Bill Text: MS SB2271 | 2024 | Regular Session | Introduced
Bill Title: Right to counsel; provide for in certain Youth Court proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2271 Detail]
Download: Mississippi-2024-SB2271-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2271
AN ACT TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO REQUIRE A YOUTH COURT JUDGE TO APPOINT COUNSEL FOR AN INDIGENT CUSTODIAL PARENT OR GUARDIAN WHO IS A PARTY IN AN ABUSE, NEGLECT OR TERMINATION OF PARENTAL RIGHTS PROCEEDING; TO AUTHORIZE A YOUTH COURT JUDGE TO APPOINT COUNSEL FOR AN INDIGENT NONCUSTODIAL PARENT IF THE YOUTH COURT JUDGE DETERMINES THAT THE PARENT HAS DEMONSTRATED A SIGNIFICANT CUSTODIAL RELATIONSHIP WITH THE CHILD; TO REQUIRE AN ATTORNEY APPOINTED TO REPRESENT A CHILD WHO IS ALLEGED TO HAVE BEEN ABUSED OR NEGLECTED TO COMPLETE ANNUAL JUVENILE JUSTICE TRAINING THAT IS APPROVED BY THE MISSISSIPPI JUDICIAL COLLEGE AND THE MISSISSIPPI COMMISSION ON CONTINUING LEGAL EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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.
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) 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 youth court judge 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 shall have the
right to be appointed counsel in termination of parental rights hearings, and the
youth court judge shall appoint counsel if the court makes a finding that the parent
is indigent and counsel is requested by the parent.
(3) An attorney appointed to represent a child who is alleged to have been abused or neglected shall be required to complete annual juvenile justice training that is approved by the Mississippi Judicial College and the Mississippi Commission on Continuing Legal Education. An attorney appointed to represent a child in a delinquency matter 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 five (5) or fewer cases a year are exempt from the requirements of this subsection.
(4) The child's attorney shall owe the same duties of undivided loyalty, confidentiality and competent representation to the child or minor as is due an adult 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) Each designee appointed by a youth court judge shall be subject to the Code of Judicial Conduct and shall govern himself or herself accordingly.
(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, shelter, adjudicatory, disposition, permanency hearings and termination of parental rights.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
