reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › SUMMONS (§§ 43-21-501 — 43-21-509) › Section 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:
(a)
The child named in the petition;
(b)
The person or persons who have custody or control of the child;
(c)
The parent or guardian of the child if such parent or guardian does not have custody of the child;
(d)
The Department of Child Protection Services; and
(e)
Any other person whom the court deems necessary.
Laws, 1979, ch. 506, § 53, eff. 7/1/1979.
Amended by Laws, 2023, ch. 516, HB 1149,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › SUMMONS (§§ 43-21-501 — 43-21-509) › Section 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.
Laws, 1979, ch. 506, § 54, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › SUMMONS (§§ 43-21-501 — 43-21-509) › Section 43-21-505 - Service to conform to Uniform Rules of Youth Court Practice

Service of summons must conform to the Uniform Rules of Youth Court Practice.
Laws, 1979, ch. 506, § 55, eff. 7/1/1979.
Amended by Laws, 2020, ch. 436, HB 1286,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › SUMMONS (§§ 43-21-501 — 43-21-509) › Section 43-21-507 - Time of service

(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 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.
(3)
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:
(a)
the child fully understands his rights and fully understands the potential consequences of the hearing;
(b)
the child voluntarily, intelligently, and knowingly waives his rights to three (3) days' time before the hearing;
(c)
the child is effectively represented by counsel; and
(d)
the child has had in fact sufficient time to prepare.
Laws, 1979, ch. 506, § 56, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › SUMMONS (§§ 43-21-501 — 43-21-509) › Section 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.
Laws, 1979, ch. 506, § 57, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ADJUDICATION (§§ 43-21-551 — 43-21-561) › Section 43-21-551 - Scheduling of adjudicatory hearings

(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 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.
(2)
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:
(a)
upon motion of the child;
(b)
where process cannot be completed; or
(c)
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.
(3)
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:
(a)
upon motion of the child;
(b)
where process cannot be completed; or
(c)
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.
Laws, 1979, ch. 506, § 58; Laws, 1980, ch. 550, § 21, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ADJUDICATION (§§ 43-21-551 — 43-21-561) › Section 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:
(a)
the parties making the admission fully understand their rights and fully understand the potential consequences of their admission to the allegations;
(b)
the parties making the admission voluntarily, intelligently and knowingly admit to all facts necessary to constitute a basis for court action under this chapter;
(c)
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
(d)
the child making the admission is effectively represented by counsel.
Laws, 1979, ch. 506, § 59, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ADJUDICATION (§§ 43-21-551 — 43-21-561) › Section 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.
Laws, 1979, ch. 506, § 60, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ADJUDICATION (§§ 43-21-551 — 43-21-561) › Section 43-21-557 - Order of proceedings

(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 and identify all persons participating in the hearing;
(c)
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
;
(d)
explain to the parties the purpose of the hearing and the possible dispositional alternatives thereof; and
(e)
explain to the parties:
(i)
the right to counsel;
(ii)
the right to remain silent;
(iii)
the right to subpoena witnesses;
(iv)
the right to cross-examine witnesses testifying against him; and
(v)
the right to appeal.
(2)
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.
(3)
The youth court may then inquire whether the parties admit or deny the allegations in the petition as provided in Section
43-21-553
.
(4)
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.
Laws, 1979, ch. 506, § 61, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ADJUDICATION (§§ 43-21-551 — 43-21-561) › Section 43-21-559 - Evidence admissible

(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 child or a child in need of supervision, the youth court shall admit any evidence that would be admissible in a criminal proceeding. In proceedings to determine whether a child is a neglected child or an abused child, the youth court shall admit any evidence that would be admissible in a civil proceeding.
(2)
An out-of-court admission by the child, even if otherwise admissible, shall be insufficient to support an adjudication that the child is a delinquent child unless the admission is corroborated, in whole or in part, by other competent evidence.
(3)
Members of the youth court staff may appear as witnesses except that no member of the youth court staff may testify as to an admission or confession made to him.
(4)
(a)
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, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceedings.
(b)
The provisions of paragraph (a) of this subsection are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.
Laws, 1979, ch. 506, § 62, eff. 7/1/1979.
Amended by Laws, 2016, ch. 438, SB 2364, 13, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-601 - Scheduling of disposition hearing

(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 hearing. The disposition hearing, however, may be held immediately following the adjudicatory hearing unless a continuance is necessary to allow the parties to prepare for their participation in the proceedings.
(2)
If the child has been taken into custody, a disposition hearing shall be held within fourteen (14) days after the adjudicatory hearing unless good cause be shown for postponement.
Laws, 1979, ch. 506, § 64, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-607 - Dispositional alternatives in children in need of supervision cases

(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 custody of the parent, a relative or other person subject to any conditions and limitations as the youth court may prescribe;
(c)
Place the child under youth court supervision subject to any conditions and limitations the youth court may prescribe;
(d)
Order terms of treatment calculated to assist the child and the child's parent, guardian or custodian which are within the ability of the parent, guardian or custodian to perform;
(e)
Order terms of supervision which may include participation in a constructive program of service or education or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the parties and reasonably capable of performance within one (1) year;
(f)
Give legal custody of the child to any of the following but in no event to any state training school;
(i)
The Department of Human Services for appropriate placement which may include a wilderness training program; or
(ii)
Any private or public organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child; or
(g)
Order the child to participate in a youth court work program as provided in Section
43-21-627
.
(2)
The court may order drug testing as provided in Section
43-21-605(6)
.
Laws, 1979, ch. 506, § 67; Laws, 1980, ch. 550, § 24; Laws, 1994, ch. 473, § 3; Laws, 1998, ch. 407, § 3; Laws, 2001, ch. 581, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-611 - Dispositional alternatives for children in need of special care

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 disposition designed for the treatment of the disability or infirmity, which may include civil commitment to a state institution providing care for that disability or infirmity. Any commitment, including one to a Department of Mental Health facility, ordered pursuant to this section shall be in compliance with the requirements for civil commitment as set forth in Section
41-21-61
et seq. Discharge from a Department of Mental Health facility shall be made pursuant to the provisions of Section
41-21-87
. Nothing contained in this section shall require any state institution, department or agency to provide any service, treatment or facility if said service, treatment or facility is not available, nor shall this section be construed to authorize the youth court to overrule an expulsion or suspension decision of appropriate school authorities.
Laws, 1979, ch. 506, § 73; Laws, 1980, ch. 550, § 26; Laws, 1985, ch. 486, § 3; Laws, 1992, ch. 322 § 1, eff. 4/20/1992.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-612 - Buddy's Law; order that a child adjudicated delinquent of certain offenses against domesticated dogs or cats receive psychiatric evaluation and counseling or treatment; statement of intent

(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 domesticated dog or cat as described in Section
97-41-16
, the youth court shall order that the child adjudicated delinquent receives a psychiatric evaluation and counseling or treatment for a length of time as prescribed by the youth court. The cost of any evaluation, counseling and treatment shall be paid by the offender's parent or guardian, or by the state if the offender is a ward of the state, upon order of the youth court, up to a maximum amount that is no more than the jurisdictional limit of the sentencing court. The youth court shall hold the offender's parent or guardian in contempt under Section
43-21-509
if the parent or guardian willfully does not follow the recommended treatment for the offender.
(3)
The Legislature does recognize that animal abuse by a child often leads to further criminal activity by the child as he or she ages. This activity is sometimes homicidal; however, it is the Legislature's intent that a mental health evaluation under this section is only required in extreme situations as prescribed in Section
97-41-16
. Further, it is the intent of the Legislature that a minor offense of abuse of a cat or dog by a child shall not require a mental health evaluation unless the judge, after a hearing, shall determine if the evaluation is necessary.
Added by Laws, 2022, ch. 423, SB 2245,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-614 - Notification of Attorney General when permanency plan changes to termination of parental rights or adoption

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.
Added by Laws, 2023, ch. 516, HB 1149,§ 106, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-615 - Costs of conveying and treatment

(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 the actual and necessary expenses of the child and the person actually conveying the child. In the case of a female child, the youth court shall designate some suitable woman to accompany her to the institution or agency.
(2)
Whenever a child is adjudicated delinquent and committed by the youth court to the custody of any person or agency other than the custody of a state training school, the youth court, after giving the responsible parent or guardian a reasonable opportunity to be heard, may order that the parent or guardian pay, upon such terms or conditions as the youth court may direct, such sum or sums as will cover, in whole or in part, the support of the child including any necessary medical treatment. The parent shall be provided an itemized bill of all costs and shall be given an opportunity to request an adjustment of the costs. If the parent or guardian shall willfully fail or refuse to pay such sum, he may be proceeded against for contempt of court as provided in this chapter.
Laws, 1979, ch. 506, § 71, eff. 7/1/1979.
Amended by Laws, 2013, ch. 552, HB 1516, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-617 - Protective orders

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 by the youth court to be encouraging, causing or contributing to the neglect or delinquency of such child, may be required by the youth court to do or to omit to do any act or acts that the judge may deem reasonable and necessary for the welfare of the child.
Laws, 1979, ch. 506, § 72, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-619 - Power to order parents to pay child's expenses and restitution or to participate in counseling or family treatment program; orders to constitute civil judgment

(1)
The youth court may order financially able parents to pay for court ordered medical and other examinations and treatment of a child; for reasonable attorney's fees and court costs; and for other expenses found necessary or appropriate in the best interest of the child as determined by the youth court. The youth court is authorized to enforce payments ordered under this subsection.
(2)
The youth court may order the parents, guardians or custodians who exercise parental custody and control of a child who is under the jurisdiction of the youth court and who has willfully or maliciously caused personal injury or damaged or destroyed property, to pay such damages or restitution through the court to the victim in an amount not to exceed the actual loss and to enforce payment thereof. Restitution ordered by the youth court under this section shall not preclude recovery of damages by the victim from such child or parent, guardian or custodian or other person who would otherwise be liable. The youth court also may order the parents, guardians or custodians of a child who is under the jurisdiction of the youth court and who willfully or maliciously has caused personal injury or damaged or destroyed property to participate in a counseling program or other suitable family treatment program for the purpose of preventing future occurrences of malicious destruction of property or personal injury.
(3)
Such orders under this section shall constitute a civil judgment and may be enrolled on the judgment rolls in the office of the circuit clerk of the county where such order was entered, and further, such order may be enforced in any manner provided by law for civil judgments.
Laws, 1989, ch. 441, § 4; Laws, 1993, ch. 560, § 4, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-621 - Power to order public school to enroll child; placement in alternative school program; school-related conditions of probation; notification of principal

(1)
The youth court may, in compliance with the laws governing education of children, order any state-supported public school in its jurisdiction after notice and hearing to enroll or reenroll any compulsory-school-age child in school, and further order appropriate educational services. Provided, however, that the youth court shall not order the enrollment or reenrollment of a student that has been suspended or expelled by a public school pursuant to Section
37-9-71
or
37-7-301
for possession of a weapon on school grounds, for an offense involving a threat to the safety of other persons or for the commission of a violent act. For the purpose of this section "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another. The superintendent of the school district to which such child is ordered may, in his discretion, assign such child to the alternative school program of such school established pursuant to Section
37-13-92
, Mississippi Code of 1972. The court shall have jurisdiction to enforce school and education laws. Nothing in this section shall be construed to affect the attendance of a child in a legitimate home instruction program.
(2)
The youth court may specify the following conditions of probation related to any juvenile ordered to enroll or reenroll in school: That the juvenile maintain passing grades in up to four (4) courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades.
(3)
If the adjudication of delinquency was for an offense involving a threat to the safety of the juvenile or others and school attendance is a condition of probation, the youth court judge shall make a finding that the principal of the juvenile's school should be notified. If the judge orders that the principal be notified, the youth court counselor shall within five (5) days or before the juvenile begins to attend school, whichever occurs first, notify the principal of the juvenile's school in writing of the nature of the offense and the probation requirements related to school attendance. A principal notified by a juvenile court counselor shall handle the report according to the guidelines and rules adopted by the State Board of Education.
(4)
The Administrative Office of the Courts shall report to the Legislature on the number of juveniles reported to principals in accordance with this section no later than January 1, 1996.
Laws, 1989, ch. 441, § 5; Laws, 1993, ch. 543, § 2; Laws, 1994, ch. 607, § 7, eff. 7/2/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-623 - Testing of juvenile delinquents under the jurisdiction of the youth court for HIV and AIDS

Any juvenile who is adjudicated a delinquent on or after July 1, 1994, as a result of committing a sex offense as defined in Section
45-33-23
or any offense involving the crime of rape and placed in the custody of the Mississippi Department of Human Services, Office of Youth Services, shall be tested for HIV and AIDS. Such tests shall be conducted by the State Department of Health in conjunction with the Office of Youth Services, Mississippi Department of Human Services at the request of the victim or the victim's parents or guardian if the victim is a juvenile. The results of any positive HIV or AIDS tests shall be reported to the victim or the victim's parents or guardian if the victim is a juvenile as well as to the adjudicated offender. The State Department of Health shall provide counseling and referral to appropriate treatment for victims of a sex offense when the adjudicated offender tested positive for HIV or AIDS if the victim so requests.
Laws, 1994, ch. 504, § 2; Laws, 2000, ch. 499, § 28, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › DISPOSITION (§§ 43-21-601 — 43-21-627) › Section 43-21-627 - Alternative work program; qualified offenders; volunteers; supervision; removal from program

Each youth court is authorized to establish a youth court work program as an alternative disposition for nonviolent offenders. The youth court work program shall be used only for first time nonviolent youth offenders. The court shall solicit and approve the assistance of volunteers from the area served by the youth court, including business and community volunteers. The court may require a nonviolent youth offender to work for a minimum of six (6) months with a court approved volunteer as part or all of a sentence imposed by the court. The volunteers shall provide a working environment as mentors to provide guidance and support and to teach the youth offender job skills. Each youth offender and volunteer shall be under the supervision of the court and shall make regular reports to the court as required by order of the court. If a youth offender violates the terms and conditions imposed by the court while participating in the youth court work program, the court is authorized to remove the offender from the program and impose any other disposition authorized by law.
Laws, 1998, ch. 407, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › APPEALS (§ 43-21-651) › Section 43-21-651 - Appeals to Supreme Court

(1)
(a)
The court to which appeals may be taken from final orders or decrees of the youth court shall be the Supreme Court of Mississippi pursuant to the Rules of Appellate Procedure. Final Orders in youth court include orders that grant durable legal custody or durable legal relative guardianship, transfer jurisdiction over the minor child to another court, such as for an adoption, or otherwise terminate the jurisdiction of the youth court over the minor child. All factual findings, legal determinations, and adjudication of issues by the youth court prior to the time the final order is entered are preserved for appellate review and any common law to the contrary is expressly abrogated. Any matters adjudicated by the youth court through interim orders such as adjudication/disposition orders, or permanency review orders, may be only appealed through the interlocutory appeal process provided by the Rules of Appellate Procedure.
(b)
The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this subsection.
(2)
In any case wherein an appeal is desired, written notice of intention to appeal shall be filed with the youth court clerk within the time, and costs in the youth court and the filing fee in the Supreme Court shall be paid, as is otherwise required for appeals to the Supreme Court. If the appellant shall make affidavit that he is unable to pay such costs and filing fee, he shall have an appeal without prepayment of court costs and filing fee. Only the initials of the child shall appear on the record on appeal.
(3)
The pendency of an appeal shall not suspend the order or decree of the youth court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution or agency to whose care such child shall have been committed, unless the youth court or Supreme Court shall so order. If appellant desires to appeal with supersedeas, the matter first shall be presented to the youth court. If refused, the youth court shall forthwith issue a written order stating the reasons for the denial, which order shall be subject to review by the Supreme Court. If the Supreme Court does not dismiss the proceedings and discharge the child, it shall affirm or modify or reverse the order of the youth court and remand the child to the jurisdiction of the youth court for placement and supervision in accordance with its order, and thereafter the child shall be and remain under the jurisdiction of the youth court in the same manner as if the youth court had made the order without an appeal having been taken.
(4)
Appeals from the youth court shall be preference cases in the Supreme Court.
Laws, 1979, ch. 506, § 74, eff. 7/1/1979.
Amended by Laws, 2024, ch. 531, SB 2792,§ 11, eff. 7/1/2024.
Amended by Laws, 2013, ch. 359, SB 2076, 1, eff. 3/18/2013.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEM AND PROCEDURES (§§ 43-21-701 — 43-21-703) › Section 43-21-703 - Duties of Commission

(1)
The commission shall study the youth court system in Mississippi, and prepare a report including any proposed changes in the youth court system and/or its procedures. It shall submit the report to the Legislature, on or before October 1, 2024, along with a report detailing any legislation which may be needed to implement the plan. In preparing the report, the commission shall evaluate the existing juvenile services in the state and may recommend changes in the organizational concepts, institutions, laws and resources.
(2)
In formulating its report, the commission shall take into consideration the following:
(a)
Whether a uniform statewide youth court system would be desirable;
(b)
How best the service needs of the state could be met in relation to the taxing and resource capacity of various multi-county districts now existing or proposed;
(c)
Whether counties in a given service area or district may develop district shelters, detention centers and diagnostic centers to serve a multi-county area; and
(d)
What proposals or alternatives would update or modernize the system to provide staffing for all counties and citizens.
(3)
The commission, in addition to recommending the plan described in this section, shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on the youth court system in Mississippi and shall conduct ongoing research relating to the improvement of the youth court system. Pursuant to its duties under this subsection, the commission may request the regular submission to it of such reports, information and statistics by the courts, judges, prosecuting attorneys and agencies of this state which the commission deems necessary for the development of its reports.
Laws, 1988, ch. 601, § 2, eff. 5/25/1988.
Amended by Laws, 2023, ch. 516, HB 1149,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › TEEN COURT PILOT PROGRAM ACT (§§ 43-21-751 — 43-21-755) › Section 43-21-751 - Short title

This article shall be known as the "Teen Court Pilot Program Act."
Laws, 1996, ch. 514, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › TEEN COURT PILOT PROGRAM ACT (§§ 43-21-751 — 43-21-755) › Section 43-21-753 - Establishment; teen court program

The youth court of any county in the state may establish a teen court program for the diversion of certain offenders who have waived all right of confidentiality and privilege against self-incrimination. The youth court of Rankin County may extend its teen court program within the city limits of Pearl. The offenders eligible to participate shall be those offenders who in the discretion of the youth court are suitable and compulsory-school-age children who have come into the jurisdiction of the youth court as a result of not attending school. The teen court shall be a preventive program for juveniles comprised of youth who are not less than thirteen (13) nor more than seventeen (17) years of age, which students shall serve as prosecutor, defense counsel, bailiff, court clerk and jurors. The program is to administer the "sentencing" or disposition phase of the proceedings against offenders who elect to participate, shall be under the guidance of the local youth court, and shall be approved by the local youth court. The youth court judge, or his designee who is a licensed attorney, shall preside. The teen court is authorized to require eligible offenders who choose to go to teen court in lieu of youth court to perform up to one hundred twelve (112) hours of community service, require offenders to make a personal apology to a victim, require offenders to submit a research paper on any relevant subject, attend counseling and make restitution or any other disposition authorized by the youth court. The youth court shall establish rules and regulations, including sentencing guidelines, for the operation of a teen court. The teen court is authorized to accept monies from any available public or private source, including public or private donations, grants, gifts and appropriated funds for funding expenses of operating the court.
Teen court may be held at whatever location the youth court selects at whatever time or times. Eligible offenders shall be only those children who agree to participate in the teen court and to abide by the teen court's rulings, whose parents or legal guardian shall also so agree, and who are otherwise qualified to participate.
The youth court judge may require an offender who elects to participate in the teen court to pay a fee not to exceed Five Dollars ($5.00); any such fees shall be used in administering this article, and the fee shall not be refunded, regardless of whether the child successfully completes the teen court program.
Laws, 1996, ch. 514, § 2; Laws, 1997, ch. 547, § 1; Laws, 2003, ch. 423, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › TEEN COURT PILOT PROGRAM ACT (§§ 43-21-751 — 43-21-755) › Section 43-21-755 - Instructional time

Any school participating in the Teen Court Program established by this article shall be allowed to credit the time of teachers and students spent in participating in teen court as instructional time.
Laws, 1996, ch. 514, § 2, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-901 - Short title

Sections
43-21-901
through
43-21-915
and Section
43-21-207
shall be cited as the "Mississippi Juvenile Detention Facilities Licensing Act."
Added by Laws, 2016, ch. 438, SB 2364, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-903 - Purpose

The purpose of Sections
43-21-901
through
43-21-915
is to protect and promote the health and safety of the children who are detained in juvenile detention centers in this state by providing for the licensing of juvenile detention facilities to assure that certain minimum standards are maintained.
Added by Laws, 2016, ch. 438, SB 2364, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-905 - Definitions

As used in Sections
43-21-901
through
43-21-915
, the following words shall have the following meanings:
(a)
"Facility administrator" means the principal official of the facility.
(b)
"Facility staff" means all employees of the facility who are under the supervision of the facility administrator.
(c)
"Juvenile detention facility" and "facility" are synonymous and each means a secure facility that house children who are charged with a delinquent act as defined in Section
43-21-105(j)
.
(d)
"Licensing agency" means the Juvenile Facilities Monitoring Unit of the Department of Public Safety.
Added by Laws, 2016, ch. 438, SB 2364, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-907 - Licensing agencies; powers and duties

(1)
The licensing agency shall have the following powers and duties, in addition to the other duties prescribed by law:
(a)
To adopt the licensing standards set forth by the Juvenile Detention and Alternatives Taskforce's 2014 report;
(b)
To promulgate future rules and regulations concerning the licensing and regulation of juvenile detention facilities;
(c)
To issue, deny, suspend, revoke, restrict, or otherwise take disciplinary action against juvenile detention facilities;
(d)
To provide the training required by the rules and regulations promulgated by the licensing agency to all facility administrators and facility staff; and
(e)
To have such other powers as may be required to carry out the provisions of Sections
43-21-901
through
43-21-915
.
(2)
The licensing agency shall require a criminal records background check and a child abuse registry check for all facility administrators and facility staff of a juvenile detention facility. The Department of Human Services has the authority to disclose to the licensing agency any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential.
(3)
The licensing agency shall have the authority to exclude individuals or entities for prospective or current employment on the basis of a particular crime or crimes or a substantiated finding of child abuse or neglect.
(4)
Information in the possession of the licensing agency concerning the license of a juvenile detention facility may be disclosed to the public, but the information shall not be disclosed in a manner that would identify children detained in the facility. Nothing in this section affects the agency's authority to release findings of investigations into allegations of abuse under either Section
43-21-353(8)
or Section
43-21-257
.
(5)
The Mississippi Department of Education is responsible for promulgating rules and regulations related to the education of all children housed in a juvenile detention facility. The Mississippi Department of Education must conduct inspections of the facility's educational services at least annually or more often as deemed necessary. After each inspection, the department must provide the licensing agency with its determination of the facility's compliance with the education provisions. The licensing agency shall use the information in its determination of the facility's eligibility for licensure.
Added by Laws, 2016, ch. 438, SB 2364, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-909 - Identification of existence of issues that might prevent licensure; license required to own, operate and maintain juvenile detention facility

Beginning October 1, 2016, the licensing agency shall conduct mock reviews of all juvenile detention facilities and determine what, if any, issues exist that may prevent licensure pursuant to the adopted rules and regulations. From and after October 1, 2017, no county or state entity shall establish, own, operate, and maintain a juvenile detention facility without a license issued under Sections
43-21-901
through
43-21-915
.
Added by Laws, 2016, ch. 438, SB 2364, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-911 - Biennial renewal of license

A license issued under Sections
43-21-901
through
43-21-915
must be renewed every two (2) years.
Added by Laws, 2016, ch. 438, SB 2364, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-913 - Compliance inspections by licensing agency

The licensing agency shall make inspections to determine ongoing compliance with the laws and regulations governing the licensure of juvenile detention facilities. Inspections shall be made at least twice a year, but additional inspections may be made as often as deemed necessary by the licensing agency. The licensing agency is not required to provide any notice to the facility before making an inspection.
Added by Laws, 2016, ch. 438, SB 2364, 7, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT (§§ 43-21-901 — 43-21-915) › Section 43-21-915 - Denial, refusal to renew, suspension, revocation or restriction of license

(1)
The licensing agency may deny or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2)
Before the licensing agency may deny or refuse to renew a license, the county or contractor operating the juvenile detention facility is entitled to a hearing before the director of the licensing agency in order to show cause why the license should not be denied or should be renewed.
(3)
The licensing agency may suspend, revoke, or restrict the license of any juvenile detention center upon one or more of the following grounds:
(a)
Fraud, misrepresentation or concealment of material facts;
(b)
Violation of any of the provisions of Sections
43-21-901
through
43-21-915
or any of the regulations governing the licensing and regulation of juvenile detention facilities promulgated by the licensing agency;
(c)
Any conduct, or failure to act that is found or determined by the licensing agency to threaten the health and safety of children at the facility;
(d)
Failure of a juvenile detention facility to conduct background checks as required under Section
43-21-907
.
(e)
Information that is received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all facility administrators and facility staff under Section
43-21-907
.
(4)
The licensing agency shall develop rules and regulations related to the development and implementation of corrective action plans to address violations at facilities before a revocation, suspension, or restriction of the facility's license.
(5)
Before the licensing agency may suspend, revoke or restrict the license of a facility, the county or contractor affected by that decision is entitled to a hearing before the director of the licensing agency in which it may show cause why the license should not be suspended, revoked, or restricted.
(6)
A juvenile detention facility that disagrees with or is aggrieved by the licensing agency in regard to the denial, refusal to renew, or the suspension, revocation, or restriction of the license for the juvenile detention facility may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the licensing agency.
Added by Laws, 2016, ch. 438, SB 2364, 8, eff. 7/1/2016.