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SB2686 • 2026

Termination of parental rights; require appointment of guardian ad litem in all cases of with limited exception.

AN ACT TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPOINTMENT OF A GUARDIAN AD LITEM FOR THE CHILD IN ALL TERMINATION OF PARENTAL RIGHTS PROCEEDINGS UNLESS THE COURT FINDS, ON THE RECORD, THAT THE APPOINTMENT OF A GUARDIAN AD LITEM IS UNNECESSARY TO PROTECT THE BEST INTERESTS OF THE CHILD DUE TO THE NATURE OF THE PROCEEDINGS, THE ISSUES PRESENTED, AND THE ABSENCE OF CONTESTED FACTUAL MATTERS AFFECTING THE CHILD'S WELFARE; AND FOR RELATED PURPOSES.

Children Parental Rights
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Hickman
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass, so its exact impact on current practices remains uncertain.

Require Guardian Ad Litem for Child Welfare

This bill requires the appointment of a guardian ad litem to represent the child's interests in termination of parental rights cases unless the court finds it unnecessary based on specific criteria.

What This Bill Does

  • Requires courts to appoint a guardian ad litem for children involved in termination of parental rights proceedings.
  • Allows the court to waive the requirement for a guardian ad litem if certain conditions are met, such as uncontested factual matters and no issues affecting the child's welfare.

Who It Names or Affects

  • Children involved in termination of parental rights cases
  • Courts handling these types of cases

Terms To Know

Guardian ad litem
A person appointed by the court to represent and protect a child's best interests during legal proceedings.
Termination of parental rights
The process where a parent’s legal rights over their child are ended, usually due to severe neglect or abuse.

Limits and Unknowns

  • This bill did not pass during the session and therefore has no current effect.
  • It specifies that the requirement for a guardian ad litem can be waived under certain conditions but does not detail how often this might occur in practice.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division A

Official Summary Text

Termination of parental rights; require appointment of guardian ad litem in all cases of with limited exception.

Current Bill Text

Read the full stored bill text 
S. B. No. 2686 *SS36/R1124* ~ OFFICIAL ~ G1/2
26/SS36/R1124
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2686

AN ACT TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE APPOINTMENT OF A GUARDIAN AD LITEM FOR THE CHILD IN 2
ALL TERMINATION OF PARENTAL RIGHTS PROCEEDINGS UNLESS THE COURT 3
FINDS, ON THE RECORD, THAT THE APPOINTMENT OF A GUARDIAN AD LITEM 4
IS UNNECESSARY TO PROTECT THE BEST INTERESTS OF THE CHILD DUE TO 5
THE NATURE OF THE PROCEEDINGS, THE ISSUES PRESENTED, AND THE 6
ABSENCE OF CONTESTED FACTUAL MATTERS AFFECTING THE CHILD'S 7
WELFARE; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 93-15-107, Mississippi Code of 1972, is 10
amended as follows: 11
93-15-107. (1) (a) Involuntary termination of parental 12
rights proceedings are commenced upon the filing of a petition 13
under this chapter. The petition may be filed by any interested 14
person, or any agency, institution or person holding custody of 15
the child. The simultaneous filing of a petition for adoption is 16
not a prerequisite for filing a petition under this chapter. 17
(b) The proceeding shall be triable, either in term 18
time or vacation, thirty (30) days after personal service of 19
process to any necessary party or, for a necessary party whose 20
address is unknown after diligent search, thirty (30) days after 21
S. B. No. 2686 *SS36/R1124* ~ OFFICIAL ~
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the date of the first publication of service of process by 22
publication that complies with the Mississippi Rules of Civil 23
Procedure. 24
(c) Necessary parties to a termination of parental 25
rights action shall include the mother of the child, the legal 26
father of the child, the putative father of the child when known, 27
and any agency, institution or person holding custody of the 28
child. If the child is twelve (12) years or older at the time of 29
the hearing, a summons must be issued and served upon the minor 30
child, together with a copy of the petition, not less than seven 31
(7) days before the hearing. The minor child shall be represented 32
by counsel throughout the proceedings. The court shall appoint an 33
attorney for any minor child who is unrepresented, so the court 34
has the benefit of knowing the child's stated interest. If the 35
child is fourteen (14) years or older at the time of the hearing, 36
the child's preferences, if any, regarding the termination of 37
parental rights shall be considered by the court. The absence of 38
a necessary party who has been properly served does not preclude 39
the court from conducting the hearing or rendering a final 40
judgment. 41
(d) A guardian ad litem shall be appointed to protect 42
the best interest of the child, except that the court * * * may 43
waive this requirement * * * where the court, on the record, that 44
the appointment of a guardian ad litem is unnecessary to protect 45
the best interests of the child due to the nature of the 46
S. B. No. 2686 *SS36/R1124* ~ OFFICIAL ~
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proceedings, the issues presented, and the absence of contested 47
factual matters affecting the child's welfare. The guardian ad 48
litem fees shall be determined and assessed in the discretion of 49
the court. 50
(e) The style of the case shall not include the child's 51
name when the child is not the party plaintiff or petitioner. 52
(2) Voluntary termination of parental rights by written 53
voluntary release is governed by Section 93-15-111. 54
(3) In all cases involving termination of parental rights, a 55
minor parent shall be served with process as an adult. 56
(4) The court may waive service of process if an adoptive 57
child was born in a foreign country, put up for adoption in the 58
birth country, and has been legally admitted into this country. 59
(5) The clerk shall docket cases seeking relief under this 60
chapter as priority cases. The assigned judge shall be 61
immediately notified when a case is filed in order to provide for 62
expedited proceedings. 63
(6) (a) Once the petition for termination of parental 64
rights is filed with the court of competent jurisdiction, the 65
court shall hold a hearing on the petition within ninety (90) 66
calendar days of the date the petition is filed, absent 67
extraordinary circumstances. 68
(b) For purposes of this subsection, the 69
ninety-calendar-day time period will commence when perfected 70
service is made on the parents. 71
S. B. No. 2686 *SS36/R1124* ~ OFFICIAL ~
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ST: Termination of parental rights; require
appointment of guardian ad litem in all cases of
with limited exception.
(c) For purposes of this subsection, extraordinary 72
circumstances include: 73
(i) The Mississippi Supreme Court orders the 74
suspension of in-person court proceedings; or 75
(ii) One (1) of the following has occurred: 76
1. The President of the United States has 77
declared a national emergency; or 78
2. The Governor has declared a state of 79
emergency or a statewide public health emergency; or 80
(iii) If the best interest of the child is served 81
and the chancellor makes specific findings of such. 82
SECTION 2. This act shall take effect and be in force from 83
and after July 1, 2026. 84