reglab/housing_qa huggingface dataset:
MS Code § 43-21-325 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Custody and Detention|§ 43-21-325. Department of Public Safety authorized to carry out provisions of federal Juvenile Justice and Delinquency Prevention Act of 2002; penalties for certain individuals who interfere with department's performance of its duties

  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:   Deinstitutionalization of status offenders;   Separation of juveniles from incarcerated adults;   Removal of juveniles from adult jails and lockups; and   Disproportional minority contact.     If any staff or individual of a secure facility prohibits the Department of Public Safety's Planning Division from fully performing its duties, as prescribed in the federal Juvenile Justice and Delinquency Prevention Act of 2002, then such staff or individual shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).
MS Code § 43-21-351 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Intake|§ 43-21-351. Reception of information

  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 unit alleging facts sufficient to establish the jurisdiction of the youth court. The report shall bear a permanent number that will be assigned by the court in accordance with the standards established by the Administrative Office of Courts pursuant to Section 9-21-9(d), and shall be preserved until destroyed on order of the court.   There shall be in each youth court of the state an intake officer who shall be responsible for the accurate and timely entering of all intake and case information into the Mississippi Youth Court Information Delivery System (MYCIDS) for the Division of Youth Services, truancy matters and the Division of Family and Children's Services. It shall be the responsibility of the youth court judge or referee of each county to ensure that the intake officer is carrying out the responsibility of this section.
MS Code § 43-21-354 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Intake|§ 43-21-354. Statewide incoming wide area telephone service to be maintained on twenty-four-hour seven days a week basis

 The statewide incoming wide area telephone service established pursuant to Section 43-21-353, Mississippi Code of 1972, shall be maintained by the Department of Public Welfare, or its successor, on a twenty-four-hour seven (7) days a week basis.
MS Code § 43-21-355 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Intake|§ 43-21-355. Immunity for reporting information

 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 employee, licensed professional counselor or any other person participating in the making of a required report pursuant to Section 43-21-353 or participating in the judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
MS Code § 43-21-357 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Intake|§ 43-21-357. Intake procedure

  After receiving a report, the youth court intake unit 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 inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:   That the youth court take no action;   That an informal adjustment be made;   The Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;   That the child is warned or counseled informally;   That the child be referred to the youth court intervention court; or   That a petition be filed.     The youth court shall then, without a hearing:   Order that no action be taken;   Order that an informal adjustment be made;   Order that the Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;   Order that the child is warned or counseled informally;   That the child be referred to the youth intervention court; or   Order that a petition be filed.     If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
MS Code § 43-21-401 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Informal Proceedings|§ 43-21-401. Informal adjustment

  Informal adjustment pursuant to the informal adjustment agreement provided in Section 43-21-405 shall include:   the giving of counsel and advice to the child and his parent, guardian or custodian;   referrals to public and private agencies which may provide benefits, guidance or services to the child and his parent, guardian or custodian;   temporary placement of the child or supervision by the youth court counselor with the consent of the child and his parent, guardian or custodian, subject to youth court review.     If authorized by the youth court, informal adjustment may be commenced after the filing of a petition.   If the child and his parent, guardian or custodian agree to participate in an informal adjustment process, the defense of a failure to provide a speedy trial is waived and a petition may be filed if the informal adjustment process is unsuccessfully terminated under Section 43-21-407.
MS Code § 43-21-403 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Informal Proceedings|§ 43-21-403. Notice to parties

 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 child and his parent, guardian or custodian shall be informed that attendance at the conference is voluntary and that they may be represented by counsel or other person of their choice at the conference.
MS Code § 43-21-407 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Informal Proceedings|§ 43-21-407. Termination of informal adjustment

  If it appears to the informal adjustment counselor that the child and his parent, guardian or custodian:   have complied with the terms and conditions of the informal adjustment agreement; and   have received the maximum benefit from the informal adjustment process, the informal adjustment counselor shall terminate the informal adjustment process and dismiss the child without further proceedings. The informal adjustment counselor shall notify the child and his parent, guardian or custodian in writing of the satisfactory completion of the informal adjustment and report such action to the youth court.     If it appears to the informal adjustment counselor that further efforts at informal adjustment would not be in the best interests of the child or the community, or that the child or his parent, guardian or custodian:   denies the jurisdiction of the youth court;   declines to participate in the informal adjustment process;   expresses a desire that the facts be determined by the youth court;   fails without reasonable excuse to attend scheduled meetings;   appears unable or unwilling to benefit from the informal adjustment process, the informal adjustment counselor shall terminate the informal adjustment process. If the informal adjustment process is so terminated, the intake unit shall reinitiate the intake procedure under Section 43-21-357. Even if the informal adjustment process has been so terminated, the intake unit shall not be precluded from reinitiating the informal adjustment process.
MS Code § 43-21-451 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Petition|§ 43-21-451. Commencement of formal proceedings

 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. Upon authorization of the youth court, the petition shall be drafted and filed by the youth court prosecutor unless the youth court has designated some other person to draft and file the petition. The petition shall be filed within five (5) days from the date of a detention hearing or shelter hearing continuing custody. Unless another period of time is authorized by the youth court or its designee, in noncustody cases the petition shall be filed within ten (10) days of the court order authorizing the filing of a petition. The court may, in its discretion, dismiss the petition for failure to comply with the time schedule contained herein.
MS Code § 43-21-453 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Petition|§ 43-21-453. Style of petition

 The petition shall be entitled "IN THE INTEREST OF_______________ ."
MS Code § 43-21-455 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Petition|§ 43-21-455. Content of petition

  The petition shall set forth plainly and concisely with particularity:   identification of the child, including his full name, birth date, age, sex and residence;   identification of the parent, guardian or custodian including the name and residence of the child's parents, the name and residence of the child's legal guardian, if there be one, any person or agency in whose custody the child may be and the child's nearest relative if no parent or guardian be known;   a statement of the facts, including the facts which bring the child within the jurisdiction of the youth court and which show the child is a delinquent child, a child in need of supervision, a neglected child or an abused child;   in petitions alleging delinquency, a citation of the statute or ordinance which the child is alleged to have violated. Error in or omission of the citation shall not be grounds for dismissing the petition or for a reversal of the adjudication based thereon if the error or omission did not mislead the child to his prejudice.   a prayer for the type of adjudicatory relief sought; and   if any of the facts herein required are not known by the petitioner.     Two (2) or more offenses may, in the discretion of the youth court, be alleged in the same petition in a separate count for each offense.   Two (2) or more children may be the subject of the same petition if:   they are siblings; and   they are alleged to be neglected or abused from a common source of mistreatment or neglect.     Where the child is alleged to be a delinquent child, the petition must recite factual allegations with the same particularity required in a criminal indictment but need not have the technical form of a criminal indictment.   The petition may contain a motion to transfer.
MS Code § 43-21-457 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Petition|§ 43-21-457. Amendment to the petition

 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.
MS Code § 43-21-459 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Petition|§ 43-21-459. Responsive pleadings

 No party shall be required to file a responsive pleading.
MS Code § 43-21-501 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Summons|§ 43-21-501. Persons on whom served

  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 such hearing:   the child named in the petition;   the person or persons who have custody or control of the child;   the parent or guardian of the child if such parent or guardian does not have custody of the child; and   any other person whom the court deems necessary.
MS Code § 43-21-503 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Summons|§ 43-21-503. Form of summons

 The form of the summons shall be substantially as follows:   State of Mississippi   County of In the Court of County Youth Court Division No. In the Interest of . SUMMONS TO: You are required to serve the following: TO: You are commanded to appear personally before the Court of County at the Courthouse in , Mississippi, at o'clock on , the day of , 2, for a hearing for the purpose set forth in the petition. is required to produce at the above-named hearing. You have a right to be represented by an attorney. You are requested to immediately notify the youth court of the name of your attorney. If indigent, the above-named child has a right to have an attorney appointed for him free of charge, and should immediately apply to the youth court for such appointed counsel. You have a right to subpoena witnesses in your behalf. GIVEN under hand and seal of court, at , Mississippi, this the day of , 2. , Clerk , D.C.   Click to view
MS Code § 43-21-505 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Summons|§ 43-21-505. Method of service

  Unless otherwise provided in this chapter, service of summons shall be made personally by delivery of a copy of the summons with a copy of the petition in a sealed envelope attached to the summons. A child may be served in the same manner as an adult.   Service of the summons and petition, motions, notices and all other papers upon a child who has not reached his fourteenth birthday shall be effectuated by making service upon his parent, guardian or custodian and guardian ad litem, if any.   If any parent or guardian does not reside within the state or cannot be located therein, the clerk shall issue summons to the guardian ad litem. If the name and post office address of the parent or guardian who does not reside within the state or cannot be located therein can be ascertained, the clerk shall mail by "certified mail" ten (10) days before the date set for the hearing a copy of the summons with a copy of the petition attached to the summons to such parent or guardian. The clerk shall note the fact of such mailing upon the court docket. Ten (10) days after the summons has been mailed, the youth court may take jurisdiction as if summons had been personally served as herein provided.   The service of summons as required by this chapter shall be made by any person appointed by the youth court judge. Such person, for this purpose, shall be an officer of the youth court.   Unless otherwise provided in this chapter, notice of the time, date, place and purpose of any hearing other than adjudicatory and transfer hearings shall be given to all parties in person in court or by mail, or in any other manner as the youth court may direct.
MS Code § 43-21-507 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Summons|§ 43-21-507. Time of service

  Summons shall be served not less than three (3) days before the date set for the adjudicatory hearing of proceedings concerning the child.   A party other than the child may waive service of summons on himself by written stipulation or by voluntary appearance at the hearing and in the case of written stipulation or voluntary appearance, the youth court may, in its discretion, proceed to a hearing regardless of the date set for the hearing if all other parties are properly before the youth court. At the time of the waiver, a copy of the petition shall be given to the party.   If a child is served with process, the child may waive the three (3) days' time before the hearing, and the youth court may, in its discretion, proceed to a hearing regardless of the date set for the hearing if all other parties are properly before the youth court and the youth court finds all of the following:   the child fully understands his rights and fully understands the potential consequences of the hearing;   the child voluntarily, intelligently, and knowingly waives his rights to three (3) days' time before the hearing;   the child is effectively represented by counsel; and   the child has had in fact sufficient time to prepare.
MS Code § 43-21-509 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Summons|§ 43-21-509. Warrant for failure to obey summons

 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 same, or in any case when it shall be made to appear to the youth court that the service of summons will be ineffectual or the welfare of a child requires that he shall be brought forthwith into the custody of the youth court, a warrant or custody order may be issued against the parent, parents, guardian or custodian or against the child.
MS Code § 43-21-551 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Adjudication|§ 43-21-551. Scheduling of adjudicatory hearings

  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 legally sufficient evidence to find that the child is a delinquent child, a child in need of supervision, a neglected child or an abused child. If the adjudicatory hearing is not held within the ninety (90) days, the petition shall be dismissed with prejudice.   If the child is in detention, the hearing shall be held as soon as possible but not later than twenty-one (21) days after the child is first detained by the youth court unless the hearing be postponed:   upon motion of the child;   where process cannot be completed; or   upon a judicial finding that a material witness is not presently available. If the adjudicatory hearing is not held or postponed for the aforesaid reasons, the child may be released from detention.     If the child is held in shelter, the hearing shall be held as soon as possible but not later than thirty (30) days after the child is first taken into custody unless the hearing is postponed:   upon motion of the child;   where process cannot be completed; or   upon a judicial finding that a material witness is not presently available. If the adjudicatory hearing is not held or postponed for the aforesaid reasons, the child may be released from shelter.
MS Code § 43-21-553 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Adjudication|§ 43-21-553. Uncontested adjudications

 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:   the parties making the admission fully understand their rights and fully understand the potential consequences of their admission to the allegations;   the parties making the admission voluntarily, intelligently and knowingly admit to all facts necessary to constitute a basis for court action under this chapter;   the parties making the admission have not in the reported admission to the allegation set forth facts that, if found to be true, constitute a defense to the allegation; and   the child making the admission is effectively represented by counsel.
MS Code § 43-21-555 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Adjudication|§ 43-21-555. Plea bargaining prohibited

 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.
MS Code § 43-21-557 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 21 - Youth Court|Adjudication|§ 43-21-557. Order of proceedings

  At the beginning of each adjudicatory hearing, the youth court shall:   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;   ascertain whether all necessary parties are present and identify all persons participating in the hearing;   ascertain whether the notice requirements have been complied with and, if not, whether the affected parties intelligently waived compliance in accordance with Section 43-21-507;   explain to the parties the purpose of the hearing and the possible dispositional alternatives thereof; and   explain to the parties:   the right to counsel;   the right to remain silent;   the right to subpoena witnesses;   the right to cross-examine witnesses testifying against him; and   the right to appeal.       The youth court should then ascertain whether the parties before the youth court are represented by counsel. If a party before the youth court is not represented by counsel, the youth court shall ascertain whether the party understands his right to counsel. If the party wishes to retain counsel, the youth court shall continue the hearing for a reasonable time to allow the party to obtain and consult with counsel of his choosing. If an indigent child does not have counsel, the youth court shall appoint counsel to represent the child and shall continue the hearing for a reasonable time to allow the child to consult with his appointed counsel.   The youth court may then inquire whether the parties admit or deny the allegations in the petition as provided in Section 43-21-553.   The youth court may at any time terminate the proceedings and dismiss the petition if the youth court finds such action to be conducive to the welfare of the child and in the best interest of the state.