Youth court; extend repealers on statutes relating to MS Youth Court Information Delivery System (MYCIDS) and records.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Shanks

HOUSE BILL NO. 938

AN ACT TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE DATE OF THE REPEALER ON THE STATUTE GOVERNING THE 2
DISCLOSURE OF YOUTH COURT RECORDS INVOLVING CHILDREN; TO AMEND 3
SECTION 43-21-351, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF 4
THE REPEALER ON THE STATUTE REQUIRING YOUTH COURT INTAKE OFFICERS 5
TO ENTER INTAKE AND CASE INFORMATION INTO THE MISSISSIPPI YOUTH 6
COURT INFORMATION DELIVERY SYSTEM (MYCIDS); TO AMEND SECTION 7
43-21-801, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE 8
REPEALER ON THE YOUTH COURT SUPPORT PROGRAM AND THE YOUTH COURT 9
SUPPORT FUND IN THE STATE TREASURY; TO AMEND SECTION 45-33-61, 10
MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON 11
THE STATUTE PROHIBITING A PERSON CONVICTED OF A SEX OFFENSE FROM 12
ACCESSING MYCIDS; TO AMEND SECTION 93-31-3, MISSISSIPPI CODE OF 13
1972, TO EXTEND THE DATE OF THE REPEALER ON THE STATUTE 14
AUTHORIZING A PARENT TO EXECUTE A POWER OF ATTORNEY TO DELEGATE TO 15
ANOTHER PERSON CERTAIN POWERS REGARDING THE CARE AND CUSTODY OF A 16
CHILD; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 43-21-261, Mississippi Code of 1972, is 19
amended as follows: 20
43-21-261. (1) Except as otherwise provided in this 21
section, records involving children shall not be disclosed, other 22
than to necessary staff or officials of the youth court, a 23
guardian ad litem appointed to a child by the court, or a 24
Court-Appointed Special Advocate (CASA) volunteer who may be 25
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assigned in a dependency, abuse or neglect case, except pursuant 26
to an order of the youth court specifying the person or persons to 27
whom the records may be disclosed, the extent of the records which 28
may be disclosed and the purpose of the disclosure. Such court 29
orders for disclosure shall be limited to those instances in which 30
the youth court concludes, in its discretion, that disclosure is 31
required for the best interests of the child, the public safety, 32
the functioning of the youth court, or to identify a person who 33
knowingly made a false allegation of child abuse or neglect, and 34
then only to the following persons: 35
(a) The judge of another youth court or member of 36
another youth court staff; 37
(b) The court of the parties in a child custody or 38
adoption cause in another court; 39
(c) A judge of any other court or members of another 40
court staff, including the chancery court that ordered a forensic 41
interview; 42
(d) Representatives of a public or private agency 43
providing supervision or having custody of the child under order 44
of the youth court; 45
(e) Any person engaged in a bona fide research purpose, 46
provided that no information identifying the subject of the 47
records shall be made available to the researcher unless it is 48
absolutely essential to the research purpose and the judge gives 49
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prior written approval, and the child, through his or her 50
representative, gives permission to release the information; 51
(f) The Mississippi Department of Employment Security, 52
or its duly authorized representatives, for the purpose of a 53
child's enrollment into the Job Corps Training Program as 54
authorized by Title IV of the Comprehensive Employment Training 55
Act of 1973 (29 USCS Section 923 et seq.). However, no records, 56
reports, investigations or information derived therefrom 57
pertaining to child abuse or neglect shall be disclosed; 58
(g) Any person pursuant to a finding by a judge of the 59
youth court of compelling circumstances affecting the health, 60
safety or well-being of a child and that such disclosure is in the 61
best interests of the child or an adult who was formerly the 62
subject of a youth court delinquency proceeding; 63
(h) A person who was the subject of a knowingly made 64
false allegation of child abuse or neglect which has resulted in a 65
conviction of a perpetrator in accordance with Section 97-35-47 or 66
which allegation was referred by the Department of Child 67
Protection Services to a prosecutor or law enforcement official in 68
accordance with the provisions of Section 43-21-353(4). 69
Law enforcement agencies may disclose information to the 70
public concerning the taking of a child into custody for the 71
commission of a delinquent act without the necessity of an order 72
from the youth court. The information released shall not identify 73
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the child or his address unless the information involves a child 74
convicted as an adult. 75
(2) Any records involving children which are disclosed under 76
an order of the youth court or pursuant to the terms of this 77
section and the contents thereof shall be kept confidential by the 78
person or agency to whom the record is disclosed unless otherwise 79
provided in the order. Any further disclosure of any records 80
involving children shall be made only under an order of the youth 81
court as provided in this section. 82
(3) Upon request, the parent, guardian or custodian of the 83
child who is the subject of a youth court cause or any attorney 84
for such parent, guardian or custodian, shall have the right to 85
inspect any record, report or investigation relevant to a matter 86
to be heard by a youth court, except that the identity of the 87
reporter shall not be released, nor the name of any other person 88
where the person or agency making the information available finds 89
that disclosure of the information would be likely to endanger the 90
life or safety of such person. The attorney for the parent, 91
guardian or custodian of the child, upon request, shall be 92
provided a copy of any record, report or investigation relevant to 93
a matter to be heard by a youth court, but the identity of the 94
reporter must be redacted and the name of any other person must 95
also be redacted if the person or agency making the information 96
available finds that disclosure of the information would be likely 97
to endanger the life, safety or well-being of the person. A 98
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record provided to the attorney under this section must remain in 99
the attorney's control and the attorney may not provide copies or 100
access to another person or entity without prior consent of a 101
court with appropriate jurisdiction. 102
(4) Upon request, the child who is the subject of a youth 103
court cause shall have the right to have his counsel inspect and 104
copy any record, report or investigation which is filed with the 105
youth court or which is to be considered by the youth court at a 106
hearing. 107
(5) (a) The youth court prosecutor or prosecutors, the 108
county attorney, the district attorney, the youth court defender 109
or defenders, or any attorney representing a child shall have the 110
right to inspect and copy any law enforcement record involving 111
children. 112
(b) The Department of Child Protection Services shall 113
disclose to a county prosecuting attorney or district attorney any 114
and all records resulting from an investigation into suspected 115
child abuse or neglect when the case has been referred by the 116
Department of Child Protection Services to the county prosecuting 117
attorney or district attorney for criminal prosecution. 118
(c) Agency records made confidential under the 119
provisions of this section may be disclosed to a court of 120
competent jurisdiction. 121
(d) Records involving children shall be disclosed to 122
the Division of Victim Compensation of the Office of the Attorney 123
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General upon the division's request without order of the youth 124
court for purposes of determination of eligibility for victim 125
compensation benefits. 126
(6) Information concerning an investigation into a report of 127
child abuse or child neglect may be disclosed by the Department of 128
Child Protection Services without order of the youth court to any 129
attorney, physician, dentist, intern, resident, nurse, 130
psychologist, social worker, family protection worker, family 131
protection specialist, child caregiver, minister, law enforcement 132
officer, or a public or private school employee making that report 133
pursuant to Section 43-21-353(1) if the reporter has a continuing 134
professional relationship with the child and a need for such 135
information in order to protect or treat the child. 136
(7) Information concerning an investigation into a report of 137
child abuse or child neglect may be disclosed without further 138
order of the youth court to any interagency child abuse task force 139
established in any county or municipality by order of the youth 140
court of that county or municipality. 141
(8) Names and addresses of juveniles twice adjudicated as 142
delinquent for an act which would be a felony if committed by an 143
adult or for the unlawful possession of a firearm shall not be 144
held confidential and shall be made available to the public. 145
(9) Names and addresses of juveniles adjudicated as 146
delinquent for murder, manslaughter, burglary, arson, armed 147
robbery, aggravated assault, any sex offense as defined in Section 148
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45-33-23, for any violation of Section 41-29-139(a)(1) or for any 149
violation of Section 63-11-30, shall not be held confidential and 150
shall be made available to the public. 151
(10) The judges of the circuit and county courts, and 152
presentence investigators for the circuit courts, as provided in 153
Section 47-7-9, shall have the right to inspect any youth court 154
records of a person convicted of a crime for sentencing purposes 155
only. 156
(11) The victim of an offense committed by a child who is 157
the subject of a youth court cause shall have the right to be 158
informed of the child's disposition by the youth court. 159
(12) A classification hearing officer of the * * * 160
Mississippi Department of Corrections, as provided in Section 161
47-5-103, shall have the right to inspect any youth court records, 162
excluding abuse and neglect records, of any offender in the 163
custody of the department who as a child or minor was a juvenile 164
offender or was the subject of a youth court cause of action, and 165
the State Parole Board, as provided in Section 47-7-17, shall have 166
the right to inspect such records when the offender becomes 167
eligible for parole. 168
(13) The youth court shall notify the Department of Public 169
Safety of the name, and any other identifying information such 170
department may require, of any child who is adjudicated delinquent 171
as a result of a violation of the Uniform Controlled Substances 172
Law. 173
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(14) The Administrative Office of Courts shall have the 174
right to inspect any youth court records in order that the number 175
of youthful offenders, abused, neglected, truant and dependent 176
children, as well as children in need of special care and children 177
in need of supervision, may be tracked with specificity through 178
the youth court and adult justice system, and to utilize tracking 179
forms for such purpose. 180
(15) Upon a request by a youth court, the Administrative 181
Office of Courts shall disclose all information at its disposal 182
concerning any previous youth court intakes alleging that a child 183
was a delinquent child, child in need of supervision, child in 184
need of special care, truant child, abused child or neglected 185
child, as well as any previous youth court adjudications for the 186
same and all dispositional information concerning a child who at 187
the time of such request comes under the jurisdiction of the youth 188
court making such request. 189
(16) The Administrative Office of Courts may, in its 190
discretion, disclose to the Department of Public Safety any or all 191
of the information involving children contained in the office's 192
youth court data management system known as Mississippi Youth 193
Court Information Delivery System or "MYCIDS." 194
(17) The youth courts of the state shall disclose to the 195
Joint Legislative Committee on Performance Evaluation and 196
Expenditure Review (PEER) any youth court records in order that 197
the number of youthful offenders, abused, neglected, truant and 198
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dependent children, as well as children in need of special care 199
and children in need of supervision, may be tracked with 200
specificity through the youth court and adult justice system, and 201
to utilize tracking forms for such purpose. The disclosure 202
prescribed in this subsection shall not require a court order and 203
shall be made in sortable, electronic format where possible. The 204
PEER Committee may seek the assistance of the Administrative 205
Office of Courts in seeking this information. The PEER Committee 206
shall not disclose the identities of any youth who have been 207
adjudicated in the youth courts of the state and shall only use 208
the disclosed information for the purpose of monitoring the 209
effectiveness and efficiency of programs established to assist 210
adjudicated youth, and to ascertain the incidence of adjudicated 211
youth who become adult offenders. 212
(18) In every case where an abuse or neglect allegation has 213
been made, the confidentiality provisions of this section shall 214
not apply to prohibit access to a child's records by any state 215
regulatory agency, any state or local prosecutorial agency or law 216
enforcement agency; however, no identifying information concerning 217
the child in question may be released to the public by such agency 218
except as otherwise provided herein. 219
(19) In every case of child abuse or neglect, if a child's 220
physical condition is medically labeled as medically "serious" or 221
"critical" or a child dies, the confidentiality provisions of this 222
section shall not apply. In such cases, the following information 223
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may be released by the Mississippi Department of Child Protection 224
Services: the cause of the circumstances regarding the fatality 225
or medically serious or critical physical condition; the age and 226
gender of the child; information describing any previous reports 227
of child abuse or neglect investigations that are pertinent to the 228
child abuse or neglect that led to the fatality or medically 229
serious or critical physical condition; the result of any such 230
investigations; and the services provided by and actions of the 231
state on behalf of the child that are pertinent to the child abuse 232
or neglect that led to the fatality or medically serious or 233
critical physical condition. 234
(20) Any member of a foster care review board designated by 235
the Department of Child Protection Services shall have the right 236
to inspect youth court records relating to the abuse, neglect or 237
child in need of supervision cases assigned to such member for 238
review. 239
(21) Information concerning an investigation into a report 240
of child abuse or child neglect may be disclosed without further 241
order of the youth court in any administrative or due process 242
hearing held, pursuant to Section 43-21-257, by the Department of 243
Child Protection Services for individuals whose names will be 244
placed on the central registry as substantiated perpetrators. 245
(22) The Department of Child Protection Services may 246
disclose records involving children to the following: 247
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(a) A foster home, residential child-caring agency or 248
child-placing agency to the extent necessary to provide such care 249
and services to a child; 250
(b) An individual, agency or organization that provides 251
services to a child or the child's family in furtherance of the 252
child's permanency plan to the extent necessary in providing those 253
services; 254
(c) Health and mental health care providers of a child 255
to the extent necessary for the provider to properly treat and 256
care for the child; 257
(d) An educational institution or educational services 258
provider where the child is enrolled or where enrollment is 259
anticipated to the extent necessary for the school to provide 260
appropriate services to the child; 261
(e) Any state agency or board that administers student 262
financial assistance programs. However, any records request under 263
this paragraph shall be initiated by the agency or board for the 264
purpose determining the child's eligibility for student financial 265
assistance, and any disclosure shall be limited to the 266
verification of the child's age during the period of time in which 267
the child was in the department's legal custody; and 268
(f) Any other state agency if the disclosure is 269
necessary to the department in fulfilling its statutory 270
responsibilities in protecting the best interests of the child. 271
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(23) Nothing in this section or chapter shall require youth 272
court approval for disclosure of records involving children as 273
defined in Section 43-21-105(u), if the disclosure is made in a 274
criminal matter by a municipal or county prosecutor, a district 275
attorney or statewide prosecutor, pursuant to the Mississippi 276
Rules of Criminal Procedure and the records are disclosed under a 277
protective order issued by the Circuit Court presiding over the 278
criminal matter which incorporates the penalties stated in Section 279
43-21-267. 280
(24) The provisions of this section shall stand repealed on 281
July 1, * * * 2029. 282
SECTION 2. Section 43-21-351, Mississippi Code of 1972, is 283
amended as follows: 284
43-21-351. (1) Any person or agency having knowledge that a 285
child residing or being within the county is within the 286
jurisdiction of the youth court may make a written report to the 287
intake unit alleging facts sufficient to establish the 288
jurisdiction of the youth court. The report shall bear a 289
permanent number that will be assigned by the court in accordance 290
with the standards established by the Administrative Office of 291
Courts pursuant to Section 9-21-9(d), and shall be preserved until 292
destroyed on order of the court. 293
(2) There shall be in each youth court of the state an 294
intake officer who shall be responsible for the accurate and 295
timely entering of all intake and case information into the 296
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Mississippi Youth Court Information Delivery System (MYCIDS) for 297
the Department of Human Services - Division of Youth Services, 298
truancy matters, and the Department of Child Protection Services. 299
It shall be the responsibility of the youth court judge or referee 300
of each county to ensure that the intake officer is carrying out 301
the responsibility of this section. 302
(3) Each intake officer shall receive, at a minimum, six (6) 303
hours of annual training on MYCIDS provided by the Mississippi 304
Judicial College. The required training under this subsection 305
shall be in addition to technical training provided by the 306
Mississippi Supreme Court MYCIDS Information Technology 307
Department. 308
(4) The Mississippi Judicial College, in conjunction with 309
the Administrative Office of Courts, shall develop training 310
materials on MYCIDS: 311
(a) To ensure the accurate and timely entrance of all 312
intake and case information throughout the state by intake 313
officers; and 314
(b) To ensure that youth court judges are equipped to 315
oversee the functions of each intake officer. 316
(5) The provisions of this section shall stand repealed on 317
July 1, * * * 2029. 318
SECTION 3. Section 43-21-801, Mississippi Code of 1972, is 319
amended as follows: 320
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43-21-801. (1) There is established the Youth Court Support 321
Program. The purpose of the program shall be to ensure that all 322
youth courts have sufficient support funds to carry on the 323
business of the youth court. The Administrative Office of Courts 324
shall establish a formula consistent with this section for 325
providing state support payable from the Youth Court Support Fund 326
for the support of the youth courts. 327
(a) (i) Each regular youth court referee is eligible 328
for youth court support funds so long as the senior chancellor 329
does not elect to employ a youth court administrator as set forth 330
in paragraph (b); a municipal youth court judge is also eligible. 331
The Administrative Office of Courts shall direct any funds to the 332
appropriate county or municipality. The funds shall be utilized 333
to compensate an intake officer who shall be responsible for 334
ensuring that all intake and case information for the Department 335
of Human Services - Division of Youth Services, truancy matters, 336
and the Department of Child Protection Services is entered into 337
the Mississippi Youth Court Information Delivery System (MYCIDS) 338
in an accurate and timely manner. If the court already has an 339
intake officer responsible for entering all cases of the 340
Department of Human Services - Division of Youth Services, truancy 341
matters, and the Department of Child Protection Services into 342
MYCIDS, the regular youth court referee or municipal court judge 343
may certify to the Administrative Office of Courts that such a 344
person is already on staff. In such a case, each regular youth 345
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court referee or municipal youth court judge shall have the sole 346
individual discretion to appropriate those funds as expense monies 347
to assist in hiring secretarial staff and acquiring materials and 348
equipment incidental to carrying on the business of the court 349
within the private practice of law of the referee or judge, or may 350
direct the use of those funds through the county or municipal 351
budget for court support supplies or services. The regular youth 352
court referee and municipal youth court judge shall be accountable 353
for assuring through private, county or municipal employees the 354
proper preparation and filing of all necessary tracking and other 355
documentation attendant to the administration of the youth court. 356
(ii) Title to all tangible property, excepting 357
stamps, stationery and minor expendable office supplies, procured 358
with funds authorized by this section, shall be and forever remain 359
in the county or municipality to be used by the judge or referee 360
during the term of his office and thereafter by his successors. 361
(b) (i) When permitted by the Administrative Office of 362
Courts and as funds are available, the senior chancellor for 363
Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, 364
Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court 365
administrator for the district whose responsibility will be to 366
perform all reporting, tracking and other duties of a court 367
administrator for all youth courts in the district that are under 368
the chancery court system. Any chancery district listed in this 369
paragraph in which a chancellor appoints a referee or special 370
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master to hear any youth court matter is ineligible for funding 371
under this paragraph (b). The Administrative Office of Courts may 372
allocate to an eligible chancery district a sum not to exceed 373
Thirty Thousand Dollars ($30,000.00) per year for the salary, 374
fringe benefits and equipment of the youth court administrator, 375
and an additional sum not to exceed One Thousand Nine Hundred 376
Dollars ($1,900.00) for the administrator's travel expenses. 377
(ii) The appointment of a youth court 378
administrator shall be evidenced by the entry of an order on the 379
minutes of the court. The person appointed shall serve at the 380
will and pleasure of the senior chancellor but shall be an 381
employee of the Administrative Office of Courts. 382
(iii) The Administrative Office of Courts must 383
approve the position, job description and salary before the 384
position can be filled. The Administrative Office of Courts shall 385
not approve any plan that does not first require the expenditure 386
of the funds from the Youth Court Support Fund before expenditure 387
of county funds is authorized for that purpose. 388
(iv) Title to any tangible property procured with 389
funds authorized under this paragraph shall be and forever remain 390
in the State of Mississippi. 391
(c) (i) Each county court is eligible for youth court 392
support funds. The funds shall be utilized to provide 393
compensation to an intake officer who shall be responsible for 394
ensuring that all intake and case information for the Department 395
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of Human Services - Division of Youth Services, truancy matters, 396
and the Department of Child Protection Services is entered into 397
the Mississippi Youth Court Information Delivery System (MYCIDS) 398
in an accurate and timely manner. If the county court already has 399
an intake officer or other staff person responsible for entering 400
all cases of the Department of Human Services - Division of Youth 401
Services, truancy matters and the Department of Child Protection 402
Services into MYCIDS, the senior county court judge may certify 403
that such a person is already on staff. In such a case, the 404
senior county court judge shall have discretion to direct the 405
expenditure of those funds in hiring other support staff to carry 406
on the business of the court. 407
(ii) For the purposes of this paragraph, "support 408
staff" means court administrators, law clerks, legal research 409
assistants, secretaries, resource administrators or case managers 410
appointed by a youth court judge, or any combination thereof, but 411
shall not mean school attendance officers. 412
(iii) The appointment of support staff shall be 413
evidenced by the entry of an order on the minutes of the court. 414
The support staff so appointed shall serve at the will and 415
pleasure of the senior county court judge but shall be an employee 416
of the county. 417
(iv) The Administrative Office of Courts must 418
approve the positions, job descriptions and salaries before the 419
positions may be filled. The Administrative Office of Courts 420
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shall not approve any plan that does not first require the 421
expenditure of funds from the Youth Court Support Fund before 422
expenditure of county funds is authorized for that purpose. 423
(v) The Administrative Office of Courts may 424
approve expenditure from the fund for additional equipment for 425
support staff appointed pursuant to this paragraph if the 426
additional expenditure falls within the formula. Title to any 427
tangible property procured with funds authorized under this 428
paragraph shall be and forever remain in the county to be used by 429
the youth court and support staff. 430
(2) (a) (i) The formula developed by the Administrative 431
Office of Courts for providing youth court support funds shall be 432
devised so as to distribute appropriated funds proportional to 433
caseload and other appropriate factors as set forth in regulations 434
promulgated by the Administrative Office of Courts. The formula 435
will determine a reasonable maximum amount per judge or referee 436
per annum that will not be exceeded in allocating funds under this 437
section. 438
(ii) The formula shall be reviewed by the 439
Administrative Office of Courts every two (2) years to ensure that 440
the youth court support funds provided herein are proportional to 441
each youth court's caseload and other specified factors. 442
(iii) The Administrative Office of Courts shall 443
have wide latitude in the first two-year cycle to implement a 444
formula designed to maximize caseload data collection. 445
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(b) Application to receive funds under this section 446
shall be submitted in accordance with procedures established by 447
the Administrative Office of Courts. 448
(c) Approval of the use of any of the youth court 449
support funds distributed under this section shall be made by the 450
Administrative Office of Courts in accordance with procedures 451
established by the Administrative Office of Courts. 452
(3) (a) There is created in the State Treasury a special 453
fund to be designated as the "Youth Court Support Fund," which 454
shall consist of funds appropriated or otherwise made available by 455
the Legislature in any manner and funds from any other source 456
designated for deposit into such fund. Unexpended amounts 457
remaining in the fund at the end of a fiscal year shall not lapse 458
into the State General Fund, and any investment earnings or 459
interest earned on amounts in the fund shall be deposited to the 460
credit of the fund. Monies in the fund shall be distributed to 461
the youth courts by the Administrative Office of Courts for the 462
purposes described in this section. 463
(b) (i) During the regular legislative session held in 464
calendar year 2007, the Legislature may appropriate an amount not 465
to exceed Two Million Five Hundred Thousand Dollars 466
($2,500,000.00) to the Youth Court Support Fund. 467
(ii) During each regular legislative session 468
subsequent to the 2007 Regular Session, the Legislature shall 469
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appropriate Two Million Five Hundred Thousand Dollars 470
($2,500,000.00) to the Youth Court Support Fund. 471
(c) No youth court judge or youth court referee shall 472
be eligible to receive funding from the Youth Court Support Fund 473
who has not received annual continuing education in the field of 474
juvenile justice in an amount to conform with the requirements of 475
the Rules and Regulations for Mandatory Continuing Judicial 476
Education promulgated by the Supreme Court or received at least 477
one (1) hour of annual continuing education concerning oversight 478
of youth court intake officers and MYCIDS. The Administrative 479
Office of Courts shall maintain records of all referees and youth 480
court judges regarding such training and shall not disburse funds 481
to any county or municipality for the budget of a youth court 482
judge or referee who is not in compliance with the judicial 483
training requirements. 484
(4) Any recipient of funds from the Youth Court Support Fund 485
shall not be eligible for continuing disbursement of funds if the 486
recipient is not in compliance with the terms, conditions and 487
reporting requirements set forth in the procedures promulgated by 488
the Administrative Office of Courts. 489
(5) The provisions of this section shall stand repealed on 490
July 1, * * * 2029. 491
SECTION 4. Section 45-33-61, Mississippi Code of 1972, is 492
amended as follows: 493
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45-33-61. (1) A person convicted of a sex offense shall not 494
access the Administrative Office of Courts' youth court data 495
management system known as the Mississippi Youth Court Information 496
Delivery System or "MYCIDS." 497
(2) This section applies to all registered sex offenders 498
without regard to the date of conviction for a registrable 499
offense. 500
(3) The provisions of this section shall stand repealed on 501
July 1, * * * 2029. 502
SECTION 5. Section 93-31-3, Mississippi Code of 1972, is 503
amended as follows: 504
93-31-3. (1) (a) A parent or legal custodian of a child, 505
by means of a properly executed power of attorney as provided in 506
Section 93-31-5, may delegate to another willing person or persons 507
as attorney-in-fact any of the powers regarding the care and 508
custody of the child other than the following: 509
(i) The power to consent to marriage or adoption 510
of the child; 511
(ii) The performance or inducement of an abortion 512
on or for the child; or 513
(iii) The termination of parental rights to the 514
child. 515
(b) A delegation of powers under this section does not: 516
(i) Change or modify any parental or legal rights, 517
obligations, or authority established by an existing court order; 518
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(ii) Deprive any custodial or noncustodial parent 519
or legal guardian of any parental or legal rights, obligations, or 520
authority regarding the custody, visitation, or support of the 521
child; or 522
(iii) Affect a court's ability to determine the 523
best interests of a child. 524
(c) If both parents are living and neither parent's 525
parental rights have been terminated, both parents must execute 526
the power of attorney. If a noncustodial parent is absent or 527
unknown, the custodial parent must complete the affidavit 528
contemplated under Section 93-31-5 and attach it to the power of 529
attorney. 530
(d) A power of attorney under this chapter must be 531
facilitated by either a child welfare agency that is licensed to 532
place children for adoption and that is operating under the Safe 533
Families for Children model or another charitable organization 534
that is operating under the Safe Families for Children model. A 535
full criminal history and child abuse and neglect background check 536
must be conducted on any person who is not a grandparent, aunt, 537
uncle, or sibling of the child if the person is: 538
(i) Designated or proposed to be designated as the 539
attorney-in-fact; or 540
(ii) Is a person over the age of fifteen (15) who 541
resides in the home of the designated attorney-in-fact. 542
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(2) A power of attorney executed under this chapter shall 543
not be used for the sole purposes of enrolling a child in a school 544
to participate in the academic or interscholastic athletic 545
programs provided by that school or for any other unlawful 546
purposes, except as may be permitted by the federal Every Student 547
Succeeds Act (Public Law 114-95). 548
(3) The parent or legal custodian of the child has the 549
authority to revoke or withdraw the power of attorney authorized 550
by this section at any time. Upon the termination, expiration, or 551
revocation of the power of attorney, the child must be returned to 552
the custody of the parent or legal custodian. 553
(4) Until the authority expires or is revoked or withdrawn 554
by the parent or legal custodian, the attorney-in-fact shall 555
exercise parental or legal authority on a continuous basis without 556
compensation for the duration of the power of attorney. 557
(5) The execution of a power of attorney by a parent or 558
legal custodian does not, in the absence of other evidence, 559
constitute abandonment, desertion, abuse, neglect, or any evidence 560
of unfitness as a parent unless the parent or legal custodian 561
fails to take custody of the child or execute a new power of 562
attorney after the one-year time limit, or after a longer time 563
period as allowed for a serving parent, has elapsed. Nothing in 564
this subsection prevents the Department of Child Protection 565
Services or law enforcement from investigating allegations of 566
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abuse, abandonment, desertion, neglect or other mistreatment of a 567
child. 568
(6) When the custody of a child is transferred by a power of 569
attorney under this chapter, the child is not considered to have 570
been placed in foster care and the attorney-in-fact will not be 571
subject to any of the requirements or licensing regulations for 572
foster care or other regulations relating to out-of-home care for 573
children and will not be subject to any statutes or regulations 574
dealing with the licensing or regulation of foster care homes. 575
(7) (a) "Serving parent" means a parent who is a member of 576
the Armed Forces of the United States, including any reserve 577
component thereof, or the National Oceanic and Atmospheric 578
Administration Commissioned Officer Corps or the Public Health 579
Service of the United States Department of Health and Human 580
Services detailed by proper authority for duty with the Armed 581
Forces of the United States, or who is required to enter or serve 582
in the active military service of the United States under a call 583
or order of the President of the United States or to serve on 584
state active duty. 585
(b) A serving parent may delegate the powers designated 586
in subsection (1) of this section for longer than one (1) year if 587
on active-duty service or if scheduled to be on active-duty 588
service. The term of delegation, however, may not exceed the term 589
of active-duty service plus thirty (30) days. 590
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ST: Youth court; extend repealers on statutes
relating to MS Youth Court Information Delivery
System (MYCIDS) and records.
(8) (a) A power of attorney under this chapter must be 591
filed in the youth court of the county where the minor child or 592
children reside at the time the form is completed, and the clerk 593
of the youth court will not impose or collect a filing fee. The 594
filing is informational only, and no judicial intervention shall 595
result at the time of filing. 596
(b) The power of attorney must be entered into the 597
Mississippi Youth Court Information Delivery System (MYCIDS) under 598
Section 43-21-351, and must be administratively reviewed by the 599
youth court judge or referee, or a person designated by the youth 600
court judge or referee, to ensure the safety of the child or 601
children who are the subjects of the power of attorney one (1) 602
year after the date of execution. 603
(9) The provisions of this section shall stand repealed on 604
July 1, * * * 2029. 605
SECTION 6. This act shall take effect and be in force from 606
and after July 1, 2026. 607