Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-303 - Taking into custody without a custody order

(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 identical circumstances; and
(ii)
Such law enforcement officer has probable cause to believe that custody is necessary as defined in Section
43-21-301
; and
(iii)
Such law enforcement officer can find no reasonable alternative to custody; or
(b)
A law enforcement officer or an agent of the Department of Child Protection Services or the Department of Human Services may take a child into immediate custody if:
(i)
There is probable cause to believe that the child is in immediate danger of personal harm; however, probable cause shall not be based solely upon a positive drug test of a newborn or parent for marijuana or solely upon the status of a parent as a cardholder under the Mississippi Medical Cannabis Act, but a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana. Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subparagraph (i) for marijuana, may be based:
1.
upon a parent's positive drug test for unlawful use of a controlled substance only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody; and
2.
upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody.
A child shall not be considered "neglected" solely because the child's parent, guardian or custodian has failed to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child when the failure is caused primarily by financial inability, unless relief services had been offered and refused and the child is in imminent risk of harm; and
(ii)
There is probable cause to believe that immediate custody is necessary as set forth in Section
43-21-301(3)
; and
(iii)
There is no reasonable alternative to custody; and
(c)
Any other person may take a child into custody if grounds exist for the arrest of an adult in identical circumstances. Such other person shall immediately surrender custody of the child to the proper law enforcement officer who shall thereupon continue custody only as provided in paragraph (a) of this subsection.
(2)
When it is necessary to take a child into custody, the least restrictive custody should be selected.
(3)
Unless the child is immediately released, the person taking the child into custody shall immediately notify the judge or his designee. A person taking a child into custody shall also make continuing reasonable efforts to notify the child's parent, guardian or custodian and invite the parent, guardian or custodian to be present during any questioning.
(4)
A child taken into custody shall not be held in custody for a period longer than reasonably necessary, but not to exceed twenty-four (24) hours, and shall be released to his parent, guardian or custodian unless the judge or his designee authorizes temporary custody.
Laws, 1979, ch. 506, § 33; Laws, 1980, ch. 550, § 14, eff. 7/1/1980.
Amended by Laws, 2024, ch. 531, SB 2792,§ 15, eff. 7/1/2024.
Amended by Laws, 2022, ch. 303, SB 2095,§ 63, eff. 2/2/2022.
Amended by Laws, 2020, ch. 329, HB 1131,§ 2, eff. 7/1/2020.
Amended by Laws, 2019, ch. 464, SB 2840,§ 9, eff. 7/1/2019.
Amended by Laws, 2017, ch. 395, HB 652, 2, eff. 7/1/2017.