROHIBIT INTAKE OFFICERS, YOUTH COURT PROSECUTORS, THE MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES, OR PERSONNEL OR CONTRACTORS OF ANY STATE AGENCY FROM COMMUNICATING WITH A YOUTH COURT CONCERNING A YOUTH COURT CASE OR MATTER UNTIL AUTHORIZED BY THIS CHAPTER; TO AMEND SECTION 43-21-401, MISSISSIPPI CODE OF 1972, TO REMOVE YOUTH COURT REVIEW FROM AN INFORMAL ADJUSTMENT; TO AMEND SECTION 43-21-405, MISSISSIPPI CODE OF 1972, TO DIRECT THAT THE INFORMAL ADJUSTMENT COUNSELOR SHALL BE ASSIGNED BY THE DIVISION OF YOUTH SERVICES WITHIN THE DEPARTMENT OF HUMAN SERVICES; TO CREATE NEW SECTION 43-21-409, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH AND ADMINISTER A YOUTH DIVERSION PROGRAM THAT SEEKS TO DIVERT YOUTH FROM THE YOUTH JUSTICE SYSTEM AND INTEGRATE SMART PRACTICES; TO AMEND SECTION 43-21-451, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF COURT AUTHORIZATION TO DRAFT AND FILE A PETITION; TO REQUIRE THE SAME TIMEFRAME FOR FILING A PETITION FOR ALL CASES; TO AMEND SECTION 43-21-455, MISSISSIPPI CODE OF 1972, TO REQUIRE CITATION OF A STATUTE AND A STATEMENT OF INTENT UNDER CERTAIN CIRCUMSTANCES IN PETITIONS ALLEGING NEGLECT OR ABUSE; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO BE SUMMONSED ONLY IN CHILD WELFARE MATTERS; TO AMEND SECTION 43-21-505, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SERVICE OF SUMMONS MUST CONFORM TO THE UNIFORM RULES OF YOUTH COURT PRACTICE OR THE RULES OF CIVIL PROCEDURE; TO AMEND SECTION 43-21-557, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO EXPLAIN TO THE PARTIES THE FULL RANGE OF POSSIBLE DISPOSITIONAL ALTERNATIVES AT THE BEGINNING OF EACH ADJUDICATORY HEARING; TO AMEND SECTION 43-21-603, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT REASONABLE EFFORTS TO MAINTAIN A CHILD WITHIN HIS HOME SHALL NOT BE BYPASSED UNDER SUBSECTION (7)(C) OF THIS SECTION UNLESS THE PARENT HAS RECEIVED THE REQUIRED NOTICE WITHIN THE PETITION; TO AMEND SECTION 43-21-609, MISSISSIPPI CODE OF 1972, TO REVISE THE ALTERNATIVES OF THE DISPOSITION ORDER IN NEGLECT AND ABUSE CASES; TO AMEND SECTION 43-21-613, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COURT TO CONDUCT A SHELTER REVIEW HEARING WITHIN A CERTAIN PERIOD OF DAYS OF REMOVAL IF THERE HAS BEEN NO ADJUDICATION AND WITHIN A CERTAIN PERIOD OF DAYS THEREAFTER UNTIL ADJUDICATION; TO AMEND SECTION 43-21-621, MISSISSIPPI CODE OF 1972, TO REMOVE AN OUTDATED REPORTING REQUIREMENT OF THE ADMINISTRATIVE OFFICE OF COURTS RELATED TO JUVENILES REPORTED TO PRINCIPALS; TO AMEND SECTION 43-21-625, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP AND IMPLEMENT A WILDERNESS TRAINING PROGRAM FOR FIRST TIME YOUTH OFFENDERS BY DELETING THE WORD "SHALL" AND INSERTING THE WORD "MAY" IN LIEU THEREOF; TO REPEAL SECTION 43-21-701, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEMS AND PROCEDURES; TO REPEAL SECTION 43-21-703, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE DUTIES OF THE MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEMS AND PROCEDURES; TO REPEAL SECTION 43-21-751, MISSISSIPPI CODE OF 1972, WHICH COMPRISES THE TEEN COURT PILOT PROGRAM ACT; TO REENACT AND AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO REVISE THE YOUTH COURT SUPPORT PROGRAM TO PROVIDE THAT, SUBJECT TO APPROPRIATION BY THE LEGISLATURE, THE ADMINISTRATIVE OFFICE OF COURTS SHALL PROVIDE YOUTH COURT INTAKE OFFICERS AND ONE COURT ADMINISTRATOR TO EACH YOUTH COURT IN THE STATE; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 43-27-20, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE DIRECTOR OF THE OFFICE OF COMMUNITY SERVICES; TO REVISE THE DUTIES OF THE DIVISION OF YOUTH SERVICES; TO REQUIRE THE OFFICE OF COMMUNITY SERVICES TO MAINTAIN DATA REGARDING THE DIVISION OF YOUTH SERVICES; TO REENACT AND AMEND SECTION 45-33-61, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE DEFINITION OF THE TERM "DATA MANAGEMENT SYSTEM"; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 9-5-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHANCERY CLERK TO PREPARE AND FORWARD CERTAIN INFORMATION RELATED TO GUARDIANS AD LITEM FOR EVERY CASE, INCLUDING YOUTH COURT CASES, WHERE THE GUARDIAN AD LITEM FEE EXCEEDS $1,000.00; TO AMEND SECTION 9-21-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO DESIGNATE AND IMPLEMENT A UNIFORM YOUTH COURT DATA MANAGEMENT SYSTEM TO REPLACE THE MISSISSIPPI YOUTH COURT INFORMATION DELIVERY SYSTEM (MYCIDS) IN ACCORDANCE WITH THE RECOMMENDATIONS FROM ITS COMPLETED AUDIT OF MYCIDS IN A MANNER THAT RESULTS IN A FULLY OPERATIONAL UNIFORM YOUTH COURT DATA MANAGEMENT SYSTEM BY JULY 1, 2029; TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO FILE ANNUAL REPORTS UNTIL A CERTAIN DATE; TO AUTHORIZE A THIRD-PARTY FACILITATOR; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT SHALL BE THE EXCLUSIVE VENUE FOR ENFORCEMENT OF THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW FOR A COMPULSORY -SCHOOL-AGE CHILD; TO DIRECT THE TRANSFER OF THE CAUSES AND DOCKET OF EACH REGULAR OR SPECIAL YOUTH COURT REFEREE NO LATER THAN JULY 1, 2027; TO AMEND SECTIONS 43-21-119, 43-21-121, 43-21-123, 43-21-159, 43-21-201, 43-21-251, 43-21-255, 43-21-259, 43-21-301, 43-21-303, 43-21-307, 43-21-311, 43-21-323, 43-21-407, 43-21-605, 43-21-607, 43-21-753, 9-5-165, AND 19-9-96, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTIONS 93-31-1, 93-31-5, AND 93-31-7, MISSISSIPPI CODE OF 1972, WHICH ARE THE REMAINING PROVISIONS OF THE SUPPORTING AND STRENGTHENING FAMILIES ACT TO CONFORM TO THE REPEAL OF SECTION 93-31-3; TO REQUIRE THE COUNTY TO PAY A CERTAIN PER DIEM FOR YOUTH HOUSED IN STATE-OWNED YOUTH DETENTION FACILITIES AFTER A SHELTER OR DETENTION HEARING; TO AMEND SECTION 9-5-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE NINETEENTH CHANCERY COURT DISTRICT MAY BE DIVIDED INTO SEPARATE DIVISIONS FOR THE EFFICIENT HANDLING OF CASES BASED ON SUBJECT MATTER, JUDICIAL ECONOMY, OR OTHER FACTORS BY ENTRY OF AN ORDER UPON THE MINUTES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Youth Court Reform Act of 2026."
SECTION 2. Section 43-21-103, Mississippi Code of 1972, is amended as follows:
43-21-103. (1) This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable and productive citizen, and that each such child shall receive such care, guidance and control, preferably in such child's own home as is conducive toward that end and is in the state's and the child's best interest. It is the public policy of this state that the parents of each child shall be primarily responsible for the care, support, education and welfare of such children; however, when it is necessary that a child be removed from the control of such child's parents, the youth court shall secure proper care for such child.
(2) (a) The Legislature recognizes the Uniform Rules of Youth Court Practice. A youth court judge shall seek to harmonize the provisions of the Youth Court Law with the Uniform Rules of Youth Court Practice in a manner that prioritizes and promotes the best interests of the child.
(b) If a conflict between the Uniform Rules of Youth Court Practice and a provision of this act amending the Youth Court Law cannot be harmonized, this act shall control.
SECTION 3. Section 43-21-105, Mississippi Code of 1972, is amended as follows:
43-21-105. The following words and phrases, for purposes of this chapter, shall have the meanings ascribed herein unless the context clearly otherwise requires:
(a) "Youth court" means the youth court division as provided in Section 43-21-107.
(b) "Judge" means the judge of the youth court division as provided in Section 43-21-107.
(c) [Until July 1, 2027, this paragraph (c) shall read as follows:] "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement or who is an employee of the Mississippi Department of Human Services or the Mississippi Department of Child Protection Services to be his designee.
(c) [From and
after July 1, 2027, this paragraph (c) shall read as follows:] * * *
[Deleted]
(d) "Child" and "youth" are synonymous, and each means a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
(e) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted.
(f) "Guardian" means a court-appointed guardian of the person of a child.
(g) "Custodian" means any person having the present care or custody of a child whether such person be a parent or otherwise.
(h) "Legal custodian" means a court-appointed custodian of the child.
(i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act.
(j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior.
(k) "Child in need of supervision" means a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
(i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
(ii) While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or
(iii) Runs away from home without good cause; or
(iv) Has committed a delinquent act or acts.
(l) "Neglected child" means a child:
(i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or
(ii) Who is otherwise without proper care, custody, supervision or support; or
(iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or
(iv) Who is not provided by the child's parent, guardian or custodian, with food, clothing, or shelter necessary to sustain the life or health of the child, excluding such failure caused primarily by financial inability unless relief services have been offered and refused and the child is in imminent risk of harm.
(m) "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section. "Abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.
(n) "Sexual abuse" means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened.
(o) "A child in need of special care" means a child with any mental or physical illness that cannot be treated with the dispositional alternatives ordinarily available to the youth court.
(p) A "dependent child" means any child who is not a child in need of supervision, a delinquent child, an abused child or a neglected child, and which child has been voluntarily placed in the custody of the Department of Child Protection Services by his parent, guardian or custodian.
(q) "Custody" means the physical possession of the child by any person.
(r) "Legal custody" means the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person.
(s) "Detention" means the care of children in physically restrictive facilities.
(t) "Shelter" means care of children in physically nonrestrictive facilities.
(u) "Records involving children" means any of the following from which the child can be identified:
(i) All youth court records as defined in Section 43-21-251;
(ii) All forensic interviews conducted by a child advocacy center in abuse and neglect investigations;
(iii) All law enforcement records as defined in Section 43-21-255;
(iv) All agency records as defined in Section 43-21-257; and
(v) All other documents maintained by any representative of the state, county, municipality or other public agency insofar as they relate to the apprehension, custody, adjudication or disposition of a child who is the subject of a youth court cause.
(v) "Any person responsible for care or support" means the person who is providing for the child at a given time. This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services or the Department of Child Protection Services.
(w) The singular includes the plural, the plural the singular and the masculine the feminine when consistent with the intent of this chapter.
(x) "Out-of-home" setting means the temporary supervision or care of children by the staff of licensed day care centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
(y) "Durable legal custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties as enumerated are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children.
(z) "Status offense" means conduct subject to adjudication by the youth court that would not be a crime if committed by an adult.
(aa) "Financially able" means a parent or child who is ineligible for a court-appointed attorney.
(bb) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological or psychiatric evaluation, records review, clinical interview or the administration of a formal test and instrument.
(cc) "Screening" means a process, with or without the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment.
(dd) "Durable legal relative guardianship" means the legal status created by a youth court order that conveys the physical and legal custody of a child or children by durable legal guardianship to a relative or fictive kin who is licensed as a foster or resource parent.
(ee) "Relative" means a person related to the child by affinity or consanguinity within the third degree.
(ff) "Fictive kin" means a person not related to the child legally or biologically but who is considered a relative due to a significant, familial-like and ongoing relationship with the child and family, including adults related beyond the third degree, godparents, friends of the family, or other adults who have a strong familial bond with the child.
(gg) "Reasonable efforts" means the exercise of reasonable care and due diligence by the Department of Human Services, the Department of Child Protection Services, or any other appropriate entity or person to use services appropriate to the child's background, accessible, and available to meet the individualized needs of the child and child's family to prevent removal and reunify the family as soon as safely possible consistent with the best interests of the child. Reasonable efforts must be made in collaboration with the family and must address the individualized needs of the family that brought the child to the attention of the Department of Child Protection Services and must not consist of required services that are not related to the family's needs.
(hh) "Commercial sexual exploitation" means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
(ii) "Intake officer" means an individual appointed by the Administrative Office of Courts responsible for receiving referrals and presenting initial determinations to the intake unit.
(jj) "Intake unit" means the intake officer appointed by the Administrative Office of Courts and other youth court personnel designated by the youth court to consider the initial determination of the intake officer and make an intake recommendation to the youth court.
(kk) "Pre-petition guardian" means the adult having actual physical custody of the child prior to removal.
(ll) "Diversion" means a decision made by an individual with authority that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing or referring the juvenile or child to an individually designed program or activity provided by governmental entities or nongovernmental entities. The goal of diversion shall be to prevent further involvement of the juvenile or child in the formal legal system.
(mm) "Data management system" means the uniform youth court data management system designated by the Administrative Office of Courts under Section 9-21-9(2)(a).
(nn) "Youth court prosecutor" means the county prosecuting attorney or another attorney appointed by the court to serve as the youth court prosecutor.
(oo) "Welfare matter" means a youth court matter involving allegations of an abused child, a neglected child, a dependent child, or a child in need of special care.
(pp) "Delinquency matter" means a youth court matter involving allegations of a delinquent child or child in need of supervision.
(qq) "Youth court proceeding" means a transfer proceeding or a court proceeding stemming from a petition in a welfare matter or delinquency matter.
SECTION 4. Section 43-21-107, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-107. (1) Except
as provided in subsection (3) of this section, a youth court division is
hereby created as a division of the county court of each county now * * * having a county court, and the
county judge shall be the judge of the youth court unless another judge is
named by the county judge as provided by this chapter. No additional county
youth court shall be formed after the effective date of this act.
(2) A youth court division is hereby created as a division of the chancery court of each county in which no county court is maintained or in which the youth court division of the county court has been abolished and any chancellor within a chancery court district shall be the judge of the youth court of that county within such chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.
* * *
[From and after July 1, 2027, this section shall read as follows:]
43-21-107. (1) (a)
Except as provided in subsection (3) of this section, a youth court
division is hereby created as a division of the county court of each county now * * * having a county court, and the
county judge shall be the judge of the youth court * * *. No additional county youth court shall
be formed after the effective date of this act.
(b) (i) From and after January 1, 2031, each youth court division of a county court:
1. Shall have a county court judge that handles youth court matters and cases with priority; and
2. Shall not expend or receive reimbursement of any direct state funds for youth court purposes other than the salary supplement received by the county pursuant to Section 9-9-11. However, nothing herein shall prohibit the court from receiving funds through grants from other state agencies and expending said funds; and
(ii) Effective January 1, 2031, the youth court division of the county court of each county now having a county court and a population of less than fifty thousand according to the 2020 federal decennial census, other than the counties subject to subsection (3) of this section, is hereby abolished unless the county:
1. Shall opt out of this subsection (1)(b)(ii) of this section through a vote of the board of supervisors of the county; and
2. Shall notify, before December 1, 2028, the Administrative Office of Courts of its intent to continue to maintain a youth court division of the county court at its own expense other than the salary supplement received by the county pursuant to Section 9-9-11.
(c) Upon the receipt of any notification under subsection (1)(b)(ii)2 of this section, the Administrative Office of Courts shall immediately forward such notification to the Lieutenant Governor, the Speaker of the House and the Governor.
(d) During the 2029 Regular Session, the Legislature shall consider the number of youth court divisions to be created as divisions of the chancery court of each county and determine how many chancellorships need to be created prior to the judicial elections in November 2030.
(2) A youth court division
is hereby created as a division of the chancery court of each county in which
no county court is maintained or in which the youth court division of the
county court has been abolished and any chancellor within a chancery court
district shall be the judge of the youth court of that county within such
chancery court district * * * unless another judge is named by the senior chancellor of the county or
chancery court district as provided by this chapter as assigned
by each chancery court district so that all youth court matters are heard and
disposed of by a full-time judge. Upon determination of need, the
senior chancellor may seek the appointment of a family master under Section 9-5-255
to assist in effectuating the purposes of this act.
* * *
SECTION 5. (1) Effective on July 1, 2027, there shall be an additional chancellor in the following chancery court districts:
(i) The First Chancery Court District;
(ii) The Second Chancery Court District;
(iii) The Third Chancery Court District;
(iv) The Fourth Chancery Court District;
(v) The Sixth Chancery Court District;
(vi) The Seventh Chancery Court District;
(vii) The Ninth Chancery Court District;
(viii) The Fifteenth Chancery Court District; and
(ix) The Eighteenth Chancery Court District.
(2) The chancellorships created in this section shall be separate and distinct from the other chancellorships in the chancery court district and denominated for purposes of appointment and election as a separate "place" with this place being dedicated to youth court matters with one-hundred percent (100%) of the cases on its docket being youth court matters. The chancellor to fill the place to be authorized under this section may be a resident of any county in the chancery court district. Election of the office of chancellor under this section shall be by election to be held in every county within the chancery court district.
SECTION 6. The judicial vacancies created by Section 5 of this act shall be filled by the Governor pursuant to Section 9-1-103.
SECTION 7. Section 43-21-111, Mississippi Code of 1972, which authorizes regular or special youth court referees, shall stand repealed on July 1, 2027.
SECTION 8. Section 43-21-115, Mississippi Code of 1972, which authorizes the appointment of certain persons to function as the intake unit for youth court, shall stand repealed on July 1, 2027.
SECTION 9. 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 matters, the Mississippi
Department of Child Protection Services or the youth court prosecutor may be
the petitioner.
(2) The county prosecuting
attorney shall serve as the youth court prosecutor * * * in delinquency cases. An
attorney for the Mississippi Department of Child Protection Services or the
youth court prosecutor may file petitions in child welfare matters. The
district attorney may participate in transfer proceedings.
* * *
( * * *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 10. Section 43-21-125, Mississippi Code of 1972, which creates the Mississippi Council of Youth Court Judges, is hereby repealed.
SECTION 11. The following shall be codified as Section 43-21-126, Mississippi Code of 1972:
43-21-126. (1) There is hereby created the Family Services Forum for Mississippi Children, Youth, and Families. The purpose of the forum shall be:
(a) To facilitate collaborative planning and services for children, youth, and families referred to Mississippi youth courts for either child welfare or juvenile justice matters;
(b) To improve outcomes for children and families by fostering a community of collaboration between the child welfare and juvenile justice systems; and
(c) To serve as a venue for 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 forum 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, the 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 or rules changes and administrative processes to strengthen 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, such as success and failure rates, and a cost-versus-benefit analysis, areas of the state in which services are offered, and community needs as identified by forum 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;
(g) 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
(h) Address any other issues related to providing services to children, youth, and families referred to Mississippi youth courts.
(3) The forum 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) county court judge who presides over youth court, to be appointed by the Chief Justice of the Mississippi Supreme Court;
(e) One (1) member of the Mississippi House of Representatives to be appointed by the Speaker of the House;
(f) One (1) member of the Mississippi Senate to be appointed by the Lieutenant Governor;
(g) The directors of the following state agencies or entities, or their designees, and two (2) principal employees familiar with federal funding streams, other than the director or commissioner of each agency or entity:
(i) The Mississippi Department of Human Services;
(ii) The Mississippi Department of Health;
(iii) The Mississippi Department of Mental Health;
(iv) The Mississippi Department of Public Safety;
(v) The Mississippi Department of Education;
(vi) The Division of Medicaid;
(vii) The Administrative Office of Courts;
(viii) The Office of the Attorney General;
(ix) The Office of the State Public Defender;
(x) The Mississippi Department of Child Protection Services;
(xi) The Mississippi Home Corporation; and
(h) The director or designee of the Governor's Office of Federal-State Programs.
(4) The members shall be appointed within fifteen (15) days of the effective date of this section, and shall serve until the end of their respective terms of office, if applicable, or until October 1, 2030, whichever occurs first. Vacancies shall be filled in the manner of the original appointment. Members shall be eligible for reappointment as long as, upon such reappointment, they meet the qualifications required of a new appointee.
(5) The forum must meet within sixty (60) days of the effective date of this act upon call of the Chief Justice of the Mississippi Supreme Court. At its first meeting, the forum may elect any officers from among its membership as it deems necessary for the efficient discharge of its duties.
(6) The forum 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 forum. A vote of not less than twenty-six (26) members shall be required for any recommendations to the Legislature.
(7) Members 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 members shall be entitled to receive reimbursement for any actual and reasonable expenses incurred as a necessary incident to service on the forum, including mileage as provided by law subject to appropriation by the Legislature.
(8) Subject to appropriation by the Legislature, the forum may employ any consultants it deems necessary, including consultants to compile any demographic data needed to accomplish the duties of the forum.
(9) The Administrative Office of Courts will provide the support staff necessary for the forum in the performance of its duties.
(10) The forum may:
(a) Contract for suitable office space in accordance with the provisions of Section 29-5-2, Mississippi Code of 1972;
(b) Utilize, with their consent, the services, equipment, personnel, information and resources of other state agencies;
(c) Accept voluntary and uncompensated services, contract with individuals, public and private agencies; and
(d) 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 forum 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 forum shall report annually to the Legislature, addressing all matters set out in subsection (2) of this section. The report under this section shall be filed no later than December 15 each year.
SECTION 12. 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. Failure
to reduce the oral order to writing within the required time period shall
result in the order being null and void. There shall be no liability for
actions taken pursuant to an oral order that is later voided under this
subsection.
SECTION 13. The following shall be codified as Section 43-21-204, Mississippi Code of 1972:
43-21-204. (1) The general public shall be admitted to any hearing in a youth court proceeding, including, but not limited to, any adjudicatory hearing or any dispositional hearing except as otherwise provided in subsection (2) of this section.
(2) (a) In all welfare matters, the court may close a youth court hearing only after a finding on the record stating the reason or reasons for closing all or part of a hearing in a youth court proceeding. The finding on the record closing a hearing in a youth court proceeding shall state that the decision to close all or part of the hearing is because:
(i) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense;
(ii) It is in the best interests of the child; or
(iii) To prevent disclosure of personal information otherwise protected by federal or state law.
(b) In making such a determination, the court shall consider such factors as:
(i) The age of the child alleged or adjudicated;
(ii) The nature of the allegations;
(iii) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and
(iv) Whether the closure is necessary to protect the privacy of a child, of a parent or foster parent or other caretaker of a child, or of a victim of domestic violence.
(c) In all delinquency matters, the youth court, in its discretion, may choose to close the youth court hearing without any finding on the record.
(3) The court may close a hearing under subsection (2) of this section or exclude a person from a hearing under subsection (5) of this section in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of the child who is the subject of the proceeding or the child's attorney or guardian ad litem.
(4) 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 shall be admitted by the court to hearings from which the public is excluded. When the conduct alleged in the proceeding could give rise to a criminal prosecution or delinquent act adjudication, attorneys for the prosecution and the defense shall be admitted.
(5) The court may refuse to admit a person to a hearing in any youth court proceeding upon making a finding upon the record 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.
(6) The use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be prohibited except for written order of the court for good cause.
(7) The media shall not release identifying or recorded information concerning any child, family member, foster parent or other caretaker of a child involved in public or closed hearings except for written order of the court for good cause.
SECTION 14. 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 or Section 43-21-262.
* * *
( * * *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. Upon criminal conviction
in circuit court or adjudication in youth court, the clerk of court shall send
the Mississippi Department of Child Protection Services a copy of the judgment.
The central registry shall be confidential and shall not be open to public
inspection. * * * The Department of Child
Protection Services and its employees are exempt from any civil liability as a
result of any action taken pursuant to the compilation or release of
information on the central registry under this section and any other applicable
section of this code, unless determined that an employee has willfully and
maliciously violated the rules and administrative procedures of the department
pertaining to the central registry or any section of this code. If an employee
is determined to have willfully and maliciously performed such a violation,
said employee shall not be exempt from civil liability in this regard. The
Department of Child Protection Services shall seek a court order to place a
perpetrator on the registry in every case in which the agency is involved and
in which the court substantiates abuse or neglect. In delinquency cases, the
youth court prosecutor shall seek an order placing a substantiated perpetrator
on the registry.
( * * *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 15. Section 43-21-261, Mississippi Code of 1972, is reenacted and amended as follows:
43-21-261. (1) Except as
otherwise provided in this section or in Section 43-21-262, records
involving children shall not be disclosed, other than to * * * the following persons:
(a) The judge of another youth court or member of another youth court staff;
(b) Parties and their attorneys;
(c) Necessary staff or officials of the youth court;
(d) A guardian ad litem appointed to a child by the court;
(e) A Court-Appointed Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or neglect case;
( * * *f) The court of the parties in a child
custody or adoption cause in another court;
( * * *g) A judge of any other court or
members of another court staff, including the chancery court that ordered a
forensic interview;
( * * *h) Representatives of a public or
private agency providing supervision or having custody of the child under order
of the youth court;
( * * *i) Any person engaged in a bona fide
research purpose, provided that no information identifying the subject of the
records shall be made available to the researcher unless it is absolutely
essential to the research purpose and the judge gives prior written approval,
and the child, through his or her representative, gives permission to release
the information;
( * * *j) The Mississippi Department of Employment
Security, or its duly authorized representatives, for the purpose of a child's
enrollment into the Job Corps Training Program as authorized by Title IV of the
Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.).
However, no records, reports, investigations or information derived therefrom
pertaining to child abuse or neglect shall be disclosed;
( * * *k) Any person pursuant to a finding by
a judge of the youth court of compelling circumstances affecting the health,
safety or well-being of a child and that such disclosure is in the best
interests of the child or an adult who was formerly the subject of a youth
court delinquency proceeding;
( * * *l) A person who was the subject of a
knowingly made false allegation of child abuse or neglect which has resulted in
a conviction of a perpetrator in accordance with Section 97-35-47 or which
allegation was referred by the Department of Child Protection Services to a prosecutor
or law enforcement official in accordance with the provisions of Section 43-21-353(4) * * *;
(m) The Office of Community Services within the Department of Human Services for the purposes described in Section 43-27-20(e); or
(n) A district attorney.
For each party and his or her attorney, disclosure under this section shall include access to the uniform youth court data management, hard copy files and all related legal papers other than forensic interview and related records under Section 43-21-262.
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 * * * an order of a court
of competent jurisdiction. Any further disclosure of any records
involving children shall be made only under an order of * * * a
court of competent jurisdiction as provided in this section.
* * *
( * * *3) * * * ( * * *a) 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.
( * * *b) Agency records made confidential
under the provisions of this section may be disclosed to a court of competent
jurisdiction.
( * * *c) Records involving children shall be
disclosed to the Division of Victim Compensation of the Office of the Attorney
General upon the division's request * * * for purposes
of determination of eligibility for victim compensation benefits.
( * * *4) Information concerning an
investigation into a report of child abuse or child neglect may be disclosed by
the Department of Child Protection Services * * * to any
attorney, physician, dentist, intern, resident, nurse, psychologist, social
worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer, or a public or private school
employee making that report pursuant to Section 43-21-353(1) if the reporter
has a continuing professional relationship with the child and a need for such
information in order to protect or treat the child.
( * * *5) Information concerning an
investigation into a report of child abuse or child neglect may be disclosed * * * to
any interagency child abuse task force * * * by order of the appropriate youth
court * * *.
* * *
( * * *6) 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.
( * * *7) 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.
( * * *8) 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.
( * * *9) The Administrative Office of
Courts shall have the right to inspect any youth court records * * *.
( * * *10) 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.
( * * *11) The Administrative Office of
Courts may, in its discretion, disclose to the Department of Public Safety any
or all of the information involving children contained in the * * * uniform youth court data
management system * * *.
( * * *12) 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.
* * *
( * * *13) 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.
( * * *14) Information concerning an
investigation into a report of child abuse or child neglect may be disclosed * * * in
any administrative or due process hearing held, pursuant to Section 43-21-257,
by the Department of Child Protection Services for individuals whose names will
be placed on the central registry as substantiated perpetrators.
( * * *15) 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.
* * *
( * * *16) The provisions of this section
shall stand repealed on July 1, * * * 2029.
SECTION 16. The following shall be codified as Section 43-21-262, Mississippi Code of 1972:
43-21-262. (1) The term "forensic interview and related records" means all records in the possession of a child advocacy center or person or entity with whom a child advocacy center has contracted with for services that were derived in whole or in part from the forensic interview of the child, multidisciplinary team investigation or provision of services by child advocacy center staff, interns, volunteers or contract employees, including, but not limited to, the forensic interview recording, reports, summaries, therapy records, notes, diagrams and/or drawings.
(2) Where a child has been referred to a child advocacy center, the forensic interview and related records shall be subject to the conditions and exceptions contained in this section.
(3) The forensic interview and related records shall not be disclosed to any person or entity without an order authorizing disclosure from the youth court with jurisdiction of the records.
SECTION 17. Section 43-21-263, Mississippi Code of 1972, is amended as follows:
43-21-263. (1) The youth court may order the sealing of records involving children:
(a) If the child who was the subject of the cause has attained twenty (20) years of age;
(b) If the youth court dismisses the cause; or
(c) If the youth court sets aside an adjudication in the cause.
(2)
The youth court may * * * upon its own motion or upon application of a party to a
youth court cause and after a hearing on the record where specific findings
and conclusions are entered on the record, order the sealing or unsealing
of the records involving children and may expunge the records of a child
adjudicated a delinquent child or a child in need of supervision.
SECTION 18. Section 43-21-267, Mississippi Code of 1972, which creates a criminal penalty for the disclosure of certain records, is hereby repealed.
SECTION 19. Section 43-21-305, Mississippi Code of 1972, which authorizes a law enforcement officer to stop and question certain children in public, is hereby repealed.
SECTION 20. Section 43-21-351, Mississippi Code of 1972, is reenacted and amended as follows:
43-21-351. (1) Any person
or agency having knowledge that a child residing or being within the county is
within the jurisdiction of the youth court may make a written report to the
intake * * * officer alleging facts sufficient
to establish the jurisdiction of the youth court. Delinquency reports shall
include either a law enforcement report or a sworn affidavit. The report
shall bear a permanent number that will be assigned by the court in accordance
with the standards established by the Administrative Office of Courts pursuant
to Section 9-21-9(d), and shall be preserved until destroyed on order of the
court.
(2) There shall be in each
youth court of the state an intake officer who shall be responsible for the
accurate and timely entering of all intake and case information into the * * * uniform
youth court * * * data management
system * * *
for * * * all youth
court matters.
(3) Each intake officer
shall receive, at a minimum, * * * twelve
(12) hours of annual intake training * * * provided by the * * * Administrative Office of Courts on the
uniform youth court data management system designated by the officer under
Section 9-21-9(1)(d).
(4) The Mississippi
Judicial College * * * shall * * * make
available training materials on * * *
the data management system.
(5) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 21. Section 43-21-353, Mississippi Code of 1972, is amended as follows:
43-21-353. (1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child, an abused child, or a victim of commercial sexual exploitation or human trafficking shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services, and immediately a referral shall be made by the Department of Child Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357. In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of Child Protection Services shall inform the individual of the specific complaints or allegations made against the individual. Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed at that point. Where appropriate, the Department of Child Protection Services shall additionally make a referral to the youth court prosecutor.
Upon receiving a report that
a child has been sexually abused, is a victim of commercial sexual exploitation
or human trafficking or has been burned, tortured, mutilated or otherwise
physically abused in such a manner as to cause serious bodily harm, or upon
receiving any report of abuse that would be a felony under state or federal
law, the Department of Child Protection Services shall immediately notify the
law enforcement agency in whose jurisdiction the abuse occurred. Within forty-eight
(48) hours, the department must notify the appropriate prosecutor and the
Statewide Human Trafficking Coordinator. The department shall have the duty to
provide the law enforcement agency all the names and facts known at the time of
the report; this duty shall be of a continuing nature. The law enforcement
agency and the department shall investigate the reported abuse immediately and
shall file a preliminary report with the appropriate prosecutor's office within
twenty-four (24) hours and shall make additional reports as new or additional
information or evidence becomes available. * * * In
addition, if the Department of Child Protection Services determines that a
parent or other person responsible for the care or welfare of an abused or
neglected child maintains active duty status within the military, the
department shall notify the applicable military installation family advocacy
program that there is an allegation of abuse or neglect that relates to that
child.
(2) Any report shall contain the names and addresses of the child and his parents or other persons responsible for his care, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, any other information that might be helpful in establishing the cause of the injury, and the identity of the perpetrator.
(3) The Department of Child Protection Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse, commercial sexual exploitation or human trafficking; provided that any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer or public or private school employee who is required to report under subsection (1) of this section shall report in the manner required in subsection (1).
(4) Reports of abuse,
neglect and commercial sexual exploitation or human trafficking made under this
chapter and the identity of the reporter are confidential except when the court
in which the investigation report is filed, in its discretion, determines the
testimony of the person reporting to be material to a judicial proceeding or
when the identity of the reporter is released to law enforcement agencies and
the appropriate prosecutor pursuant to subsection (1). Reports made under this
section to any law enforcement agency or prosecutorial officer are for the
purpose of criminal investigation and prosecution only and no information from
these reports may be released to the public except as provided by Section 43-21-261
or Section 43-21-262. Disclosure of any information by the prosecutor
shall be according to the Mississippi Uniform Rules of Circuit and County Court
Procedure. The identity of the reporting party shall not be disclosed to
anyone other than law enforcement officers or prosecutors without an order from
the appropriate youth court. * * * Notwithstanding the confidentiality
of the reporter's identity under this section, the Department of Child
Protection Services may disclose a reporter's identity to the appropriate law
enforcement agency or prosecutor if the department has reason to suspect the
reporter has made a fraudulent report, and the Department of Child Protection
Services must provide to the subject of the alleged fraudulent report written
notification of the disclosure.
(5) All final dispositions
of law enforcement investigations described in subsection (1) of this section
shall be determined only by the appropriate prosecutor * * *. All final dispositions of investigations
by the Department of Child Protection Services as described in subsection (1)
of this section shall be determined * * * by the Department
of Child Protection Services or the youth court prosecutor. Reports
made under subsection (1) of this section by the Department of Child Protection
Services to the law enforcement agency and to the district attorney's office
shall include the following, if known to the department:
(a) The name and address of the child;
(b) The names and addresses of the parents;
(c) The name and address of the suspected perpetrator;
(d) The names and addresses of all witnesses, including the reporting party if a material witness to the abuse;
(e) A brief statement of the facts indicating that the child has been abused, including whether the child experienced commercial sexual exploitation or human trafficking, and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case; and
(f) What, if any, action is being taken by the Department of Child Protection Services.
(6) In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(l) or (m), the Department of Child Protection Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.
(7) Anyone who willfully violates any provision of this section shall be, upon being found guilty, punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year, or both.
(8) If a report is made
directly to the Department of Child Protection Services that a child has been
abused or neglected or experienced commercial sexual exploitation or human
trafficking in an out-of-home setting, a referral shall be made immediately to
the law enforcement agency in whose jurisdiction the abuse occurred and the
department shall notify the district attorney's office and the Statewide Human
Trafficking Coordinator within forty-eight (48) hours of such report. The
Department of Child Protection Services shall investigate the out-of-home
setting report of abuse or neglect to determine whether the child, who
is the subject of the report, or other children in the same environment * * * come within the jurisdiction of
the youth court and shall report to the youth court the department's findings
and recommendation as to whether the child who is the subject of the report or
other children in the same environment require the protection of the youth
court. The law enforcement agency shall investigate the reported abuse
immediately and shall file a preliminary report with the district attorney's
office within forty-eight (48) hours and shall make additional reports as new
information or evidence becomes available. If the out-of-home setting is a
licensed facility, an additional referral shall be made by the Department of
Child Protection Services to the licensing agency. The licensing agency shall
investigate the report and shall provide the department, the law enforcement
agency and the district attorney's office with their written findings from such
investigation as well as that licensing agency's recommendations and actions
taken.
(9) If a child protective investigation does not result in an out-of-home placement, a child protective investigator must provide information to the parent or guardians about community service programs that provide respite care, counseling and support for children who have experienced commercial sexual exploitation or human trafficking, voluntary guardianship or other support services for families in crisis.
SECTION 22. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357. (1) After
receiving a report, the youth court intake * * * officer
shall promptly make a preliminary inquiry to determine whether the interest of
the child, other children in the same environment or the public requires the
youth court to take further action. As part of the preliminary inquiry, the
youth court intake * * * officer may request * * * that
the youth court * * * order the Department of Child Protection
Services, the Department of Human Services - Division of Youth Services, any
successor agency or any other qualified public employee to make an
investigation or report concerning the child and any other children in the same
environment, and present the findings thereof to the youth court intake * * * officer.
(2) If the youth
court intake * * * officer receives a neglect or abuse
report, the youth court intake * * * officer
shall immediately forward the complaint to the Department of Child Protection
Services to promptly make an investigation or report concerning the child and
any other children in the same environment and promptly present the findings
thereof to the youth court intake * * * officer.
(3) If it appears
from the preliminary inquiry that the child or other children in the same
environment are within the jurisdiction of the court, the youth court intake
unit shall * * * file a written recommendation within fourteen
(14) days of receiving a completed referral giving notice to:
(a) The youth court prosecutor in delinquency matters; or
(b) The Mississippi Department of Child Protection Services attorney or the youth court prosecutor in welfare matters.
(4) Within fourteen (14) days after the receipt of notice of the filing of the intake recommendation, the youth court prosecutor, in delinquency matters, shall:
(a) * * * File a case closure notice;
(b) * * * File
a referral to the youth intervention court;
(c) * * * Divert the case for monitoring by
the Division of Youth Services within the Department of * * *
Human Services * * *
by filing notice of the same;
(d) * * *
Divert the matter to a diversion program by filing notice of the same;
(e) * * * Recommend to the youth court that an
informal adjustment be made;
(f) Recommend to the youth court that the child is warned or counseled informally; or
( * * *g) * * * File a
petition.
* * *
(5) Within fourteen (14) days after the receipt of notice of the filing of the intake recommendation, the Department of Child Protection Services or the youth court prosecutor, in welfare matters, shall:
(a) File a case closure notice;
(b) File a referral to the youth intervention court;
(c) Enter a notice of active monitoring by the agency;
(d) Divert the matter to a diversion program by filing notice of the same; or
(e) File a petition.
(6) The case closure notice shall be reviewable by the youth court for thirty (30) days after the entry of the notice on the court's own motion, on motion by the youth court prosecutor, or on motion by the Department of Child Protection Services. Nothing in this section shall affect the timeline relating to the filing of a petition once the youth court has issued a custody order pursuant to Section 43-21-301.
( * * *7) If the preliminary inquiry
discloses that a child needs emergency medical treatment, the judge may order
the necessary treatment.
(8) Intake officers, youth court prosecutors, the Mississippi Department of Child Protection Services, or personnel or contractors of any state agency shall not communicate with a youth court or youth court judge concerning a youth court case or matter until authorized by this chapter.
SECTION 23. Section 43-21-401, Mississippi Code of 1972, is amended as follows:
43-21-401. (1) Informal adjustment pursuant to the informal adjustment agreement provided in Section 43-21-405 shall include:
(a) The giving of counsel and advice to the child and his parent, guardian or custodian;
(b) Referrals to public and private agencies which may provide benefits, guidance or services to the child and his parent, guardian or custodian;
(c)
Temporary placement of the child or supervision by the youth court counselor
with the consent of the child and his parent, guardian or custodian * * *.
(2) If authorized by the youth court, informal adjustment may be commenced after the filing of a petition.
(3) If the child and his parent, guardian or custodian agree to participate in an informal adjustment process, the defense of a failure to provide a speedy trial is waived and a petition may be filed if the informal adjustment process is unsuccessfully terminated under Section 43-21-407.
SECTION 24. 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 * * * assigned
by the Division of Youth Services within the Department of Human Services.
(2) If the child and his parent, guardian or custodian appear at the informal adjustment conference without counsel, the informal adjustment counselor shall, at the commencement of the conference, inform them of their right to counsel, the child's right to appointment of counsel and the right of the child to remain silent. If either the child or his parent, guardian or custodian indicates a desire to be represented by counsel, the informal adjustment counselor shall adjourn the conference to afford an opportunity to secure counsel.
(3) At the beginning of the informal adjustment conference, the informal adjustment counselor shall inform the child and his parent, guardian or custodian:
(a) That information has been received concerning the child which appears to establish jurisdiction of the youth court;
(b) The purpose of the informal adjustment conference;
(c) That during the informal adjustment process no petition will be filed;
(d) That the informal adjustment process is voluntary with the child and his parent, guardian or custodian and that they may withdraw from the informal adjustment at any time; and
(e) The circumstances under which the informal adjustment process can be terminated under Section 43-21-407.
(4) The informal adjustment counselor shall then discuss with the child and his parent, guardian or custodian:
(a) Recommendations for actions or conduct in the interest of the child to correct the conditions of behavior or environment which may exist;
(b) Continuing conferences and contacts with the child and his parent, guardian or custodian by the informal adjustment counselor or other authorized persons; and
(c) The child's general behavior, his home and school environment and other factors bearing upon the proposed informal adjustment.
(5) After the parties have agreed upon the appropriate terms and conditions of informal adjustment, the informal adjustment counselor and the child and his parent, guardian or custodian shall sign a written informal adjustment agreement setting forth the terms and conditions of the informal adjustment. The informal adjustment agreement may be modified at any time upon the consent of all parties to the informal adjustment conference.
(6) [Until July 1, 2027, this subsection shall read as follows:] The informal adjustment process shall not continue beyond a period of six (6) months from its commencement unless extended by the youth court for an additional period not to exceed six (6) months by court authorization prior to the expiration of the original six-month period. In no event shall the custody or supervision of a child which has been placed with the Department of Human Services - Division of Youth Services or the Department of Child Protection Services be continued or extended except upon a written finding by the youth court judge or referee that reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody, and that reasonable efforts will continue to be made towards reunification of the family.
(6) [From and after
July 1, 2027, this subsection shall read as follows:] The informal
adjustment process shall not continue beyond a period of six (6) months from
its commencement unless extended by the youth court for an additional period
not to exceed six (6) months by court authorization prior to the expiration of
the original six-month period. In no event shall the custody or supervision of
a child which has been placed with the Department of Human Services - Division
of Youth Services or the Department of Child Protection Services be continued
or extended except upon a written finding by the youth court judge * * * 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 25. The following shall be codified as Section 43-21-409, Mississippi Code of 1972:
43-21-409. (l) (a) The Legislature declares its intent to establish a youth diversion program that integrates smart practices and provides community-based alternatives to the formal court system to: reduce juvenile crime and recidivism, improve positive youth outcomes, change youth offenders' behavior and attitudes, promote youth offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by youth crime, and reduce the costs within the juvenile justice system.
(b) The Legislature recognizes that research has shown that court involvement with youth who are not identified as displaying a risk of harm to others can have a more harmful impact on these youth, and most low-risk youth can grow out of their behavior and stop reoffending without intervention from the juvenile justice system.
(c) The Legislature declares that the goals of the youth diversion program are to:
(i) Prevent further involvement of youth in the formal legal system;
(ii) Consider youth who demonstrate behaviors or symptoms consistent with intellectual and developmental disabilities, mental or behavioral health issues or lack of mental capacity, and divert those youth out of the juvenile justice system and refer them to a community treatment program;
(iii) Provide eligible youth with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the youth's assessed level of risk of reoffending;
(iv) Serve the best interest of the youth while emphasizing acceptance of responsibility and repairing any harm caused to victims and the community;
(v) Reduce recidivism and improve positive outcomes for each youth through the provision of services, if warranted, that address the youth's specific needs and are proven effective; and
(vi) Ensure appropriate services are available for all eligible youth.
(2) For purposes of this section:
(a) "Director" means the director of the division.
(b) "Division" means the Division of Youth Services of the Department of Human Services.
(c) "Risk screening tool" is a standardized implement approved by the Administrative Office of Courts to assist intake officers in assessing the need for diversion in a particular case.
(d) "Services" may include, but are not limited to, provision of diagnostic needs assessments, general counseling and counseling during a crisis situation, behavioral health services, services for youth with developmental disabilities, specialized tutoring, job training and placement, restitution programs, community service, constructive recreational activities, day reporting and day treatment programs, and follow-up activities.
(e) "Validated assessment tool" is a standardized implement approved by the division to be utilized after screening to gauge risk and needs and guide specific interventions within diversion.
(3) (a) The division may establish and administer a youth diversion program that seeks to divert youth from the youth justice system and integrate smart practices.
(b) To effectuate the program, the division shall allocate money within each youth court district and may contract with governmental units and nongovernmental agencies for reasonable and necessary expenses and services to serve each youth court district to divert youth and provide services, if warranted, for each eligible youth through community-based programs, which shall provide an alternative to entry into the formal legal system.
(c) If diversion is recommended by the intake officer in accordance with subsection (4) of this section, a youth's entry into the youth diversion program shall be initiated by the filing of a notice pursuant to the rules established in Section 43-21-357.
(4) The intake officer shall:
(a) On and after January 1, 2027, conduct a risk screening using a risk screening tool for all youth currently referred to the youth court and referred in the future to the youth court, including referrals for alleged violations of the compulsory school attendance law, unless:
(i) The youth is committed or on probation;
(ii) An attempt has already been made to divert the youth; or
(iii) The prosecuting attorney:
1. Declines to file a petition;
2. Dismisses the case; or
3. Charges the youth with an offense within the exclusive jurisdiction of the circuit court;
(b) Use the results of the risk screening to inform eligibility for participation in a youth diversion program and the level and intensity of supervision deemed necessary for youth diversion;
(c) Consider the use of diversion to prevent a youth who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings;
(d) Consider all available alternatives, including, but not limited to, a referral to the State Department of Mental Health, or a collaborative management program in lieu of adjudication in a case in which a youth demonstrates behaviors or symptoms that indicate that the youth cannot understand or participate in diversion and where it is likely that a youth would be found incompetent and unlikely to be restored in the foreseeable future;
(e) Recommend diversion of the case to the division if the screening indicates diversion is appropriate;
(f) Disclose the results of the risk screening to the youth and the youth's family or guardian;
(g) Collect data pursuant to subsection (9) of this section; and
(h) Establish and make public any eligibility criteria for participation in a youth diversion program and use the results of the risk screening to make decisions on eligibility criteria.
(5) An intake officer shall not deny diversion to a youth based on the youth's:
(a) Inability to pay;
(b) Previous or current involvement with the Department of Human Services;
(c) Age, race or ethnicity, gender, gender identity, gender expression, or sexual orientation;
(d) Legal representation; or
(e) Behaviors or symptoms consistent with an intellectual and developmental disability, a mental health or behavioral health issue, or a lack of mental capacity, unless the behaviors or symptoms are so severe that the youth cannot understand or participate in diversion;
(6) The division shall ensure that:
(a) The policies and practices of the youth diversion program are aligned with evidence-based practices and with the definition of "diversion" under Section 43-21-105(ll);
(b) All individuals using the risk screening tool under this section receive training on the appropriate use of the tool.
(7) The risk screening tool under this section is for informing decisions about diversion only. The risk screening tool and any information obtained from a youth in the course of any screening, including any admission, confession, or incriminating evidence obtained from a youth in the course of any screening or assessment, in conjunction with proceedings pursuant to this section or made in order to participate in a diversion program, is not admissible into evidence in any adjudicatory hearing in which the youth is accused and is not subject to subpoena, any other court process for use in any other proceeding, or for any other purpose.
(8) (a) Diversion programs may use the results of a validated assessment tool approved by the division in consultation with the Administrative Office of Courts to inform:
(i) The level and intensity of supervision necessary for youth diversion;
(ii) The length of supervision for youth diversion; and
(iii) What services, if any, may be offered to the youth; and
(b) (i) The intake officer may recommend to the division which professionals should be involved in a youth's particular youth diversion program to assist with the youth's needs, treatment, and service planning.
(ii) This recommendation may include, but is not limited to, referrals to prosecutors, youth defenders, probation officers, behavioral health treatment providers, providers who offer services to youth with developmental disabilities, and state and local governmental entities, such as the Department of Human Services, nongovernmental agencies, and individuals collaborating to provide appropriate diversion services.
(9) (a) The Division of Youth Services, in collaboration with diversion program directors who accept money for programs
providing youth diversion services, shall establish minimum data collection requirements and outcome measures that each
governmental unit and nongovernmental agency shall collect and submit annually for all youth referred by an intake officer. At a minimum, the data summary shall include:
(i) Demographic data on age, race or ethnicity, gender, sexual orientation, and gender identity;
(ii) Risk screening conducted;
(iii) Risk level as determined by the risk screening or, if a screening was not completed, the reason why a screening was not completed;
(iv) Offense committed by the youth;
(v) Diversion status;
(vi) Service participation and whether the service was provided by community partners or an in-house facility;
(vii) Program completion data;
(viii) Referral to smart practices services;
(ix) Child welfare involvement; and
(x) Identifying data necessary to track the long-term outcomes of diverted youth.
(b) On or before August 1, 2027, and each August 1 thereafter, each agency that receives diversion money pursuant to subsection (2) of this section shall report on the number of youths who were screened for eligibility for diversion since the date of the previous report but were subsequently rejected. At a minimum, the report shall include demographic data such as age, race and ethnicity, gender, sexual orientation, and gender identity. The reports shall include the data for the state fiscal year from July 1 through June 30.
(c) For the purposes of this subsection (9), when collecting demographic data from a youth, governmental units and nongovernmental agencies shall provide the youth with an option to decline to disclose demographic information.
(10) (a) In collaboration with the division, each program providing services pursuant to this section shall develop objectives and report progress toward established objectives as required by rules promulgated by the director.
(b) The director shall regularly monitor these diversion programs to ensure that progress is being made to effectuate the purposes of this section.
(c) In addition to its other duties under this section, the division shall:
(i) Offer technical assistance to governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data, and to support program development and adherence to program requirements; and
(ii) Submit a consolidated statewide report, on December 1 each year, to the Governor, Lieutenant Governor, the Speaker of the House, the Chair of the Senate Judiciary, Division A Committee, and to the Chair of the House Judiciary A Committee.
SECTION 26. Section 43-21-451, Mississippi Code of 1972, is amended as follows:
43-21-451. (1) All
proceedings seeking an adjudication that a child is a delinquent child, a child
in need of supervision, a neglected child or an abused child shall be initiated
by the filing of a petition. * * * The petition shall be drafted and filed:
(a) By the
youth court prosecutor * * * in delinquency matters; or
(b) By the Mississippi Department of Child Protection Services or the youth court prosecutor in child welfare matters.
(2) The petition
shall be filed within five (5) days from the date of a detention hearing or
shelter hearing continuing custody. * * *
The court may, in its discretion, dismiss the petition for failure to comply
with the time schedule contained herein.
(3) All requests for emergency removal made to the youth court shall be made in writing and articulate the facts warranting emergency removal. This request shall be filed in the youth court within forty-eight (48) hours of removal.
(4) Intake officers, youth court prosecutors, the Mississippi Department of Child Protection Services, or personnel or contractors of any state agency shall not communicate with a youth court or youth court judge concerning a youth court case or matter until authorized by this chapter.
SECTION 27. Section 43-21-455, Mississippi Code of 1972, is amended as follows:
43-21-455. (1) The petition shall set forth plainly and concisely with particularity:
(a) Identification of the child, including his full name, birth date, age, sex and residence;
(b) Identification of the parent, guardian or custodian including the name and residence of the child's parents, the name and residence of the child's legal guardian, if there be one, any person or agency in whose custody the child may be and the child's nearest relative if no parent or guardian be known;
(c) A statement of the facts, including the facts which bring the child within the jurisdiction of the youth court and which show the child is a delinquent child, a child in need of supervision, a neglected child or an abused child;
(d) In petitions alleging delinquency, a citation of the
statute or ordinance which the child is alleged to have violated. Error in or
omission of the citation shall not be grounds for dismissing the petition or
for a reversal of the adjudication based thereon if the error or omission did
not mislead the child to his prejudice * * *;
(e) In petitions alleging neglect or abuse where there is intent to bypass the requirement to make reasonable efforts to maintain the child within his home under Section 43-21-603(7)(c), a citation of the statute and a statement of such intent;
( * * *f) A prayer for the type of
adjudicatory relief sought; and
( * * *g) If any of the facts herein
required are not known by the petitioner.
(2) Two (2) or more offenses may, in the discretion of the youth court, be alleged in the same petition in a separate count for each offense.
(3) Two (2) or more children may be the subject of the same petition if:
(a) They are siblings; and
(b) They are alleged to be neglected or abused from a common source of mistreatment or neglect.
(4) Where the child is alleged to be a delinquent child, the petition must recite factual allegations with the same particularity required in a criminal indictment but need not have the technical form of a criminal indictment.
(5) The petition may contain a motion to transfer.
SECTION 28. Section 43-21-501, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-501. When a petition has been filed and the date of hearing has been set by the youth court, the judge or his designee shall order the clerk of the youth court to issue a summons to the following to appear personally at such hearing:
(a) The child named in the petition;
(b) The person or persons who have custody or control of the child;
(c) The parent or guardian of the child if such parent or guardian does not have custody of the child;
(d) The Department of Child Protection Services in child welfare matters; and
(e) Any other person whom the court deems necessary.
[From and after July 1, 2027, this section shall read as follows:]
43-21-501. When a petition
has been filed and the date of hearing has been set by the youth court, the
judge * * *
shall order the clerk of the youth court to issue a summons to the following to
appear personally at such hearing:
(a) The child named in the petition;
(b) The person or persons who have custody or control of the child;
(c) The parent or guardian of the child if such parent or guardian does not have custody of the child;
(d) The Department of Child Protection Services in child welfare matters; and
(e) Any other person whom the court deems necessary.
SECTION 29. Section 43-21-505, Mississippi Code of 1972, is amended as follows:
43-21-505. Service of summons must conform to the Uniform Rules of Youth Court Practice or the Rules of Civil Procedure.
SECTION 30. Section 43-21-557, Mississippi Code of 1972, is amended as follows:
43-21-557. (1) At the beginning of each adjudicatory hearing, the youth court shall:
(a) Verify the name, age and residence of the child who is the subject of the cause and ascertain the relationship of the parties, each to the other;
(b) Ascertain whether all necessary parties are present and identify all persons participating in the hearing;
(c) Ascertain whether the notice requirements have been complied with and, if not complied with, whether the affected parties intelligently waived compliance in accordance with Section 43-21-507;
(d) Explain to the parties the purpose of the hearing and the full range of possible dispositional alternatives thereof; and
(e) Explain to the parties:
(i) The right to counsel;
(ii) The right to remain silent;
(iii) The right to subpoena witnesses;
(iv) The right to cross-examine witnesses testifying against him; and
(v) The right to appeal.
(2) The youth court should then ascertain whether the parties before the youth court are represented by counsel. If a party before the youth court is not represented by counsel, the youth court shall ascertain whether the party understands his right to counsel. If the party wishes to retain counsel, the youth court shall continue the hearing for a reasonable time to allow the party to obtain and consult with counsel of his choosing. If an indigent child does not have counsel, the youth court shall appoint counsel to represent the child and shall continue the hearing for a reasonable time to allow the child to consult with his appointed counsel.
(3) The youth court may then inquire whether the parties admit or deny the allegations in the petition as provided in Section 43-21-553.
(4) The youth court may at any time terminate the proceedings and dismiss the petition if the youth court finds such action to be conducive to the welfare of the child and in the best interest of the state.
SECTION 31. Section 43-21-603, Mississippi Code of 1972, is amended as follows:
43-21-603. (1) At the beginning of each disposition hearing, the judge shall inform the parties of the purpose of the hearing.
(2) All testimony shall be under oath unless waived by all parties and may be in narrative form. The court may consider any evidence that is material and relevant to the disposition of the cause, including hearsay and opinion evidence. At the conclusion of the evidence, the youth court shall give the parties an opportunity to present oral argument.
(3) If the child has been adjudicated a delinquent child, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature of the offense;
(b) The manner in which the offense was committed;
(c) The nature and number of a child's prior adjudicated offenses;
(d) The child's need for care and assistance;
(e) The child's current medical history, including medication and diagnosis;
(f) The child's mental health history, which may include, but not be limited to, the Massachusetts Youth Screening Instrument version 2 (MAYSI-2);
(g) Copies of the child's cumulative record from the last school of record, including special education records, if applicable;
(h) Recommendation from the school of record based on areas of remediation needed;
(i) Disciplinary records from the school of record; and
(j) Records of disciplinary actions outside of the school setting.
(4) If the child has been adjudicated a child in need of supervision, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature and history of the child's conduct;
(b) The family and home situation; and
(c) The child's need of care and assistance.
(5) If the child has been adjudicated a neglected child or an abused child, before entering a disposition order, the youth court shall consider, among others, the following relevant factors:
(a) The child's physical and mental conditions;
(b) The child's or family's need of assistance;
(c) The manner in which the parent, guardian or custodian participated in, tolerated or condoned the abuse, neglect or abandonment of the child;
(d) The ability of a child's parent, guardian or custodian to provide proper supervision and care of a child; and
(e) Relevant testimony and recommendations, where available, from the foster parent of the child, the grandparents of the child, the guardian ad litem of the child, representatives of any private care agency that has cared for the child, the family protection worker or family protection specialist assigned to the case, and any other relevant testimony pertaining to the case.
(6) After consideration of all the evidence and the relevant factors, the youth court shall enter a disposition order that shall not recite any of the facts or circumstances upon which the disposition is based, nor shall it recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child, a child in need of supervision, a neglected child or an abused child.
(7) If the youth court orders that the custody or supervision of a child who has been adjudicated abused or neglected be placed with the Department of Child Protection Services or any other person or public or private agency, other than the child's parent, guardian or custodian, the youth court shall find and the disposition order shall recite that:
(a) (i) 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; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody; and
(b) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that the placement of the child in foster care is in the best interests of the child; or
(c) Reasonable efforts to maintain the child within his home shall not be required if the court determines that:
(i) The parent has subjected the child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse and sexual abuse; or
(ii) The parent has been convicted of murder of another child of that parent, voluntary manslaughter of another child of that parent, aided or abetted, attempted, conspired or solicited to commit that murder or voluntary manslaughter, or a felony assault that results in the serious bodily injury to the surviving child or another child of that parent; or
(iii) The parental rights of the parent to a sibling have been terminated involuntarily; and
(iv) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that placement of the child in foster care is in the best interests of the child.
Reasonable efforts to maintain a child within his home shall not be bypassed under subsection (7)(c) of this section unless the parent has received notice as required under Section 43-21-455(1)(e).
Once the reasonable efforts requirement is bypassed, the court shall have a permanency hearing under Section 43-21-613 within thirty (30) days of the finding.
(8) Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the disposition order. If the disposition ordered by the youth court includes placing the child in the custody of a training school, an admission packet shall be prepared for the child that contains the following information:
(a) The child's current medical history, including medications and diagnosis;
(b) The child's mental health history;
(c) Copies of the child's cumulative record from the last school of record, including special education records, if reasonably available;
(d) Recommendation from the school of record based on areas of remediation needed;
(e) Disciplinary records from the school of record; and
(f) Records of disciplinary actions outside of the school setting, if reasonably available.
Only individuals who are permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall have access to a child's medical records which are contained in an admission packet. The youth court shall provide the admission packet to the training school at or before the child's arrival at the training school. The admittance of any child to a training school shall take place between the hours of 8:00 a.m. and 3:00 p.m. on designated admission days.
(9) When a child in the jurisdiction of the Youth Court is committed to the custody of the Mississippi Department of Human Services or the Department of Child Protection Services and is believed to be in need of treatment for a mental or emotional disability or infirmity, the Department of Human Services or the Department of Child Protection Services shall file an affidavit alleging that the child is in need of mental health services with the Youth Court. The Youth Court shall refer the child to the appropriate community mental health center for evaluation pursuant to Section 41-21-67. If the prescreening evaluation recommends residential care, the Youth Court shall proceed with civil commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 43-21-611, and the Department of Mental Health, once commitment is ordered, shall provide appropriate care, treatment and services for at least as many adolescents as were provided services in fiscal year 2004 in its facilities.
(10) Any screening and assessment examinations ordered by the court may aid in dispositions related to delinquency, but no statements or admissions made during the course thereof may be admitted into evidence against the child on the issue of whether the child committed a delinquent act.
SECTION 32. 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, taking into consideration the child's safety and the permanency plan that meets the best interest of the child:
(a) Release the child to the child's parent(s) or pre-petition guardian without further action;
(b) Order the child placed in the custody of the Department of Child Protection Services who shall make reasonable efforts to reunify the child with the child's parent(s);
( * * *c) Place the child * * *
with the child's parents, a relative or other person subject to any
conditions and limitations as the court may prescribe. If the court finds that
temporary relative placement, adoption or foster care placement is
inappropriate, unavailable or otherwise not in the best interest of the child,
durable legal custody may be granted by the court to any person subject to any
limitations and conditions the court may prescribe; such durable legal custody
will not take effect unless the child or children have been in the physical
custody of the proposed durable custodians for at least six (6) months under
the supervision of the Department of Child Protection Services. After granting
durable legal custody of a minor child, the youth court shall retain original
and exclusive jurisdiction of all matters related to durable legal custody,
including, but not limited to, petitions to modify the durable legal custody.
The requirements of Section 43-21-613 as to disposition review hearings do not
apply to those matters in which the court has granted durable legal custody.
In such cases, the Department of Child Protection Services shall be released
from any oversight or monitoring responsibilities;
( * * *d) (i) Grant durable legal relative
guardianship to a relative or fictive kin licensed as a foster parent if the
licensed relative foster parent or licensed fictive kin foster parent exercised
physical custody of the child for at least six (6) months before the grant of
durable legal relative guardianship and the Department of Child Protection
Services had legal custody or exercised supervision of the child for at least
six (6) months. In order to establish durable legal relative guardianship, the
youth court must find the following:
1. That reunification has been determined to be inappropriate;
2. That the relative guardian or fictive kin guardian shows full commitment to the care, shelter, education, nurture, and reasonable medical care of the child; and
3. That the youth court consulted with any child twelve (12) years of age or older before granting durable legal relative guardianship.
(ii) The requirements of Section 43-21-613 as to disposition review hearings do not apply to a hearing concerning durable legal relative guardianship. However, the Department of Child Protection Services must conduct an annual review and recertification of the durable legal relative guardianship to determine whether it remains in the best interest of the child. If a material change in circumstances occurs adverse to the best interest of the child, the parent, relative guardian, fictive kin guardian, or Department of Child Protection Services may petition the court to review the durable legal relative guardianship;
( * * *e) Order terms of treatment calculated
to assist the child and the child's parent, guardian or custodian which are
within the ability of the parent, guardian or custodian to perform;
( * * *f) Order youth court personnel, the
Department of Child Protection Services or child care agencies to assist the
child and the child's parent, guardian or custodian to secure social or medical
services to provide proper supervision and care of the child;
( * * *g) Give legal custody of the child to
any of the following but in no event to any state training school:
(i) The Department of Child Protection Services for appropriate placement; or
(ii) [Until July 1, 2027, this subparagraph (ii) shall read as follows:] 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;
(ii) [From
and after July 1, 2027, this subparagraph (ii) shall read as follows:]
Any private or public organization, preferably community-based, able to assume
the education, care and maintenance of the child, which has been found suitable
by the court. Prior to assigning the custody of any child to any private
institution or agency, the youth court * * * shall
first inspect the physical facilities to determine that they provide a
reasonable standard of health and safety for the child;
( * * *h) If the court makes a finding that
custody is necessary as defined in Section 43-21-301(3)(b), and that the child,
in the action pending before the youth court had not previously been taken into
custody, the disposition order shall recite that the effect of the continuation
of the child's residing within his or her own home would be contrary to the
welfare of the child, that the placement of the child in foster care is in the
best interests of the child, and unless the reasonable efforts requirement is
bypassed under Section 43-21-603(7)(c), the order also must state:
(i) That reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his or her removal, and there is no reasonable alternative to custody; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his or her own home, and there is no reasonable alternative to custody; or
(iii) If the court makes a finding in accordance with subparagraph (ii) of this paragraph, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family; or
( * * *i) [Until July 1, 2027, this
paragraph (i) shall read as follows:] If the court had, before the
disposition hearing in the action pending before the court, taken the child
into custody, the judge or referee shall determine, and the youth court order
shall recite that reasonable efforts were made by the Department of Child
Protection Services to finalize the child's permanency plan that was in effect
on the date of the disposition hearing.
( * * *i) [From and after July 1, 2027,
this paragraph (i) shall read as follows:] If the court had, before
the disposition hearing in the action pending before the court, taken the child
into custody, the judge * * * or referee shall determine, and the youth court order shall
recite that reasonable efforts were made by the Department of Child Protection
Services to finalize the child's permanency plan that was in effect on the date
of the disposition hearing.
SECTION 33. Section 43-21-613, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-613. (1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered. The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole. Summons shall be served in the same manner as summons for an adjudicatory hearing.
(2) On motion of a child or a child's parent, guardian or custodian, the youth court may, in its discretion, conduct an informal hearing to review the disposition order. If the youth court finds a material change of circumstances relating to the disposition of the child, the youth court may modify the disposition order to any appropriate disposition of equal or greater precedence which the youth court could have originally ordered.
(3) (a) All disposition orders for supervision, probation or placement of a child with an individual or an agency shall be reviewed by the youth court judge or referee at least annually to determine if continued placement, probation or supervision is in the best interest of the child or the public. For children who have been adjudicated abused or neglected, except for those children for which a different timeframe is provided under Section 43-21-603(7), the youth court shall conduct a permanency hearing within three (3) months after the earlier of the following and every three (3) months thereafter:
(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child's removal from the allegedly abusive or neglectful custodian/parent if there has been an adjudication.
(b) The court shall conduct a shelter review hearing within ninety (90) days of removal if there has been no adjudication and ninety (90) days thereafter until adjudication.
(4) (a) Notice of
such hearings under this section shall be given in accordance with the
provisions of * * * Section 43-21-505.
In conducting the hearing, the judge or referee shall require a written report
and may require information or statements from the child's youth court
counselor, parent, guardian or custodian, which includes, but is not limited
to, an evaluation of the child's progress and recommendations for further
supervision or treatment. The judge or referee shall, at the permanency
hearing determine the future status of the child, including, but not limited
to, whether the child should be returned to the parent(s) or placed with
suitable relatives, placed for adoption, placed for the purpose of establishing
durable legal custody or should, because of the child's special needs or
circumstances, be continued in foster care on a permanent or long-term basis.
If the child is in an out-of-state placement, the hearing shall determine
whether the out-of-state placement continues to be appropriate and in the best
interest of the child. At the permanency hearing the judge or referee shall
determine, and the youth court order shall recite that reasonable efforts were
made by the Department of Child Protection Services to finalize the child's
permanency plan that was in effect on the date of the permanency hearing. The
judge or referee may find that reasonable efforts to maintain the child within
his home shall not be required in accordance with Section 43-21-603(7)(c), and
that the youth court shall continue to conduct permanency hearings for a child
who has been adjudicated abused or neglected, at least annually thereafter, for
as long as the child remains in the custody of the Mississippi Department of
Child Protection Services.
(b) The court may find that the filing of a termination of parental rights petition is not in the child's best interest if:
(i) The child is being cared for by a relative; and/or
(ii) The Department of Child Protection Services has documented compelling and extraordinary reasons why termination of parental rights would not be in the best interests of the child.
(c) The provisions of this subsection shall also apply to review of cases involving a dependent child; however, such reviews shall take place not less frequently than once each one hundred eighty (180) days, or upon the request of the child's attorney, a parent's attorney, or a parent as deemed appropriate by the youth court in protecting the best interests of the child. A dependent child shall be ordered by the youth court judge or referee to be returned to the custody and home of the child's parent, guardian or custodian unless the judge or referee, upon such review, makes a written finding that the return of the child to the home would be contrary to the child's best interests.
(d) Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the court has granted durable legal custody. In such cases, the Department of Child Protection Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child.
( * * *5) The provisions of this section do
not apply to proceedings concerning durable legal relative guardianship.
[From and after July 1, 2027, this section shall read as follows:]
43-21-613. (1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered. The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole. Summons shall be served in the same manner as summons for an adjudicatory hearing.
(2) On motion of a child or a child's parent, guardian or custodian, the youth court may, in its discretion, conduct an informal hearing to review the disposition order. If the youth court finds a material change of circumstances relating to the disposition of the child, the youth court may modify the disposition order to any appropriate disposition of equal or greater precedence which the youth court could have originally ordered.
(3) (a) All disposition
orders for supervision, probation or placement of a child with an individual or
an agency shall be reviewed by the youth court judge * * * at least annually to determine if
continued placement, probation or supervision is in the best interest of the
child or the public. For children who have been adjudicated abused or
neglected, except for those children for which a different timeframe is
provided under Section 43-21-603(7), the youth court shall conduct a permanency
hearing within three (3) months after the earlier of the following and every
three (3) months thereafter:
(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child's removal from the allegedly abusive or neglectful custodian/parent if there has been an adjudication.
(b) The court shall conduct a shelter review hearing within ninety (90) days of removal if there has been no adjudication and ninety (90) days thereafter until adjudication.
(4) (a) Notice of
such hearings under this section shall be given in accordance with the
provisions of Section * * * 43-21-505. In
conducting the hearing, the judge * * * 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 * * * 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 * * * 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 * * * to be returned to the custody and
home of the child's parent, guardian or custodian unless the judge * * *, upon such review, makes a written
finding that the return of the child to the home would be contrary to the
child's best interests.
(d) Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the court has granted durable legal custody. In such cases, the Department of Child Protection Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child.
( * * *5) The provisions of this section do
not apply to proceedings concerning durable legal relative guardianship.
SECTION 34. 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 35. 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 36. Section 43-21-701, Mississippi Code of 1972, which establishes the Mississippi Commission on a Uniform Youth Court Systems and Procedures, is hereby repealed.
SECTION 37. Section 43-21-703, Mississippi Code of 1972, which sets forth the duties of the Mississippi Commission on a Uniform Youth Court Systems and Procedures, is hereby repealed.
SECTION 38. Sections 43-21-751 through 43-21-755, Mississippi Code of 1972, which comprise the Teen Court Pilot Program Act, are hereby repealed.
SECTION 39. Section 43-21-801, Mississippi Code of 1972, is reenacted and 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 * * * personnel
to carry on the business of the youth court.
(2) Subject to
appropriation by the Legislature, the Administrative Office of Courts shall * * * provide state
support payable from the Youth Court Support Fund for the support of the youth
courts as follows:
(a) Intake officers for each chancery court district in the state;
(b) One (1) youth court administrator for each chancery court district in the state; and
(c) Funds for local diversion programs to youth courts on a reimbursement basis.
(3) (a) An intake officer provided under subsection (2) of this section shall be an employee of the Administrative Office of Courts under the direction and authority of the Administrative Office of Courts.
(b) A court administrator shall be an employee of the Administrative Office of Courts and shall serve the assigned court at the will and pleasure of the judge.
(4) From and after January 1, 2031, other than the salary supplement under Section 9-9-11, no youth court division of a county court that opts out of Section 43-21-107(1)(b)(ii) shall receive reimbursement of or expend direct state funds for youth court matters. However, nothing herein shall prohibit the court from receiving funds through grants from other state agencies and expending said funds.
* * *
(5) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 40. Section 43-27-20, Mississippi Code of 1972, is amended as follows:
43-27-20. (a) Within the Division of Youth Services there shall be an Office of Community Services, which shall be headed by a director appointed by and responsible to the Director of the Division of Youth Services. Each director shall hold a master's degree in social work or a related field and shall have no less than three (3) years' experience in social services, or in lieu of such degree and experience, the director shall have a minimum of eight (8) years' experience in social work or a related field. Each director shall employ and assign the community workers to serve in the various areas in the state and any other supporting personnel necessary to carry out the duties of the Office of Community Services.
(b) The Director of the
Office of Community Services shall assign probation and aftercare workers to
the youth court * * * on the basis of caseload and
need, when funds are available. The Director of the Office of Community
Services is authorized to assign a youth services counselor to various court
districts upon the approval of * * * the Director of the Division of Youth Services.
* * *
( * * *c) The Office of Community Services
shall have such duties as the Director of 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 as obtainable from the records of the youth court data management system.
(e) This section shall stand repealed on July 1, 2029.
SECTION 41. Section 45-33-61, Mississippi Code of 1972, is reenacted and amended as follows:
45-33-61. (1) A person
convicted of a sex offense shall not access the Administrative Office of
Courts' youth court data management system * * * as defined under Section 43-21-105(mm).
(2) This section applies to all registered sex offenders without regard to the date of conviction for a registrable offense.
(3) The provisions of this
section shall stand repealed on July 1, * * * 2029.
SECTION 42. Section 9-5-91, Mississippi Code of 1972, is amended as follows:
9-5-91. (1) In a chancery case in which a guardian ad litem is appointed by the court, it is the duty of the chancery clerk to prepare and forward to the Administrative Office of Courts the information described by subsection (2) of this section not later than the last day of the month following the entry of an order approving any payment to the guardian ad litem.
(2) The clerk shall prepare
and forward the following information when filed in a * * *
case where the guardian ad litem fees exceed One Thousand Dollars ($1,000.00):
(a) A copy of any invoice for guardian ad litem fees;
(b) A copy of any order directing payment of guardian ad litem fees; and
(c) A copy of any petition seeking recovery of guardian ad litem fees, as well as any orders concerning payment of guardian ad litem fees, including, but not limited to, orders of contempt.
(3) If an order previously reported under subsection (1) of this section is amended by order of the court, the clerk shall forward the subsequent court order not later than the last day of the month following the entry of the amended order.
(4) The duty of a clerk to prepare and forward information under this section is not affected by:
(a) Any subsequent appeal of the court order;
(b) Any subsequent modification of the court order; or
(c) The expiration of the court order.
* * *
SECTION 43. Section 9-21-9, Mississippi Code of 1972, is amended as follows:
9-21-9. (1) The Administrative Director of Courts shall have the following duties and authority with respect to all courts in addition to any other duties and responsibilities as may be properly assigned by the Supreme Court and/or by law:
(a) To require the filing of reports, the collection and compilation of statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts;
(b) To determine the state of the dockets and evaluate the practices and procedures of the courts and make recommendations concerning the number of judges and other personnel required for the efficient administration of justice;
(c) To prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks of courts;
(d) To devise,
promulgate and require the use of a uniform youth court case tracking system,
including a youth court case filing form for filing with each individual youth
court matter, to be utilized by the Administrative Office of Courts and the
youth courts in order that the number of youthful offenders, abused, neglected,
truant and dependent children, as well as children in need of special care and
children in need of supervision, may be tracked with specificity through the
youth court and adult justice systems; in support of the uniform case docketing
system, the director shall require that all youth courts utilize the * * * uniform
youth court * * * data management
system * * *
designated by the Administrative Office of Courts;
(e) To develop, promulgate and require the use of a statewide docket numbering system to be utilized by the youth courts, which youth court docket numbers shall standardize and unify the numbering system by which youth court docket numbers are assigned, such that each docket number would, among other things, identify the county and year in which a particular youth court action was commenced;
(f) To develop, promulgate and require the use of uniform youth court orders and forms in all youth courts and youth court proceedings;
(g) To prepare and submit budget recommendations for state appropriations necessary for the maintenance and operation of the judicial system and to authorize expenditures from funds appropriated for these purposes as permitted or authorized by law;
(h) To develop and implement personnel policies for nonjudicial personnel employed by the courts;
(i) To investigate, make recommendations concerning and assist in the securing of adequate physical accommodations for the judicial system;
(j) To procure, distribute, exchange, transfer and assign such equipment, books, forms and supplies as are acquired with state funds or grant funds or otherwise for the judicial system;
(k) To make recommendations for the improvement of the operations of the judicial system;
(l) To prepare and submit an annual report on the work of the judicial system to the Supreme Court;
(m) To take necessary steps in the collection of unpaid court costs, fines and forfeitures;
(n) To perform such
additional administrative duties relating to the improvement of the
administration of justice as may be assigned by the Supreme Court; * * *
(o) To promulgate
standards, rules and regulations for computer and/or electronic filing and
storage of all court records and court-related records maintained throughout
the state in courts and in offices of circuit and chancery clerks * * *; and
(p) To utilize the
provisions of law that regulate public purchasing in * * * Section 31-7-1 et seq., to
contract with:
(i) A
provider to effectuate the requirements of paragraph ( * * *a) of subsection (2) of this section
for the * * * uniform youth court * * *
data management system * * * designated
by the Administrative Office of Courts; and
(ii) A third party to facilitate the implementation, including the transfer of legacy data, of the new uniform youth court data management system.
(2) (a) The Administrative
Director of Courts shall * * * conduct an audit of designate and implement a new uniform
youth court data management system to replace the Mississippi Youth Court
Information Delivery System (MYCIDS) * * * in accordance with the
recommendations from its completed audit of MYCIDS in a manner that results in
a fully operational uniform youth court data management system by July 1, 2029.
The Administrative Office of Courts may temporarily, on an as-needed basis,
designate MYCIDS as the data management system until the new data management
system is sufficiently operational.
(b) The Administrative
Director of Courts shall provide an annual report to the Judiciary A
Committees of the Mississippi House of Representatives and the Senate by
September 1, * * * 2026, and each September 1
thereafter until the year 2029, that includes:
(i) A * * * progress report of the
development and implementation of the new uniform youth court data management
system;
(ii)
Recommendations * * *
and plans, as needed, to resolve any deficiencies in * * * MYCIDS;
(iii) * * * A timeline
for the creation of * * * a the new uniform youth court data management
system which is to be in operation by July 1, * * * 2027.
* * *
SECTION 44. Section 37-13-91, Mississippi Code of 1972, is amended as follows:
37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."
(2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.
(d) "School day" means the portion of a day during which schools are in session and providing instruction to students, as set by the school board and consistent with State Board of Education accreditation requirements. For purposes of compulsory school attendance, a student shall be considered in full-day attendance if present for at least sixty-six percent (66%) of the student's school day, as defined by the State Board of Education.
(e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.
(f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program.
(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster.
(i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.
(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances:
(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation.
(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for children with physical or mental disadvantages or disabilities.
(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.
The parent, guardian or custodian of a compulsory-school-age child described in this subsection shall complete a "certification of enrollment" to facilitate the administration of this section. The appropriate school official for any or all children attending a charter school or nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section.
The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:
(i) The name, address, telephone number and date of birth of the compulsory-school-age child;
(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child;
(iii) The school district where the compulsory-school-age child resides;
(iv) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a charter school or nonpublic school, the name and address of the school; and
(v) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a charter school or nonpublic school, the signature of the appropriate school official and the date signed.
The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before August 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.
For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.
(4) (a) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-three percent (33%) of the student's school day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:
(i) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.
(ii) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school, and any absence after the third must be documented by a written excuse by a medical provider.
(iii) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.
(iv) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.
(v) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child, with a documented excuse from the medical provider.
(vi) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.
(vii) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.
(viii) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence.
(ix) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.
(x) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor.
(xi) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate.
(b) Limitation on excused absences. Except as otherwise provided in this section, no compulsory-school-age child shall be granted more than five (5) excused absences per semester under subparagraphs (i) through (xi) of paragraph (a) of this subsection (4). Any additional excused absences beyond this limit must be specifically approved by the school district superintendent, or his or her designee, upon a showing of extenuating circumstances. Extenuating circumstances may include, but are not limited to, prolonged illness or injury supported by medical documentation, extended religious observances, or participation in educational opportunities of substantial merit, including out-of-state educational travel. Any absence in excess of this limit, and not approved by the superintendent, shall be considered unexcused for purposes of this chapter. Any absence in excess of the limit set forth in this subsection, and not approved by the superintendent, shall be considered an unexcused absence for purposes of this chapter.
(i) School-sanctioned events, such as athletics, band, choir or other events sponsored by the Mississippi High School Activities Association or a successor entity, shall not be counted as absences.
(ii) School-sanctioned academic or club events shall not be counted as absences.
(c) Chronic absenteeism. For purposes of this section and in alignment with state and federal accountability requirements, a compulsory-school-age child shall be considered chronically absent if the child is absent from school for ten percent (10%) or more of the student's school days in a school year, regardless of whether such absences are excused or unexcused under paragraphs (a) or (b) of this subsection (4).
(i) Each school district shall actively monitor chronic absenteeism rates by school, grade level and subgroup of students. Districts shall include chronic absenteeism data in their annual accountability reporting and in their district- and school-level improvement plans.
(ii) Each school district shall develop and implement tiered intervention strategies for students identified as being at risk of chronic absenteeism. Such strategies shall include, at a minimum: timely parent or guardian notification when a student has accumulated three (3) or more absences that place the student at risk of chronic absenteeism; opportunities for parent or guardian conferences to identify barriers to regular attendance; referral to school- or community-based support services as appropriate, including health, counseling and transportation resources; and assignment of an individualized attendance success plan, which may include mentoring, case management by a school attendance officer, or other evidence-based supports.
(iii) Each school district shall adopt strategies for proactive family engagement to prevent and reduce chronic absenteeism, including, but not limited to: regular communication with families in a language and manner understandable to them about the importance of daily attendance and the consequences of absenteeism; partnering with community organizations, faith-based institutions or local businesses to support families in overcoming barriers to school attendance; and providing training for school staff on culturally responsive family engagement practices related to attendance.
(iv) When a school's chronic absenteeism rate exceeds ten percent (10%) for any subgroup or grade level, the school district shall be required to adopt a written chronic absenteeism reduction plan, which shall be submitted to the school board and made publicly available on the district website. The plan shall describe specific evidence-based practices the district will employ to reduce chronic absenteeism, the timeline for implementation, family and community engagement strategies, and the metrics for measuring progress.
(v) The State Department of Education shall provide technical assistance to districts in the development and implementation of chronic absenteeism reduction strategies and shall annually publish statewide data on chronic absenteeism by district and school.
(d) District policies; local documentation and family engagement.
(i) By November 1, 2026, each school district shall, by board action, adopt and implement locally tailored policies that:
1. Set documentation standards for excuses under subparagraphs (ii) through (v) of paragraph (a) of this subsection (4), including acceptable verification, submission timelines, a locally set limit on parent/guardian notes before third-party documentation is required, and protections for student privacy; and
2. Establish family engagement protocols aligned to this paragraph (d), including timely notice when a student is at risk of chronic absenteeism, a parent/guardian conference and attendance success plan, multichannel/translated communications, and referral to available local supports.
(ii) Policies shall be posted on the district website, reviewed at least every three (3) years, and reported on annually to the school board using disaggregated attendance data.
(iii) The department shall issue a nonbinding model policy or policies not later than August 15, 2026. Adoption of a model policy, or of a substantially aligned policy, by a school district shall constitute minimum compliance.
(e) This subsection (4) shall not be construed to create a new criminal offense or to redefine "unlawful absence," but shall serve as a primary indicator for prevention, intervention and accountability under state and federal law.
(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated eight (8) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent, or his designee, shall report, by close of business of the next business day, the unlawful absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school
attendance officer has made all attempts to secure enrollment and/or attendance
of a compulsory-school-age child and is unable to effect the enrollment and/or
attendance, the attendance officer shall request the youth court prosecutor
to file a petition with the youth court under Section 43-21-451 for the
child * * * and shall request the appropriate
law-enforcement entity to file * * *
in a court of competent jurisdiction as it pertains to enforcement of the
Mississippi Compulsory School Attendance Law or any other remedy available in
law against the parent * * * of the
child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall
be fully authorized to investigate all cases of nonattendance and unlawful
absences by compulsory-school-age children, and shall be authorized to
request the youth court prosecutor to file a petition with the youth court
under Section 43-21-451 for the child or to request the appropriate
law enforcement entity to file * * * in * * *
a court of competent jurisdiction as it pertains to enforcement of
the Mississippi Compulsory School Attendance Law or any other remedy available
in law against the parent * * * of the
child for violation of this section. The youth court shall expedite a hearing
to make an appropriate adjudication and a disposition to ensure compliance with
the Compulsory School Attendance Law, and may order the child to enroll or re-enroll
in school. The superintendent of the school district to which the child
is ordered may assign, in his discretion, the child to the alternative school
program of the school established pursuant to Section 37-13-92. For a
compulsory-school-age child, the youth court shall be the exclusive venue for
enforcement of the Mississippi Compulsory School Attendance Law.
(8) The State Board of Education shall adopt rules and regulations to:
(a) Ensure school superintendents timely report unlawful absences under this section; and
(b) Sanction school districts that do not adhere to said policy though findings of noncompliance on the monitoring process.
(9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program.
SECTION 45. Each regular or special youth court referee shall prepare its causes and docket for the transfer of its causes and docket to the youth court division of the chancery court of each county in which no county court is maintained. The Administrative Office of Courts shall assist each regular or special youth court referee in preparing its causes and docket for the transfer. The Administrative Office of Courts shall transfer the causes and docket of each regular or special youth court referee to the youth court division of the chancery court of each county in which no county court is maintained on July 1, 2027.
SECTION 46. Section 43-21-119, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-119. The judge or his designee shall appoint as provided in Section 43-21-123 sufficient personnel, responsible to and under the control of the youth court, to carry on the professional, clerical and other work of the youth court. The cost of these persons appointed by the youth court shall be paid as provided in Section 43-21-123 out of any available funds budgeted for the youth court by the board of supervisors.
[From and after July 1, 2027, this section shall read 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 47. 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) In addition to all other duties required by law, a guardian ad litem shall have the duty to protect the interest of a child for whom he has been appointed guardian ad litem. The guardian ad litem shall investigate, make recommendations to the court or enter reports as necessary to hold paramount the child's best interest. The guardian ad litem is not an adversary party and the court shall ensure that guardians ad litem perform their duties properly and in the best interest of their wards. The guardian ad litem shall be a competent person who has no adverse interest to the minor. The court shall ensure that the guardian ad litem is adequately instructed on the proper performance of his duties.
(4) The court, including a county court serving as a youth court, may appoint either a suitable attorney or a suitable layman as guardian ad litem. In cases where the court appoints a layman as guardian ad litem, the court shall also appoint an attorney to represent the child. From and after January 1, 1999, in order to be eligible for an appointment as a guardian ad litem, such attorney or layperson must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately preceding such appointment. The Mississippi Judicial College shall determine the amount of child protection and juvenile justice training which shall be satisfactory to fulfill the requirements of this section. The Administrative Office of Courts shall maintain a roll of all attorneys and laymen eligible to be appointed as a guardian ad litem under this section and shall enforce the provisions of this subsection.
(5) Upon appointment of a guardian ad litem, the youth court shall continue any pending proceedings for a reasonable time to allow the guardian ad litem to familiarize himself with the matter, consult with counsel and prepare his participation in the cause. The youth court shall issue an order of assignment that grants the guardian ad litem authority to review all relevant documents concerning the minor child and to interview all parties and witnesses involved in proceedings concerning the minor child for whom the guardian ad litem is appointed.
(6) [Until July 1, 2027, this subsection (6) shall read as follows:] 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.
(6) [From and after
July 1, 2027, this subsection (6) shall read as follows:] Upon order
of the youth court, the guardian ad litem shall be paid a reasonable fee as
determined by the youth court judge * * * out of the county general fund as
provided under Section 43-21-123. To be eligible for such fee, the guardian ad
litem shall submit an accounting of the time spent in performance of his duties
to the court.
(7) (a) The court, in its sound discretion, may appoint a volunteer trained layperson to assist children subject to the provisions of this section in addition to the appointment of a guardian ad litem. If the court utilizes his or her discretion as prescribed under this subsection, a volunteer Court-Appointed Special Advocate (CASA) shall be appointed from a program that supervises the volunteer and meets all state and national CASA standards to advocate for the best interests of children in abuse and neglect proceedings. To accomplish the assignment of a CASA volunteer, the court shall issue an order of assignment that shall grant the CASA volunteer the authority, equal to that of the guardian ad litem, to review all relevant documents and to interview all parties and witnesses involved in the proceeding in which he or she is appointed. Except as otherwise ordered by the court, the assignment of a CASA volunteer for a child shall include subsequent proceedings through permanent placement of the child.
(b) Before assigning a CASA volunteer as prescribed under this subsection, the youth court judge shall determine if the volunteer has sufficient qualifications, training and ability to serve as a CASA volunteer, including his or her ability to represent and advocate for the best interests of children assigned to him or her. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.
All CASA volunteers shall:
(i) Be sworn in by a judge of the court;
(ii) Swear or affirm to abide by all laws, regulations, and orders of the court;
(iii) Swear or affirm to advocate what he or she perceives to be in the best interests of the child for whom he or she is assigned in all matters pending before the court;
(iv) Provide independent, factual information to the court regarding the children and cases to which they are assigned;
(v) Advocate on behalf of the children involved in the cases to which they are assigned what they perceive to be in the best interests of the children; and
(vi) Monitor proceedings in cases to which they have been assigned and advise and assist the court in its determination of the best interests of the children involved.
(c) Regarding any case to which a CASA volunteer has been assigned, the CASA volunteer:
(i) Shall be notified by the court of all court proceedings and hearings of any kind pertaining to the child;
(ii) Shall be notified by the Department of Child Protection Services of all administrative review hearings;
(iii) Shall be entitled to attend all court proceedings and hearings of any kind pertaining to the child;
(iv) May be called as a witness in the proceedings by any party or by the court and may request of the court the opportunity to appear as a witness; and
(v) Shall be given access to all portions of the court record relating to proceedings pertaining to the child and the child's family.
(d) Upon application
to the court and notice to all parties, the court shall grant the CASA
volunteer access to other information, including the department records as
provided in Section 43-21-261, relating to the child and the child's family and
to other matters involved in the proceeding in which he or she is appointed.
All records and information requested or reviewed by the CASA volunteer in the
course of his or her assignment shall be deemed confidential and shall * * * only
be disclosed * * * pursuant to * * * Section 43-21-261
or 43-21-262.
SECTION 48. Section 43-21-123, Mississippi Code of 1972, is amended as follows:
43-21-123. (1)
Except for expenses provided by state funds and/or other monies, the board of
supervisors * * *
shall adequately provide funds for the operation of the youth court division of
the chancery court in conjunction with the regular chancery court budget, or
the county * * *
courts where said courts are constituted. In preparation for said funding, on
an annual basis at the time requested, the youth court judge or administrator
shall prepare and submit to the board of supervisors * * * an annual budget
which will identify the number, staff position, title and amount of annual or
monthly compensation of each position as well as provide for other expenditures
necessary to the functioning and operation of the youth court. When the budget
of the youth court or youth court judge is approved by the board of supervisors * * *,
then the youth court or youth court judge may employ such persons as provided
in the budget from time to time.
(2) The board of
supervisors of any county in which there is located a youth court * * * is
authorized to reimburse the youth court judges and other youth court employees
or personnel for reasonable travel and expenses incurred in the performance of
their duties and in attending educational meetings offering professional
training to such persons as budgeted.
SECTION 49. Section 43-21-159, Mississippi Code of 1972, is amended as follows:
43-21-159. (1) When a person appears before a court other than the youth court, and it is determined that the person is a child under jurisdiction of the youth court, such court shall, unless the jurisdiction of the offense has been transferred to such court as provided in this chapter, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, immediately dismiss the proceeding without prejudice and forward all documents pertaining to the cause to the youth court; and all entries in permanent records shall be expunged. The youth court shall have the power to order and supervise the expunction or the destruction of such records in accordance with Section 43-21-265. Upon petition therefor, the youth court shall expunge the record of any case within its jurisdiction in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped, there was no disposition of such case, or the person was found not delinquent.
In cases where the child is charged with a hunting or fishing violation or a traffic violation, whether it be any state or federal law, a violation of the Mississippi Implied Consent Law, or municipal ordinance or county resolution, or where the child is charged with a violation of Section 67-3-70, the appropriate criminal court shall proceed to dispose of the same in the same manner as for other adult offenders and it shall not be necessary to transfer the case to the youth court of the county. However, unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, a violation of the Mississippi Implied Consent Law, or a violation of Section 67-3-70, committed by a child in a matter under the jurisdiction of the youth court and proceed therewith in accordance with the provisions of this chapter.
(2) [Until July 1, 2027, this subsection (2) shall read as follows:] After conviction and sentence of any child by any other court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of such conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of such charge, such court shall notify the youth court judge or the judge's designee of the conviction and sentence prior to the commencement of such incarceration. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by the criminal court in accordance with Section 43-21-265. However, the youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with Section 43-21-265, and to order a refund of fines and costs.
(2) [From and after
July 1, 2027, this subsection (2) shall read as follows:] After
conviction and sentence of any child by any other court having original
jurisdiction on a misdemeanor charge, and within the time allowed for an appeal
of such conviction and sentence, the youth court of the county shall have the
full power to stay the execution of the sentence and to release the child on
good behavior or on other order as the youth court may see fit to make unless
the child has previously been the subject of a transfer from the youth court to
the circuit court for trial as an adult and was convicted. When a child is
convicted of a misdemeanor and is committed to, incarcerated in or imprisoned
in a jail or other place of detention by a criminal court having proper
jurisdiction of such charge, such court shall notify the youth court judge * * * of the conviction and
sentence prior to the commencement of such incarceration. The youth court
shall have the power to order and supervise the destruction of any records
involving children maintained by the criminal court in accordance with Section
43-21-265. However, the youth court shall have the power to set aside a judgment
of any other court rendered in any matter over which the youth court has
exclusive original jurisdiction, to expunge or destroy the records thereof in
accordance with Section 43-21-265, and to order a refund of fines and costs.
(3) Nothing in subsection (1) or (2) shall apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.
(4) In any case wherein the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of such child and in the interest of justice, may at any stage of the proceedings prior to the attachment of jeopardy transfer such proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime which was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though such youth was an adult. The circuit court shall not have the authority to commit such child to the custody of the Department of Youth Services for placement in a state-supported training school.
(5) In no event shall a court sentence an offender over the age of eighteen (18) to the custody of the Division of Youth Services for placement in a state-supported training school.
(6) When a child's driver's license is suspended by the youth court for any reason, the clerk of the youth court shall report the suspension, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.
(7) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court.
SECTION 50. Section 43-21-201, Mississippi Code of 1972, is amended as follows:
43-21-201. (1) (a) Each party shall have the right to be represented by counsel at all stages of the proceedings including, but not limited to, detention, shelter, adjudicatory and disposition hearings and parole or probation revocation proceedings.
(b) In delinquency matters the court shall appoint legal defense counsel who is not also a guardian ad litem for the same child. If the party is a child, the child shall be represented by counsel at all critical stages: detention, adjudicatory and disposition hearings; parole or probation revocation proceedings; and post-disposition matters. If indigent, the child shall have the right to have counsel appointed for him by the youth court.
(c) A child who is alleged to have been abused or neglected shall be deemed to be a party to the proceedings under this chapter. The child shall be represented by an attorney at all stages of any proceedings held pursuant to this chapter. The court shall appoint an attorney to any child who is unrepresented. Attorneys appointed under this paragraph must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College consistent with Section 43-21-121(4).
The guardian ad litem may serve a dual role as long as no conflict of interest is present. If a conflict of interest arises, the guardian ad litem shall inform the youth court of the conflict, and the youth court shall retain the guardian ad litem to represent the best interest of the child and appoint an attorney to represent the child's preferences as required by Uniform Rule of Youth Court Practice 13(f).
(2) (a) When a party first appears before the youth court, the judge shall ascertain whether he is represented by counsel and, if not, inform him of his rights, including his right to counsel. If the court determines that a custodial parent or guardian who is a party in an abuse, neglect or termination of parental rights proceeding is indigent, the youth court judge shall appoint counsel to represent the indigent parent or guardian in the proceeding. The court may appoint counsel to represent a noncustodial parent if the court determines that the noncustodial parent is indigent and has demonstrated a significant custodial relationship with the child. All parents have the right to be appointed counsel in termination of parental rights hearings, and the court shall appoint counsel if the court makes a finding that the parent is indigent and counsel is requested by the parent. For purposes of this section, indigency shall be determined pursuant to Section 25-32-9 and Rule 7.3 of the Mississippi Rules of Criminal Procedure.
(b) (i) The court shall order a financially able parent or custodian to pay all or part of reasonable attorney's fees and expenses for court-appointed representation after review by the court of an affidavit of financial means completed and verified by a parent or custodian and a determination by the court of an ability to pay.
(ii) All monies collected by the clerk under this paragraph must be retained by the clerk and deposited into a special fund to be known as the "Juvenile Court Representation Fund."
(iii) The Administrative Office of Courts may direct that money from the fund be used in providing counsel for indigent parents or custodians at the trial level in dependency-neglect proceedings.
(iv) Upon a determination of indigency and a finding by the court that the fund does not have sufficient funds to pay reasonable attorney's fees and expenses incurred at the trial court level and that state funds have been exhausted, the court may order the county to pay the reasonable fees and expenses until the state provides funding for counsel.
(v) A special fund, to be designated as the "Juvenile Court Representation Fund", is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be disbursed by the Administrative Office of Courts as provided in this section. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund.
(3) An attorney appointed to represent a child in delinquency and/or children in need of supervision cases shall be required to complete annual juvenile justice training that is approved by the Mississippi Office of State Public Defender and the Mississippi Commission on Continuing Legal Education. An attorney appointed to represent a parent or guardian in an abuse, neglect or termination of parental rights proceeding shall be required to complete annual training that is approved by the Office of State Public Defender and the Mississippi Commission on Continuing Legal Education. The Mississippi Office of State Public Defender and the Mississippi Commission on Continuing Legal Education shall determine the amount of juvenile justice training and continuing education required to fulfill the requirements of this subsection. The State Public Defender shall maintain a roll of attorneys who have complied with the training requirements and shall enforce the provisions of this subsection. Should an attorney fail to complete the annual training requirement or fail to attend the required training within six (6) months of being appointed to a youth court case, the attorney shall be disqualified to serve, and the youth court shall immediately terminate the representation and appoint another attorney. Attorneys appointed by a youth court to ten (10) or fewer cases a year are exempt from the requirements of this subsection.
(4) Attorneys for all parties, including the child's attorney, shall owe the duties of undivided loyalty, confidentiality and competent representation to the party client pursuant to the Mississippi Rules of Professional Conduct.
(5) An attorney shall enter his appearance on behalf of a party in the proceeding by filing a written notice of appearance with the youth court, by filing a pleading, notice or motion signed by counsel or by appearing in open court and advising the youth court that he is representing a party. After counsel has entered his appearance, he shall be served with copies of all subsequent pleadings, motions and notices required to be served on the party he represents. An attorney who has entered his appearance shall not be permitted to withdraw from the case until a timely appeal, if any, has been decided, except by leave of the court then exercising jurisdiction of the cause after notice of his intended withdrawal is served by him on the party he represents.
(6) [Until July 1, 2027, this subsection (6) shall read as follows:] Each designee appointed by a youth court judge shall be subject to the Code of Judicial Conduct and shall govern himself or herself accordingly.
(6) [From and after
July 1, 2027, this subsection (6) shall read as follows:] * * * [Deleted]
(7) The Department of Child Protection Services shall be a necessary party at all stages of the proceedings involving a child for whom the department has custody, including, but not limited to, detention, shelter, adjudicatory, disposition, permanency, termination of parental rights and adoption hearings.
(8) The Department of Child Protection Services shall have the right to hire agency counsel to represent the department and be represented by counsel from the Attorney General's Office at all stages of the proceedings involving a child for whom the department has custody of or may be awarded custody of, including, but not limited to, detention shelter, adjudicatory disposition, permanency, termination of parental rights and adoption hearings.
SECTION 51. Section 43-21-251, Mississippi Code of 1972, is amended as follows:
43-21-251. (1) The court records of the youth court shall include:
(a) A general docket
in which the clerk of the youth court shall enter the names of the parties in
each cause, the date of filing the petition, any other pleadings, * * * issuance and
return of process, and a reference by the minute book and page to all orders
made therein. * * *
(b) All the papers * * *, pleadings * * * and exhibits offered 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(9).
(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 or Section 43-21-262.
(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 52. Section 43-21-255, Mississippi Code of 1972, is amended as follows:
43-21-255. (1) Except as otherwise provided by this section, all records involving children made and retained by law enforcement officers and agencies or by the youth court prosecutor and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261 or Section 43-21-262.
(2) A child in the jurisdiction of the youth court and who has been taken into custody for an act, which if committed by an adult would be considered a felony or offenses involving possession or use of a dangerous weapon or any firearm, may be photographed or fingerprinted or both. Any law enforcement agency taking such photographs or fingerprints shall immediately report the existence and location of the photographs and fingerprints to the youth court. Copies of fingerprints known to be those of a child shall be maintained on a local basis only. Such copies of fingerprints may be forwarded to another local, state or federal bureau of criminal identification or regional depository for identification purposes only. Such copies of fingerprints shall be returned promptly and shall not be maintained by such agencies.
(3) Any law enforcement
record involving children who have been taken into custody for an act, which if
committed by an adult would be considered a felony and/or offenses involving
possession or use of a dangerous weapon including photographs and fingerprints,
may be released to a law enforcement agency supported by public funds, youth
court officials and appropriate school officials * * *.
Law enforcement records shall be released to youth court officials and to
appropriate school officials upon written request. Except as provided in
subsection (4) of this section, any law enforcement agency releasing such
records of children in the jurisdiction of the youth court shall immediately
report the release and location of the records to the youth court. The law
enforcement agencies, youth court officials and school officials receiving such
records are prohibited from using the photographs and fingerprints for any
purpose other than for criminal law enforcement and juvenile law enforcement.
Each law enforcement officer or employee, each youth court official or employee
and each school official or employee receiving the records shall submit to the
sender a signed statement acknowledging his or her duty to maintain the
confidentiality of the records. In no instance shall the fact that such
records of children in the jurisdiction of the youth court exist be conveyed to
any private individual, firm, association or corporation or to any public or
quasi-public agency the duties of which do not include criminal law enforcement
or juvenile law enforcement.
(4) When a child's driver's
license is suspended for refusal to take a test provided under the Mississippi
Implied Consent Law, the law enforcement agency shall report such refusal * * *
to the Commissioner of Public Safety in the same manner as such suspensions are
reported in cases involving adults.
(5) All records involving a child convicted as an adult or who has been twice adjudicated delinquent for a sex offense as defined by Section 45-33-23, Mississippi Code of 1972, shall be public and shall not be kept confidential.
SECTION 53. Section 43-21-259, Mississippi Code of 1972, is amended as follows:
43-21-259. All other records involving children and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261 or Section 43-21-262.
SECTION 54. Section 43-21-301, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.
(2) Except as otherwise provided, no child in a matter in which the youth court has exclusive original jurisdiction shall be taken into custody by a law enforcement officer, the Department of Human Services, the Department of Child Protection Services, or any other person unless the judge or his designee has issued a custody order to take the child into custody.
(3) The judge or his designee may require a law enforcement officer, the Department of Human Services, the Department of Child Protection Services, or any suitable person to take a child into custody for a period not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays.
(a) Custody orders under this subsection may be issued if it appears that there is probable cause to believe that:
(i) The child is within the jurisdiction of the court;
(ii) Custody is necessary because of any of the following reasons: the child is in danger of a significant risk of harm, any person would be in danger of a significant risk of harm by the child, to ensure the child's attendance in court at such time as required, or a parent, guardian or custodian is not available to provide for the care and supervision of the child; and
(iii) There is no reasonable alternative to custody.
A finding of probable cause under this subsection (3)(a) shall not be based solely upon a positive drug test of a newborn or parent for marijuana or solely upon the status of a parent as a cardholder under the Mississippi Medical Cannabis Act; however, a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana. Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subsection (3)(a) for marijuana, may be based: 1. upon a parent's positive drug test for unlawful use of a controlled substance only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody; and 2. upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody.
A child shall not be considered "neglected" solely because the child's parent, guardian or custodian has failed to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child when the failure is caused primarily by financial inability, unless relief services had been offered and refused and the child is in imminent risk of harm.
(b) Custody orders under this subsection shall be written. In emergency cases, a judge or his designee may issue an oral custody order, but the order shall be reduced to writing within forty-eight (48) hours of its issuance.
(c) Each youth court judge shall develop and make available to law enforcement a list of designees who are available after hours, on weekends and on holidays.
(4) The judge or his designee may order, orally or in writing, the immediate release of any child in the custody of any person or agency. Except as otherwise provided in subsection (3) of this section, custody orders as provided by this chapter and authorizations of temporary custody may be written or oral, but, if oral, reduced to writing within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays. The written order shall:
(a) Specify the name and address of the child, or, if unknown, designate him or her by any name or description by which he or she can be identified with reasonable certainty;
(b) Specify the age of the child, or, if unknown, that he or she is believed to be of an age subject to the jurisdiction of the youth court;
(c) Except in cases where the child is alleged to be a delinquent child or a child in need of supervision, state 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), also state that (i) reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his 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 own home, and that there is no reasonable alternative to custody. If the court makes a finding in accordance with (ii) of this paragraph, the court shall order that reasonable efforts be made toward the reunification of the child with his or her family;
(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;
(e) State the date issued and the youth court by which the order is issued; and
(f) Be signed by the judge or his designee with the title of his office.
(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.
(6) (a) No child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed in an adult jail or lockup. An accused status offender shall not be held in secure detention longer than twenty-four (24) hours prior to and twenty-four (24) hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, except under the following circumstances: a status offender may be held in secure detention for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto, and out-of-state runaways may be detained pending return to their home state.
(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.
(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.
(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement to detain or place into custody the juvenile offenders of that county with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility.
(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties shall be allowed a one-year grace period from March 27, 1993, to comply with the provisions of this subsection.
(7) Failure to reduce an oral order to writing within the required time period under this section shall result in the order being null and void. There shall be no liability for actions taken pursuant to an oral order that is later voided under this subsection.
[From and after July 1, 2027, this section shall read as follows:]
43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.
(2) Except as otherwise
provided, no child in a matter in which the youth court has exclusive original
jurisdiction shall be taken into custody by a law enforcement officer, the
Department of Human Services, the Department of Child Protection Services, or
any other person unless the judge * * * has issued a custody order to
take the child into custody.
(3) The judge * * * may require a law
enforcement officer, the Department of Human Services, the Department of Child
Protection Services, or any suitable person to take a child into custody for a
period not longer than forty-eight (48) hours, excluding Saturdays, Sundays,
and statutory state holidays.
(a) Custody orders under this subsection may be issued if it appears that there is probable cause to believe that:
(i) The child is within the jurisdiction of the court;
(ii) Custody is necessary because of any of the following reasons: the child is in danger of a significant risk of harm, any person would be in danger of a significant risk of harm by the child, to ensure the child's attendance in court at such time as required, or a parent, guardian or custodian is not available to provide for the care and supervision of the child; and
(iii) There is no reasonable alternative to custody.
A finding of probable cause under this subsection (3)(a) shall not be based solely upon a positive drug test of a newborn or parent for marijuana or solely upon the status of a parent as a cardholder under the Mississippi Medical Cannabis Act; however, a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana. Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subsection (3)(a) for marijuana, may be based: 1. upon a parent's positive drug test for unlawful use of a controlled substance only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody; and 2. upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody.
A child shall not be considered "neglected" solely because the child's parent, guardian or custodian has failed to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child when the failure is caused primarily by financial inability, unless relief services had been offered and refused and the child is in imminent risk of harm.
(b) Custody orders
under this subsection shall be written. In emergency cases, a judge * * *
may issue an oral custody order, but the order shall be
reduced to writing within forty-eight (48) hours of its issuance.
* * *
(4) The judge * * * may order, orally or in
writing, the immediate release of any child in the custody of any person or
agency. Except as otherwise provided in subsection (3) of this section,
custody orders as provided by this chapter and authorizations of temporary
custody may be written or oral, but, if oral, reduced to writing within forty-eight
(48) hours, excluding Saturdays, Sundays and statutory state holidays. The
written order shall:
(a) Specify the name and address of the child, or, if unknown, designate him or her by any name or description by which he or she can be identified with reasonable certainty;
(b) Specify the age of the child, or, if unknown, that he or she is believed to be of an age subject to the jurisdiction of the youth court;
(c) Except in cases where the child is alleged to be a delinquent child or a child in need of supervision, state 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), also state that (i) reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his 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 own home, and that there is no reasonable alternative to custody. If the court makes a finding in accordance with (ii) of this paragraph, the court shall order that reasonable efforts be made toward the reunification of the child with his or her family;
(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;
(e) State the date issued and the youth court by which the order is issued; and
(f) Be signed by the
judge * * *.
(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.
(6) (a) No child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed in an adult jail or lockup. An accused status offender shall not be held in secure detention longer than twenty-four (24) hours prior to and twenty-four (24) hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, except under the following circumstances: a status offender may be held in secure detention for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto, and out-of-state runaways may be detained pending return to their home state.
(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.
(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.
(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement to detain or place into custody the juvenile offenders of that county with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility.
(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties shall be allowed a one-year grace period from March 27, 1993, to comply with the provisions of this subsection.
(7) Failure to reduce an oral order to writing within the required time period under this section shall result in the order being null and void. There shall be no liability for actions taken pursuant to an oral order that is later voided under this subsection.
SECTION 55. Section 43-21-303, Mississippi Code of 1972, is amended as follows:
43-21-303. (1) No child in a matter in which the youth court has original exclusive jurisdiction shall be taken into custody by any person without a custody order except that:
(a) A law enforcement officer may take a child in custody if:
(i) Grounds exist for the arrest of an adult in identical circumstances; and
(ii) Such law enforcement officer has probable cause to believe that custody is necessary as defined in Section 43-21-301; and
(iii) Such law enforcement officer can find no reasonable alternative to custody; or
(b) A law enforcement officer or an agent of the Department of Child Protection Services or the Department of Human Services may take a child into immediate custody if:
(i) There is probable cause to believe that the child is in immediate danger of personal harm; however, probable cause shall not be based solely upon a positive drug test of a newborn or parent for marijuana or solely upon the status of a parent as a cardholder under the Mississippi Medical Cannabis Act, but a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana. Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subparagraph (i) for marijuana, may be based: 1. upon a parent's positive drug test for unlawful use of a controlled substance only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody; and 2. upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody.
A child shall not be considered "neglected" solely because the child's parent, guardian or custodian has failed to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child when the failure is caused primarily by financial inability, unless relief services had been offered and refused and the child is in imminent risk of harm; and
(ii) There is probable cause to believe that immediate custody is necessary as set forth in Section 43-21-301(3); and
(iii) There is no reasonable alternative to custody; and
(c) Any other person may take a child into custody if grounds exist for the arrest of an adult in identical circumstances. Such other person shall immediately surrender custody of the child to the proper law enforcement officer who shall thereupon continue custody only as provided in paragraph (a) of this subsection.
(2) When it is necessary to take a child into custody, the least restrictive custody should be selected.
(3) [Until July 1, 2027, this subsection (3) shall read as follows:] Unless the child is immediately released, the person taking the child into custody shall immediately notify the judge or his designee. A person taking a child into custody shall also make continuing reasonable efforts to notify the child's parent, guardian or custodian and invite the parent, guardian or custodian to be present during any questioning.
(3) [From and after
July 1, 2027, this subsection (3) shall read as follows:] Unless the
child is immediately released, the person taking the child into custody shall
immediately notify the judge * * *. A person taking a child into
custody shall also make continuing reasonable efforts to notify the child's
parent, guardian or custodian and invite the parent, guardian or custodian to
be present during any questioning.
(4) [Until July 1, 2027, this subsection (4) shall read as follows:] A child taken into custody shall not be held in custody for a period longer than reasonably necessary, but not to exceed twenty-four (24) hours, and shall be released to his parent, guardian or custodian unless the judge or his designee authorizes temporary custody.
(4) [From and after
July 1, 2027, this subsection (4) shall read as follows:] A child
taken into custody shall not be held in custody for a period longer than
reasonably necessary, but not to exceed twenty four (24) hours, and shall be
released to his parent, guardian or custodian unless the judge * * * authorizes temporary custody.
SECTION 56. Section 43-21-307, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-307. The judge or his designee may authorize the temporary custody of a child taken into custody for a period of not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays if the judge or his designee finds there are grounds to issue a custody order as defined in Section 43-21-301 and such custody order complies with the detention requirements provided in Section 43-21-301(6).
[From and after July 1, 2027, this section shall read 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 57. Section 43-21-311, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-311. (1) When a child is taken into custody, he shall immediately be informed of:
(a) The reason for his custody;
(b) The time within which review of the custody shall be held;
(c) His rights during custody including his right to counsel;
(d) All rules and regulations of the place at which he is held;
(e) The time and place of the detention hearing when the time and place is set; and
(f) The conditions of his custody which shall be in compliance with the detention requirements provided in Section 43-21-301(6).
These rights shall be posted where the child may read them, and such rights must be read to the child when he or she is taken into custody.
(2) When a child is taken into custody, the child may immediately telephone his parent, guardian or custodian; his counsel; and personnel of the youth court. Thereafter, he shall be allowed to telephone his counsel or any personnel of the youth court at reasonable intervals. Unless the judge or his designee finds that it is against the best interest of the child, he may telephone his parent, guardian or custodian at reasonable intervals.
(3) When a child is taken into custody, the child may be visited by his counsel and authorized personnel of the youth court at any time. Unless the judge or his designee finds it to be against the best interest of the child, he may be visited by his parent, guardian or custodian during visiting hours which shall be regularly scheduled at least three (3) days per week. The youth court may establish rules permitting visits by other persons.
(4) Except for the child's counsel, guardian ad litem and authorized personnel of the youth court, no person shall interview or interrogate a child held in a detention or shelter facility unless approval therefor has first been obtained from the judge or his designee. When a child in a detention or shelter facility is represented by counsel or has a guardian ad litem, no person may interview or interrogate the child concerning the violation of a state or federal law, or municipal or county ordinance by the child unless in the presence of his counsel or guardian ad litem or with their consent.
[From and after July 1, 2027, this section shall read 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 58. Section 43-21-323, Mississippi Code of 1972, is amended as follows:
43-21-323. (1)
There is established the Juvenile Detention Facilities Monitoring Unit within
the Department of Public Safety to work in cooperation with the * * * Family Services Forum for Mississippi Children,
Youth, and Families and the Juvenile Justice Advisory Committee described
in Sections 45-1-33 and * * * 43-21-126;
the Juvenile Detention Facilities Monitoring Unit is the licensing agency for
juvenile detention facilities, as defined in Section 43-21-905. The unit shall
be responsible for investigating, evaluating and securing the rights of
children held in juvenile justice facilities, including detention centers,
training schools and group homes throughout the state to ensure that the
facilities operate in compliance with national best practices and state and
federal law. The monitoring unit shall only monitor group homes that serve as
a dispositional placement for delinquent youth pursuant to Section 43-21-605.
Nothing in this section shall be construed as giving the monitoring unit
authority to monitor foster care or shelter care placements. All monitors
shall be employees of the Department of Public Safety. The inspections by the
unit shall encompass the following:
(a) To review and evaluate (i) all procedures set by detention centers, training schools and group homes and (ii) all records containing information related to the operations of the detention centers, training schools and group homes;
(b) To review and investigate all complaints filed with the monitoring unit concerning children's treatment in detention centers, training schools and group homes;
(c) To conduct quarterly monitoring visits of all detention centers, training schools and group homes. The monitor shall have access to an entire facility and shall conduct confidential interviews with youth and facility staff;
(d) To advise a facility on how to meet the needs of children who require immediate attention;
(e) To provide technical assistance and advice to juvenile detention facilities, which will assist the facilities in complying with state and federal law.
To carry out the duties in this subsection (1) a monitor may consult with an administrator, employee, child, parent, expert or other individual in the course of monitoring or investigating. In addition, the monitor may review court documents and other confidential records as necessary to fulfill these duties.
(2) Additional duties of the monitoring unit are as follows:
(a) To make available on a quarterly basis to the Governor, Lieutenant Governor and each member of the Legislature and each member of a county board of supervisors, a report that describes:
(i) The work of the monitoring unit;
(ii) The results of any review or investigation undertaken by the monitoring unit;
(iii) Any allegations of abuse or injury of a child; and
(iv) Any problems concerning the administration of a detention center.
The reports described in this subsection shall keep the names of all children, parents and employees confidential.
(b) To promote awareness among the public and the children held in detention by providing the following:
(i) How the monitoring unit may be contacted;
(ii) The purpose of the monitoring unit; and
(iii) The services that the monitoring unit provides.
(3) The records of a monitor shall be confidential. Any child, staff member, parent or other interested individual may communicate to a monitor in person, by mail, by phone, or any other means. All communications shall be kept confidential and privileged, except that the youth court and the facility shall have access to such records, but the identity of reporters shall remain confidential.
SECTION 59. 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 60. Section 43-21-605, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:
(a) Release the child without further action;
(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform and which are not in conflict with a provider's determination of medical necessity;
(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;
(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
(g) Give legal custody of the child to any of the following:
(i) The Department of Human Services for appropriate placement; or
(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or
(iii) The Division of Youth Services for placement in the least restrictive environment, except that no child under the age of twelve (12) years shall be committed to the state training school. Only a child who has been adjudicated delinquent for a felony may be committed to the training school. In the event a child is committed to the Oakley Youth Development Center by the court, the child shall be deemed to be committed to the custody of the Department of Human Services which may place the child in the Oakley Youth Development Center or another appropriate facility.
The training school may retain custody of the child until the child's twentieth birthday but for no longer. When the child is committed to the training school, the child shall remain in the legal custody of the training school until the child has made sufficient progress in treatment and rehabilitation and it is in the best interest of the child to release the child. However, the superintendent of the state training school, in consultation with the treatment team, may parole a child at any time he or she may deem it in the best interest and welfare of such child. Ten (10) business days before the parole, the training school shall notify the committing court of the pending release. This notice may be made in less than ten (10) days if Oakley Youth Development Center needs to manage population limitations. The youth court may then arrange subsequent placement after a reconvened disposition hearing, except that the youth court may not recommit the child to the training school or any other secure facility without an adjudication of a new offense or probation or parole violation. The Department of Human Services shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's training school education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers. Before 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. No child shall be placed in the custody of the state training school for a status offense or for contempt of or revocation of a status offense adjudication unless the child is contemporaneously adjudicated for having committed an act of delinquency that is not a status offense. A disposition order rendered under this subparagraph shall meet the following requirements:
1. The disposition is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply for or attend the program;
(i) Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his or her parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program as follows:
(i) The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he or she was adjudicated on the weekends during school and weekdays during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;
(ii) The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;
(j) Order the child to participate in a youth court work program as provided in Section 43-21-627;
(k) Order terms of house arrest under the intensive supervision program as created in Sections 47-5-1001 through 47-5-1015. The Department of Human Services shall take bids for the placement of juveniles in the intensive supervision program. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program. For each county there shall be seventy-five (75) slots created in the intensive supervision program for juveniles. Any youth ordered into the intensive home-based supervision program shall receive comprehensive strength-based needs assessments and individualized treatment plans. Based on the assessment, an individualized treatment plan shall be developed that defines the supervision and programming that is needed by a youth. The treatment plan shall be developed by a multidisciplinary team that includes the family of the youth whenever possible. The juvenile shall pay Ten Dollars ($10.00) to offset the cost of administering the alcohol and drug test. The juvenile must attend school, alternative school or be in the process of working toward a High School Equivalency Diploma certificate;
(l) (i) Order the child into a juvenile detention center operated by the county or into a juvenile detention center operated by any county with which the county in which the court is located has entered into a contract for the purpose of housing delinquents, except that a child under the age of twelve (12) years cannot be held in secure detention as a disposition. The time period for detention cannot exceed ninety (90) days, and any detention exceeding forty-five (45) days shall be administratively reviewed by the youth court no later than forty-five (45) days after the entry of the order. At that time the youth court counselor shall review the status of the youth in detention and shall report any concerns to the court. The youth court judge may order that the number of days specified in the detention order be served either throughout the week or on weekends only. No first-time nonviolent youth offender shall be committed to a detention center for a period in excess of ninety (90) days until all other options provided for in this section have been considered and the court makes a specific finding of fact by a preponderance of the evidence by assessing what is in the best rehabilitative interest of the child and the public safety of communities and that there is no reasonable alternative to a nonsecure setting and therefore commitment to a detention center is appropriate.
(ii) If a child is committed to a detention center for ninety (90) days, the disposition order shall meet the following requirements:
1. The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition order allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(m) The judge may consider house arrest in an intensive supervision program as a reasonable prospect of rehabilitation within the juvenile justice system. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program;
(n) Referral to A-team provided system of care services; or
(o) Place the child on electronic monitoring subject to any conditions and limitations as the youth court may prescribe.
(2) If a disposition order requires that a child miss school due to other placement, the youth court shall notify a child's school while maintaining the confidentiality of the youth court process. If a disposition order requires placement of a child in a juvenile detention facility, the facility shall comply with the educational services and notification requirements of Section 43-21-321.
(3) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).
(4) If the youth court places a child in a state-supported training school, the court may order the parents or guardians of the child and other persons living in the child's household to receive counseling and parenting classes for rehabilitative purposes while the child is in the legal custody of the training school. A youth court entering an order under this subsection (4) shall utilize appropriate services offered either at no cost or for a fee calculated on a sliding scale according to income unless the person ordered to participate elects to receive other counseling and classes acceptable to the court at the person's sole expense.
(5) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.
(6) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.
(7) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "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.
(8) The youth court may require drug testing as part of a disposition order. If a child tests positive, the court may require treatment, counseling and random testing, as it deems appropriate. The costs of such tests shall be paid by the parent, guardian or custodian of the child unless the court specifically finds that the parent, guardian or custodian is unable to pay.
(9) The Mississippi Department of Human Services, Division of Youth Services, shall operate and maintain services for youth adjudicated delinquent at the Oakley Youth Development Center. The program shall be designed for children committed to the training schools by the youth courts. The purpose of the program is to promote good citizenship, self-reliance, leadership and respect for constituted authority, teamwork, cognitive abilities and appreciation of our national heritage. The program must use evidenced-based practices and gender-specific programming and must develop an individualized and specific treatment plan for each youth. The Division of Youth Services shall issue credit towards academic promotions and high school completion. The Division of Youth Services may award credits to each student who meets the requirements for a general education development certification. The Division of Youth Services must also provide to each special education eligible youth the services required by that youth's individualized education plan.
[From and after July 1, 2027, this section shall read as follows:]
43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:
(a) Release the child without further action;
(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform and which are not in conflict with a provider's determination of medical necessity;
(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;
(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
(g) Give legal custody of the child to any of the following:
(i) The Department of Human Services for appropriate placement; or
(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or
(iii) The Division of Youth Services for placement in the least restrictive environment, except that no child under the age of twelve (12) years shall be committed to the state training school. Only a child who has been adjudicated delinquent for a felony may be committed to the training school. In the event a child is committed to the Oakley Youth Development Center by the court, the child shall be deemed to be committed to the custody of the Department of Human Services which may place the child in the Oakley Youth Development Center or another appropriate facility.
The training school may
retain custody of the child until the child's twentieth birthday but for no
longer. When the child is committed to the training school, the child shall
remain in the legal custody of the training school until the child has made
sufficient progress in treatment and rehabilitation and it is in the best
interest of the child to release the child. However, the superintendent of the
state training school, in consultation with the treatment team, may parole a
child at any time he or she may deem it in the best interest and welfare of
such child. Ten (10) business days before the parole, the training school
shall notify the committing court of the pending release. This notice may be made
in less than ten (10) days if Oakley Youth Development Center needs to manage
population limitations. The youth court may then arrange subsequent placement
after a reconvened disposition hearing, except that the youth court may not
recommit the child to the training school or any other secure facility without
an adjudication of a new offense or probation or parole violation. The
Department of Human Services shall ensure that staffs create transition
planning for youth leaving the facilities. Plans shall include providing the
youth and his or her parents or guardian with copies of the youth's training
school education and health records, information regarding the youth's home
community, referrals to mental and counseling services when appropriate, and
providing assistance in making initial appointments with community service
providers. Before assigning the custody of any child to any private
institution or agency, the youth court * * * shall first inspect the physical facilities to determine
that they provide a reasonable standard of health and safety for the child. No
child shall be placed in the custody of the state training school for a status
offense or for contempt of or revocation of a status offense adjudication
unless the child is contemporaneously adjudicated for having committed an act
of delinquency that is not a status offense. A disposition order rendered
under this subparagraph shall meet the following requirements:
1. The disposition is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply for or attend the program;
(i) Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his or her parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program as follows:
(i) The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he or she was adjudicated on the weekends during school and weekdays during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;
(ii) The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;
(j) Order the child to participate in a youth court work program as provided in Section 43-21-627;
(k) Order terms of house arrest under the intensive supervision program as created in Sections 47-5-1001 through 47-5-1015. The Department of Human Services shall take bids for the placement of juveniles in the intensive supervision program. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program. For each county there shall be seventy-five (75) slots created in the intensive supervision program for juveniles. Any youth ordered into the intensive home-based supervision program shall receive comprehensive strength-based needs assessments and individualized treatment plans. Based on the assessment, an individualized treatment plan shall be developed that defines the supervision and programming that is needed by a youth. The treatment plan shall be developed by a multidisciplinary team that includes the family of the youth whenever possible. The juvenile shall pay Ten Dollars ($10.00) to offset the cost of administering the alcohol and drug test. The juvenile must attend school, alternative school or be in the process of working toward a High School Equivalency Diploma certificate;
(l) (i) Order the child into a juvenile detention center operated by the county or into a juvenile detention center operated by any county with which the county in which the court is located has entered into a contract for the purpose of housing delinquents, except that a child under the age of twelve (12) years cannot be held in secure detention as a disposition. The time period for detention cannot exceed ninety (90) days, and any detention exceeding forty-five (45) days shall be administratively reviewed by the youth court no later than forty-five (45) days after the entry of the order. At that time the youth court counselor shall review the status of the youth in detention and shall report any concerns to the court. The youth court judge may order that the number of days specified in the detention order be served either throughout the week or on weekends only. No first-time nonviolent youth offender shall be committed to a detention center for a period in excess of ninety (90) days until all other options provided for in this section have been considered and the court makes a specific finding of fact by a preponderance of the evidence by assessing what is in the best rehabilitative interest of the child and the public safety of communities and that there is no reasonable alternative to a nonsecure setting and therefore commitment to a detention center is appropriate.
(ii) If a child is committed to a detention center for ninety (90) days, the disposition order shall meet the following requirements:
1. The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition order allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(m) The judge may consider house arrest in an intensive supervision program as a reasonable prospect of rehabilitation within the juvenile justice system. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program;
(n) Referral to A-team provided system of care services; or
(o) Place the child on electronic monitoring subject to any conditions and limitations as the youth court may prescribe.
(2) If a disposition order requires that a child miss school due to other placement, the youth court shall notify a child's school while maintaining the confidentiality of the youth court process. If a disposition order requires placement of a child in a juvenile detention facility, the facility shall comply with the educational services and notification requirements of Section 43-21-321.
(3) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).
(4) If the youth court places a child in a state-supported training school, the court may order the parents or guardians of the child and other persons living in the child's household to receive counseling and parenting classes for rehabilitative purposes while the child is in the legal custody of the training school. A youth court entering an order under this subsection (4) shall utilize appropriate services offered either at no cost or for a fee calculated on a sliding scale according to income unless the person ordered to participate elects to receive other counseling and classes acceptable to the court at the person's sole expense.
(5) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.
(6) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.
(7) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "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.
(8) The youth court may require drug testing as part of a disposition order. If a child tests positive, the court may require treatment, counseling and random testing, as it deems appropriate. The costs of such tests shall be paid by the parent, guardian or custodian of the child unless the court specifically finds that the parent, guardian or custodian is unable to pay.
(9) The Mississippi Department of Human Services, Division of Youth Services, shall operate and maintain services for youth adjudicated delinquent at the Oakley Youth Development Center. The program shall be designed for children committed to the training schools by the youth courts. The purpose of the program is to promote good citizenship, self-reliance, leadership and respect for constituted authority, teamwork, cognitive abilities and appreciation of our national heritage. The program must use evidenced-based practices and gender-specific programming and must develop an individualized and specific treatment plan for each youth. The Division of Youth Services shall issue credit towards academic promotions and high school completion. The Division of Youth Services may award credits to each student who meets the requirements for a general education development certification. The Division of Youth Services must also provide to each special education eligible youth the services required by that youth's individualized education plan.
SECTION 61. Section 43-21-607, Mississippi Code of 1972, is amended as follows:
43-21-607. (1) In children in need of supervision cases, the disposition order may include any of the following alternatives or combination of the following alternatives, giving precedence in the following sequence:
(a) Release the child without further action;
(b) Place the child in the custody of the parent, a relative or other person subject to any conditions and limitations as the youth court may prescribe;
(c) Place the child under youth court supervision subject to any conditions and limitations the youth court may prescribe;
(d) 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;
(e) Order terms of supervision which may include participation in a constructive program of service or education or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the parties and reasonably capable of performance within one (1) year;
(f) Give legal custody of the child to any of the following but in no event to any state training school;
(i) The Department of Human Services for appropriate placement which may include a wilderness training program; or
(ii) [Until July 1, 2027, this subparagraph (ii) shall read as follows:] 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; or
(ii) [From
and after July 1, 2027, this subparagraph (ii) shall read as follows:]
Any private or public organization, preferably community based, able to assume
the education, care and maintenance of the child, which has been found suitable
by the court. Prior to assigning the custody of any child to any private
institution or agency, the youth court * * * shall first inspect the
physical facilities to determine that they provide a reasonable standard of
health and safety for the child; or
(g) Order the child to participate in a youth court work program as provided in Section 43-21-627.
(2) The court may order drug testing as provided in Section 43-21-605(6).
SECTION 62. Section 43-21-753, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
43-21-753. The youth court of any county in the state may establish a teen court program for the diversion of certain offenders who have waived all right of confidentiality and privilege against self-incrimination. The youth court of Rankin County may extend its teen court program within the city limits of Pearl. The offenders eligible to participate shall be those offenders who in the discretion of the youth court are suitable and compulsory-school-age children who have come into the jurisdiction of the youth court as a result of not attending school. The teen court shall be a preventive program for juveniles comprised of youth who are not less than thirteen (13) nor more than seventeen (17) years of age, which students shall serve as prosecutor, defense counsel, bailiff, court clerk and jurors. The program is to administer the "sentencing" or disposition phase of the proceedings against offenders who elect to participate, shall be under the guidance of the local youth court, and shall be approved by the local youth court. The youth court judge, or his designee who is a licensed attorney, shall preside. The teen court is authorized to require eligible offenders who choose to go to teen court in lieu of youth court to perform up to one hundred twelve (112) hours of community service, require offenders to make a personal apology to a victim, require offenders to submit a research paper on any relevant subject, attend counseling and make restitution or any other disposition authorized by the youth court. The youth court shall establish rules and regulations, including sentencing guidelines, for the operation of a teen court. The teen court is authorized to accept monies from any available public or private source, including public or private donations, grants, gifts and appropriated funds for funding expenses of operating the court.
Teen court may be held at whatever location the youth court selects at whatever time or times. Eligible offenders shall be only those children who agree to participate in the teen court and to abide by the teen court's rulings, whose parents or legal guardian shall also so agree, and who are otherwise qualified to participate.
The youth court judge may require an offender who elects to participate in the teen court to pay a fee not to exceed Five Dollars ($5.00); any such fees shall be used in administering this article, and the fee shall not be refunded, regardless of whether the child successfully completes the teen court program.
[From and after July 1, 2027, this section shall read as follows:]
43-21-753. The youth court
of any county in the state may establish a teen court program for the diversion
of certain offenders who have waived all right of confidentiality and privilege
against self-incrimination. The youth court of Rankin County may extend its
teen court program within the city limits of Pearl. The offenders eligible to
participate shall be those offenders who in the discretion of the youth court
are suitable and compulsory-school-age children who have come into the
jurisdiction of the youth court as a result of not attending school. The teen
court shall be a preventive program for juveniles comprised of youth who are
not less than thirteen (13) nor more than seventeen (17) years of age, which
students shall serve as prosecutor, defense counsel, bailiff, court clerk and
jurors. The program is to administer the "sentencing" or disposition
phase of the proceedings against offenders who elect to participate, shall be
under the guidance of the local youth court, and shall be approved by the local
youth court. The youth court judge * * *
shall preside. The teen court is authorized to require eligible offenders who
choose to go to teen court in lieu of youth court to perform up to one hundred
twelve (112) hours of community service, require offenders to make a personal
apology to a victim, require offenders to submit a research paper on any
relevant subject, attend counseling and make restitution or any other
disposition authorized by the youth court. The youth court shall establish rules
and regulations, including sentencing guidelines, for the operation of a teen
court. The teen court is authorized to accept monies from any available public
or private source, including public or private donations, grants, gifts and
appropriated funds for funding expenses of operating the court.
Teen court may be held at whatever location the youth court selects at whatever time or times. Eligible offenders shall be only those children who agree to participate in the teen court and to abide by the teen court's rulings, whose parents or legal guardian shall also so agree, and who are otherwise qualified to participate.
The youth court judge may require an offender who elects to participate in the teen court to pay a fee not to exceed Five Dollars ($5.00); any such fees shall be used in administering this article, and the fee shall not be refunded, regardless of whether the child successfully completes the teen court program.
SECTION 63. 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 64. Section 19-9-96, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2027, this section shall read as follows:]
19-9-96. The board of
supervisors of any county may, in its discretion, set aside, appropriate and
expend moneys from the general fund to be used for funding of the operation of
the youth court division * * * other than a municipal youth court division. Such funds
shall be expended for no other purpose than:
(a) Payment of the salaries of the referees, court administrators, youth court prosecutor when court appointed, youth court public defender, court reporters other than regular chancery court or county court reporters, clinical psychologists and other professional personnel, secretaries and other clerical or other court-appointed personnel, detention home employees, shelter home employees, halfway house employees and youth counsellors;
(b) Travel and training expenses;
(c) The operation of a youth court and related facilities, detention facilities, shelter home facilities, group homes and halfway houses;
(d) Volunteer programs or other court-authorized programs;
(e) Providing the youth court referee with a current set of the Mississippi Code of 1972 if a set has not been provided.
[From and after July 1, 2027, this section shall read as follows:]
19-9-96. The board of
supervisors of any county may, in its discretion, set aside, appropriate and
expend moneys from the general fund to be used for funding of the operation of
the youth court division * * * other than a municipal youth court division. Such funds
shall be expended for no other purpose than:
(a) Payment of the
salaries of the * * * judges, court administrators,
youth court prosecutor when court appointed, youth court public defender, court
reporters other than regular chancery court or county court reporters, clinical
psychologists and other professional personnel, secretaries and other clerical
or other court-appointed personnel, detention home employees, shelter home
employees, halfway house employees and youth counsellors;
(b) Travel and training expenses;
(c) The operation of a youth court and related facilities, detention facilities, shelter home facilities, group homes and halfway houses;
(d) Volunteer programs or other court-authorized programs;
(e) Providing the
youth court * * * judge with a current set of the
Mississippi Code of 1972 if a set has not been provided.
SECTION 65. Sections 93-31-1, 93-31-5, and 93-31-7, Mississippi Code of 1972, which are the remaining provisions of the Supporting and Strengthening Families Act, are hereby repealed.
SECTION 66. For no more than ninety (90) days for youth housed in state-owned, youth detention facilities after a shelter or detention hearing, the county shall pay an amount not to exceed One Hundred Dollars ($100.00) per day to house each youth. SECTION 67. Section 9-5-55, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2027, this section shall read as follows:]
9-5-55. (1) The Nineteenth Chancery Court District is composed of the following counties:
(a) Jones County; and
(b) Wayne County.
(2) While there shall be no limitation whatsoever upon the powers and duties of the chancellor other than as cast upon him or her by the Constitution and laws of this state, the court in the Nineteenth Chancery Court District, in the discretion of the senior chancellor, may be divided into separate divisions for the efficient handling of cases based on subject matter, judicial economy, or other factors by entry of an order upon the minutes.
[From January 1, 2027, and until January 1, 2031, this section shall read as follows:]
9-5-55. (1) The Nineteenth Chancery Court District is composed of the following counties:
(a) Greene County;
(b) Jones County; and
(c) Wayne County.
(2) There shall be two (2) chancellors for the Nineteenth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." The chancellor to fill Place One must reside in Jones County, and the chancellor to fill Place Two may reside in any county in the district, except Jones County.
(3) While there shall be no limitation whatsoever upon the powers and duties of the chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Nineteenth Chancery Court District, in the discretion of the senior chancellor, may be divided into separate divisions for the efficient handling of cases based on subject matter, judicial economy, or other factors by entry of an order upon the minutes.
[From and after January 1, 2031, this section shall read as follows:]
9-5-55. (1) The Nineteenth Chancery Court District is composed of the following counties:
(a) George County;
(b) Greene County;
(c) Jones County; and
(d) Wayne County.
(2) There shall be two (2) chancellors for the Nineteenth Chancery Court District. The two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." The chancellor to fill Place One must reside in Jones County, and the chancellor to fill Place Two may reside in any county in the district, except Jones County.
(3) While there shall be no limitation whatsoever upon the powers and duties of the chancellors other than as cast upon them by the Constitution and laws of this state, the court in the Nineteenth Chancery Court District, in the discretion of the senior chancellor, may be divided into separate divisions for the efficient handling of cases based on subject matter, judicial economy, or other factors by entry of an order upon the minutes.
SECTION 68. This act shall take effect and be in force from and after passage.
