Title 43, Public Welfare

Any county or municipality may separately or jointly establish and maintain detention facilities, shelter facilities, foster homes, or any other facility necessary to carry on the work of the youth court. For said purposes, the county or municipality may acquire necessary land by…

(1) In any county not having a county court or family court the judge may appoint as provided in Section 43-21-123 regular or special referees who shall be attorneys at law and members of the bar in good standing to act in cases concerning children within the jurisdiction of the …

When a judge shall certify in writing that he is unable to serve because of illness or absence from the county or district, the judge may appoint as provided in Section 43-21-123 a special judge to serve in his stead. A special judge shall possess all the powers and perform all t…

In every youth court division the judge shall appoint as provided in Section 43-21-123 one or more persons to function as the intake unit for the youth court division. The youth court intake unit shall perform all duties specified by this chapter. If the person serving as the you…

(1) The youth court prosecutor shall represent the state in all delinquency proceedings in the youth court. In child welfare matters, the Mississippi Department of Child Protection Services or the youth court prosecutor may be the petitioner. (2) The county prosecuting attorney s…

[Until July 1, 2027, this section shall read as follows:] The judge or his designee shall appoint as provided in Section 43-21-123 sufficient personnel, responsible to and under the control of the youth court, to carry on the professional, clerical and other work of the youth cou…

(1) The youth court shall appoint a guardian ad litem for the child:(a) When a child has no parent, guardian or custodian;(b) When the youth court cannot acquire personal jurisdiction over a parent, a guardian or a custodian;(c) When the parent is a minor or a person of unsound m…

(1) Except for expenses provided by state funds and/or other monies, the board of supervisors shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county courts where said …

(1) There is hereby created the Family Services Forum for Mississippi Children, Youth, and Families. The purpose of the forum shall be:(a) To facilitate collaborative planning and services for children, youth, and families referred to Mississippi youth courts for either child wel…

It is hereby made the duty of every public official or department to render all assistance and cooperation within his or its jurisdictional power which may further the objects of this chapter. The youth court is authorized to seek the cooperation of all societies, organizations o…

(1) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child except in the following circumstances:(a) Any act attempted or committed by a c…

(1) The youth court shall have full power and authority to issue all writs and processes including injunctions necessary to the exercise of jurisdiction and to carrying out the purpose of this chapter. (2) Any person who wilfully violates, neglects or refuses to obey, perform or …

(1) If a child is alleged to be a delinquent child or a child in need of supervision, the proceedings shall be commenced in any county where any of the alleged acts are said to have occurred. After adjudication, the youth court may, in the best interest of the child, transfer the…

(1) If a child who has reached his thirteenth birthday is charged by petition to be a delinquent child, the youth court, either on motion of the youth court prosecutor or on the youth court’s own motion, after a hearing as hereinafter provided, may, in its discretion, transfer ju…

(1) When a person appears before a court other than the youth court, and it is determined that the person is a child under jurisdiction of the youth court, such court shall, unless the jurisdiction of the offense has been transferred to such court as provided in this chapter, or …

(1) (a) Each party shall have the right to be represented by counsel at all stages of the proceedings including, but not limited to, detention, shelter, adjudicatory and disposition hearings and parole or probation revocation proceedings.(b) In delinquency matters the court shall…

(1) The youth court shall be in session at all times. (2) All cases involving children shall be heard at any place the judge deems suitable but separately from the trial of cases involving adults. (3) Hearings in all cases involving children shall be conducted without a jury and …

(1) The general public shall be admitted to any hearing in a youth court proceeding, including, but not limited to, any adjudicatory hearing or any dispositional hearing except as otherwise provided in subsection (2) of this section. (2) (a) In all welfare matters, the court may …

In proceedings under this chapter, no court costs shall be charged against any party to a petition, and no salaried officer of the state, county or any municipality, nor any youth court counselor, nor any witness other than an expert witness shall be entitled to receive any fee f…

(1) No statements, admissions or confessions made by or incriminatory information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court-ordered…

(1) The court records of the youth court shall include:(a) A general docket in which the clerk of the youth court shall enter the names of the parties in each cause, the date of filing the petition, any other pleadings, issuance and return of process, and a reference by the minut…

(1) Except as otherwise provided by this section, all records involving children made and retained by law enforcement officers and agencies or by the youth court prosecutor and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Sectio…

(1) Unless otherwise provided in this section, any record involving children, including valid and invalid complaints, and the contents thereof maintained by the Department of Human Services or the Department of Child Protection Services, or any other state agency, shall be kept c…

All other records involving children and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261 or Section 43-21-262.

(1) Except as otherwise provided in this section or in Section 43-21-262, records involving children shall not be disclosed, other than to the following persons:(a) The judge of another youth court or member of another youth court staff;(b) Parties and their attorneys;(c) Necessa…

(1) The term “forensic interview and related records” means all records in the possession of a child advocacy center or person or entity with whom a child advocacy center has contracted with for services that were derived in whole or in part from the forensic interview of the chi…

(1) The youth court may order the sealing of records involving children:(a) If the child who was the subject of the cause has attained twenty (20) years of age;(b) If the youth court dismisses the cause; or(c) If the youth court sets aside an adjudication in the cause. (a) If the…

The youth court, in its discretion, may order the destruction of any records involving children except medical or mental health examinations as defined in Section 43-21-253. This order shall be directed to all persons maintaining the records, shall order their physical destructio…

[Until July 1, 2027, this section shall read as follows:] (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court. (2)…

(1) No child in a matter in which the youth court has original exclusive jurisdiction shall be taken into custody by any person without a custody order except that:(a) A law enforcement officer may take a child in custody if:(i) Grounds exist for the arrest of an adult in identic…

[Until July 1, 2027, this section shall read as follows:] The judge or his designee may authorize the temporary custody of a child taken into custody for a period of not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays if the judge or…

(1) A child who has been ordered or taken into custody may be held in custody for longer than temporary custody if:(a) A written complaint or petition has been filed; and(b) A court order has been entered for continued custody following a review of that custody at a detention hea…

[Until July 1, 2027, this section shall read as follows:] (1) When a child is taken into custody, he shall immediately be informed of:(a) The reason for his custody;(b) The time within which review of the custody shall be held;(c) His rights during custody including his right to …

(1) A child held in custody under order of the youth court shall be released upon a finding that a change of circumstances makes continued custody unnecessary. (2) A written request for the release of the child from custody, setting forth the changed circumstances, may be filed b…

(1) The youth court shall, by general order or rule of court, designate the available detention or shelter facilities to which children shall be delivered when taken into custody. Copies of the order or rule shall be made available to the Department of Human Services and all law …

In addition to any other provisions of law, it shall be lawful for a correctional facility constructed in Tallahatchie County to house juveniles who have been found delinquent or in need of supervision. The juveniles shall be housed in a correctional facility constructed in Talla…

(1) All juvenile detention centers shall develop and implement policies and procedures that comply with the regulations promulgated by the Juvenile Facilities Monitoring Unit. (2) If a student’s detention will cause the student to miss one or more days of school during the academ…

(1) There is established the Juvenile Detention Facilities Monitoring Unit within the Department of Public Safety to work in cooperation with the Family Services Forum for Mississippi Children, Youth, and Families and the Juvenile Justice Advisory Committee described in Sections …

The Department of Public Safety shall contract with a juvenile justice expert who has substantial experience in the administration of constitutionally compliant juvenile facilities and significant experience monitoring juvenile justice facilities for a local jurisdiction, state, …

(1) The Department of Public Safety’s Planning Division is authorized to monitor and carry out the provisions of the federal Juvenile Justice and Delinquency Prevention Act of 2002 in the four (4) core protection requirements of the act for the state as follows:(a) Deinstitutiona…

(1) Any person or agency having knowledge that a child residing or being within the county is within the jurisdiction of the youth court may make a written report to the intake officer alleging facts sufficient to establish the jurisdiction of the youth court. Delinquency reports…

(1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to…

The statewide incoming wide area telephone service established pursuant to Section 43-21-353 shall be maintained by the Department of Child Protection Services, or its successor, on a twenty-four-hour seven (7) days a week basis.

(1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school emp…

(1) After receiving a report, the youth court intake officer shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary …

(1) Informal adjustment pursuant to the informal adjustment agreement provided in Section 43-21-405 shall include:(a) The giving of counsel and advice to the child and his parent, guardian or custodian;(b) Referrals to public and private agencies which may provide benefits, guida…