Youth court; revise various provisions pertaining to.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yates

HOUSE BILL NO. 1670

AN ACT TO AMEND SECTION 9-5-91, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE CHANCERY CLERKS TO PREPARE CERTAIN DOCUMENTS IN ALL CASES, 2
NOT JUST CONTESTED CASES, WHERE GUARDIAN AD LITEM FEES EXCEED A 3
CERTAIN AMOUNT; TO AMEND SECTION 9-5-165, MISSISSIPPI CODE OF 4
1972, TO REMOVE THE PROHIBITION AGAINST REMOVING CERTAIN YOUTH 5
COURT DOCUMENTS FROM THE CHANCERY CLERKS OFFICE; TO AMEND SECTION 6
9-21-9, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN FUNDING FOR 7
THE MISSISSIPPI YOUTH COURT INFORMATION DELIVERY SYSTEM (MYCIDS); 8
TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REMOVE 9
THE TERM "DESIGNEE" FROM THE YOUTH COURT LAW; TO AMEND SECTION 10
43-21-115, MISSISSIPPI CODE OF 1972, TO MAKE CERTAIN REVISIONS 11
CONCERNING THE ESTABLISHMENT OF THE INTAKE UNIT; TO AMEND SECTION 12
43-21-117, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT IN ALL 13
DELINQUENCY PROCEEDINGS THE YOUTH COURT PROSECUTOR REPRESENTS THE 14
STATE; TO AMEND SECTION 43-21-119, MISSISSIPPI CODE OF 1972, TO 15
PROVIDE THAT THE YOUTH COURT JUDGE, NOT A DESIGNEE, SHALL APPOINT 16
CERTAIN PERSONNEL; TO AMEND SECTION 43-21-121, MISSISSIPPI CODE OF 17
1972, CONCERNING THE APPOINTMENT OF GUARDIAN AD LITEMS; TO AMEND 18
SECTION 43-21-203, MISSISSIPPI CODE OF 1972, TO REMOVE THE 19
PROHIBITION AGAINST THE GENERAL PUBLIC ATTENDING CERTAIN HEARINGS; 20
TO AMEND SECTION 43-21-251, MISSISSIPPI CODE OF 1972, TO REMOVE 21
THE REQUIREMENT THAT THE GENERAL DOCKET BE INDEXED IN THE 22
ALPHABETICAL ORDER OF THE NAME OF THE PARTIES; TO AMEND SECTION 23
43-21-257, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT 24
THAT THE OFFICE OF YOUTH SERVICES MAINTAIN A CERTAIN STATE CENTRAL 25
REGISTRY; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO 26
REVISE WHO MAY RECEIVE CERTAIN YOUTH COURT RECORDS; TO BRING 27
FORWARD SECTION 43-21-263, MISSISSIPPI CODE OF 1972, WHICH 28
PERTAINS TO SEALING AND UNSEALING OF YOUTH COURT RECORDS; TO AMEND 29
SECTION 43-21-307, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONLY 30
A JUDGE, NOT HIS DESIGNEE, MAY AUTHORIZE TEMPORARY CUSTODY; TO 31
AMEND SECTION 43-21-311, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 32
ONLY A JUDGE, NOT HIS DESIGNEE, MAY HANDLE CERTAIN MATTERS 33
CONCERNING THE RIGHTS OF A CHILD IN CUSTODY; TO AMEND SECTION 34
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43-21-351, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF 35
HOURS OF ANNUAL TRAINING THAT AN INTAKE OFFICER MUST RECEIVE; TO 36
AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 37
WITHIN 14 DAYS AFTER THE FILING OF THE INTAKE RECOMMENDATION, THE 38
PROSECUTOR MUST TAKE CERTAIN ACTIONS; TO AMEND SECTION 43-21-405, 39
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JUDGE, NOT HIS 40
DESIGNEE, SHALL APPOINT AN INFORMAL ADJUSTMENT COUNSELOR; TO AMEND 41
SECTION 43-21-407, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN 42
INTAKE OFFICER, RATHER THAN THE INTAKE UNIT, IS PRECLUDED FROM 43
REINSTATING THE INFORMAL ADJUSTMENT PROCESS; TO AMEND SECTION 44
43-21-451, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE YOUTH 45
COURT PROSECUTOR SHALL DRAFT PETITIONS FOR DELINQUENCY CASES AND 46
THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL DRAFT PETITIONS 47
FOR CHILD WELFARE CASES; TO AMEND SECTION 43-21-501, MISSISSIPPI 48
CODE OF 1972, TO PROVIDE THAT A JUDGE, NOT HIS DESIGNEE, SHALL 49
ORDER THE YOUTH CLERK COURT TO ISSUE A SUMMONS; TO AMEND SECTION 50
43-21-609, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SEQUENCE OF 51
DISPOSITION ALTERNATIVES IN NEGLECT AND ABUSE CASES; TO AMEND 52
SECTION 43-21-613, MISSISSIPPI CODE OF 1972, TO REQUIRE A YOUTH 53
COURT JUDGE TO CONDUCT A SHELTER REVIEW HEARING WITHIN A CERTAIN 54
NUMBER OF DAYS IF THERE HAS BEEN NO ADJUDICATION; TO AMEND SECTION 55
43-21-621, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN OBSOLETE 56
REPORTING REQUIREMENTS BY THE ADMINISTRATIVE OFFICE OF COURTS TO 57
THE LEGISLATURE; TO AMEND SECTION 43-21-625, MISSISSIPPI CODE OF 58
1972, TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP A 59
WILDERNESS TRAINING PROGRAM FOR CERTAIN YOUTH OFFENDERS; TO AMEND 60
SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO REVISE THE YOUTH 61
COURT SUPPORT PROGRAM; TO AMEND SECTION 43-27-20, MISSISSIPPI CODE 62
OF 1972, TO REMOVE CERTAIN OBSOLETE LANGUAGE CONCERNING THE 63
DIVISION OF COMMUNITY SERVICES; TO AMEND SECTION 93-15-107, 64
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN INVOLUNTARY 65
TERMINATION OF PARENTAL RIGHTS CASES WHERE A GUARDIAN AD LITEM IS 66
NOT APPOINTED B THE ADMINISTRATIVE OFFICE OF COURTS, THEN THE FEES 67
SHALL BE ASSESSED TO THE COUNTY; TO AMEND SECTION 93-31-3, 68
MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS CONCERNING 69
THE FILING OF POWER OF ATTORNEY IN YOUTH COURT; TO CREATE A NEW 70
CODE SECTION FOR THE ESTABLISHMENT OF THE STATEWIDE YOUTH 71
DIVERSION PROGRAM; TO CREATE A NEW CODE SECTION FOR THE 72
ESTABLISHMENT OF A YOUTH DIVERSION PROGRAM; TO CREATE A NEW CODE 73
SECTION FOR THE ESTABLISHMENT OF THE FAMILY SERVICES ROUNDTABLE 74
FOR MISSISSIPPI CHILDREN, YOUTH AND FAMILIES; TO PROVIDE THE 75
COMPOSITION AND DUTIES OF SUCH ROUNDTABLE; TO REPEAL SECTION 76
43-21-111, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR REGULAR 77
AND SPECIAL REFEREES IN YOUTH COURT; TO REPEAL SECTION 43-21-125, 78
MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI COUNCIL OF 79
YOUTH COURT JUDGES; TO REPEAL SECTION 43-21-267, MISSISSIPPI CODE 80
OF 1972, WHICH PROVIDES FOR CERTAIN SANCTIONS IN THE YOUTH COURT 81
RELATED TO DISCLOSURE OF CERTAIN RECORDS; TO REPEAL SECTION 82
43-21-305, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR CERTAIN 83
QUESTIONING A CHILD BY A LAW ENFORCEMENT OFFICER IN A PUBLIC 84
PLACE; TO REPEAL SECTION 43-21-703, MISSISSIPPI CODE OF 1972, 85
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WHICH PROVIDES THE DUTIES OF THE MISSISSIPPI COMMISSION ON A 86
UNIFORM COURT SYSTEM AND PROCEDURES; TO REPEAL SECTIONS 43-21-751, 87
43-21-753 AND 43-21-755, MISSISSIPPI CODE OF 1972, WHICH CREATES 88
THE TEEN COURT PILOT PROGRAM ACT; AND FOR RELATED PURPOSES. 89
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 90
SECTION 1. Section 9-5-91, Mississippi Code of 1972, is 91
amended as follows: 92
9-5-91. (1) In a chancery case in which a guardian ad litem 93
is appointed by the court, it is the duty of the chancery clerk to 94
prepare and forward to the Administrative Office of Courts the 95
information described by subsection (2) of this section not later 96
than the last day of the month following the entry of an order 97
approving any payment to the guardian ad litem. 98
(2) The clerk shall prepare and forward the following 99
information when filed in a * * * case where the guardian ad litem 100
fees exceed One Thousand Dollars ($1,000.00): 101
(a) A copy of any invoice for guardian ad litem fees; 102
(b) A copy of any order directing payment of guardian 103
ad litem fees; and 104
(c) A copy of any petition seeking recovery of guardian 105
ad litem fees, as well as any orders concerning payment of 106
guardian ad litem fees, including, but not limited to, orders of 107
contempt. 108
(3) If an order previously reported under subsection (1) of 109
this section is amended by order of the court, the clerk shall 110
forward the subsequent court order not later than the last day of 111
the month following the entry of the amended order. 112
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(4) The duty of a clerk to prepare and forward information 113
under this section is not affected by: 114
(a) Any subsequent appeal of the court order; 115
(b) Any subsequent modification of the court order; or 116
(c) The expiration of the court order. 117
(5) This section does not apply to youth court matters. 118
SECTION 2. Section 9-5-165, Mississippi Code of 1972, is 119
amended as follows: 120
9-5-165. The clerk shall not suffer any paper filed to be 121
withdrawn but by leave of the chancellor, and then only by 122
retaining a copy to be made at the cost of the party obtaining the 123
leave. Provided, however, that any duly licensed and practicing 124
attorney in good standing in the court may remove court files and 125
related legal papers * * * from the clerk's office by signing 126
therefor himself, or by a designated representative of his law 127
office, on a record to be provided for that purpose. Such files 128
or documents so removed shall be attested to by the clerk or his 129
deputy at the time of removal, and said attorney shall be 130
personally responsible for their safekeeping and return within ten 131
(10) days, or before the first day of the next term of chancery 132
court, whichever comes first and such files or documents shall not 133
be removed from the county where the same are filed except that 134
said files or documents may be taken by said attorney for use in a 135
vacation hearing to such county where the hearing may be held. 136
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Failure to return any such court files or related legal papers as 137
provided herein shall constitute contempt of court. 138
SECTION 3. Section 9-21-9, Mississippi Code of 1972, is 139
amended as follows: 140
9-21-9. (1) The Administrative Director of Courts shall 141
have the following duties and authority with respect to all courts 142
in addition to any other duties and responsibilities as may be 143
properly assigned by the Supreme Court and/or by law: 144
(a) To require the filing of reports, the collection 145
and compilation of statistical data and other information on the 146
judicial and financial operation of the courts and on the 147
operation of other offices directly related to and serving the 148
courts; 149
(b) To determine the state of the dockets and evaluate 150
the practices and procedures of the courts and make 151
recommendations concerning the number of judges and other 152
personnel required for the efficient administration of justice; 153
(c) To prescribe uniform administrative and business 154
methods, systems, forms and records to be used in the offices of 155
the clerks of courts; 156
(d) To devise, promulgate and require the use of a 157
uniform youth court case tracking system, including a youth court 158
case filing form for filing with each individual youth court 159
matter, to be utilized by the Administrative Office of Courts and 160
the youth courts in order that the number of youthful offenders, 161
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abused, neglected, truant and dependent children, as well as 162
children in need of special care and children in need of 163
supervision, may be tracked with specificity through the youth 164
court and adult justice systems; in support of the uniform case 165
docketing system, the director shall require that all youth courts 166
utilize the Mississippi Youth Court Information Delivery System 167
(MYCIDS); 168
(e) To develop, promulgate and require the use of a 169
statewide docket numbering system to be utilized by the youth 170
courts, which youth court docket numbers shall standardize and 171
unify the numbering system by which youth court docket numbers are 172
assigned, such that each docket number would, among other things, 173
identify the county and year in which a particular youth court 174
action was commenced; 175
(f) To develop, promulgate and require the use of 176
uniform youth court orders and forms in all youth courts and youth 177
court proceedings; 178
(g) To prepare and submit budget recommendations for 179
state appropriations necessary for the maintenance and operation 180
of the judicial system and to authorize expenditures from funds 181
appropriated for these purposes as permitted or authorized by law; 182
(h) To develop and implement personnel policies for 183
nonjudicial personnel employed by the courts; 184
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(i) To investigate, make recommendations concerning and 185
assist in the securing of adequate physical accommodations for the 186
judicial system; 187
(j) To procure, distribute, exchange, transfer and 188
assign such equipment, books, forms and supplies as are acquired 189
with state funds or grant funds or otherwise for the judicial 190
system; 191
(k) To make recommendations for the improvement of the 192
operations of the judicial system; 193
(l) To prepare and submit an annual report on the work 194
of the judicial system to the Supreme Court; 195
(m) To take necessary steps in the collection of unpaid 196
court costs, fines and forfeitures; 197
(n) To perform such additional administrative duties 198
relating to the improvement of the administration of justice as 199
may be assigned by the Supreme Court; * * * 200
(o) To promulgate standards, rules and regulations for 201
computer and/or electronic filing and storage of all court records 202
and court-related records maintained throughout the state in 203
courts and in offices of circuit and chancery clerks * * *; and 204
(p) To utilize the provisions of law that regulate 205
public purchasing in Sections 31-7-1 et seq., to contract with a 206
provider to effectuate the requirements of paragraph (d) for the 207
Mississippi Youth Court Information Delivery System (MYCIDS). 208
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(2) (a) The Administrative Director of Courts shall conduct 209
an audit of the Mississippi Youth Court Information Delivery 210
System (MYCIDS), by August 1, 2024, to review: the services 211
provided by the system, any contractors or employees used to 212
administer the system, the process used to design or administer 213
the system, guidelines used to create the system and the primary 214
functions of the system and whether the system can be accessed by 215
users of the Mississippi Electronic Court System or merged with 216
the Mississippi Electronic Court System. 217
(b) The Administrative Director of Courts shall provide 218
a report to the Judiciary A Committees of the Mississippi House of 219
Representatives and the Senate by September 1, 2024, that 220
includes: 221
(i) A copy of the audit; 222
(ii) Recommendations that resolve any deficiencies 223
in the system or improve the system; 224
(iii) Recommendations that outline the creation of 225
a new system which is to be in operation by July 1, * * * 2029; 226
and 227
(iv) A list of the companies or agencies that have 228
submitted bids to resolve deficiencies, make improvements or 229
create a new system. 230
(3) The Administrative Office of Courts shall be 231
appropriated Eight Million Dollars ($8,000,000.00) for a 232
replacement for the Mississippi Youth Court Information Delivery 233
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System (MYCIDS) and an additional Seven Hundred Fifty Thousand 234
Dollars ($750,000.00) for data cleanup, effective upon passage of 235
this act. 236
SECTION 4. Section 43-21-105, Mississippi Code of 1972, is 237
amended as follows: 238
43-21-105. The following words and phrases, for purposes of 239
this chapter, shall have the meanings ascribed herein unless the 240
context clearly otherwise requires: 241
(a) "Youth court" means the Youth Court Division. 242
(b) "Judge" means the judge of the Youth Court 243
Division. 244
* * * 245
( * * *c) "Child" and "youth" are synonymous, and each 246
means a person who has not reached his eighteenth birthday. A 247
child who has not reached his eighteenth birthday and is on active 248
duty for a branch of the armed services or is married is not 249
considered a "child" or "youth" for the purposes of this chapter. 250
( * * *d) "Parent" means the father or mother to whom 251
the child has been born, or the father or mother by whom the child 252
has been legally adopted. 253
( * * *e) "Guardian" means a court-appointed guardian 254
of the person of a child. 255
( * * *f) "Custodian" means any person having the 256
present care or custody of a child whether such person be a parent 257
or otherwise. 258
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( * * *g) "Legal custodian" means a court-appointed 259
custodian of the child. 260
( * * *h) "Delinquent child" means a child who has 261
reached his tenth birthday and who has committed a delinquent act. 262
( * * *i) "Delinquent act" is any act, which if 263
committed by an adult, is designated as a crime under state or 264
federal law, or municipal or county ordinance other than offenses 265
punishable by life imprisonment or death. A delinquent act 266
includes escape from lawful detention and violations of the 267
Uniform Controlled Substances Law and violent behavior. 268
( * * *j) "Child in need of supervision" means a child 269
who has reached his seventh birthday and is in need of treatment 270
or rehabilitation because the child: 271
(i) Is habitually disobedient of reasonable and 272
lawful commands of his parent, guardian or custodian and is 273
ungovernable; or 274
(ii) While being required to attend school, 275
willfully and habitually violates the rules thereof or willfully 276
and habitually absents himself therefrom; or 277
(iii) Runs away from home without good cause; or 278
(iv) Has committed a delinquent act or acts and is 279
under the age of ten (10). 280
( * * *k) "Neglected child" means a child: 281
(i) Whose parent, guardian or custodian or any 282
person responsible for his care or support, neglects or refuses, 283
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when able so to do, to provide for him proper and necessary care 284
or support, or education as required by law, or medical, surgical, 285
or other care necessary for his well-being; however, a parent who 286
withholds medical treatment from any child who in good faith is 287
under treatment by spiritual means alone through prayer in 288
accordance with the tenets and practices of a recognized church or 289
religious denomination by a duly accredited practitioner thereof 290
shall not, for that reason alone, be considered to be neglectful 291
under any provision of this chapter; or 292
(ii) Who is otherwise without proper care, 293
custody, supervision or support; or 294
(iii) Who, for any reason, lacks the special care 295
made necessary for him by reason of his mental condition, whether 296
the mental condition is having mental illness or having an 297
intellectual disability; or 298
(iv) Who is not provided by the child's parent, 299
guardian or custodian, with food, clothing, or shelter necessary 300
to sustain the life or health of the child, excluding such failure 301
caused primarily by financial inability unless relief services 302
have been offered and refused and the child is in imminent risk of 303
harm. 304
( * * *l) "Abused child" means a child whose parent, 305
guardian or custodian or any person responsible for his care or 306
support, whether legally obligated to do so or not, has caused or 307
allowed to be caused, upon the child, sexual abuse, sexual 308
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exploitation, commercial sexual exploitation, emotional abuse, 309
mental injury, nonaccidental physical injury or other 310
maltreatment. However, physical discipline, including spanking, 311
performed on a child by a parent, guardian or custodian in a 312
reasonable manner shall not be deemed abuse under this section. 313
"Abused child" also means a child who is or has been trafficked 314
within the meaning of the Mississippi Human Trafficking Act by any 315
person, without regard to the relationship of the person to the 316
child. 317
( * * *m) "Sexual abuse" means obscene or pornographic 318
photographing, filming or depiction of children for commercial 319
purposes, or the rape, molestation, incest, prostitution or other 320
such forms of sexual exploitation of children under circumstances 321
which indicate that the child's health or welfare is harmed or 322
threatened. 323
( * * *n) "A child in need of special care" means a 324
child with any mental or physical illness that cannot be treated 325
with the dispositional alternatives ordinarily available to the 326
youth court. 327
( * * *o) A "dependent child" means any child who is 328
not a child in need of supervision, a delinquent child, an abused 329
child or a neglected child, and which child has been voluntarily 330
placed in the custody of the Department of Child Protection 331
Services by his parent, guardian or custodian. 332
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( * * *p) "Custody" means the physical possession of 333
the child by any person. 334
( * * *q) "Legal custody" means the legal status 335
created by a court order which gives the legal custodian the 336
responsibilities of physical possession of the child and the duty 337
to provide him with food, shelter, education and reasonable 338
medical care, all subject to residual rights and responsibilities 339
of the parent or guardian of the person. 340
( * * *r) "Detention" means the care of children in 341
physically restrictive facilities. 342
* * *s) "Shelter" means care of children in physically 343
nonrestrictive facilities. 344
( * * *t) "Records involving children" means any of the 345
following from which the child can be identified: 346
(i) All youth court records as defined in Section 347
43-21-251; 348
(ii) All forensic interviews conducted by a child 349
advocacy center in abuse and neglect investigations; 350
(iii) All law enforcement records as defined in 351
Section 43-21-255; 352
(iv) All agency records as defined in Section 353
43-21-257; and 354
(v) All other documents maintained by any 355
representative of the state, county, municipality or other public 356
agency insofar as they relate to the apprehension, custody, 357
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adjudication or disposition of a child who is the subject of a 358
youth court cause. 359
( * * *u) "Any person responsible for care or support" 360
means the person who is providing for the child at a given time. 361
This term shall include, but is not limited to, stepparents, 362
foster parents, relatives, nonlicensed babysitters or other 363
similar persons responsible for a child and staff of residential 364
care facilities and group homes that are licensed by the 365
Department of Human Services or the Department of Child Protection 366
Services. 367
( * * *v) The singular includes the plural, the plural 368
the singular and the masculine the feminine when consistent with 369
the intent of this chapter. 370
( * * *w) "Out-of-home" setting means the temporary 371
supervision or care of children by the staff of licensed day care 372
centers, the staff of public, private and state schools, the staff 373
of juvenile detention facilities, the staff of unlicensed 374
residential care facilities and group homes and the staff of, or 375
individuals representing, churches, civic or social organizations. 376
( * * *x) "Durable legal custody" means the legal 377
status created by a court order which gives the durable legal 378
custodian the responsibilities of physical possession of the child 379
and the duty to provide him with care, nurture, welfare, food, 380
shelter, education and reasonable medical care. All these duties 381
as enumerated are subject to the residual rights and 382
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responsibilities of the natural parent(s) or guardian(s) of the 383
child or children. 384
( * * *y) "Status offense" means conduct subject to 385
adjudication by the youth court that would not be a crime if 386
committed by an adult. 387
( * * *z) "Financially able" means a parent or child 388
who is ineligible for a court-appointed attorney. 389
( * * *aa) "Assessment" means an individualized 390
examination of a child to determine the child's psychosocial needs 391
and problems, including the type and extent of any mental health, 392
substance abuse or co-occurring mental health and substance abuse 393
disorders and recommendations for treatment. The term includes, 394
but is not limited to, a drug and alcohol, psychological or 395
psychiatric evaluation, records review, clinical interview or the 396
administration of a formal test and instrument. 397
( * * *bb) "Screening" means a process, with or without 398
the administration of a formal instrument, that is designed to 399
identify a child who is at increased risk of having mental health, 400
substance abuse or co-occurring mental health and substance abuse 401
disorders that warrant immediate attention, intervention or more 402
comprehensive assessment. 403
( * * *cc) "Durable legal relative guardianship" means 404
the legal status created by a youth court order that conveys the 405
physical and legal custody of a child or children by durable legal 406
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guardianship to a relative or fictive kin who is licensed as a 407
foster or resource parent. 408
( * * *dd) "Relative" means a person related to the 409
child by affinity or consanguinity within the third degree. 410
( * * *ee) "Fictive kin" means a person not related to 411
the child legally or biologically but who is considered a relative 412
due to a significant, familial-like and ongoing relationship with 413
the child and family, including adults related beyond the third 414
degree, godparents, friends of the family, or other adults who 415
have a strong familial bond with the child. 416
( * * *ff) "Reasonable efforts" means the exercise of 417
reasonable care and due diligence by the Department of Human 418
Services, the Department of Child Protection Services, or any 419
other appropriate entity or person to use services appropriate to 420
the child's background, accessible, and available to meet the 421
individualized needs of the child and child's family to prevent 422
removal and reunify the family as soon as safely possible 423
consistent with the best interests of the child. Reasonable 424
efforts must be made in collaboration with the family and must 425
address the individualized needs of the family that brought the 426
child to the attention of the Department of Child Protection 427
Services and must not consist of required services that are not 428
related to the family's needs. 429
( * * *gg) "Commercial sexual exploitation" means any 430
sexual act or crime of a sexual nature, which is committed against 431
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a child for financial or economic gain, to obtain a thing of value 432
for quid pro quo exchange of property or for any other purpose. 433
(hh) "Intake officer" means an intake officer appointed 434
by the Administrative Office of Courts or responsible for 435
receiving referrals and presenting initial determinations to the 436
intake unit. 437
(ii) "Intake unit" means the intake officer appointed 438
by the Administrative Office of Courts and other youth court 439
personnel designated by the youth court to consider the initial 440
determination of the intake officer and make an intake 441
recommendation to the youth court. 442
(jj) "Prepetition guardian" means the adult having 443
actual physical custody of the child prior to removal. 444
(kk) "Diversion" means a decision made by a person with 445
authority that results in specific official action of the legal 446
system not being taken in regard to a specific juvenile or child 447
and in lieu thereof providing or referring the juvenile or child 448
to an individually designed program or activity, if necessary, 449
provided by governmental units or nongovernmental units. The goal 450
of diversion is to prevent further involvement of the juvenile or 451
child in the formal legal system. 452
SECTION 5. Section 43-21-115, Mississippi Code of 1972, is 453
amended as follows: 454
43-21-115. In every youth court division the judge * * * may 455
appoint as provided in Section 43-21-123 one or more persons to 456
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function as the intake unit for the youth court division. The 457
youth court intake unit shall perform all duties specified by this 458
chapter. If * * * any person serving as part of the youth court 459
intake unit is not already a salaried * * * employee of the 460
Administrative Office of Courts, the salary for such person shall 461
be fixed on order of the judge as provided in Section 43-21-123 462
and shall be paid by the county or municipality, as the case may 463
be, out of any available funds budgeted for the youth court by the 464
board of supervisors. 465
SECTION 6. Section 43-21-117, Mississippi Code of 1972, is 466
amended as follows: 467
43-21-117. (1) The youth court prosecutor shall represent 468
the * * * state in all delinquency proceedings in the youth court. 469
In child welfare cases, the child welfare agency is the 470
petitioner. 471
(2) The county prosecuting attorney or an attorney with the 472
Attorney General's office shall serve as the youth court 473
prosecutor * * * in delinquency cases. An attorney for the 474
Mississippi Department of Child Protection Services will file 475
petitions in child welfare cases. 476
* * * 477
( * * *3) All * * * attorneys who serve as youth court 478
prosecutors shall be required to receive juvenile justice training 479
approved by the Mississippi Attorney General's office and regular 480
annual continuing education in the field of juvenile justice. The 481
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Mississippi Attorney General's office shall determine the amount 482
of juvenile justice training and annual continuing education which 483
shall be satisfactory to fulfill the requirements of this 484
subsection. The Administrative Office of Courts shall maintain a 485
roll of youth court prosecutors, shall enforce the provisions of 486
this subsection and shall maintain records on all such youth court 487
prosecutors regarding such training. Should a youth court 488
prosecutor miss two (2) consecutive training sessions sponsored by 489
the Mississippi Attorney General's office as required by this 490
subsection or fail to attend one (1) such training session within 491
six (6) months of their designation as youth court prosecutor, the 492
youth court prosecutor shall be disqualified to serve and be 493
immediately removed from the office of youth court prosecutor and 494
another youth court prosecutor shall be designated. 495
SECTION 7. Section 43-21-119, Mississippi Code of 1972, is 496
amended as follows: 497
43-21-119. The judge * * * shall appoint as provided in 498
Section 43-21-123 sufficient personnel, responsible to and under 499
the control of the youth court, to carry on the professional, 500
clerical and other work of the youth court. The cost of these 501
persons appointed by the youth court shall be paid as provided in 502
Section 43-21-123 out of any available funds budgeted for the 503
youth court by the board of supervisors. 504
SECTION 8. Section 43-21-121, Mississippi Code of 1972, is 505
amended as follows: 506
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43-21-121. (1) The youth court shall appoint a guardian ad 507
litem for the child: 508
(a) When a child has no parent, guardian or custodian; 509
(b) When the youth court cannot acquire personal 510
jurisdiction over a parent, a guardian or a custodian; 511
(c) When the parent is a minor or a person of unsound 512
mind; 513
(d) When the parent is indifferent to the interest of 514
the child or if the interests of the child and the parent, 515
considered in the context of the cause, appear to conflict; 516
(e) In every case involving an abused or neglected 517
child which results in a judicial proceeding; or 518
(f) In any other instance where the youth court finds 519
appointment of a guardian ad litem to be in the best interest of 520
the child. 521
(2) The guardian ad litem shall be appointed by the court 522
when custody is ordered or at the first judicial hearing regarding 523
the case, whichever occurs first. 524
(3) No guardian ad litem shall become involved in any youth 525
court matter prior to a written custody order or the first 526
judicial hearing, whichever occurs first. 527
( * * *4) In addition to all other duties required by law, a 528
guardian ad litem shall have the duty to protect the interest of a 529
child for whom he has been appointed guardian ad litem. The 530
guardian ad litem shall investigate, make recommendations to the 531
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court or enter reports as necessary to hold paramount the child's 532
best interest. The guardian ad litem is not an adversary party 533
and the court shall ensure that guardians ad litem perform their 534
duties properly and in the best interest of their wards. The 535
guardian ad litem shall be a competent person who has no adverse 536
interest to the minor. The court shall ensure that the guardian 537
ad litem is adequately instructed on the proper performance of his 538
duties. 539
( * * *5) The court, including a county court serving as a 540
youth court, may appoint either a suitable attorney or a suitable 541
layman as guardian ad litem. In cases where the court appoints a 542
layman as guardian ad litem, the court shall also appoint an 543
attorney to represent the child. From and after January 1, 1999, 544
in order to be eligible for an appointment as a guardian ad litem, 545
such attorney or layperson must have received child protection and 546
juvenile justice training provided by or approved by the * * * 547
Administrative Office of Courts within the year immediately 548
preceding such appointment. The * * * Administrative Office of 549
Courts shall determine the amount of child protection and juvenile 550
justice training which shall be satisfactory to fulfill the 551
requirements of this section. The Administrative Office of Courts 552
shall maintain a roll of all attorneys and laymen eligible to be 553
appointed as a guardian ad litem under this section and shall 554
enforce the provisions of this subsection. 555
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( * * *6) Upon appointment of a guardian ad litem, the youth 556
court shall continue any pending proceedings for a reasonable time 557
to allow the guardian ad litem to familiarize himself with the 558
matter, consult with counsel and prepare his participation in the 559
cause. The youth court shall issue an order of assignment that 560
grants the guardian ad litem authority to review all relevant 561
documents concerning the minor child and to interview all parties 562
and witnesses involved in proceedings concerning the minor child 563
for whom the guardian ad litem is appointed. 564
( * * *7) Unless the guardian ad litem is appointed by the 565
Administrative Office of Courts, upon order of the youth court, 566
the guardian ad litem shall be paid a reasonable fee as determined 567
by the youth court judge or referee out of the county general fund 568
as provided under Section 43-21-123. To be eligible for such fee, 569
the guardian ad litem shall submit an accounting of the time spent 570
in performance of his duties to the court. Any guardian ad litem 571
not appointed by the Administrative Office of Courts shall report 572
all fees received to the Administrative Office of Courts. This 573
provision applies in termination of parental rights as well. 574
( * * *8) (a) The court, in its sound discretion, may 575
appoint a volunteer trained layperson to assist children subject 576
to the provisions of this section in addition to the appointment 577
of a guardian ad litem. If the court utilizes his or her 578
discretion as prescribed under this subsection, a volunteer 579
Court-Appointed Special Advocate (CASA) shall be appointed from a 580
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program that supervises the volunteer and meets all state and 581
national CASA standards to advocate for the best interests of 582
children in abuse and neglect proceedings. To accomplish the 583
assignment of a CASA volunteer, the court shall issue an order of 584
assignment that shall grant the CASA volunteer the authority, 585
equal to that of the guardian ad litem, to review all relevant 586
documents and to interview all parties and witnesses involved in 587
the proceeding in which he or she is appointed. Except as 588
otherwise ordered by the court, the assignment of a CASA volunteer 589
for a child shall include subsequent proceedings through permanent 590
placement of the child. 591
(b) Before assigning a CASA volunteer as prescribed 592
under this subsection, the youth court judge shall determine if 593
the volunteer has sufficient qualifications, training and ability 594
to serve as a CASA volunteer, including his or her ability to 595
represent and advocate for the best interests of children assigned 596
to him or her. No volunteer shall be assigned until a 597
comprehensive criminal background check has been conducted. 598
All CASA volunteers shall: 599
(i) Be sworn in by a judge of the court; 600
(ii) Swear or affirm to abide by all laws, 601
regulations, and orders of the court; 602
(iii) Swear or affirm to advocate what he or she 603
perceives to be in the best interests of the child for whom he or 604
she is assigned in all matters pending before the court; 605
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(iv) Provide independent, factual information to 606
the court regarding the children and cases to which they are 607
assigned; 608
(v) Advocate on behalf of the children involved in 609
the cases to which they are assigned what they perceive to be in 610
the best interests of the children; and 611
(vi) Monitor proceedings in cases to which they 612
have been assigned and advise and assist the court in its 613
determination of the best interests of the children involved. 614
(c) Regarding any case to which a CASA volunteer has 615
been assigned, the CASA volunteer: 616
(i) Shall be notified by the court of all court 617
proceedings and hearings of any kind pertaining to the child; 618
(ii) Shall be notified by the Department of Child 619
Protection Services of all administrative review hearings; 620
(iii) Shall be entitled to attend all court 621
proceedings and hearings of any kind pertaining to the child; 622
(iv) May be called as a witness in the proceedings 623
by any party or by the court and may request of the court the 624
opportunity to appear as a witness; and 625
(v) Shall be given access to all portions of the 626
court record relating to proceedings pertaining to the child and 627
the child's family. 628
(d) Upon application to the court and notice to all 629
parties, the court shall grant the CASA volunteer access to other 630
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information, including the department records as provided in 631
Section 43-21-261, relating to the child and the child's family 632
and to other matters involved in the proceeding in which he or she 633
is appointed. All records and information requested or reviewed 634
by the CASA volunteer in the course of his or her assignment shall 635
be deemed confidential and shall not be disclosed by him except 636
pursuant to court order. All records and information shall only 637
be disclosed as directed by court order and shall be disclosed as 638
directed by court order and shall be subject to whatever 639
protective order the court deems appropriate. 640
SECTION 9. Section 43-21-203, Mississippi Code of 1972, is 641
amended as follows: 642
43-21-203. (1) The youth court shall be in session at all 643
times. 644
(2) All cases involving children shall be heard at any place 645
the judge deems suitable but separately from the trial of cases 646
involving adults. 647
(3) Hearings in all cases involving children shall be 648
conducted without a jury and may be recessed from time to time. 649
(4) All hearings shall be conducted under such rules of 650
evidence and rules of court as may comply with applicable 651
constitutional standards. 652
(5) No proceeding by the youth court in cases involving 653
children shall be a criminal proceeding but shall be entirely of a 654
civil nature. 655
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* * * 656
( * * *6) In all hearings, a complete record of all evidence 657
shall be taken by stenographic reporting, by mechanical or 658
electronic device or by some combination thereof. 659
( * * *7) The youth court may exclude the attendance of a 660
child from a hearing in neglect and abuse cases with consent of 661
the child's counsel. The youth court may exclude the attendance 662
of a child from any portion of a disposition hearing that would be 663
injurious to the best interest of the child in delinquency and 664
children in need of supervision cases with consent of the child's 665
counsel. 666
( * * *8) All parties to a youth court cause shall have the 667
right at any hearing in which an investigation, record or report 668
is admitted in evidence: 669
(a) To subpoena, confront and examine the person who 670
prepared or furnished data for the report; and 671
(b) To introduce evidence controverting the contents of 672
the report. 673
( * * *9) Except as provided by Section 43-21-561(5) or as 674
otherwise provided by this chapter, the disposition of a child's 675
cause or any evidence given in the youth court in any proceedings 676
concerning the child shall not be admissible against the child in 677
any case or proceeding in any court other than a youth court. 678
( * * *10) An order or ruling of the youth court judge 679
delivered orally must be reduced to writing within forty-eight 680
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(48) hours, excluding Saturdays, Sundays and statutory state 681
holidays. 682
SECTION 10. Section 43-21-251, Mississippi Code of 1972, is 683
amended as follows: 684
43-21-251. (1) The court records of the youth court shall 685
include: 686
(a) A general docket in which the clerk of the youth 687
court shall enter the names of the parties in each cause, the date 688
of filing the petition, any other pleadings, * * * issuance and 689
return of process, and a reference by the minute book and page to 690
all orders made therein. * * * 691
(b) All the papers and pleadings filed in a cause. The 692
papers in every cause shall be marked with the style and number of 693
the cause and the date when filed. All the papers filed in a 694
cause shall be kept in the same file, and all the files shall be 695
kept in numerical order. 696
(c) Any and all other papers in a cause. 697
( * * *d) All social records of a youth court, which 698
shall include all intake records, social summaries, medical 699
examinations, mental health examinations, transfer studies and all 700
other information obtained and prepared in the discharge of 701
official duty for the youth court. 702
(i) A "social summary" is an investigation of the 703
personal and family history and the environment of a child who is 704
the subject of a youth court cause. The social summary should 705
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describe all reasonable appropriate alternative dispositions. The 706
social summary should contain a specific plan for the care and 707
assistance to the child with a detailed explanation showing the 708
necessity for the proposed plan of disposition. 709
(ii) A "medical examination" is an examination by 710
a physician of a child who is the subject of a youth court cause 711
or of his parent. The youth court may order a medical examination 712
at any time after the intake unit has received a written 713
complaint. Whenever possible, a medical examination shall be 714
conducted on an outpatient basis. A medical examination of a 715
parent of the child who is the subject of the cause shall not be 716
ordered unless the physical or mental ability of the parent to 717
care for the child is a relevant issue in the particular cause and 718
the parent to be examined consents to the examination. 719
(iii) A "mental health examination" is an 720
examination by a psychiatrist or psychologist of a child who is 721
the subject of a youth court cause or of his parent. The youth 722
court may order a mental health examination at any time after the 723
intake unit has received a written complaint. Whenever possible, 724
a mental health examination shall be conducted on an outpatient 725
basis. A mental health examination of a parent of the child who 726
is the subject of a cause shall not be ordered unless the physical 727
or mental ability of the parent to care for the child is a 728
relevant issue in the particular cause and the parent to be 729
examined consents to the examination. 730
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(iv) A "transfer study" is a social summary which 731
addresses the factors set forth in Section 43-21-157(5). A 732
transfer study shall not be admissible evidence nor shall it be 733
considered by the court at any adjudicatory hearing. It shall be 734
admissible evidence at a transfer or disposition hearing. 735
( * * *e) A minute book in which the clerk shall record 736
all the orders of the youth court. 737
( * * *f) Proceedings of the youth court and evidence. 738
( * * *g) All information obtained by the youth court 739
from the Administrative Office of Courts pursuant to a request 740
under Section 43-21-261(15). 741
(2) The records of the youth court and the contents thereof 742
shall be kept confidential and shall not be disclosed except as 743
provided in Section 43-21-261. 744
(3) The court records of the youth court may be kept on 745
computer in the manner provided for storing circuit court records 746
and dockets as provided in Section 9-7-171. The Administrative 747
Office of Courts shall recommend to the youth courts a uniform 748
format to maintain the records of such courts. 749
SECTION 11. Section 43-21-257, Mississippi Code of 1972, is 750
amended as follows: 751
43-21-257. (1) Unless otherwise provided in this section, 752
any record involving children, including valid and invalid 753
complaints, and the contents thereof maintained by the Department 754
of Human Services or the Department of Child Protection Services, 755
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or any other state agency, shall be kept confidential and shall 756
not be disclosed except as provided in Section 43-21-261. 757
* * * 758
( * * *2) The Department of Child Protection Services shall 759
maintain a state central registry on neglect and abuse cases 760
containing (a) the name, address and age of each child, (b) the 761
nature of the harm reported, (c) the name and address of the 762
person responsible for the care of the child, and (d) the name and 763
address of the substantiated perpetrator of the harm reported. 764
"Substantiated perpetrator" shall be defined as an individual who 765
has committed an act(s) of sexual abuse or physical abuse that 766
would otherwise be deemed as a felony or any child neglect that 767
would be deemed as a threat to life. A name is to be added to the 768
registry only based upon a criminal conviction or an adjudication 769
by a youth court judge or court of competent jurisdiction, 770
ordering that the name of the perpetrator be listed on the central 771
registry. The central registry shall be confidential and shall 772
not be open to public inspection. Any person who discloses or 773
encourages the disclosure of any record involving children from 774
the central registry without following the rules and 775
administrative procedures of the department shall be subject to 776
the penalty in Section 43-21-267. The Department of Child 777
Protection Services and its employees are exempt from any civil 778
liability as a result of any action taken pursuant to the 779
compilation or release of information on the central registry 780
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under this section and any other applicable section of this code, 781
unless determined that an employee has willfully and maliciously 782
violated the rules and administrative procedures of the department 783
pertaining to the central registry or any section of this code. 784
If an employee is determined to have willfully and maliciously 785
performed such a violation, said employee shall not be exempt from 786
civil liability in this regard. The Department of Child 787
Protection Services shall seek a court order to place a 788
perpetrator on the registry in every case in which the agency is 789
involved and in which the court substantiates abuse or neglect. 790
In criminal cases, the prosecutor or the Attorney General's office 791
shall seek an order placing a convicted perpetrator on the 792
registry. 793
( * * *3) The Mississippi State Department of Health may 794
release the findings of investigations into allegations of abuse 795
within licensed day care centers made under the provisions of 796
Section 43-21-353(8) to any parent of a child who is enrolled in 797
the day care center at the time of the alleged abuse or at the 798
time the request for information is made. The findings of any 799
such investigation may also be released to parents who are 800
considering placing children in the day care center. No 801
information concerning those investigations may contain the names 802
or identifying information of individual children. 803
The Department of Health shall not be held civilly liable for 804
the release of information on any findings, recommendations or 805
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actions taken pursuant to investigations of abuse that have been 806
conducted under Section 43-21-353(8). 807
SECTION 12. Section 43-21-261, Mississippi Code of 1972, is 808
amended as follows: 809
43-21-261. (1) Except as otherwise provided in this 810
section, records involving children shall not be disclosed, other 811
than to necessary parties and their attorneys or staff or 812
officials of the youth court, a guardian ad litem appointed to a 813
child by the court, or a Court-Appointed Special Advocate (CASA) 814
volunteer who may be assigned in a dependency, abuse or neglect 815
case * * * other than to the following persons: 816
(a) The judge of another youth court or member of 817
another youth court staff; 818
(b) The court of the parties in a child custody or 819
adoption cause in another court; 820
(c) A judge of any other court or members of another 821
court staff, including the chancery court that ordered a forensic 822
interview; 823
(d) Representatives of a public or private agency 824
providing supervision or having custody of the child under order 825
of the youth court; 826
(e) Any person engaged in a bona fide research purpose, 827
provided that no information identifying the subject of the 828
records shall be made available to the researcher unless it is 829
absolutely essential to the research purpose and the judge gives 830
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prior written approval, and the child, through his or her 831
representative, gives permission to release the information; 832
(f) The Mississippi Department of Employment Security, 833
or its duly authorized representatives, for the purpose of a 834
child's enrollment into the Job Corps Training Program as 835
authorized by Title IV of the Comprehensive Employment Training 836
Act of 1973 (29 USCS Section 923 et seq.). However, no records, 837
reports, investigations or information derived therefrom 838
pertaining to child abuse or neglect shall be disclosed; 839
(g) Any person pursuant to a finding by a judge of the 840
youth court of compelling circumstances affecting the health, 841
safety or well-being of a child and that such disclosure is in the 842
best interests of the child or an adult who was formerly the 843
subject of a youth court delinquency proceeding; 844
(h) A person who was the subject of a knowingly made 845
false allegation of child abuse or neglect which has resulted in a 846
conviction of a perpetrator in accordance with Section 97-35-47 or 847
which allegation was referred by the Department of Child 848
Protection Services to a prosecutor or law enforcement official in 849
accordance with the provisions of Section 43-21-353(4). 850
Law enforcement agencies may disclose information to the 851
public concerning the taking of a child into custody for the 852
commission of a delinquent act without the necessity of an order 853
from the youth court. The information released shall not identify 854
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the child or his address unless the information involves a child 855
convicted as an adult. 856
(2) Any records involving children which are disclosed * * * 857
pursuant to the terms of this section and the contents thereof 858
shall be kept confidential by the person or agency to whom the 859
record is disclosed unless otherwise provided in the order. Any 860
further disclosure of any records involving children shall be made 861
only under an order of the youth court as provided in this 862
section. 863
(3) * * * The parent, guardian or custodian of the child who 864
is the subject of a youth court cause or any attorney for such 865
parent, guardian or custodian, shall have the right to inspect any 866
record, report or investigation relevant to a matter to be heard 867
by a youth court, except that the identity of the reporter shall 868
not be released, nor the name of any other person where the person 869
or agency making the information available finds that disclosure 870
of the information would be likely to endanger the life or safety 871
of such person. The attorney for the parent, guardian or 872
custodian of the child, upon request, shall be provided a copy of 873
any record, report or investigation relevant to a matter to be 874
heard by a youth court, but the identity of the reporter must be 875
redacted and the name of any other person must also be redacted if 876
the person or agency making the information available finds that 877
disclosure of the information would be likely to endanger the 878
life, safety or well-being of the person. A record provided to 879
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the attorney under this section must remain in the attorney's 880
control and the attorney may not provide copies or access to 881
another person or entity without prior consent of a court with 882
appropriate jurisdiction. 883
(4) * * * The child who is the subject of a youth court 884
cause shall have the right to have his counsel inspect and copy 885
any record, report or investigation which is filed with the youth 886
court or which is to be considered by the youth court at a 887
hearing. 888
(5) (a) The youth court prosecutor or prosecutors, the 889
county attorney, the district attorney, the youth court defender 890
or defenders, or any attorney representing a child shall have the 891
right to inspect and copy any law enforcement record involving 892
children. 893
(b) The Department of Child Protection Services shall 894
disclose to a county prosecuting attorney or district attorney any 895
and all records resulting from an investigation into suspected 896
child abuse or neglect when the case has been referred by the 897
Department of Child Protection Services to the county prosecuting 898
attorney or district attorney for criminal prosecution. 899
(c) Agency records made confidential under the 900
provisions of this section may be disclosed to a court of 901
competent jurisdiction. 902
(d) Records involving children shall be disclosed to 903
the Division of Victim Compensation of the Office of the Attorney 904
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General upon the division's request without order of the youth 905
court for purposes of determination of eligibility for victim 906
compensation benefits. 907
(6) Information concerning an investigation into a report of 908
child abuse or child neglect may be disclosed by the Department of 909
Child Protection Services without order of the youth court to any 910
attorney, physician, dentist, intern, resident, nurse, 911
psychologist, social worker, family protection worker, family 912
protection specialist, child caregiver, minister, law enforcement 913
officer, or a public or private school employee making that report 914
pursuant to Section 43-21-353(1) if the reporter has a continuing 915
professional relationship with the child and a need for such 916
information in order to protect or treat the child. 917
(7) Information concerning an investigation into a report of 918
child abuse or child neglect may be disclosed without further 919
order of the youth court to any interagency child abuse task force 920
established in any county or municipality by order of the youth 921
court of that county or municipality. 922
(8) Names and addresses of juveniles twice adjudicated as 923
delinquent for an act which would be a felony if committed by an 924
adult or for the unlawful possession of a firearm shall not be 925
held confidential and shall be made available to the public. 926
(9) Names and addresses of juveniles adjudicated as 927
delinquent for murder, manslaughter, burglary, arson, armed 928
robbery, aggravated assault, any sex offense as defined in Section 929
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45-33-23, for any violation of Section 41-29-139(a)(1) or for any 930
violation of Section 63-11-30, shall not be held confidential and 931
shall be made available to the public. 932
(10) The judges of the circuit and county courts, and 933
presentence investigators for the circuit courts, as provided in 934
Section 47-7-9, shall have the right to inspect any youth court 935
records of a person convicted of a crime for sentencing purposes 936
only. 937
(11) The victim of an offense committed by a child who is 938
the subject of a youth court cause shall have the right to be 939
informed of the child's disposition by the youth court. 940
(12) A classification hearing officer of the State 941
Department of Corrections, as provided in Section 47-5-103, shall 942
have the right to inspect any youth court records, excluding abuse 943
and neglect records, of any offender in the custody of the 944
department who as a child or minor was a juvenile offender or was 945
the subject of a youth court cause of action, and the State Parole 946
Board, as provided in Section 47-7-17, shall have the right to 947
inspect such records when the offender becomes eligible for 948
parole. 949
(13) The youth court shall notify the Department of Public 950
Safety of the name, and any other identifying information such 951
department may require, of any child who is adjudicated delinquent 952
as a result of a violation of the Uniform Controlled Substances 953
Law. 954
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(14) The Administrative Office of Courts shall have the 955
right to inspect any youth court records in order that the number 956
of youthful offenders, abused, neglected, truant and dependent 957
children, as well as children in need of special care and children 958
in need of supervision, may be tracked with specificity through 959
the youth court and adult justice system, and to utilize tracking 960
forms for such purpose. 961
(15) Upon a request by a youth court, the Administrative 962
Office of Courts shall disclose all information at its disposal 963
concerning any previous youth court intakes alleging that a child 964
was a delinquent child, child in need of supervision, child in 965
need of special care, truant child, abused child or neglected 966
child, as well as any previous youth court adjudications for the 967
same and all dispositional information concerning a child who at 968
the time of such request comes under the jurisdiction of the youth 969
court making such request. 970
(16) The Administrative Office of Courts may, in its 971
discretion, disclose to the Department of Public Safety any or all 972
of the information involving children contained in the office's 973
youth court data management system known as Mississippi Youth 974
Court Information Delivery System or "MYCIDS." 975
(17) The youth courts of the state shall disclose to the 976
Joint Legislative Committee on Performance Evaluation and 977
Expenditure Review (PEER) any youth court records in order that 978
the number of youthful offenders, abused, neglected, truant and 979
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dependent children, as well as children in need of special care 980
and children in need of supervision, may be tracked with 981
specificity through the youth court and adult justice system, and 982
to utilize tracking forms for such purpose. The disclosure 983
prescribed in this subsection shall not require a court order and 984
shall be made in sortable, electronic format where possible. The 985
PEER Committee may seek the assistance of the Administrative 986
Office of Courts in seeking this information. The PEER Committee 987
shall not disclose the identities of any youth who have been 988
adjudicated in the youth courts of the state and shall only use 989
the disclosed information for the purpose of monitoring the 990
effectiveness and efficiency of programs established to assist 991
adjudicated youth, and to ascertain the incidence of adjudicated 992
youth who become adult offenders. 993
(18) In every case where an abuse or neglect allegation has 994
been made, the confidentiality provisions of this section shall 995
not apply to prohibit access to a child's records by any state 996
regulatory agency, any state or local prosecutorial agency or law 997
enforcement agency; however, no identifying information concerning 998
the child in question may be released to the public by such agency 999
except as otherwise provided herein. 1000
(19) In every case of child abuse or neglect, if a child's 1001
physical condition is medically labeled as medically "serious" or 1002
"critical" or a child dies, the confidentiality provisions of this 1003
section shall not apply. In such cases, the following information 1004
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may be released by the Mississippi Department of Child Protection 1005
Services: the cause of the circumstances regarding the fatality 1006
or medically serious or critical physical condition; the age and 1007
gender of the child; information describing any previous reports 1008
of child abuse or neglect investigations that are pertinent to the 1009
child abuse or neglect that led to the fatality or medically 1010
serious or critical physical condition; the result of any such 1011
investigations; and the services provided by and actions of the 1012
state on behalf of the child that are pertinent to the child abuse 1013
or neglect that led to the fatality or medically serious or 1014
critical physical condition. 1015
(20) Any member of a foster care review board designated by 1016
the Department of Child Protection Services shall have the right 1017
to inspect youth court records relating to the abuse, neglect or 1018
child in need of supervision cases assigned to such member for 1019
review. 1020
(21) Information concerning an investigation into a report 1021
of child abuse or child neglect may be disclosed without further 1022
order of the youth court in any administrative or due process 1023
hearing held, pursuant to Section 43-21-257, by the Department of 1024
Child Protection Services for individuals whose names will be 1025
placed on the central registry as substantiated perpetrators. 1026
(22) The Department of Child Protection Services may 1027
disclose records involving children to the following: 1028
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(a) A foster home, residential child-caring agency or 1029
child-placing agency to the extent necessary to provide such care 1030
and services to a child; 1031
(b) An individual, agency or organization that provides 1032
services to a child or the child's family in furtherance of the 1033
child's permanency plan to the extent necessary in providing those 1034
services; 1035
(c) Health and mental health care providers of a child 1036
to the extent necessary for the provider to properly treat and 1037
care for the child; 1038
(d) An educational institution or educational services 1039
provider where the child is enrolled or where enrollment is 1040
anticipated to the extent necessary for the school to provide 1041
appropriate services to the child; 1042
(e) Any state agency or board that administers student 1043
financial assistance programs. However, any records request under 1044
this paragraph shall be initiated by the agency or board for the 1045
purpose determining the child's eligibility for student financial 1046
assistance, and any disclosure shall be limited to the 1047
verification of the child's age during the period of time in which 1048
the child was in the department's legal custody; and 1049
(f) Any other state agency if the disclosure is 1050
necessary to the department in fulfilling its statutory 1051
responsibilities in protecting the best interests of the child. 1052
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(23) Nothing in this section or chapter shall require youth 1053
court approval for disclosure of records involving children as 1054
defined in Section 43-21-105(u), if the disclosure is made in a 1055
criminal matter by a municipal or county prosecutor, a district 1056
attorney or statewide prosecutor, pursuant to the Mississippi 1057
Rules of Criminal Procedure and the records are disclosed under a 1058
protective order issued by the Circuit Court presiding over the 1059
criminal matter which incorporates the penalties stated in Section 1060
43-21-267. 1061
(24) The provisions of this section shall stand repealed on 1062
July 1, * * * 2029. 1063
SECTION 13. Section 43-21-263, Mississippi Code of 1972, is 1064
brought forward as follows: 1065
43-21-263. (1) The youth court may order the sealing of 1066
records involving children: 1067
(a) If the child who was the subject of the cause has 1068
attained twenty (20) years of age; 1069
(b) If the youth court dismisses the cause; or 1070
(c) If the youth court sets aside an adjudication in 1071
the cause. 1072
(2) The youth court may, at any time, upon its own motion or 1073
upon application of a party to a youth court cause, order the 1074
sealing or unsealing of the records involving children. 1075
SECTION 14. Section 43-21-307, Mississippi Code of 1972, is 1076
amended as follows: 1077
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43-21-307. The judge * * * may authorize the temporary 1078
custody of a child taken into custody for a period of not longer 1079
than forty-eight (48) hours, excluding Saturdays, Sundays, and 1080
statutory state holidays if the judge * * * finds there are 1081
grounds to issue a custody order as defined in Section 43-21-301 1082
and such custody order complies with the detention requirements 1083
provided in Section 43-21-301(6). 1084
SECTION 15. Section 43-21-311, Mississippi Code of 1972, is 1085
amended as follows: 1086
43-21-311. (1) When a child is taken into custody, he shall 1087
immediately be informed of: 1088
(a) The reason for his custody; 1089
(b) The time within which review of the custody shall 1090
be held; 1091
(c) His rights during custody including his right to 1092
counsel; 1093
(d) All rules and regulations of the place at which he 1094
is held; 1095
(e) The time and place of the detention hearing when 1096
the time and place is set; and 1097
(f) The conditions of his custody which shall be in 1098
compliance with the detention requirements provided in Section 1099
43-21-301(6). 1100
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These rights shall be posted where the child may read them, 1101
and such rights must be read to the child when he or she is taken 1102
into custody. 1103
(2) When a child is taken into custody, the child may 1104
immediately telephone his parent, guardian or custodian; his 1105
counsel; and personnel of the youth court. Thereafter, he shall 1106
be allowed to telephone his counsel or any personnel of the youth 1107
court at reasonable intervals. Unless the judge * * * finds that 1108
it is against the best interest of the child, he may telephone his 1109
parent, guardian or custodian at reasonable intervals. 1110
(3) When a child is taken into custody, the child may be 1111
visited by his counsel and authorized personnel of the youth court 1112
at any time. Unless the judge * * * finds it to be against the 1113
best interest of the child, he may be visited by his parent, 1114
guardian or custodian during visiting hours which shall be 1115
regularly scheduled at least three (3) days per week. The youth 1116
court may establish rules permitting visits by other persons. 1117
(4) Except for the child's counsel, guardian ad litem and 1118
authorized personnel of the youth court, no person shall interview 1119
or interrogate a child held in a detention or shelter facility 1120
unless approval therefor has first been obtained from the 1121
judge * * *. When a child in a detention or shelter facility is 1122
represented by counsel or has a guardian ad litem, no person may 1123
interview or interrogate the child concerning the violation of a 1124
state or federal law, or municipal or county ordinance by the 1125
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child unless in the presence of his counsel or guardian ad litem 1126
or with their consent. 1127
SECTION 16. Section 43-21-351, Mississippi Code of 1972, is 1128
amended as follows: 1129
43-21-351. (1) Any person or agency having knowledge that a 1130
child residing or being within the county is within the 1131
jurisdiction of the youth court may make a written report to the 1132
intake * * * officer alleging facts sufficient to establish the 1133
jurisdiction of the youth court. Delinquency reports must include 1134
either a law enforcement report or a sworn affidavit. The report 1135
shall bear a permanent number that will be assigned by the court 1136
in accordance with the standards established by the Administrative 1137
Office of Courts pursuant to Section 9-21-9(d), and shall be 1138
preserved until destroyed on order of the court. 1139
(2) There shall be in each youth court of the state an 1140
intake officer who shall be responsible for the accurate and 1141
timely entering of all intake and case information into the 1142
Mississippi Youth Court Information Delivery System (MYCIDS) or a 1143
replacement for * * * all youth court matters. 1144
(3) Each intake officer shall receive, at a minimum, * * * 1145
twelve (12) hours of annual training on MYCIDS provided by 1146
the * * * Administrative Office of Courts. The * * * training 1147
required under this subsection shall * * * include MYCIDS * * * or 1148
replacement system training by the Administrative Office of 1149
Courts. 1150
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(4) The Mississippi Judicial College, * * * shall * * * make 1151
available training materials on MYCIDS * * * provided by the 1152
Administrative Office of Courts. 1153
* * * 1154
SECTION 17. Section 43-21-357, Mississippi Code of 1972, is 1155
amended as follows: 1156
43-21-357. (1) After receiving a report, the youth court 1157
intake * * * officer shall promptly make a preliminary inquiry to 1158
determine whether the interest of the child, other children in the 1159
same environment or the public requires the youth court to take 1160
further action. As part of the preliminary inquiry, the youth 1161
court intake * * * officer may request * * * that the youth 1162
court * * * order the Department of Child Protection Services, the 1163
Department of Human Services - Division of Youth Services, any 1164
successor agency or any other qualified public employee to make an 1165
investigation or report concerning the child and any other 1166
children in the same environment, and present the findings thereof 1167
to the youth court intake * * * officer. 1168
(2) If the youth court intake * * * officer receives a 1169
neglect or abuse report, the youth court intake * * * officer 1170
shall immediately forward the complaint to the Department of Child 1171
Protection Services to promptly make an investigation or report 1172
concerning the child and any other children in the same 1173
environment and promptly present the findings thereof to the youth 1174
court intake * * * officer. 1175
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(3) If it appears from the preliminary inquiry that the 1176
child or other children in the same environment are within the 1177
jurisdiction of the court, the youth court intake unit shall * * * 1178
file a written recommendation giving notice to the youth court 1179
prosecutor in delinquency matters or the Mississippi Department of 1180
Child Protection Services attorney in protection cases within 1181
fourteen (14) days of receiving a completed referral 1182
(investigation report). Within fourteen (14) days after filing of 1183
the intake recommendation, the prosecutor shall: 1184
* * * 1185
(a) File a case closure notice; 1186
(b) File a referral to the youth intervention court; 1187
(c) Divert the case for monitoring by the Department of 1188
Child Protection Services if it is a child welfare matter or to a 1189
diversion program if it is a CHINS or delinquency matter by filing 1190
notice of same; or 1191
(d) File a petition. 1192
(4) The case closure notice may be reviewable by the youth 1193
court within thirty (30) days on motion by the Department of Child 1194
Protection Services, the Attorney General's office, or the court's 1195
own motion. Nothing in this section shall change the timelines 1196
relating to the filing of a petition once the youth court has 1197
issued a custody order pursuant to Section 43-21-301. 1198
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( * * *5) If the preliminary inquiry discloses that a child 1199
needs emergency medical treatment, the judge may order the 1200
necessary treatment. 1201
SECTION 18. Section 43-21-405, Mississippi Code of 1972, is 1202
amended as follows: 1203
43-21-405. (1) The informal adjustment process shall be 1204
initiated with an informal adjustment conference conducted by an 1205
informal adjustment counselor appointed by the judge * * *. 1206
(2) If the child and his parent, guardian or custodian 1207
appear at the informal adjustment conference without counsel, the 1208
informal adjustment counselor shall, at the commencement of the 1209
conference, inform them of their right to counsel, the child's 1210
right to appointment of counsel and the right of the child to 1211
remain silent. If either the child or his parent, guardian or 1212
custodian indicates a desire to be represented by counsel, the 1213
informal adjustment counselor shall adjourn the conference to 1214
afford an opportunity to secure counsel. 1215
(3) At the beginning of the informal adjustment conference, 1216
the informal adjustment counselor shall inform the child and his 1217
parent, guardian or custodian: 1218
(a) That information has been received concerning the 1219
child which appears to establish jurisdiction of the youth court; 1220
(b) The purpose of the informal adjustment conference; 1221
(c) That during the informal adjustment process no 1222
petition will be filed; 1223
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(d) That the informal adjustment process is voluntary 1224
with the child and his parent, guardian or custodian and that they 1225
may withdraw from the informal adjustment at any time; and 1226
(e) The circumstances under which the informal 1227
adjustment process can be terminated under Section 43-21-407. 1228
(4) The informal adjustment counselor shall then discuss 1229
with the child and his parent, guardian or custodian: 1230
(a) Recommendations for actions or conduct in the 1231
interest of the child to correct the conditions of behavior or 1232
environment which may exist; 1233
(b) Continuing conferences and contacts with the child 1234
and his parent, guardian or custodian by the informal adjustment 1235
counselor or other authorized persons; and 1236
(c) The child's general behavior, his home and school 1237
environment and other factors bearing upon the proposed informal 1238
adjustment. 1239
(5) After the parties have agreed upon the appropriate terms 1240
and conditions of informal adjustment, the informal adjustment 1241
counselor and the child and his parent, guardian or custodian 1242
shall sign a written informal adjustment agreement setting forth 1243
the terms and conditions of the informal adjustment. The informal 1244
adjustment agreement may be modified at any time upon the consent 1245
of all parties to the informal adjustment conference. 1246
(6) The informal adjustment process shall not continue 1247
beyond a period of six (6) months from its commencement unless 1248
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extended by the youth court for an additional period not to exceed 1249
six (6) months by court authorization prior to the expiration of 1250
the original six-month period. In no event shall the custody or 1251
supervision of a child which has been placed with the Department 1252
of Human Services - Division of Youth Services or the Department 1253
of Child Protection Services be continued or extended except upon 1254
a written finding by the youth court judge or referee that 1255
reasonable efforts have been made to maintain the child within his 1256
own home, but that the circumstances warrant his removal and there 1257
is no reasonable alternative to custody, and that reasonable 1258
efforts will continue to be made towards reunification of the 1259
family. 1260
SECTION 19. Section 43-21-407, Mississippi Code of 1972, is 1261
amended as follows: 1262
43-21-407. (1) If it appears to the informal adjustment 1263
counselor that the child and his parent, guardian or custodian: 1264
(a) Have complied with the terms and conditions of the 1265
informal adjustment agreement; and 1266
(b) Have received the maximum benefit from the informal 1267
adjustment process, the informal adjustment counselor shall 1268
terminate the informal adjustment process and dismiss the child 1269
without further proceedings. The informal adjustment counselor 1270
shall notify the child and his parent, guardian or custodian in 1271
writing of the satisfactory completion of the informal adjustment 1272
and report such action to the youth court. 1273
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(2) If it appears to the informal adjustment counselor that 1274
further efforts at informal adjustment would not be in the best 1275
interests of the child or the community, or that the child or his 1276
parent, guardian or custodian: 1277
(a) Denies the jurisdiction of the youth court; 1278
(b) Declines to participate in the informal adjustment 1279
process; 1280
(c) Expresses a desire that the facts be determined by 1281
the youth court; 1282
(d) Fails without reasonable excuse to attend scheduled 1283
meetings; 1284
(e) Appears unable or unwilling to benefit from the 1285
informal adjustment process, the informal adjustment counselor 1286
shall terminate the informal adjustment process. If the informal 1287
adjustment process is so terminated, the intake * * * officer 1288
shall reinitiate the intake procedure under Section 43-21-357. 1289
Even if the informal adjustment process has been so terminated, 1290
the intake * * * officer shall not be precluded from reinitiating 1291
the informal adjustment process. 1292
SECTION 20. Section 43-21-451, Mississippi Code of 1972, is 1293
amended as follows: 1294
43-21-451. All proceedings seeking an adjudication that a 1295
child is a delinquent child, a child in need of supervision, a 1296
neglected child or an abused child shall be initiated by the 1297
filing of a petition. * * * The petition shall be drafted and 1298
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filed by the youth court prosecutor * * * in delinquency 1299
proceedings and by the Mississippi Department of Child Protection 1300
Services in child welfare cases. The petition shall be filed 1301
within five (5) days from the date of a detention hearing or 1302
shelter hearing continuing custody. * * * The court may, in its 1303
discretion, dismiss the petition for failure to comply with the 1304
time schedule contained herein. 1305
SECTION 21. Section 43-21-501, Mississippi Code of 1972, is 1306
amended as follows: 1307
43-21-501. When a petition has been filed and the date of 1308
hearing has been set by the youth court, the judge * * * shall 1309
order the clerk of the youth court to issue a summons to the 1310
following to appear personally at such hearing: 1311
(a) The child named in the petition; 1312
(b) The person or persons who have custody or control 1313
of the child; 1314
(c) The parent or guardian of the child if such parent 1315
or guardian does not have custody of the child; 1316
(d) The Department of Child Protection Services; and 1317
(e) Any other person whom the court deems necessary. 1318
SECTION 22. Section 43-21-609, Mississippi Code of 1972, is 1319
amended as follows: 1320
43-21-609. In neglect and abuse cases, the disposition order 1321
may include any of the following alternatives, giving precedence 1322
in the following sequence: 1323
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(a) Release the child to his or her parent(s) or 1324
pre-petition guardian without further action; 1325
(b) Order the child placed in the custody of the 1326
Department of Child Protection Services who shall make reasonable 1327
efforts to reunify the child with his or her parent(s). The court 1328
shall conduct permanency hearings pursuant to Section 43-21-613. 1329
( * * *c) Place the child * * * with his or her 1330
parents, a relative or other person subject to any conditions and 1331
limitations as the court may prescribe. The court shall conduct 1332
permanency hearings pursuant to Section 43-21-613. If the court 1333
finds that temporary relative placement, adoption or foster care 1334
placement is inappropriate, unavailable or otherwise not in the 1335
best interest of the child, durable legal custody may be granted 1336
by the court to any person subject to any limitations and 1337
conditions the court may prescribe; such durable legal custody 1338
will not take effect unless the child or children have been in the 1339
physical custody of the proposed durable custodians for at least 1340
six (6) months under the supervision of the Department of Child 1341
Protection Services. After granting durable legal custody of a 1342
minor child, the youth court shall retain original and exclusive 1343
jurisdiction of all matters related to durable legal custody, 1344
including, but not limited to, petitions to modify the durable 1345
legal custody. The requirements of Section 43-21-613 as to 1346
disposition review hearings do not apply to those matters in which 1347
the court has granted durable legal custody. In such cases, the 1348
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Department of Child Protection Services shall be released from any 1349
oversight or monitoring responsibilities; 1350
( * * *d) (i) Grant durable legal relative 1351
guardianship to a relative or fictive kin licensed as a foster 1352
parent if the licensed relative foster parent or licensed fictive 1353
kin foster parent exercised physical custody of the child for at 1354
least six (6) months before the grant of durable legal relative 1355
guardianship and the Department of Child Protection Services had 1356
legal custody or exercised supervision of the child for at least 1357
six (6) months. In order to establish durable legal relative 1358
guardianship, the youth court must find the following: 1359
1. That reunification has been determined to 1360
be inappropriate; 1361
2. That the relative guardian or fictive kin 1362
guardian shows full commitment to the care, shelter, education, 1363
nurture, and reasonable medical care of the child; and 1364
3. That the youth court consulted with any 1365
child twelve (12) years of age or older before granting durable 1366
legal relative guardianship. 1367
(ii) The requirements of Section 43-21-613 as to 1368
disposition review hearings do not apply to a hearing concerning 1369
durable legal relative guardianship. However, the Department of 1370
Child Protection Services must conduct an annual review and 1371
recertification of the durable legal relative guardianship to 1372
determine whether it remains in the best interest of the child. 1373
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If a material change in circumstances occurs adverse to the best 1374
interest of the child, the parent, relative guardian, fictive kin 1375
guardian, or Department of Child Protection Services may petition 1376
the court to review the durable legal relative guardianship; 1377
( * * *e) Order terms of treatment calculated to assist 1378
the child and the child's parent, guardian or custodian which are 1379
within the ability of the parent, guardian or custodian to 1380
perform; 1381
( * * *f) Order youth court personnel, the Department 1382
of Child Protection Services or child care agencies to assist the 1383
child and the child's parent, guardian or custodian to secure 1384
social or medical services to provide proper supervision and care 1385
of the child; 1386
( * * *g) Give legal custody of the child to any of the 1387
following but in no event to any state training school: 1388
(i) The Department of Child Protection Services 1389
for appropriate placement; or 1390
(ii) Any private or public organization, 1391
preferably community-based, able to assume the education, care and 1392
maintenance of the child, which has been found suitable by the 1393
court. Prior to assigning the custody of any child to any private 1394
institution or agency, the youth court through its designee shall 1395
first inspect the physical facilities to determine that they 1396
provide a reasonable standard of health and safety for the child; 1397
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( * * *h) If the court makes a finding that custody is 1398
necessary as defined in Section 43-21-301(3)(b), and that the 1399
child, in the action pending before the youth court had not 1400
previously been taken into custody, the disposition order shall 1401
recite that the effect of the continuation of the child's residing 1402
within his or her own home would be contrary to the welfare of the 1403
child, that the placement of the child in foster care is in the 1404
best interests of the child, and unless the reasonable efforts 1405
requirement is bypassed under Section 43-21-603(7)(c), the order 1406
also must state: 1407
(i) That reasonable efforts have been made to 1408
maintain the child within his or her own home, but that the 1409
circumstances warrant his or her removal, and there is no 1410
reasonable alternative to custody; or 1411
(ii) The circumstances are of such an emergency 1412
nature that no reasonable efforts have been made to maintain the 1413
child within his or her own home, and there is no reasonable 1414
alternative to custody; or 1415
(iii) If the court makes a finding in accordance 1416
with subparagraph (ii) of this paragraph, the court shall order 1417
that reasonable efforts be made towards the reunification of the 1418
child with his or her family; or 1419
( * * *i) If the court had, before the disposition 1420
hearing in the action pending before the court, taken the child 1421
into custody, the judge or referee shall determine, and the youth 1422
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court order shall recite that reasonable efforts were made by the 1423
Department of Child Protection Services to finalize the child's 1424
permanency plan that was in effect on the date of the disposition 1425
hearing. 1426
SECTION 23. Section 43-21-613, Mississippi Code of 1972, is 1427
amended as follows: 1428
43-21-613. (1) If the youth court finds, after a hearing 1429
which complies with the sections governing adjudicatory hearings, 1430
that the terms of a delinquency or child in need of supervision 1431
disposition order, probation or parole have been violated, the 1432
youth court may, in its discretion, revoke the original 1433
disposition and make any disposition which it could have 1434
originally ordered. The hearing shall be initiated by the filing 1435
of a petition that complies with the sections governing petitions 1436
in this chapter and that includes a statement of the youth court's 1437
original disposition order, probation or parole, the alleged 1438
violation of that order, probation or parole, and the facts which 1439
show the violation of that order, probation or parole. Summons 1440
shall be served in the same manner as summons for an adjudicatory 1441
hearing. 1442
(2) On motion of a child or a child's parent, guardian or 1443
custodian, the youth court may, in its discretion, conduct an 1444
informal hearing to review the disposition order. If the youth 1445
court finds a material change of circumstances relating to the 1446
disposition of the child, the youth court may modify the 1447
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disposition order to any appropriate disposition of equal or 1448
greater precedence which the youth court could have originally 1449
ordered. 1450
(3) (a) All disposition orders for supervision, probation 1451
or placement of a child with an individual or an agency shall be 1452
reviewed by the youth court judge or referee at least annually to 1453
determine if continued placement, probation or supervision is in 1454
the best interest of the child or the public. For children who 1455
have been adjudicated abused or neglected, except for those 1456
children for which a different timeframe is provided under Section 1457
43-21-603(7), the youth court shall conduct a permanency hearing 1458
within three (3) months after the earlier of the following and 1459
every three (3) months thereafter: 1460
(i) An adjudication that the child has been abused 1461
or neglected; or 1462
(ii) The date of the child's removal from the 1463
allegedly abusive or neglectful custodian/parent if there has been 1464
an adjudication. 1465
(b) The court shall conduct a shelter review hearing 1466
within ninety (90) days of removal if there has been no 1467
adjudication and every ninety (90) day thereafter until 1468
adjudication. 1469
(4) (a) Notice of such hearings under this section shall be 1470
given in accordance with the provisions of Section 43-21-505(5). 1471
In conducting the hearing, the judge or referee shall require a 1472
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written report and may require information or statements from the 1473
child's youth court counselor, parent, guardian or custodian, 1474
which includes, but is not limited to, an evaluation of the 1475
child's progress and recommendations for further supervision or 1476
treatment. The judge or referee shall, at the permanency hearing 1477
determine the future status of the child, including, but not 1478
limited to, whether the child should be returned to the parent(s) 1479
or placed with suitable relatives, placed for adoption, placed for 1480
the purpose of establishing durable legal custody or should, 1481
because of the child's special needs or circumstances, be 1482
continued in foster care on a permanent or long-term basis. If 1483
the child is in an out-of-state placement, the hearing shall 1484
determine whether the out-of-state placement continues to be 1485
appropriate and in the best interest of the child. At the 1486
permanency hearing the judge or referee shall determine, and the 1487
youth court order shall recite that reasonable efforts were made 1488
by the Department of Child Protection Services to finalize the 1489
child's permanency plan that was in effect on the date of the 1490
permanency hearing. The judge or referee may find that reasonable 1491
efforts to maintain the child within his home shall not be 1492
required in accordance with Section 43-21-603(7)(c), and that the 1493
youth court shall continue to conduct permanency hearings for a 1494
child who has been adjudicated abused or neglected, at least 1495
annually thereafter, for as long as the child remains in the 1496
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custody of the Mississippi Department of Child Protection 1497
Services. 1498
(b) The court may find that the filing of a termination 1499
of parental rights petition is not in the child's best interest 1500
if: 1501
(i) The child is being cared for by a relative; 1502
and/or 1503
(ii) The Department of Child Protection Services 1504
has documented compelling and extraordinary reasons why 1505
termination of parental rights would not be in the best interests 1506
of the child. 1507
(c) The provisions of this subsection shall also apply 1508
to review of cases involving a dependent child; however, such 1509
reviews shall take place not less frequently than once each one 1510
hundred eighty (180) days, or upon the request of the child's 1511
attorney, a parent's attorney, or a parent as deemed appropriate 1512
by the youth court in protecting the best interests of the child. 1513
A dependent child shall be ordered by the youth court judge or 1514
referee to be returned to the custody and home of the child's 1515
parent, guardian or custodian unless the judge or referee, upon 1516
such review, makes a written finding that the return of the child 1517
to the home would be contrary to the child's best interests. 1518
(d) Reviews are not to be conducted unless explicitly 1519
ordered by the youth court concerning those cases in which the 1520
court has granted durable legal custody. In such cases, the 1521
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Department of Child Protection Services shall be released from any 1522
oversight or monitoring responsibilities, and relieved of physical 1523
and legal custody and supervision of the child. 1524
(4) The provisions of this section do not apply to 1525
proceedings concerning durable legal relative guardianship. 1526
SECTION 24. Section 43-21-621, Mississippi Code of 1972, is 1527
amended as follows: 1528
43-21-621. (1) The youth court may, in compliance with the 1529
laws governing education of children, order any state-supported 1530
public school in its jurisdiction after notice and hearing to 1531
enroll or reenroll any compulsory-school-age child in school, and 1532
further order appropriate educational services. Provided, 1533
however, that the youth court shall not order the enrollment or 1534
reenrollment of a student that has been suspended or expelled by a 1535
public school pursuant to Section 37-9-71 or 37-7-301 for 1536
possession of a weapon on school grounds, for an offense involving 1537
a threat to the safety of other persons or for the commission of a 1538
violent act. For the purpose of this section "violent act" means 1539
any action which results in death or physical harm to another or 1540
an attempt to cause death or physical harm to another. The 1541
superintendent of the school district to which such child is 1542
ordered may, in his discretion, assign such child to the 1543
alternative school program of such school established pursuant to 1544
Section 37-13-92, Mississippi Code of 1972. The court shall have 1545
jurisdiction to enforce school and education laws. Nothing in 1546
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this section shall be construed to affect the attendance of a 1547
child in a legitimate home instruction program. 1548
(2) The youth court may specify the following conditions of 1549
probation related to any juvenile ordered to enroll or reenroll in 1550
school: That the juvenile maintain passing grades in up to four 1551
(4) courses during each grading period and meet with the court 1552
counselor and a representative of the school to make a plan for 1553
how to maintain those passing grades. 1554
(3) If the adjudication of delinquency was for an offense 1555
involving a threat to the safety of the juvenile or others and 1556
school attendance is a condition of probation, the youth court 1557
judge shall make a finding that the principal of the juvenile's 1558
school should be notified. If the judge orders that the principal 1559
be notified, the youth court counselor shall within five (5) days 1560
or before the juvenile begins to attend school, whichever occurs 1561
first, notify the principal of the juvenile's school in writing of 1562
the nature of the offense and the probation requirements related 1563
to school attendance. A principal notified by a juvenile court 1564
counselor shall handle the report according to the guidelines and 1565
rules adopted by the State Board of Education. 1566
* * * 1567
SECTION 25. Section 43-21-625, Mississippi Code of 1972, is 1568
amended as follows: 1569
43-21-625. (1) The Department of Human Services * * * may 1570
develop and implement a wilderness training program for first time 1571
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youth offenders sentenced or classified as delinquency cases or as 1572
children in need of supervision. 1573
(2) The program shall include supervised camping trips, 1574
calisthenics, manual labor assignments, physical training with 1575
obstacle courses, training in decision-making and personal 1576
development and drug counseling and rehabilitation programs. 1577
(3) The department shall adopt rules requiring that 1578
wilderness training participants complete a structured 1579
disciplinary program and allowing for a restriction on general 1580
inmate population privileges. 1581
(4) Upon receipt of youth offenders, the department shall 1582
screen offenders for the wilderness training program. To 1583
participate, an offender must have no physical limitations which 1584
would preclude participation in strenuous activity, must not be 1585
impaired and must not have been previously incarcerated in a state 1586
or federal correctional facility. In screening offenders for the 1587
wilderness training program, the department shall consider the 1588
offender's criminal history and the possible rehabilitative 1589
benefits of the program. If an offender meets the specified 1590
criteria and space is available, the department shall request in 1591
writing from the sentencing court, approval to participate in the 1592
wilderness training program. If the person is classified by the 1593
court as a delinquent or child in need of supervision and the 1594
department is requesting approval from the sentencing court for 1595
placement in the program, the department shall, at the same time, 1596
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notify the prosecuting attorney that the offender is being 1597
considered for placement in the wilderness training program. The 1598
notice shall explain that the purpose of such placement is 1599
diversion from lengthy incarceration when a wilderness training 1600
program could produce the same deterrent effect, and that the 1601
person given notice may, within fourteen (14) days of the mailing 1602
of the notice, notify the sentencing court in writing of 1603
objections, if any, to the placement of the offender in the 1604
wilderness training program. The sentencing court shall notify 1605
the department in writing of placement approval no later than 1606
twenty-one (21) days after receipt of the department's request for 1607
placement of the youthful offender in the wilderness training 1608
program. Failure to notify the department within twenty-one (21) 1609
days shall be considered an approval by the sentencing court for 1610
placing the youthful offender in the wilderness training program. 1611
The offices of the prosecuting attorneys may develop procedures 1612
for notifying each victim that the offender is being considered 1613
for placement in the wilderness training program. 1614
(5) The program shall provide a period of rigorous training 1615
to offenders who require a greater degree of supervision than 1616
community control or probation provides. Wilderness training 1617
programs may be operated in secure areas in or adjacent to adult 1618
institutions or in any area approved by the department. The 1619
program is not intended to divert offenders away from probation or 1620
community control but to divert them from long periods of 1621
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incarceration when a wilderness training program could produce the 1622
same deterrent effect. 1623
(6) If an offender in the wilderness training program 1624
becomes unmanageable, the department may place him in an 1625
appropriate facility to complete the remainder of his sentence. 1626
Any period of time in which the offender is unable to participate 1627
in the wilderness training program activities may be excluded from 1628
the specified time requirements in the program. The portion of 1629
the sentence served prior to placement in the wilderness training 1630
program shall not be counted toward program completion. Upon the 1631
offender's completion of the wilderness training program, the 1632
department shall submit a report to the court that describes the 1633
offender's performance. If the offender's performance has been 1634
satisfactory, the court shall issue an order modifying the 1635
sentence imposed and placing the offender on probation. If the 1636
offender violates the conditions of probation, the court may 1637
revoke probation and impose any sentence which it might have 1638
originally imposed. 1639
(7) The department shall provide a special training program 1640
for staff selected for the wilderness training program. 1641
(8) The department is authorized to contract with any 1642
private or public nonprofit organization or entity to carry out 1643
the purpose of this section. 1644
SECTION 26. Section 43-21-801, Mississippi Code of 1972, is 1645
amended as follows: 1646
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43-21-801. (1) There is established the Youth Court Support 1647
Program. The purpose of the program shall be to ensure that all 1648
youth courts have sufficient support * * * to carry on the 1649
business of the youth court. The Administrative Office of Courts 1650
shall establish a formula consistent with this section for 1651
providing state support payable from the Youth Court Support Fund 1652
for the support of the youth courts. 1653
* * * 1654
( * * *2) * * * Each youth court judge shall attend annual 1655
youth court training provided by the Administrative Office of 1656
Courts in coordination with the Judicial College, in addition, to 1657
any other required judicial training. The Administrative Office 1658
of Courts shall maintain records of all * * * youth court judges 1659
regarding such training and shall * * * report to the Mississippi 1660
Supreme Court and the Mississippi Judicial Performance Commission 1661
annually regarding any youth court judges who failed to attend 1662
annual training. 1663
* * * 1664
( * * *3) The provisions of this section shall stand 1665
repealed on July 1, * * * 2029. 1666
SECTION 27. Section 43-27-20, Mississippi Code of 1972, is 1667
amended as follows: 1668
43-27-20. (a) Within the Division of Youth Services there 1669
shall be an Office of Community Services, which shall be headed by 1670
a director appointed by and responsible to the Director of the 1671
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Division of Youth Services. Each director shall hold a master's 1672
degree in social work or a related field and shall have no less 1673
than three (3) years' experience in social services, or in lieu of 1674
such degree and experience, the director shall have a minimum of 1675
eight (8) years' experience in social work or a related field. 1676
Each director shall employ and assign the community workers to 1677
serve in the various areas in the state and any other supporting 1678
personnel necessary to carry out the duties of the Office of 1679
Community Services. 1680
(b) The Director of the Office of Community Services shall 1681
assign probation and aftercare workers to the youth court or 1682
family court judges of the various court districts * * * on the 1683
basis of caseload and need, when funds are available. The 1684
Director of the Office of Community Services is authorized to 1685
assign a youth services counselor to various court districts upon 1686
the approval of the * * * Director of the Division of Youth 1687
Services. 1688
* * * 1689
( * * *c) The Office of Community Services shall have such 1690
duties as the Division of Youth Services shall assign to it which 1691
shall include, but not be limited to, the following: 1692
(i) Preparing the social, educational and home-life 1693
history and other diagnostic reports on the child for the benefit 1694
of the court or the training school; however, this provision shall 1695
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not abridge the power of the court to require similar services 1696
from other agencies, according to law. 1697
(ii) Serving in counseling capacities with the youth or 1698
family courts. 1699
(iii) Serving as probation agents for the youth or 1700
family courts. 1701
(iv) Serving, advising and counseling of children under 1702
the control of the Division of Youth Services as may be necessary 1703
to the placement of the children in their proper environment upon 1704
release and the placement of children in suitable jobs where 1705
necessary and proper. 1706
(v) Supervising and guiding of children released or 1707
conditionally released from institutions under the control of the 1708
Division of Youth Services. 1709
(vi) Coordinating the activities of supporting 1710
community agencies which aid in the social adjustment of children 1711
released from the institution and in an aftercare program. 1712
(vii) Providing linkage and/or referral for services 1713
leading to the rehabilitation of delinquents, either within the 1714
division or through cooperative arrangements with other 1715
appropriate agencies. 1716
(viii) Providing counseling and supervision for any 1717
child under ten (10) years of age who has been brought to the 1718
attention of the court when other suitable personnel is not 1719
available and upon request of the court concerned. 1720
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(ix) Supervising the completion of aftercare programs 1721
and/or making revocation investigations at the request of the 1722
court. 1723
(x) Implementing a Standardized Risk Assessment Tool 1724
for use in the community. 1725
(xi) Developing and implementing a graduated sanctions 1726
policy for use within the community. 1727
(d) The Office of Community Services shall maintain data 1728
regarding the Division of Youth Services including the number and 1729
disposition of all cases together with such other useful 1730
information regarding those cases as may be requested and is 1731
obtainable from the records of the youth court. This duty may not 1732
be delegated to another agency. 1733
(e) This section shall stand repealed on July 1, * * * 2029. 1734
SECTION 28. Section 93-15-107, Mississippi Code of 1972, is 1735
amended as follows: 1736
93-15-107. (1) (a) Involuntary termination of parental 1737
rights proceedings are commenced upon the filing of a petition 1738
under this chapter. The petition may be filed by any interested 1739
person, or any agency, institution or person holding custody of 1740
the child. The simultaneous filing of a petition for adoption is 1741
not a prerequisite for filing a petition under this chapter. 1742
(b) The proceeding shall be triable, either in term 1743
time or vacation, thirty (30) days after personal service of 1744
process to any necessary party or, for a necessary party whose 1745
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address is unknown after diligent search, thirty (30) days after 1746
the date of the first publication of service of process by 1747
publication that complies with the Mississippi Rules of Civil 1748
Procedure. 1749
(c) Necessary parties to a termination of parental 1750
rights action shall include the mother of the child, the legal 1751
father of the child, the putative father of the child when known, 1752
and any agency, institution or person holding custody of the 1753
child. If the child is twelve (12) years or older at the time of 1754
the hearing, a summons must be issued and served upon the minor 1755
child, together with a copy of the petition, not less than seven 1756
(7) days before the hearing. The minor child shall be represented 1757
by counsel throughout the proceedings. The court shall appoint an 1758
attorney for any minor child who is unrepresented, so the court 1759
has the benefit of knowing the child's stated interest. If the 1760
child is fourteen (14) years or older at the time of the hearing, 1761
the child's preferences, if any, regarding the termination of 1762
parental rights shall be considered by the court. The absence of 1763
a necessary party who has been properly served does not preclude 1764
the court from conducting the hearing or rendering a final 1765
judgment. 1766
(d) A guardian ad litem shall be appointed to protect 1767
the best interest of the child, except that the court, in its 1768
discretion, may waive this requirement when a parent executes a 1769
written voluntary release to terminate parental rights. In the 1770
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event the guardian ad litem is not appointed by the Administrative 1771
Office of Courts, guardian ad litem fees shall be determined * * * 1772
in the discretion of the court and assessed to the county. 1773
(e) The style of the case shall not include the child's 1774
name when the child is not the party plaintiff or petitioner. 1775
(2) Voluntary termination of parental rights by written 1776
voluntary release is governed by Section 93-15-111. 1777
(3) In all cases involving termination of parental rights, a 1778
minor parent shall be served with process as an adult. 1779
(4) The court may waive service of process if an adoptive 1780
child was born in a foreign country, put up for adoption in the 1781
birth country, and has been legally admitted into this country. 1782
(5) The clerk shall docket cases seeking relief under this 1783
chapter as priority cases. The assigned judge shall be 1784
immediately notified when a case is filed in order to provide for 1785
expedited proceedings. 1786
(6) (a) Once the petition for termination of parental 1787
rights is filed with the court of competent jurisdiction, the 1788
court shall hold a hearing on the petition within ninety (90) 1789
calendar days of the date the petition is filed, absent 1790
extraordinary circumstances. 1791
(b) For purposes of this subsection, the 1792
ninety-calendar-day time period will commence when perfected 1793
service is made on the parents. 1794
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(c) For purposes of this subsection, extraordinary 1795
circumstances include: 1796
(i) The Mississippi Supreme Court orders the 1797
suspension of in-person court proceedings; or 1798
(ii) One (1) of the following has occurred: 1799
1. The President of the United States has 1800
declared a national emergency; or 1801
2. The Governor has declared a state of 1802
emergency or a statewide public health emergency; or 1803
(iii) If the best interest of the child is served 1804
and the chancellor makes specific findings of such. 1805
SECTION 29. Section 93-31-3, Mississippi Code of 1972, is 1806
amended as follows: 1807
93-31-3. (1) (a) A parent or legal custodian of a child, 1808
by means of a properly executed power of attorney as provided in 1809
Section 93-31-5, may delegate to another willing person or persons 1810
as attorney-in-fact any of the powers regarding the care and 1811
custody of the child other than the following: 1812
(i) The power to consent to marriage or adoption 1813
of the child; 1814
(ii) The performance or inducement of an abortion 1815
on or for the child; or 1816
(iii) The termination of parental rights to the 1817
child. 1818
(b) A delegation of powers under this section does not: 1819
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(i) Change or modify any parental or legal rights, 1820
obligations, or authority established by an existing court order; 1821
(ii) Deprive any custodial or noncustodial parent 1822
or legal guardian of any parental or legal rights, obligations, or 1823
authority regarding the custody, visitation, or support of the 1824
child; or 1825
(iii) Affect a court's ability to determine the 1826
best interests of a child. 1827
(c) If both parents are living and neither parent's 1828
parental rights have been terminated, both parents must execute 1829
the power of attorney. If a noncustodial parent is absent or 1830
unknown, the custodial parent must complete the affidavit 1831
contemplated under Section 93-31-5 and attach it to the power of 1832
attorney. 1833
(d) A power of attorney under this chapter must be 1834
facilitated by either a child welfare agency that is licensed to 1835
place children for adoption and that is operating under the Safe 1836
Families for Children model or another charitable organization 1837
that is operating under the Safe Families for Children model. A 1838
full criminal history and child abuse and neglect background check 1839
must be conducted on any person who is not a grandparent, aunt, 1840
uncle, or sibling of the child if the person is: 1841
(i) Designated or proposed to be designated as the 1842
attorney-in-fact; or 1843
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(ii) Is a person over the age of fifteen (15) who 1844
resides in the home of the designated attorney-in-fact. 1845
(2) A power of attorney executed under this chapter shall 1846
not be used for the sole purposes of enrolling a child in a school 1847
to participate in the academic or interscholastic athletic 1848
programs provided by that school or for any other unlawful 1849
purposes, except as may be permitted by the federal Every Student 1850
Succeeds Act (Public Law 114-95). 1851
(3) The parent or legal custodian of the child has the 1852
authority to revoke or withdraw the power of attorney authorized 1853
by this section at any time. Upon the termination, expiration, or 1854
revocation of the power of attorney, the child must be returned to 1855
the custody of the parent or legal custodian. 1856
(4) Until the authority expires or is revoked or withdrawn 1857
by the parent or legal custodian, the attorney-in-fact shall 1858
exercise parental or legal authority on a continuous basis without 1859
compensation for the duration of the power of attorney. 1860
(5) The execution of a power of attorney by a parent or 1861
legal custodian does not, in the absence of other evidence, 1862
constitute abandonment, desertion, abuse, neglect, or any evidence 1863
of unfitness as a parent unless the parent or legal custodian 1864
fails to take custody of the child or execute a new power of 1865
attorney after the one-year time limit, or after a longer time 1866
period as allowed for a serving parent, has elapsed. Nothing in 1867
this subsection prevents the Department of Child Protection 1868
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Services or law enforcement from investigating allegations of 1869
abuse, abandonment, desertion, neglect or other mistreatment of a 1870
child. 1871
(6) When the custody of a child is transferred by a power of 1872
attorney under this chapter, the child is not considered to have 1873
been placed in foster care and the attorney-in-fact will not be 1874
subject to any of the requirements or licensing regulations for 1875
foster care or other regulations relating to out-of-home care for 1876
children and will not be subject to any statutes or regulations 1877
dealing with the licensing or regulation of foster care homes. 1878
(7) (a) "Serving parent" means a parent who is a member of 1879
the Armed Forces of the United States, including any reserve 1880
component thereof, or the National Oceanic and Atmospheric 1881
Administration Commissioned Officer Corps or the Public Health 1882
Service of the United States Department of Health and Human 1883
Services detailed by proper authority for duty with the Armed 1884
Forces of the United States, or who is required to enter or serve 1885
in the active military service of the United States under a call 1886
or order of the President of the United States or to serve on 1887
state active duty. 1888
(b) A serving parent may delegate the powers designated 1889
in subsection (1) of this section for longer than one (1) year if 1890
on active-duty service or if scheduled to be on active-duty 1891
service. The term of delegation, however, may not exceed the term 1892
of active-duty service plus thirty (30) days. 1893
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* * * 1894
( * * *8) The provisions of this section shall stand 1895
repealed on July 1, * * * 2029. 1896
SECTION 30. (1) As used in this section, the term "youth 1897
court proceeding" means a court proceeding stemming from a 1898
petition alleging that a child is an abused, neglected, dependent, 1899
in need of supervision, or delinquent child. 1900
(2) The general public shall be admitted to: 1901
(a) Any adjudicatory hearing; 1902
(b) Any dispositional hearing; or 1903
(c) Any hearing in a proceeding, except as otherwise 1904
provided in subsection (3) of this section. 1905
(3) The court may close a youth court hearing only upon 1906
making a finding upon the record and issuing a signed order 1907
stating the reason or reasons for closing all or part of a hearing 1908
in such proceeding and stating that: 1909
(a) The proceeding involves an allegation of an act 1910
which, if done by an adult, would constitute a sexual offense; or 1911
(b) It is in the best interests of the child. In 1912
making such a determination, the court shall consider such factors 1913
as: 1914
(i) The age of the child alleged or adjudicated; 1915
(ii) The nature of the allegations; 1916
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(iii) The effect that an open court proceeding 1917
will have on the court's ability to reunite and rehabilitate the 1918
family unit; and 1919
(iv) Whether the closure is necessary to protect 1920
the privacy of a child, of a parent or foster parent or other 1921
caretaker of a child, or of a victim of domestic violence. 1922
(4) The court may close a hearing or exclude a person from a 1923
hearing in any proceeding on its own motion, by motion of a party 1924
to the proceeding, or by motion of the child who is the subject of 1925
the proceeding or the child's attorney or guardian ad litem, after 1926
a hearing on the record and issuing a signed order. 1927
(5) Only the parties, their counsel, witnesses, persons 1928
accompanying a party for his or her assistance, the victim, and 1929
any other persons as the court finds have a proper interest in the 1930
proceeding or in the work of the court may be admitted by the 1931
court to hearings from which the public is excluded; provided, 1932
however, that when the conduct alleged in the proceeding could 1933
give rise to a criminal or delinquent act prosecution, attorneys 1934
for the prosecution and the defense shall be admitted. 1935
(6) The court may refuse to admit a person to a hearing in 1936
any proceeding upon making a finding upon the record and issuing a 1937
signed order that the person's presence at the hearing would: 1938
(a) Be detrimental to the best interests of the child 1939
who is a party to the proceeding; 1940
(b) Impair the fact-finding process; or 1941
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(c) Be otherwise contrary to the interest of justice. 1942
(7) Any request for installation and use of electronic 1943
recording, transmission, videotaping, or motion picture or still 1944
photography of any judicial proceeding shall be made to the court 1945
at least two (2) days in advance of the hearing. 1946
(8) The judge may order the media not to release identifying 1947
information concerning any child, family members, or foster parent 1948
or other caretaker of a child involved in hearings open to the 1949
public. 1950
SECTION 31. (1) (a) The Legislature declares its intent to 1951
establish the statewide Youth Diversion Program (YDP) for youth 1952
who come into contact with the Youth Court system as a Child In 1953
Need of Supervision (CHINS) or due to a delinquent act. The YDP 1954
shall cost effectively divert youth who are not a public safety 1955
risk from court involvement thereby reducing youth recidivism, 1956
connecting youth and their families to needed services in a timely 1957
manner, promoting accountability by supporting the rights of 1958
victims and healing any harm caused to victims and communities 1959
through restorative practices, and reducing costs within the 1960
juvenile justice system. 1961
(b) Research has shown that court involvement for youth 1962
who are not identified as a risk of harm to others can increase 1963
youth recidivism and negatively effect their education and 1964
opportunity to become productive adults. Most low risk youth grow 1965
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out of their behavior and stop reoffending without system 1966
intervention. 1967
(c) The goals of the YDP are to: 1968
(i) Prevent involvement of youth in the formal 1969
legal system; 1970
(ii) Provide youth who are low risk to reoffend 1971
with cost-effective services as an alternative to court 1972
involvement, including youth who demonstrate behaviors or symptoms 1973
consistent with an intellectual and developmental disability, a 1974
mental or behavioral health issue, lack of mental capacity to 1975
stand trial, and youth with family, educational, or other issues 1976
that are not primarily public safety related. 1977
(iii) Serve the best interest of youth and 1978
community safety while emphasizing the youth's acceptance of 1979
responsibility and repairing any harm caused to victims and 1980
communities; 1981
(iv) Reduce unnecessary court costs and ensure the 1982
formal court system is prioritized for youth that require more 1983
intensive supervision and services. 1984
(2) Consistent with public safety, youth rehabilitation, and 1985
accountability, youth shall be eligible for the YDP as follows: 1986
(a) All youth who commit a first or second time CHINS 1987
offense or first time misdemeanor delinquent offense other than 1988
one involving violence are automatically eligible for YDP. Upon 1989
referral to Youth Court, Youth Court Intake staff shall conduct a 1990
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criminal history review and refer all eligible youth directly to 1991
the Mississippi Department of Human Services Division of Youth 1992
Services (DYS) for YDP participation. 1993
(b) No youth shall be denied diversion and 1994
participation in the YDP due to the youth's: 1995
(i) Ability to pay; 1996
(ii) Previous or current involvement with the 1997
state or county departments of human or social services; 1998
(iii) Age, race or ethnicity, gender, gender 1999
identity, gender expression or sexual orientation; 2000
(iv) Legal representation; 2001
(v) Geographic location, including the 2002
availability of specific types of services; or 2003
(vi) Behaviors or symptoms consistent with an 2004
intellectual and developmental disability, a mental health or 2005
behavioral health issue, or a lack of mental capacity, unless the 2006
behaviors or symptoms are so severe that the youth cannot 2007
understand or participate in diversion. 2008
(3) The Division of Youth Services of the Department of 2009
Human Services, referred to in this section as DYS, is authorized 2010
to oversee and administer the YDP. To effectuate the program, DYS 2011
shall do the following for all eligible youth referred to the YDP 2012
by Youth Court Intake, pre-petition: 2013
(a) On and after January 1, 2027, conduct a risk 2014
screening using a validated risk screening and mental health 2015
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screening for all youth referred from Intake to DYS for 2016
participation in the YDP. These screenings must be completed 2017
within forty-eight (48) hours of referral and be completed by a 2018
DYS staff member who is trained in these tools. 2019
(b) Use the results of the risk and needs screening 2020
tools to inform decisions on diversion programming and services 2021
for youth and their families. DYS shall make the results of the 2022
risk screening available to the youth and the youth's family and 2023
engage in a meeting with them to discuss and obtain their feedback 2024
on the service plan, expectations, and terms of the diversion. 2025
The risk and mental health screening tools and any 2026
information obtained from a youth in the course of any screening, 2027
including any admission, confession, or incriminating evidence in 2028
conjunction with proceedings pursuant to this section or made in 2029
order to participate in the YDP is not admissible into evidence in 2030
any adjudicatory hearing in which the youth is accused and is not 2031
subject to subpoena or any other court process for use in any 2032
other proceeding or for any other purpose. 2033
(c) Provide supervision to youth in the diversion 2034
program, tailored to their risk of reoffending and service needs, 2035
for a period of time not to exceed four (4) months, with a single, 2036
two (2) month extension allowable for youth struggling to engage 2037
with diversion programming/comply with diversion conditions. 2038
(d) Connect youth to diversion programming aligned with 2039
the youth's assessed risk and needs, including, but not limited 2040
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to, the provision of diagnostic behavioral health assessments, 2041
cognitive behavioral and family therapy, behavioral health 2042
services, services for youth with developmental disabilities, 2043
specialized tutoring, job training and placement, truancy 2044
reduction, restorative programs, mentoring, credible messengers, 2045
youth and family advocates, day reporting and day treatment 2046
programs, and follow up activities. 2047
(e) For youth who are, or their families are, involved 2048
with the child protection or mental health system at the time of 2049
referral to YDP, DYS shall organize a meeting within two (2) weeks 2050
of the referral with the youth, family, and all state or local 2051
agency representatives and service providers involved with the 2052
case to discuss and coordinate case planning and service 2053
activities. 2054
(f) For youth that are assessed moderate or high risk 2055
to reoffend, monitor engagement with diversion services and 2056
compliance with general diversion conditions. If youth exhibit 2057
continued concerning behaviors while on YDP that rise to the level 2058
of public safety risk, DYS shall determine whether the youth 2059
should be referred back to Youth Court for an intake and petition 2060
decision. 2061
(3) The Division of Youth Services of the Department of 2062
Human Services shall provide for services for youth participating 2063
in the YDP through the following methods: 2064
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(a) Contract for community-based services specifically 2065
for youth participating in the YDP using funding that the 2066
Legislature designates for this purpose. Services shall include, 2067
but not be limited to, the provision of diagnostic behavioral 2068
health assessments, cognitive behavioral and family therapy, 2069
behavioral health services, services for youth with developmental 2070
disabilities, specialized tutoring, job training and placement, 2071
truancy reduction, restorative programs, mentoring, credible 2072
messengers, youth and family advocates, day reporting and day 2073
treatment programs, and follow-up activities. 2074
(i) DYS shall ensure that procured services are 2075
available to serve youth participating in the YDP in all Youth 2076
Courts statewide, including in rural communities. 2077
(ii) DYS shall procure YDP services through a 2078
competitive request for proposal process that prioritizes the use 2079
of evidence-based and promising programs and interventions, 2080
providers with experience serving at risk or justice involved 2081
youth and cost-effective public safety interventions. 2082
(iii) To support this process, DYS shall 2083
establish, post, and share formal procurement notices in 2084
accordance with state law for all YDP services, identify and 2085
publish objective proposal review and scoring criteria, and 2086
include an independent proposal review panel of at least three (3) 2087
people, with members having no direct affiliation or funding 2088
relationship with DYS. 2089
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(iv) DYS shall have final authority to make 2090
funding determinations. 2091
(b) On a quarterly basis, DYS shall convene with state 2092
agency representatives including, but not limited to, Child 2093
Protection Services, Department of Education, Department of Mental 2094
Health, Division of Medicaid, Administrative Office of Courts, and 2095
the Chair of the Youth Court Judges Council to discuss 2096
coordination of available services, funding, and programming for 2097
youth participating in the YDP. This shall include efforts to 2098
ensure YDP funding and procurement processes address gaps in 2099
existing services for youth and that DYS is aware of and fully 2100
utilizes resources and programs from other state agencies for 2101
youth services as appropriate. 2102
(4) The Division of Youth Services of the Department of 2103
Human Services shall provide ongoing oversight and quality 2104
assurance of the YDP and contracted services to promote 2105
transparency, accountability, cost effectiveness, and improved 2106
public safety and youth outcomes. This shall include: 2107
(a) Establish minimum data collection requirements and 2108
performance measures for all contracted service providers, 2109
including, but not limited to: number and demographics of youth 2110
served; program utilization; average length of time in services; 2111
services provided; successful program completion rates and reasons 2112
for unsuccessful completion; and youth outcomes. 2113
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(b) Conduct at least annual "monitoring reviews" of all 2114
contracted service providers to include a review of provider 2115
referral criteria and program utilization, case planning and 2116
service policies and procedures, youth engagement and service 2117
activities, staffing, program administration and expenditures. 2118
(c) Provide at least annual juvenile justice best 2119
practice training to all contracted providers, as well as all 2120
Division of Youth Services staff supervising YDP cases, such as on 2121
adolescent development, risk, need, responsivity, youth engagement 2122
and effective services. 2123
(d) Establish performance metrics and data collection 2124
and reporting methods for the YDP overall including, but not 2125
limited to, the number of youth referred; demographics; offenses; 2126
risk screening results; mental health screening results; length of 2127
time on supervision; services provided and utilization of 2128
services; program expenditures; successful completion rates; 2129
reasons for unsuccessful completion; and number of youth referred 2130
back to Youth Court Intake for a petition decision. 2131
(5) DYS shall compile information on the YDP and contracted 2132
services and provide a report to the Legislature annually, with 2133
the first report due January 1, 2028. 2134
SECTION 32. (1) There is established the Family Services 2135
Roundtable for Mississippi Children, Youth, and Families 2136
("Roundtable"). The role of the Roundtable is to facilitate 2137
collaborative planning and services for children, youth, and 2138
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families referred to Mississippi youth courts for either child 2139
welfare or juvenile justice matters. The objective is to achieve 2140
better outcomes for children and families by fostering a community 2141
of collaboration between the child welfare and juvenile justice 2142
systems and to serve as a place for respectful deliberation and 2143
consensus building on strategies that will have the greatest 2144
impact on well being, safety, and justice for Mississippi 2145
children, youth, and families. 2146
(2) The Roundtable shall: 2147
(a) Develop and maintain a statewide resource 2148
directory/online platform that details available community based 2149
services for youth at risk of child welfare or juvenile justice 2150
involvement, including truancy. The resource shall include 2151
program type, eligibility, funding source, and referral contacts; 2152
(b) Identify and implement strategies to better 2153
coordinate and leverage Medicaid, Family First Prevention Services 2154
Act, Title IV E of the Social Security Act, and other federal and 2155
state funding sources to support and pilot evidence-based, 2156
community-based alternatives to placement programs for youth at 2157
risk of entering foster care or juvenile justice placement; 2158
(c) Make recommendations for statutory changes and 2159
administrative processes for strengthening cross system responses 2160
for youth involved in the child protection and juvenile justice 2161
systems, including identifying evidence-based tools for early 2162
identification and referral of youth and families for substance 2163
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abuse treatment and early identification and referral of youth 2164
having contact with both the child welfare and juvenile justice 2165
systems; 2166
(d) Determine how to maximize federal funding streams, 2167
including determining which, if any, state plans need to be 2168
amended, which agency plans, if any, need to be amended, and what 2169
agreements, if any, need to be entered for cross-agency 2170
collaboration and for obtaining high quality independent legal 2171
representation; 2172
(e) Track services provided and outcomes including, but 2173
not limited to, populations served by each service provider, cost 2174
for those services, cost comparisons across the range of similar 2175
service providers, program outcomes (success rate, lack of 2176
success, and cost v. benefit analysis), areas of the state in 2177
which services are offered, and community needs as identified by 2178
Roundtable members and supported with agency and youth court data; 2179
(f) Review anonymized data collected by youth courts 2180
and agencies that is related to children, youth, and families 2181
referred to Mississippi youth courts, develop processes for 2182
regular data reporting, analysis, and sharing across agencies and 2183
courts involved with children, youth, and families referred to 2184
Mississippi youth courts; and 2185
(g) Address any other issues related to providing 2186
services to children, youth, and families referred to Mississippi 2187
youth courts. 2188
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(3) The Roundtable shall consist of the following members: 2189
(a) One (1) chancery court judge, to be appointed by 2190
the Chief Justice of the Mississippi Supreme Court; 2191
(b) One (1) circuit court judge who presides over an 2192
adult intervention court, to be appointed by the Chief Justice of 2193
the Mississippi Supreme Court; 2194
(c) One (1) youth court judge who presides over a 2195
juvenile intervention court, to be appointed by the Chief Justice 2196
of the Mississippi Supreme Court; 2197
(d) One (1) member of the Mississippi House of 2198
Representatives to be appointed by the Speaker of the House; 2199
(e) One (1) member of the Mississippi Senate to be 2200
appointed by the Lieutenant Governor; 2201
(f) The directors of the following state agencies or 2202
entities, or their designated representatives, and two (2) key 2203
employees familiar with federal funding streams, other than the 2204
director or commissioner of each agency or entity: the Mississippi 2205
Department of Human Services, the Mississippi Department of 2206
Health, the Mississippi Department of Mental Health, the 2207
Mississippi Department of Public Safety, the Mississippi 2208
Department of Education, the Division of Medicaid, the 2209
Administrative Office of Courts, the Office of the Attorney 2210
General, the Office of the State Public Defender, the Mississippi 2211
Department of Child Protection Services, three (3) representatives 2212
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from public housing agencies to be appointed by the Chief Justice 2213
of the Mississippi Supreme Court; and 2214
(g) The director or a designated representative of the 2215
Governor's Office of Federal State Programs. 2216
(4) The members shall be appointed to the Roundtable within 2217
fifteen (15) days of July 1, 2026, and shall serve until the end 2218
of their respective terms of office, if applicable, or until 2219
October 1, 2030, whichever occurs first. Vacancies on the 2220
Roundtable shall be filled in the manner of the original 2221
appointment. Members shall be eligible for reappointment provided 2222
that upon such reappointment they meet the qualifications required 2223
of a new appointee. 2224
(5) The Roundtable must meet within sixty (60) days of the 2225
effective date of this act upon call of the Chief Justice of the 2226
Mississippi Supreme Court, and at its first meeting may elect any 2227
officers from among its membership as it deems necessary for the 2228
efficient discharge of the Roundtable's duties. 2229
(6) The Roundtable shall adopt rules and regulations 2230
governing times and places for meetings and governing the manner 2231
of conducting its business. Twenty-three (23) or more members 2232
shall constitute a quorum for the purpose of conducting any 2233
business of the Roundtable; provided, however, a vote of not less 2234
than twenty-six (26) members shall be required for any 2235
recommendations to the Legislature. 2236
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(7) Members of the Roundtable shall serve without 2237
compensation, except that state and county employees and officers 2238
shall receive any per diem as authorized by law from 2239
appropriations available to their respective agencies or political 2240
subdivisions. All Roundtable members shall be entitled to receive 2241
reimbursement for any actual and reasonable expenses incurred as a 2242
necessary incident to service on the Roundtable, including mileage 2243
as provided by law. 2244
(8) The Roundtable may employ any consultants it deems 2245
necessary, including consultants to compile any demographic data 2246
needed to accomplish the duties of the Roundtable. 2247
(9) The Administrative Office of Courts will staff the 2248
Roundtable and perform the duties which the Roundtable directs. 2249
(10) The Roundtable may contract for suitable office space 2250
in accordance with the provisions of Section 29-5-2. In addition, 2251
the Roundtable may utilize, with their consent, the services, 2252
equipment, personnel, information and resources of other state 2253
agencies; and may accept voluntary and uncompensated services, 2254
contract with individuals, public and private agencies, and 2255
request information, reports and data from any agency of the 2256
state, or any of its political subdivisions, to the extent 2257
authorized by law. 2258
(11) In order to conduct and carry out its purposes, duties, 2259
and related activities as provided for in this section, the 2260
Roundtable is authorized to apply for and accept gifts, grants, 2261
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subsidies, and other funds from persons, corporations, 2262
foundations, the United States government or other entities, 2263
provided that the receipt of such gifts, grants, subsidies, and 2264
funds shall be reported and otherwise accounted for in the manner 2265
provided by law. 2266
(12) The Roundtable shall report annually to the 2267
Legislature, addressing all matters set out in subsection (2) of 2268
this section. The Roundtable's report shall be due January 15, 2269
2027, and January 15 of each year thereafter. 2270
SECTION 33. Section 43-21-111, Mississippi Code of 1972, 2271
which provides for regular and special referees in youth court, is 2272
hereby repealed. 2273
SECTION 34. Section 43-21-125, Mississippi Code of 1972, 2274
which creates the Mississippi Council of Youth Court Judges, is 2275
hereby repealed. 2276
SECTION 35. Section 43-21-267, Mississippi Code of 1972, 2277
which provides for certain sanctions regarding certain disclosure 2278
of youth court records, is hereby repealed. 2279
SECTION 36. Section 43-21-305, Mississippi Code of 1972, 2280
which provides certain questioning of a child in a public place by 2281
a law enforcement officer, is hereby repealed. 2282
SECTION 37. Section 43-21-703, Mississippi Code of 1972, 2283
which provides the duties of the Mississippi Commission on a 2284
Uniform Court System and Procedures, is hereby repealed. 2285
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ST: Youth court; revise various provisions
pertaining to.
SECTION 38. Sections 43-21-751, 43-32-753 and 43-21-755, 2286
Mississippi Code of 1972, which creates the Teen Court Pilot 2287
Program Act, is hereby repealed. 2288
SECTION 39. This act shall take effect and be in force from 2289
and after July 1, 2026. 2290