Title 43, Public Welfare

[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…

When it is determined to make an informal adjustment, the child and his parent, guardian or custodian shall be requested by letter, telephone or otherwise to attend a conference at a designated date, time and place. At the time the request to attend the conference is made, the ch…

(1) The informal adjustment process shall be initiated with an informal adjustment conference conducted by an informal adjustment counselor assigned by the Division of Youth Services within the Department of Human Services. (2) If the child and his parent, guardian or custodian a…

(1) If it appears to the informal adjustment counselor that the child and his parent, guardian or custodian:(a) Have complied with the terms and conditions of the informal adjustment agreement; and(b) Have received the maximum benefit from the informal adjustment process, the inf…

(1) (a) The Legislature declares its intent to establish a youth diversion program that integrates smart practices and provides community-based alternatives to the formal court system to: reduce juvenile crime and recidivism, improve positive youth outcomes, change youth offender…

In any Class 1 county having a total population in excess of eighty thousand (80,000) according to the 1950 census and having a total assessed valuation in excess of Forty-eight Million Dollars ($48,000,000.00), and in which there is both a youth court and a federal military base…

(1) All proceedings seeking an adjudication that a child is a delinquent child, a child in need of supervision, a neglected child or an abused child shall be initiated by the filing of a petition. The petition shall be drafted and filed:(a) By the youth court prosecutor in delinq…

The petition shall be entitled “IN THE INTEREST OF .”

(1) The petition shall set forth plainly and concisely with particularity:(a) Identification of the child, including his full name, birth date, age, sex and residence;(b) Identification of the parent, guardian or custodian including the name and residence of the child’s parents, …

A petition may be amended at any time on order of the youth court for good cause shown so long as there is no prejudice to the parties.

No party shall be required to file a responsive pleading.

[Until July 1, 2027, this section shall read as follows:] (a) When a petition has been filed and the date of hearing has been set by the youth court, the judge or his designee shall order the clerk of the youth court to issue a summons to the following to appear personally at suc…

The form of the summons shall be substantially as follows: State of Mississippi County of In the Court of CountyYouth Court DivisionNo. In the Interest of .SUMMONSTO: You are required to serve the following:TO: You are commanded to appear personally before the Court of County at …

Service of summons must conform to the Uniform Rules of Youth Court Practice or the Rules of Civil Procedure.

(1) Summons shall be served not less than three (3) days before the date set for the adjudicatory hearing of proceedings concerning the child. (2) A party other than the child may waive service of summons on himself by written stipulation or by voluntary appearance at the hearing…

If any person summoned as herein provided shall without reasonable cause (the judge to determine what is reasonable cause) fails to appear, he may be proceeded against for contempt of court. In case the summons cannot be served or the parties served with summons fail to obey the …

(1) Unless the hearing is continued upon a showing of good cause or the person who is a subject to the cause has admitted the allegations of the petition, an adjudicatory hearing shall be held within ninety (90) days after the filing of the petition to determine whether there is …

(a) At any time after the petition has been filed, all parties to the cause may appear before the judge and admit the allegations of the petition. The judge may accept this admission as proof of the allegations if the judge finds that:(a) the parties making the admission fully un…

Under no circumstances shall the party or the prosecutor engage in discussion for the purpose of agreeing to exchange concessions by the prosecutor for the party’s admission to the petition.

(1) At the beginning of each adjudicatory hearing, the youth court shall:(a) Verify the name, age and residence of the child who is the subject of the cause and ascertain the relationship of the parties, each to the other;(b) Ascertain whether all necessary parties are present an…

(1) In arriving at its adjudicatory decision, the youth court shall consider only evidence which has been formally admitted at the adjudicatory hearing. All testimony shall be under oath and may be in narrative form. In proceedings to determine whether a child is a delinquent chi…

(1) If the youth court finds on proof beyond a reasonable doubt that a child is a delinquent child or a child in need of supervision, the youth court shall enter an order adjudicating the child to be a delinquent child or a child in need of supervision. (2) Where the petition all…

(1) If the child has been adjudicated a delinquent child, a child in need of supervision, a neglected child or an abused child, the youth court shall immediately set a time and place for a disposition hearing which shall be separate, distinct and subsequent to the adjudicatory he…

(1) At the beginning of each disposition hearing, the judge shall inform the parties of the purpose of the hearing. (2) All testimony shall be under oath unless waived by all parties and may be in narrative form. The court may consider any evidence that is material and relevant t…

[Until July 1, 2027, this section shall read as follows:] (1) In delinquency cases, the disposition order may include any of the following alternatives:(a) Release the child without further action;(b) Place the child in the custody of the parents, a relative or other persons subj…

(1) In children in need of supervision cases, the disposition order may include any of the following alternatives or combination of the following alternatives, giving precedence in the following sequence:(a) Release the child without further action;(b) Place the child in the cust…

(a) In neglect and abuse cases, the disposition order may include any of the following alternatives, giving precedence in the following sequence, taking into consideration the child’s safety and the permanency plan that meets the best interest of the child:(a) Release the child t…

If the youth court finds at the disposition hearing that a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child is also a child in need of special care, the youth court may, in its discretion, make any appropriate additional di…

(1) This section shall be known and may be cited as “Buddy’s Law.” (2) When a child is adjudicated delinquent of an offense involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating or impaling of a domestic…

[Until July 1, 2027, this section shall read as follows:] (1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have be…

The appropriate court, through its clerk, shall notify the Office of the Attorney General within seven (7) business days whenever a permanency plan changes to termination of parental rights or an adoption.

(1) The costs of conveying any child committed to any institution or agency shall be paid by the county or municipality from which the child is committed out of the general treasury of the county or municipality upon approval of the court. No compensation shall be allowed beyond …

In all cases where the child is found to be a delinquent child, a child in need of supervision, a neglected child or an abused child, the parent, guardian, custodian or any other person who, by any act or acts of wilful commission or omission, if found after notice and a hearing …