Bill Text: MS SB2686 | 2026 | Regular Session | Introduced
Bill Title: Termination of parental rights; require appointment of guardian ad litem in all cases of with limited exception.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2686 Detail]
Download: Mississippi-2026-SB2686-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division A
By: Senator(s) Hickman
Senate Bill 2686
AN ACT TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPOINTMENT OF A GUARDIAN AD LITEM FOR THE CHILD IN ALL TERMINATION OF PARENTAL RIGHTS PROCEEDINGS UNLESS THE COURT FINDS, ON THE RECORD, THAT THE APPOINTMENT OF A GUARDIAN AD LITEM IS UNNECESSARY TO PROTECT THE BEST INTERESTS OF THE CHILD DUE TO THE NATURE OF THE PROCEEDINGS, THE ISSUES PRESENTED, AND THE ABSENCE OF CONTESTED FACTUAL MATTERS AFFECTING THE CHILD'S WELFARE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-15-107, Mississippi Code of 1972, is amended as follows:
93-15-107. (1) (a) Involuntary termination of parental rights proceedings are commenced upon the filing of a petition under this chapter. The petition may be filed by any interested person, or any agency, institution or person holding custody of the child. The simultaneous filing of a petition for adoption is not a prerequisite for filing a petition under this chapter.
(b) The proceeding shall be triable, either in term time or vacation, thirty (30) days after personal service of process to any necessary party or, for a necessary party whose address is unknown after diligent search, thirty (30) days after the date of the first publication of service of process by publication that complies with the Mississippi Rules of Civil Procedure.
(c) Necessary parties to a termination of parental rights action shall include the mother of the child, the legal father of the child, the putative father of the child when known, and any agency, institution or person holding custody of the child. If the child is twelve (12) years or older at the time of the hearing, a summons must be issued and served upon the minor child, together with a copy of the petition, not less than seven (7) days before the hearing. The minor child shall be represented by counsel throughout the proceedings. The court shall appoint an attorney for any minor child who is unrepresented, so the court has the benefit of knowing the child's stated interest. If the child is fourteen (14) years or older at the time of the hearing, the child's preferences, if any, regarding the termination of parental rights shall be considered by the court. The absence of a necessary party who has been properly served does not preclude the court from conducting the hearing or rendering a final judgment.
(d) A guardian ad
litem shall be appointed to protect the best interest of the child, except that
the court * * * may waive this requirement * * *
where the court, on the record, that the appointment of a guardian ad litem
is unnecessary to protect the best interests of the child due to the nature of
the proceedings, the issues presented, and the absence of contested factual
matters affecting the child's welfare. The guardian ad litem fees shall be
determined and assessed in the discretion of the court.
(e) The style of the case shall not include the child's name when the child is not the party plaintiff or petitioner.
(2) Voluntary termination of parental rights by written voluntary release is governed by Section 93-15-111.
(3) In all cases involving termination of parental rights, a minor parent shall be served with process as an adult.
(4) The court may waive service of process if an adoptive child was born in a foreign country, put up for adoption in the birth country, and has been legally admitted into this country.
(5) The clerk shall docket cases seeking relief under this chapter as priority cases. The assigned judge shall be immediately notified when a case is filed in order to provide for expedited proceedings.
(6) (a) Once the petition for termination of parental rights is filed with the court of competent jurisdiction, the court shall hold a hearing on the petition within ninety (90) calendar days of the date the petition is filed, absent extraordinary circumstances.
(b) For purposes of this subsection, the ninety-calendar-day time period will commence when perfected service is made on the parents.
(c) For purposes of this subsection, extraordinary circumstances include:
(i) The Mississippi Supreme Court orders the suspension of in-person court proceedings; or
(ii) One (1) of the following has occurred:
1. The President of the United States has declared a national emergency; or
2. The Governor has declared a state of emergency or a statewide public health emergency; or
(iii) If the best interest of the child is served and the chancellor makes specific findings of such.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.
