Youth court data; bring forward code sections related to.

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To: Judiciary, Division A;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Wiggins

SENATE BILL NO. 2717

AN ACT TO BRING FORWARD SECTIONS 9-21-9, 43-21-261, 1
43-21-351, 43-21-801, 45-33-61 AND 93-31-3, MISSISSIPPI CODE OF 2
1972, WHICH RELATE TO YOUTH COURT DATA, CAUSES AND DOCKETS, FOR 3
POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 9-21-9, Mississippi Code of 1972, is 6
brought forward as follows: 7
9-21-9. (1) The Administrative Director of Courts shall 8
have the following duties and authority with respect to all courts 9
in addition to any other duties and responsibilities as may be 10
properly assigned by the Supreme Court and/or by law: 11
(a) To require the filing of reports, the collection 12
and compilation of statistical data and other information on the 13
judicial and financial operation of the courts and on the 14
operation of other offices directly related to and serving the 15
courts; 16
(b) To determine the state of the dockets and evaluate 17
the practices and procedures of the courts and make 18
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recommendations concerning the number of judges and other 19
personnel required for the efficient administration of justice; 20
(c) To prescribe uniform administrative and business 21
methods, systems, forms and records to be used in the offices of 22
the clerks of courts; 23
(d) To devise, promulgate and require the use of a 24
uniform youth court case tracking system, including a youth court 25
case filing form for filing with each individual youth court 26
matter, to be utilized by the Administrative Office of Courts and 27
the youth courts in order that the number of youthful offenders, 28
abused, neglected, truant and dependent children, as well as 29
children in need of special care and children in need of 30
supervision, may be tracked with specificity through the youth 31
court and adult justice systems; in support of the uniform case 32
docketing system, the director shall require that all youth courts 33
utilize the Mississippi Youth Court Information Delivery System 34
(MYCIDS); 35
(e) To develop, promulgate and require the use of a 36
statewide docket numbering system to be utilized by the youth 37
courts, which youth court docket numbers shall standardize and 38
unify the numbering system by which youth court docket numbers are 39
assigned, such that each docket number would, among other things, 40
identify the county and year in which a particular youth court 41
action was commenced; 42
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(f) To develop, promulgate and require the use of 43
uniform youth court orders and forms in all youth courts and youth 44
court proceedings; 45
(g) To prepare and submit budget recommendations for 46
state appropriations necessary for the maintenance and operation 47
of the judicial system and to authorize expenditures from funds 48
appropriated for these purposes as permitted or authorized by law; 49
(h) To develop and implement personnel policies for 50
nonjudicial personnel employed by the courts; 51
(i) To investigate, make recommendations concerning and 52
assist in the securing of adequate physical accommodations for the 53
judicial system; 54
(j) To procure, distribute, exchange, transfer and 55
assign such equipment, books, forms and supplies as are acquired 56
with state funds or grant funds or otherwise for the judicial 57
system; 58
(k) To make recommendations for the improvement of the 59
operations of the judicial system; 60
(l) To prepare and submit an annual report on the work 61
of the judicial system to the Supreme Court; 62
(m) To take necessary steps in the collection of unpaid 63
court costs, fines and forfeitures; 64
(n) To perform such additional administrative duties 65
relating to the improvement of the administration of justice as 66
may be assigned by the Supreme Court; * * * 67
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(o) To promulgate standards, rules and regulations for 68
computer and/or electronic filing and storage of all court records 69
and court-related records maintained throughout the state in 70
courts and in offices of circuit and chancery clerks * * *; and 71
(p) To utilize the provisions of law that regulate 72
public purchasing in Sections 31-7-1 et seq., to contract with a 73
provider to effectuate the requirements of paragraph (d) for the 74
Mississippi Youth Court Information Delivery System (MYCIDS). 75
(2) (a) The Administrative Director of Courts shall conduct 76
an audit of the Mississippi Youth Court Information Delivery 77
System (MYCIDS), by August 1, 2024, to review: the services 78
provided by the system, any contractors or employees used to 79
administer the system, the process used to design or administer 80
the system, guidelines used to create the system and the primary 81
functions of the system and whether the system can be accessed by 82
users of the Mississippi Electronic Court System or merged with 83
the Mississippi Electronic Court System. 84
(b) The Administrative Director of Courts shall provide 85
a report to the Judiciary A Committees of the Mississippi House of 86
Representatives and the Senate by September 1, 2024, that 87
includes: 88
(i) A copy of the audit; 89
(ii) Recommendations that resolve any deficiencies 90
in the system or improve the system; 91
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(iii) Recommendations that outline the creation of 92
a new system which is to be in operation by July 1, 2026 * * *; 93
and 94
(iv) A list of the companies or agencies that have 95
submitted bids to resolve deficiencies, make improvements or 96
create a new system. 97
SECTION 2. Section 43-21-261, Mississippi Code of 1972, is 98
brought forward as follows: 99
43-21-261. (1) Except as otherwise provided in this 100
section, records involving children shall not be disclosed, other 101
than to necessary staff or officials of the youth court, a 102
guardian ad litem appointed to a child by the court, or a 103
Court-Appointed Special Advocate (CASA) volunteer who may be 104
assigned in a dependency, abuse or neglect case, except pursuant 105
to an order of the youth court specifying the person or persons to 106
whom the records may be disclosed, the extent of the records which 107
may be disclosed and the purpose of the disclosure. Such court 108
orders for disclosure shall be limited to those instances in which 109
the youth court concludes, in its discretion, that disclosure is 110
required for the best interests of the child, the public safety, 111
the functioning of the youth court, or to identify a person who 112
knowingly made a false allegation of child abuse or neglect, and 113
then only to the following persons: 114
(a) The judge of another youth court or member of 115
another youth court staff; 116
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(b) The court of the parties in a child custody or 117
adoption cause in another court; 118
(c) A judge of any other court or members of another 119
court staff, including the chancery court that ordered a forensic 120
interview; 121
(d) Representatives of a public or private agency 122
providing supervision or having custody of the child under order 123
of the youth court; 124
(e) Any person engaged in a bona fide research purpose, 125
provided that no information identifying the subject of the 126
records shall be made available to the researcher unless it is 127
absolutely essential to the research purpose and the judge gives 128
prior written approval, and the child, through his or her 129
representative, gives permission to release the information; 130
(f) The Mississippi Department of Employment Security, 131
or its duly authorized representatives, for the purpose of a 132
child's enrollment into the Job Corps Training Program as 133
authorized by Title IV of the Comprehensive Employment Training 134
Act of 1973 (29 USCS Section 923 et seq.). However, no records, 135
reports, investigations or information derived therefrom 136
pertaining to child abuse or neglect shall be disclosed; 137
(g) Any person pursuant to a finding by a judge of the 138
youth court of compelling circumstances affecting the health, 139
safety or well-being of a child and that such disclosure is in the 140
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best interests of the child or an adult who was formerly the 141
subject of a youth court delinquency proceeding; 142
(h) A person who was the subject of a knowingly made 143
false allegation of child abuse or neglect which has resulted in a 144
conviction of a perpetrator in accordance with Section 97-35-47 or 145
which allegation was referred by the Department of Child 146
Protection Services to a prosecutor or law enforcement official in 147
accordance with the provisions of Section 43-21-353(4). 148
Law enforcement agencies may disclose information to the 149
public concerning the taking of a child into custody for the 150
commission of a delinquent act without the necessity of an order 151
from the youth court. The information released shall not identify 152
the child or his address unless the information involves a child 153
convicted as an adult. 154
(2) Any records involving children which are disclosed under 155
an order of the youth court or pursuant to the terms of this 156
section and the contents thereof shall be kept confidential by the 157
person or agency to whom the record is disclosed unless otherwise 158
provided in the order. Any further disclosure of any records 159
involving children shall be made only under an order of the youth 160
court as provided in this section. 161
(3) Upon request, the parent, guardian or custodian of the 162
child who is the subject of a youth court cause or any attorney 163
for such parent, guardian or custodian, shall have the right to 164
inspect any record, report or investigation relevant to a matter 165
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to be heard by a youth court, except that the identity of the 166
reporter shall not be released, nor the name of any other person 167
where the person or agency making the information available finds 168
that disclosure of the information would be likely to endanger the 169
life or safety of such person. The attorney for the parent, 170
guardian or custodian of the child, upon request, shall be 171
provided a copy of any record, report or investigation relevant to 172
a matter to be heard by a youth court, but the identity of the 173
reporter must be redacted and the name of any other person must 174
also be redacted if the person or agency making the information 175
available finds that disclosure of the information would be likely 176
to endanger the life, safety or well-being of the person. A 177
record provided to the attorney under this section must remain in 178
the attorney's control and the attorney may not provide copies or 179
access to another person or entity without prior consent of a 180
court with appropriate jurisdiction. 181
(4) Upon request, the child who is the subject of a youth 182
court cause shall have the right to have his counsel inspect and 183
copy any record, report or investigation which is filed with the 184
youth court or which is to be considered by the youth court at a 185
hearing. 186
(5) (a) The youth court prosecutor or prosecutors, the 187
county attorney, the district attorney, the youth court defender 188
or defenders, or any attorney representing a child shall have the 189
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right to inspect and copy any law enforcement record involving 190
children. 191
(b) The Department of Child Protection Services shall 192
disclose to a county prosecuting attorney or district attorney any 193
and all records resulting from an investigation into suspected 194
child abuse or neglect when the case has been referred by the 195
Department of Child Protection Services to the county prosecuting 196
attorney or district attorney for criminal prosecution. 197
(c) Agency records made confidential under the 198
provisions of this section may be disclosed to a court of 199
competent jurisdiction. 200
(d) Records involving children shall be disclosed to 201
the Division of Victim Compensation of the Office of the Attorney 202
General upon the division's request without order of the youth 203
court for purposes of determination of eligibility for victim 204
compensation benefits. 205
(6) Information concerning an investigation into a report of 206
child abuse or child neglect may be disclosed by the Department of 207
Child Protection Services without order of the youth court to any 208
attorney, physician, dentist, intern, resident, nurse, 209
psychologist, social worker, family protection worker, family 210
protection specialist, child caregiver, minister, law enforcement 211
officer, or a public or private school employee making that report 212
pursuant to Section 43-21-353(1) if the reporter has a continuing 213
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professional relationship with the child and a need for such 214
information in order to protect or treat the child. 215
(7) Information concerning an investigation into a report of 216
child abuse or child neglect may be disclosed without further 217
order of the youth court to any interagency child abuse task force 218
established in any county or municipality by order of the youth 219
court of that county or municipality. 220
(8) Names and addresses of juveniles twice adjudicated as 221
delinquent for an act which would be a felony if committed by an 222
adult or for the unlawful possession of a firearm shall not be 223
held confidential and shall be made available to the public. 224
(9) Names and addresses of juveniles adjudicated as 225
delinquent for murder, manslaughter, burglary, arson, armed 226
robbery, aggravated assault, any sex offense as defined in Section 227
45-33-23, for any violation of Section 41-29-139(a)(1) or for any 228
violation of Section 63-11-30, shall not be held confidential and 229
shall be made available to the public. 230
(10) The judges of the circuit and county courts, and 231
presentence investigators for the circuit courts, as provided in 232
Section 47-7-9, shall have the right to inspect any youth court 233
records of a person convicted of a crime for sentencing purposes 234
only. 235
(11) The victim of an offense committed by a child who is 236
the subject of a youth court cause shall have the right to be 237
informed of the child's disposition by the youth court. 238
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(12) A classification hearing officer of the State 239
Department of Corrections, as provided in Section 47-5-103, shall 240
have the right to inspect any youth court records, excluding abuse 241
and neglect records, of any offender in the custody of the 242
department who as a child or minor was a juvenile offender or was 243
the subject of a youth court cause of action, and the State Parole 244
Board, as provided in Section 47-7-17, shall have the right to 245
inspect such records when the offender becomes eligible for 246
parole. 247
(13) The youth court shall notify the Department of Public 248
Safety of the name, and any other identifying information such 249
department may require, of any child who is adjudicated delinquent 250
as a result of a violation of the Uniform Controlled Substances 251
Law. 252
(14) The Administrative Office of Courts shall have the 253
right to inspect any youth court records in order that the number 254
of youthful offenders, abused, neglected, truant and dependent 255
children, as well as children in need of special care and children 256
in need of supervision, may be tracked with specificity through 257
the youth court and adult justice system, and to utilize tracking 258
forms for such purpose. 259
(15) Upon a request by a youth court, the Administrative 260
Office of Courts shall disclose all information at its disposal 261
concerning any previous youth court intakes alleging that a child 262
was a delinquent child, child in need of supervision, child in 263
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need of special care, truant child, abused child or neglected 264
child, as well as any previous youth court adjudications for the 265
same and all dispositional information concerning a child who at 266
the time of such request comes under the jurisdiction of the youth 267
court making such request. 268
(16) The Administrative Office of Courts may, in its 269
discretion, disclose to the Department of Public Safety any or all 270
of the information involving children contained in the office's 271
youth court data management system known as Mississippi Youth 272
Court Information Delivery System or "MYCIDS." 273
(17) The youth courts of the state shall disclose to the 274
Joint Legislative Committee on Performance Evaluation and 275
Expenditure Review (PEER) any youth court records in order that 276
the number of youthful offenders, abused, neglected, truant and 277
dependent children, as well as children in need of special care 278
and children in need of supervision, may be tracked with 279
specificity through the youth court and adult justice system, and 280
to utilize tracking forms for such purpose. The disclosure 281
prescribed in this subsection shall not require a court order and 282
shall be made in sortable, electronic format where possible. The 283
PEER Committee may seek the assistance of the Administrative 284
Office of Courts in seeking this information. The PEER Committee 285
shall not disclose the identities of any youth who have been 286
adjudicated in the youth courts of the state and shall only use 287
the disclosed information for the purpose of monitoring the 288
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effectiveness and efficiency of programs established to assist 289
adjudicated youth, and to ascertain the incidence of adjudicated 290
youth who become adult offenders. 291
(18) In every case where an abuse or neglect allegation has 292
been made, the confidentiality provisions of this section shall 293
not apply to prohibit access to a child's records by any state 294
regulatory agency, any state or local prosecutorial agency or law 295
enforcement agency; however, no identifying information concerning 296
the child in question may be released to the public by such agency 297
except as otherwise provided herein. 298
(19) In every case of child abuse or neglect, if a child's 299
physical condition is medically labeled as medically "serious" or 300
"critical" or a child dies, the confidentiality provisions of this 301
section shall not apply. In such cases, the following information 302
may be released by the Mississippi Department of Child Protection 303
Services: the cause of the circumstances regarding the fatality 304
or medically serious or critical physical condition; the age and 305
gender of the child; information describing any previous reports 306
of child abuse or neglect investigations that are pertinent to the 307
child abuse or neglect that led to the fatality or medically 308
serious or critical physical condition; the result of any such 309
investigations; and the services provided by and actions of the 310
state on behalf of the child that are pertinent to the child abuse 311
or neglect that led to the fatality or medically serious or 312
critical physical condition. 313
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(20) Any member of a foster care review board designated by 314
the Department of Child Protection Services shall have the right 315
to inspect youth court records relating to the abuse, neglect or 316
child in need of supervision cases assigned to such member for 317
review. 318
(21) Information concerning an investigation into a report 319
of child abuse or child neglect may be disclosed without further 320
order of the youth court in any administrative or due process 321
hearing held, pursuant to Section 43-21-257, by the Department of 322
Child Protection Services for individuals whose names will be 323
placed on the central registry as substantiated perpetrators. 324
(22) The Department of Child Protection Services may 325
disclose records involving children to the following: 326
(a) A foster home, residential child-caring agency or 327
child-placing agency to the extent necessary to provide such care 328
and services to a child; 329
(b) An individual, agency or organization that provides 330
services to a child or the child's family in furtherance of the 331
child's permanency plan to the extent necessary in providing those 332
services; 333
(c) Health and mental health care providers of a child 334
to the extent necessary for the provider to properly treat and 335
care for the child; 336
(d) An educational institution or educational services 337
provider where the child is enrolled or where enrollment is 338
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anticipated to the extent necessary for the school to provide 339
appropriate services to the child; 340
(e) Any state agency or board that administers student 341
financial assistance programs. However, any records request under 342
this paragraph shall be initiated by the agency or board for the 343
purpose determining the child's eligibility for student financial 344
assistance, and any disclosure shall be limited to the 345
verification of the child's age during the period of time in which 346
the child was in the department's legal custody; and 347
(f) Any other state agency if the disclosure is 348
necessary to the department in fulfilling its statutory 349
responsibilities in protecting the best interests of the child. 350
(23) Nothing in this section or chapter shall require youth 351
court approval for disclosure of records involving children as 352
defined in Section 43-21-105(u), if the disclosure is made in a 353
criminal matter by a municipal or county prosecutor, a district 354
attorney or statewide prosecutor, pursuant to the Mississippi 355
Rules of Criminal Procedure and the records are disclosed under a 356
protective order issued by the Circuit Court presiding over the 357
criminal matter which incorporates the penalties stated in Section 358
43-21-267. 359
(24) The provisions of this section shall stand repealed on 360
July 1, 2026. 361
SECTION 3. Section 43-21-351, Mississippi Code of 1972, is 362
brought forward as follows: 363
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43-21-351. (1) Any person or agency having knowledge that a 364
child residing or being within the county is within the 365
jurisdiction of the youth court may make a written report to the 366
intake unit alleging facts sufficient to establish the 367
jurisdiction of the youth court. The report shall bear a 368
permanent number that will be assigned by the court in accordance 369
with the standards established by the Administrative Office of 370
Courts pursuant to Section 9-21-9(d), and shall be preserved until 371
destroyed on order of the court. 372
(2) There shall be in each youth court of the state an 373
intake officer who shall be responsible for the accurate and 374
timely entering of all intake and case information into the 375
Mississippi Youth Court Information Delivery System (MYCIDS) for 376
the Department of Human Services - Division of Youth Services, 377
truancy matters, and the Department of Child Protection Services. 378
It shall be the responsibility of the youth court judge or referee 379
of each county to ensure that the intake officer is carrying out 380
the responsibility of this section. 381
(3) Each intake officer shall receive, at a minimum, six (6) 382
hours of annual training on MYCIDS provided by the Mississippi 383
Judicial College. The required training under this subsection 384
shall be in addition to technical training provided by the 385
Mississippi Supreme Court MYCIDS Information Technology 386
Department. 387
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(4) The Mississippi Judicial College, in conjunction with 388
the Administrative Office of Courts, shall develop training 389
materials on MYCIDS: 390
(a) To ensure the accurate and timely entrance of all 391
intake and case information throughout the state by intake 392
officers; 393
(b) To ensure that youth court judges are equipped to 394
oversee the functions of each intake officer. 395
(5) The provisions of this section shall stand repealed on 396
July 1, 2026. 397
SECTION 4. Section 43-21-801, Mississippi Code of 1972, is 398
brought forward as follows: 399
43-21-801. (1) There is established the Youth Court Support 400
Program. The purpose of the program shall be to ensure that all 401
youth courts have sufficient support funds to carry on the 402
business of the youth court. The Administrative Office of Courts 403
shall establish a formula consistent with this section for 404
providing state support payable from the Youth Court Support Fund 405
for the support of the youth courts. 406
(a) (i) Each regular youth court referee is eligible 407
for youth court support funds so long as the senior chancellor 408
does not elect to employ a youth court administrator as set forth 409
in paragraph (b); a municipal youth court judge is also eligible. 410
The Administrative Office of Courts shall direct any funds to the 411
appropriate county or municipality. The funds shall be utilized 412
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to compensate an intake officer who shall be responsible for 413
ensuring that all intake and case information for the Department 414
of Human Services - Division of Youth Services, truancy matters, 415
and the Department of Child Protection Services is entered into 416
the Mississippi Youth Court Information Delivery System (MYCIDS) 417
in an accurate and timely manner. If the court already has an 418
intake officer responsible for entering all cases of the 419
Department of Human Services - Division of Youth Services, truancy 420
matters, and the Department of Child Protection Services into 421
MYCIDS, the regular youth court referee or municipal court judge 422
may certify to the Administrative Office of Courts that such a 423
person is already on staff. In such a case, each regular youth 424
court referee or municipal youth court judge shall have the sole 425
individual discretion to appropriate those funds as expense monies 426
to assist in hiring secretarial staff and acquiring materials and 427
equipment incidental to carrying on the business of the court 428
within the private practice of law of the referee or judge, or may 429
direct the use of those funds through the county or municipal 430
budget for court support supplies or services. The regular youth 431
court referee and municipal youth court judge shall be accountable 432
for assuring through private, county or municipal employees the 433
proper preparation and filing of all necessary tracking and other 434
documentation attendant to the administration of the youth court. 435
(ii) Title to all tangible property, excepting 436
stamps, stationery and minor expendable office supplies, procured 437
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with funds authorized by this section, shall be and forever remain 438
in the county or municipality to be used by the judge or referee 439
during the term of his office and thereafter by his successors. 440
(b) (i) When permitted by the Administrative Office of 441
Courts and as funds are available, the senior chancellor for 442
Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, 443
Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court 444
administrator for the district whose responsibility will be to 445
perform all reporting, tracking and other duties of a court 446
administrator for all youth courts in the district that are under 447
the chancery court system. Any chancery district listed in this 448
paragraph in which a chancellor appoints a referee or special 449
master to hear any youth court matter is ineligible for funding 450
under this paragraph (b). The Administrative Office of Courts may 451
allocate to an eligible chancery district a sum not to exceed 452
Thirty Thousand Dollars ($30,000.00) per year for the salary, 453
fringe benefits and equipment of the youth court administrator, 454
and an additional sum not to exceed One Thousand Nine Hundred 455
Dollars ($1,900.00) for the administrator's travel expenses. 456
(ii) The appointment of a youth court 457
administrator shall be evidenced by the entry of an order on the 458
minutes of the court. The person appointed shall serve at the 459
will and pleasure of the senior chancellor but shall be an 460
employee of the Administrative Office of Courts. 461
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(iii) The Administrative Office of Courts must 462
approve the position, job description and salary before the 463
position can be filled. The Administrative Office of Courts shall 464
not approve any plan that does not first require the expenditure 465
of the funds from the Youth Court Support Fund before expenditure 466
of county funds is authorized for that purpose. 467
(iv) Title to any tangible property procured with 468
funds authorized under this paragraph shall be and forever remain 469
in the State of Mississippi. 470
(c) (i) Each county court is eligible for youth court 471
support funds. The funds shall be utilized to provide 472
compensation to an intake officer who shall be responsible for 473
ensuring that all intake and case information for the Department 474
of Human Services - Division of Youth Services, truancy matters, 475
and the Department of Child Protection Services is entered into 476
the Mississippi Youth Court Information Delivery System (MYCIDS) 477
in an accurate and timely manner. If the county court already has 478
an intake officer or other staff person responsible for entering 479
all cases of the Department of Human Services - Division of Youth 480
Services, truancy matters and the Department of Child Protection 481
Services into MYCIDS, the senior county court judge may certify 482
that such a person is already on staff. In such a case, the 483
senior county court judge shall have discretion to direct the 484
expenditure of those funds in hiring other support staff to carry 485
on the business of the court. 486
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(ii) For the purposes of this paragraph, "support 487
staff" means court administrators, law clerks, legal research 488
assistants, secretaries, resource administrators or case managers 489
appointed by a youth court judge, or any combination thereof, but 490
shall not mean school attendance officers. 491
(iii) The appointment of support staff shall be 492
evidenced by the entry of an order on the minutes of the court. 493
The support staff so appointed shall serve at the will and 494
pleasure of the senior county court judge but shall be an employee 495
of the county. 496
(iv) The Administrative Office of Courts must 497
approve the positions, job descriptions and salaries before the 498
positions may be filled. The Administrative Office of Courts 499
shall not approve any plan that does not first require the 500
expenditure of funds from the Youth Court Support Fund before 501
expenditure of county funds is authorized for that purpose. 502
(v) The Administrative Office of Courts may 503
approve expenditure from the fund for additional equipment for 504
support staff appointed pursuant to this paragraph if the 505
additional expenditure falls within the formula. Title to any 506
tangible property procured with funds authorized under this 507
paragraph shall be and forever remain in the county to be used by 508
the youth court and support staff. 509
(2) (a) (i) The formula developed by the Administrative 510
Office of Courts for providing youth court support funds shall be 511
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devised so as to distribute appropriated funds proportional to 512
caseload and other appropriate factors as set forth in regulations 513
promulgated by the Administrative Office of Courts. The formula 514
will determine a reasonable maximum amount per judge or referee 515
per annum that will not be exceeded in allocating funds under this 516
section. 517
(ii) The formula shall be reviewed by the 518
Administrative Office of Courts every two (2) years to ensure that 519
the youth court support funds provided herein are proportional to 520
each youth court's caseload and other specified factors. 521
(iii) The Administrative Office of Courts shall 522
have wide latitude in the first two-year cycle to implement a 523
formula designed to maximize caseload data collection. 524
(b) Application to receive funds under this section 525
shall be submitted in accordance with procedures established by 526
the Administrative Office of Courts. 527
(c) Approval of the use of any of the youth court 528
support funds distributed under this section shall be made by the 529
Administrative Office of Courts in accordance with procedures 530
established by the Administrative Office of Courts. 531
(3) (a) There is created in the State Treasury a special 532
fund to be designated as the "Youth Court Support Fund," which 533
shall consist of funds appropriated or otherwise made available by 534
the Legislature in any manner and funds from any other source 535
designated for deposit into such fund. Unexpended amounts 536
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remaining in the fund at the end of a fiscal year shall not lapse 537
into the State General Fund, and any investment earnings or 538
interest earned on amounts in the fund shall be deposited to the 539
credit of the fund. Monies in the fund shall be distributed to 540
the youth courts by the Administrative Office of Courts for the 541
purposes described in this section. 542
(b) (i) During the regular legislative session held in 543
calendar year 2007, the Legislature may appropriate an amount not 544
to exceed Two Million Five Hundred Thousand Dollars 545
($2,500,000.00) to the Youth Court Support Fund. 546
(ii) During each regular legislative session 547
subsequent to the 2007 Regular Session, the Legislature shall 548
appropriate Two Million Five Hundred Thousand Dollars 549
($2,500,000.00) to the Youth Court Support Fund. 550
(c) No youth court judge or youth court referee shall 551
be eligible to receive funding from the Youth Court Support Fund 552
who has not received annual continuing education in the field of 553
juvenile justice in an amount to conform with the requirements of 554
the Rules and Regulations for Mandatory Continuing Judicial 555
Education promulgated by the Supreme Court or received at least 556
one (1) hour of annual continuing education concerning oversight 557
of youth court intake officers and MYCIDS. The Administrative 558
Office of Courts shall maintain records of all referees and youth 559
court judges regarding such training and shall not disburse funds 560
to any county or municipality for the budget of a youth court 561
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judge or referee who is not in compliance with the judicial 562
training requirements. 563
(4) Any recipient of funds from the Youth Court Support Fund 564
shall not be eligible for continuing disbursement of funds if the 565
recipient is not in compliance with the terms, conditions and 566
reporting requirements set forth in the procedures promulgated by 567
the Administrative Office of Courts. 568
(5) The provisions of this section shall stand repealed on 569
July 1, 2026. 570
SECTION 5. Section 45-33-61, Mississippi Code of 1972, is 571
brought forward as follows: 572
45-33-61. (1) A person convicted of a sex offense shall not 573
access the Administrative Office of Courts' youth court data 574
management system known as the Mississippi Youth Court Information 575
Delivery System or "MYCIDS." 576
(2) This section applies to all registered sex offenders 577
without regard to the date of conviction for a registrable 578
offense. 579
(3) The provisions of this section shall stand repealed on 580
July 1, 2026. 581
SECTION 6. Section 93-31-3, Mississippi Code of 1972, is 582
brought forward as follows: 583
93-31-3. (1) (a) A parent or legal custodian of a child, 584
by means of a properly executed power of attorney as provided in 585
Section 93-31-5, may delegate to another willing person or persons 586
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as attorney-in-fact any of the powers regarding the care and 587
custody of the child other than the following: 588
(i) The power to consent to marriage or adoption 589
of the child; 590
(ii) The performance or inducement of an abortion 591
on or for the child; or 592
(iii) The termination of parental rights to the 593
child. 594
(b) A delegation of powers under this section does not: 595
(i) Change or modify any parental or legal rights, 596
obligations, or authority established by an existing court order; 597
(ii) Deprive any custodial or noncustodial parent 598
or legal guardian of any parental or legal rights, obligations, or 599
authority regarding the custody, visitation, or support of the 600
child; or 601
(iii) Affect a court's ability to determine the 602
best interests of a child. 603
(c) If both parents are living and neither parent's 604
parental rights have been terminated, both parents must execute 605
the power of attorney. If a noncustodial parent is absent or 606
unknown, the custodial parent must complete the affidavit 607
contemplated under Section 93-31-5 and attach it to the power of 608
attorney. 609
(d) A power of attorney under this chapter must be 610
facilitated by either a child welfare agency that is licensed to 611
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place children for adoption and that is operating under the Safe 612
Families for Children model or another charitable organization 613
that is operating under the Safe Families for Children model. A 614
full criminal history and child abuse and neglect background check 615
must be conducted on any person who is not a grandparent, aunt, 616
uncle, or sibling of the child if the person is: 617
(i) Designated or proposed to be designated as the 618
attorney-in-fact; or 619
(ii) Is a person over the age of fifteen (15) who 620
resides in the home of the designated attorney-in-fact. 621
(2) A power of attorney executed under this chapter shall 622
not be used for the sole purposes of enrolling a child in a school 623
to participate in the academic or interscholastic athletic 624
programs provided by that school or for any other unlawful 625
purposes, except as may be permitted by the federal Every Student 626
Succeeds Act (Public Law 114-95). 627
(3) The parent or legal custodian of the child has the 628
authority to revoke or withdraw the power of attorney authorized 629
by this section at any time. Upon the termination, expiration, or 630
revocation of the power of attorney, the child must be returned to 631
the custody of the parent or legal custodian. 632
(4) Until the authority expires or is revoked or withdrawn 633
by the parent or legal custodian, the attorney-in-fact shall 634
exercise parental or legal authority on a continuous basis without 635
compensation for the duration of the power of attorney. 636
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(5) The execution of a power of attorney by a parent or 637
legal custodian does not, in the absence of other evidence, 638
constitute abandonment, desertion, abuse, neglect, or any evidence 639
of unfitness as a parent unless the parent or legal custodian 640
fails to take custody of the child or execute a new power of 641
attorney after the one-year time limit, or after a longer time 642
period as allowed for a serving parent, has elapsed. Nothing in 643
this subsection prevents the Department of Child Protection 644
Services or law enforcement from investigating allegations of 645
abuse, abandonment, desertion, neglect or other mistreatment of a 646
child. 647
(6) When the custody of a child is transferred by a power of 648
attorney under this chapter, the child is not considered to have 649
been placed in foster care and the attorney-in-fact will not be 650
subject to any of the requirements or licensing regulations for 651
foster care or other regulations relating to out-of-home care for 652
children and will not be subject to any statutes or regulations 653
dealing with the licensing or regulation of foster care homes. 654
(7) (a) "Serving parent" means a parent who is a member of 655
the Armed Forces of the United States, including any reserve 656
component thereof, or the National Oceanic and Atmospheric 657
Administration Commissioned Officer Corps or the Public Health 658
Service of the United States Department of Health and Human 659
Services detailed by proper authority for duty with the Armed 660
Forces of the United States, or who is required to enter or serve 661
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ST: Youth court data; bring forward code
sections related to.
in the active military service of the United States under a call 662
or order of the President of the United States or to serve on 663
state active duty. 664
(b) A serving parent may delegate the powers designated 665
in subsection (1) of this section for longer than one (1) year if 666
on active-duty service or if scheduled to be on active-duty 667
service. The term of delegation, however, may not exceed the term 668
of active-duty service plus thirty (30) days. 669
(8) (a) A power of attorney under this chapter must be 670
filed in the youth court of the county where the minor child or 671
children reside at the time the form is completed, and the clerk 672
of the youth court will not impose or collect a filing fee. The 673
filing is informational only, and no judicial intervention shall 674
result at the time of filing. 675
(b) The power of attorney must be entered into the 676
Mississippi Youth Court Information Delivery System (MYCIDS) under 677
Section 43-21-351, and must be administratively reviewed by the 678
youth court judge or referee, or a person designated by the youth 679
court judge or referee, to ensure the safety of the child or 680
children who are the subjects of the power of attorney one (1) 681
year after the date of execution. 682
(9) The provisions of this section shall stand repealed on 683
July 1, 2026. 684
SECTION 7. This act shall take effect and be in force from 685
and after July 1, 2026. 686