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) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-109 - Youth court facilities

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 condemnation, by purchase or donation, may issue bonds as now provided by law for the purpose of purchasing, constructing, remodeling or maintaining such facilities; may expend necessary funds from the general fund to construct and maintain such facilities, and may employ architects to design or remodel such facilities. Such facilities may include a place for housing youth court facilities and personnel.
Laws, 1979, ch. 506, § 5; Laws, 1980, ch. 550, § 3, 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) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-113 - Special judge

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 the duties of the regular judge. The compensation for the special judge shall be fixed on order of the judge as provided in Section
43-21-123
on the basis of a statement as to the time and expense incurred by the special judge and shall be paid by the county out of any available funds. In the case of recusal, a judge shall be selected as provided by law.
Laws, 1979, ch. 506, § 7; Laws, 1993, ch. 560, § 2, 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) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-115 - Intake unit

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 youth court intake unit is not already a salaried public employee, the salary for such person shall be fixed on order of the judge as provided in Section
43-21-123
and shall be paid by the county or municipality, as the case may be, out of any available funds budgeted for the youth court by the board of supervisors.
Laws, 1979, ch. 506, § 8; Laws, 1997, ch. 440, § 3, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-117 - Youth court prosecutor

(1)
The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.
(2)
The county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section
43-21-123
, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor; provided that the district attorney may participate in transfer proceedings.
(3)
The judge may designate as provided in Section
43-21-123
some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section
43-21-123
and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors, unless the designated youth court prosecutor or prosecutors serves in a municipal youth court division, in which case he shall be paid a fee or salary fixed on order of the judge from the funds available to the municipality.
(4)
All youth court prosecutors and county prosecuting attorneys who serve as youth court prosecutors shall be required to receive juvenile justice training approved by the Mississippi Attorney General's office and regular annual continuing education in the field of juvenile justice. The Mississippi Attorney General's office shall determine the amount of juvenile justice training and annual continuing education which shall be satisfactory to fulfill the requirements of this subsection. The Administrative Office of Courts shall maintain a roll of youth court prosecutors, shall enforce the provisions of this subsection and shall maintain records on all such youth court prosecutors regarding such training. Should a youth court prosecutor miss two (2) consecutive training sessions sponsored by the Mississippi Attorney General's office as required by this subsection or fail to attend one (1) such training session within six (6) months of their designation as youth court prosecutor, the youth court prosecutor shall be disqualified to serve and be immediately removed from the office of youth court prosecutor and another youth court prosecutor shall be designated.
Laws, 1979, ch. 506, § 9; Laws, 1980, ch. 550, § 4; Laws, 1997, ch. 440, § 4; Laws, 1998, ch. 367, § 2, 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) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-119 - Youth court personnel

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 court. The cost of these persons appointed by the youth court shall be paid as provided in Section
43-21-123
out of any available funds budgeted for the youth court by the board of supervisors.
Laws, 1979, ch. 506, § 10, 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) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-123 - Expenditures by the youth court

Except for expenses provided by state funds and/or other monies, the board of supervisors, or the municipal governing board where there is a municipal youth court, 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 or family courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.
The board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.
Laws, 1979, ch. 506, § 12; Laws, 1989, ch. 441, § 2, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-125 - Council of youth court judges

(1)
There shall be a Mississippi Council of Youth Court Judges which shall be the official organization of the judges having youth court jurisdiction in this state. The membership of the council shall consist of all the judges and referees of youth courts in the State of Mississippi.
(2)
The Mississippi Council of Youth Court Judges is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary to the conduct of its affairs.
(3)
The council may elect officers and provide for such meetings of the council as it deems necessary. The council shall meet at least annually for the consideration of:
(a)
any and all matters pertaining to the discharge of the official duties and obligations of its members; and
(b)
problems that have arisen in connection with the operation of the youth courts in any county or in all counties in order to improve the administration of juvenile justice in the state.
(4)
The council shall publish and submit to the governor, the chief justice of the supreme court, and the Mississippi Judicial Council an annual report of the operations which shall include financial and statistical data and may include suggestions and recommendations for legislation.
(5)
The council is authorized to receive and expend any funds which may become available from the federal government to carry out any of the purposes of this chapter, and to this end the council may meet any federal requirements not contrary to state law which may be conditions precedent to receiving such federal funds.
(6)
The council may cooperate with the federal government in a program for training personnel employed or preparing for employment by the youth court and may receive and expend funds from federal or state sources or from private donations for such purposes. The council may contract with public or nonprofit institutions of higher learning for the training of such personnel, may conduct short-term training courses of its own, may hire experts on a temporary basis for such purpose and may cooperate with the department of youth services or other state departments or agencies in personnel training programs.
Laws, 1979, ch. 506, § 13, 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) › ORGANIZATION, ADMINISTRATION AND OPERATION (§§ 43-21-101 — 43-21-127) › Section 43-21-127 - Cooperation

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 or agencies having for their object the protection or aid of children.
Laws, 1979, ch. 506, § 14, 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) › JURISDICTION (§§ 43-21-151 — 43-21-159) › Section 43-21-153 - Powers of youth court; contempt

(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 comply with any order of the youth court shall be in contempt of court and punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in jail not to exceed ninety (90) days, or by both such fine and imprisonment.
Laws, 1979, ch. 506, § 16, 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) › JURISDICTION (§§ 43-21-151 — 43-21-159) › Section 43-21-155 - Venue

(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 case at any stage of the proceeding for disposition to the county where the child resides or to a county where a youth court has previously acquired jurisdiction.
(2)
If a child is alleged to be an abused or neglected child, the proceedings shall be commenced in the county where the child's custodian resides or in the county where the child is present when the report is made to the intake unit. After adjudication the youth court may transfer the case at any stage of the proceeding for disposition to the county where the child resides or to a county where a youth court has previously acquired jurisdiction if that is in the best interest of the child.
Laws, 1979, ch. 506, § 17; Laws, 1999, ch. 329, § 2, eff. 7/1/1999.
Amended by Laws, 2019, ch. 464, SB 2840,§ 8, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › PROVISIONS APPLICABLE TO ALL PROCEEDINGS (§§ 43-21-201 — 43-21-207) › Section 43-21-203 - Conduct of proceedings

(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 may be recessed from time to time.
(4)
All hearings shall be conducted under such rules of evidence and rules of court as may comply with applicable constitutional standards.
(5)
No proceeding by the youth court in cases involving children shall be a criminal proceeding but shall be entirely of a civil nature.
(6)
The general public shall be excluded from the hearing, and only those persons shall be admitted who are found by the youth court to have a direct interest in the cause or work of the youth court. Any person found by the youth court to have a direct interest in the cause shall have the right to appear and be represented by legal counsel.
(7)
In all hearings, a complete record of all evidence shall be taken by stenographic reporting, by mechanical or electronic device or by some combination thereof.
(8)
The youth court may exclude the attendance of a child from a hearing in neglect and abuse cases with consent of the child's counsel. The youth court may exclude the attendance of a child from any portion of a disposition hearing that would be injurious to the best interest of the child in delinquency and children in need of supervision cases with consent of the child's counsel.
(9)
All parties to a youth court cause shall have the right at any hearing in which an investigation, record or report is admitted in evidence:
(a)
To subpoena, confront and examine the person who prepared or furnished data for the report; and
(b)
To introduce evidence controverting the contents of the report.
(10)
Except as provided by Section
43-21-561(5)
or as otherwise provided by this chapter, the disposition of a child's cause or any evidence given in the youth court in any proceedings concerning the child shall not be admissible against the child in any case or proceeding in any court other than a youth court.
(11)
An order or ruling of the youth court judge delivered orally must be reduced to writing within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays.
Laws, 1979, ch. 506, § 21; Laws, 1980, ch. 550, § 9, eff. 7/1/1980.
Amended by Laws, 2019, ch. 464, SB 2840,§ 6, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › PROVISIONS APPLICABLE TO ALL PROCEEDINGS (§§ 43-21-201 — 43-21-207) › Section 43-21-205 - Court costs and fees

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 for any service rendered to the youth court or for attendance in the youth court in any proceedings under this chapter; but the fees of the circuit and chancery clerks in youth court cases originating by petition shall be paid as is provided by law for like services in other cases and shall be paid by the county on allowance of the board of supervisors on an itemized cost bill approved by the judge. These costs shall be paid out of the general fund. No clerk shall be allowed compensation for attendance in youth court.
Laws, 1979, ch. 506, § 22; Laws, 1999, ch. 400, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › PROVISIONS APPLICABLE TO ALL PROCEEDINGS (§§ 43-21-201 — 43-21-207) › Section 43-21-207 - Admissibility of statements made by or information obtained from child during screening, assessment or treatment

(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, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under the Youth Court Act or on the issue of guilt in any criminal proceedings.
(2)
The provisions of subsection (1) of this section are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency or criminal proceedings of information obtained during screening, assessment or treatment.
Added by Laws, 2016, ch. 438, SB 2364, 11, 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) › RECORDS (§§ 43-21-251 — 43-21-267) › Section 43-21-253 - [Repealed]

Repealed by Laws, 1997, ch. 440, § 7, eff. 7/1/1997.
Laws, 1979, ch. 506, § 24.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › RECORDS (§§ 43-21-251 — 43-21-267) › Section 43-21-259 - Confidentiality of other records involving children

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
.
Laws, 1979, ch. 506, § 27, 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) › RECORDS (§§ 43-21-251 — 43-21-267) › Section 43-21-263 - Sealing of records

(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.
(2)
The youth court may, at any time, upon its own motion or upon application of a party to a youth court cause, order the sealing or unsealing of the records involving children.
Laws, 1979, ch. 506, § 29; Laws, 1980, ch. 550, § 12, 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) › RECORDS (§§ 43-21-251 — 43-21-267) › Section 43-21-265 - Destruction of records

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 destruction by an appropriate means specified by the youth court and shall require the persons to file with the youth court a written report of compliance with the order. No records, however, may be destroyed without the approval of the director of the department of archives and history.
Laws, 1979, ch. 506, § 30; Laws, 1980, ch. 550, § 13; Laws, 1981, ch. 501, § 24, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › RECORDS (§§ 43-21-251 — 43-21-267) › Section 43-21-267 - Penalty for violation

(1)
Any person who shall disclose or encourage the disclosure of any records involving children or the contents thereof without the proper authorization under this chapter shall be guilty of a misdemeanor and punished, upon conviction, by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail of not more than one (1) year or by both such fine and imprisonment.
(2)
Nothing herein shall prevent the youth court from finding in civil contempt, as provided in Section
43-21-153
, any person who shall disclose any records involving children or the contents thereof without the proper authorization under this chapter.
Laws, 1979, ch. 506, § 31, 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) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-305 - Noncustodial interrogation

A law enforcement officer may stop any child abroad in a public place whom the officer has probable cause to believe is within the jurisdiction of the youth court and may question the child as to his name, address and explanation of his actions.
Laws, 1979, ch. 506, § 34, 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) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-307 - Temporary custody

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 his designee finds there are grounds to issue a custody order as defined in Section
43-21-301
and such custody order complies with the detention requirements provided in Section
43-21-301(6)
.
Laws, 1979, ch. 506, § 35; Laws, 1993, ch. 439, § 2, eff. 3/27/1993.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-311 - Rights in custody

(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 counsel;
(d)
All rules and regulations of the place at which he is held;
(e)
The time and place of the detention hearing when the time and place is set; and
(f)
The conditions of his custody which shall be in compliance with the detention requirements provided in Section
43-21-301(6)
.
These rights shall be posted where the child may read them, and such rights must be read to the child when he or she is taken into custody.
(2)
When a child is taken into custody, the child may immediately telephone his parent, guardian or custodian; his counsel; and personnel of the youth court. Thereafter, he shall be allowed to telephone his counsel or any personnel of the youth court at reasonable intervals. Unless the judge or his designee finds that it is against the best interest of the child, he may telephone his parent, guardian or custodian at reasonable intervals.
(3)
When a child is taken into custody, the child may be visited by his counsel and authorized personnel of the youth court at any time. Unless the judge or his designee finds it to be against the best interest of the child, he may be visited by his parent, guardian or custodian during visiting hours which shall be regularly scheduled at least three (3) days per week. The youth court may establish rules permitting visits by other persons.
(4)
Except for the child's counsel, guardian ad litem and authorized personnel of the youth court, no person shall interview or interrogate a child held in a detention or shelter facility unless approval therefor has first been obtained from the judge or his designee. When a child in a detention or shelter facility is represented by counsel or has a guardian ad litem, no person may interview or interrogate the child concerning the violation of a state or federal law, or municipal or county ordinance by the child unless in the presence of his counsel or guardian ad litem or with their consent.
Laws, 1979, ch. 506, § 37; Laws, 1993, ch. 439, § 4; Laws, 2006, ch. 539, § 3, eff. 7/1/2006.
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 43-21-313 - Release from custody upon change of circumstances

(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 by the child; by the child's parent, guardian or custodian; by the child's counsel; or by the child's guardian ad litem, if any.
(3)
Based upon the facts stated in the request, the judge may direct that a hearing be held at a date, time and place as fixed by the youth court. Reasonable notice of the hearing shall be given to the child; his parent, guardian or custodian; his counsel; and his guardian ad litem, if any, prior to the hearing. At the hearing, upon receiving evidence, the youth court may grant or deny the request.
(4)
A child held in custody in violation of Section
43-21-301(6)
shall be immediately transferred to a proper juvenile facility.
Laws, 1979, ch. 506, § 38; Laws, 1993, ch. 439, § 5, eff. 3/27/1993.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-315 - Designation of facilities

(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 enforcement agencies within the territorial jurisdiction of the youth court.
(2)
Except as otherwise provided in this chapter, unless jurisdiction is transferred, no child shall be placed in any jail or place of detention of adults by any person or court unless the child shall be physically segregated from other persons not subject to the jurisdiction of the youth court and the physical arrangement of such jail or place of detention of adults prevents such child from having substantial contact with and substantial view of such other persons; but in any event, the child shall not be confined anywhere in the same cell with persons not subject to the jurisdiction of the youth court. Any order placing a child into custody shall comply with the detention requirements provided in Section
43-21-301(6)
. This subsection shall not be construed to apply to commitments to the training school under Section
43-21-605(1)(g)(iii)
.
(3)
Any child who is charged with a hunting or fishing violation, a traffic violation, or any other criminal offense for which the youth court shall have power on its own motion to remove jurisdiction from any criminal court, may be detained only in the same facilities designated by the youth court for children within the jurisdiction of the youth court.
(4)
After a child is ordered into custody, the youth court may arrange for the custody of the child with any private institution or agency caring for children, may commit the child to the Department of Mental Health pursuant to Section
41-21-61
et seq., or may order the Department of Human Services or any other public agency to provide for the custody, care and maintenance of such child. Provided, however, that the care, custody and maintenance of such child shall be within the statutory authorization and the budgetary means of such institution or facility.
Laws, 1979, ch. 506, § 39; Laws, 1980, ch. 550, § 16; Laws, 1993, ch. 439, § 6; Laws, 1996, ch. 430, § 1, eff. 3/25/1996.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-317 - [Repealed]

Repealed by Laws, 2000, ch. 570, § 2, eff. 7/1/2001.
Laws, 1994, ch. 359, § 1; Laws, 1995, ch. 546, § 1; reenacted and amended, Laws, 1998, ch. 379, § 1; Laws, 1999, ch. 554, § 1; Laws, 2000, ch. 570, § 1, 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) › CUSTODY AND DETENTION (§§ 43-21-301 — 43-21-325) › Section 43-21-319 - Correctional facility for juveniles in need of supervision authorized to be built in Tallahatchie County

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 Tallahatchie County. The juveniles housed under the provisions of this section and sentenced under the laws of the federal government or its territories or another state shall be under the jurisdiction of the youth or juvenile court or committing jurisdiction in which the juvenile was found to be delinquent or in need of supervision.
Laws, 1999, ch. 586, § 2, eff. 4/22/1999
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 43-21-324 - Training for all Juvenile Facilities Monitoring Unit employees and juvenile detention center administrators

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, or as a court-appointed monitor. The contractor shall provide training to all of the Juvenile Facilities Monitoring Unit employees within six (6) months of April 1, 2014. All employees of the Monitoring Unit must successfully complete the training as determined by the juvenile justice expert through the use of a pretest and posttest, facility tour, or any other criteria the expert selects. The training shall include interviewing skills, report writing, and information regarding standard practices in juvenile detention centers. In addition to the training for the Juvenile Facilities Monitoring Unit, the Department of Public Safety shall arrange for at least eight (8) hours of training for the administrators of the juvenile detention centers in the state by the juvenile justice expert. The Department of Public Safety shall ensure that its contract with the juvenile justice expert includes a provision for technical assistance to the staff of the Juvenile Facilities Monitoring Unit for at least six (6) months after the completion of the training.
Added by Laws, 2014, ch. 471, § 2, eff. 4/1/2014.
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 43-21-325 - 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

(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)
Deinstitutionalization of status offenders;
(b)
Separation of juveniles from incarcerated adults;
(c)
Removal of juveniles from adult jails and lockups; and
(d)
Disproportional minority contact.
(2)
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).
Laws, 2009, ch. 398, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › INTAKE (§§ 43-21-351 — 43-21-357) › Section 43-21-351 - [Repealed Effective 7/1/2026] Reception of information

(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 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.
(2)
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 Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection 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.
(3)
Each intake officer shall receive, at a minimum, six (6) hours of annual training on MYCIDS provided by the Mississippi Judicial College. The required training under this subsection shall be in addition to technical training provided by the Mississippi Supreme Court MYCIDS Information Technology Department.
(4)
The Mississippi Judicial College, in conjunction with the Administrative Office of Courts, shall develop training materials on MYCIDS:
(a)
To ensure the accurate and timely entrance of all intake and case information throughout the state by intake officers;
(b)
To ensure that youth court judges are equipped to oversee the functions of each intake officer.
(5)
The provisions of this section shall stand repealed on July 1, 2026.
Laws, 1979, ch. 506, § 40; Laws, 1998, ch. 367, § 4, eff. 7/1/1998.
Amended by Laws, 2024, ch. 531, SB 2792,§ 12, eff. 7/1/2024.
Amended by Laws, 2024, ch. 480, HB 1315,§ 5, eff. 5/8/2024.
Amended by Laws, 2023, ch. 516, HB 1149,§ 59, eff. 7/1/2023.
Amended by Laws, 2015, ch. 418, HB 627, 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › INTAKE (§§ 43-21-351 — 43-21-357) › Section 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
shall be maintained by the Department of Child Protection Services, or its successor, on a twenty-four-hour seven (7) days a week basis.
Laws, 1989, ch. 566, § 2, eff. 4/21/1989.
Amended by Laws, 2023, ch. 516, HB 1149,§ 60, 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) › INTAKE (§§ 43-21-351 — 43-21-357) › Section 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 an investigation, evaluation or judicial proceeding resulting from the report shall be presumed to be acting in good faith. Any person or institution reporting or participating in an investigation, evaluation or judicial proceeding resulting from the report in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
Laws, 1979, ch. 506, § 42; Laws, 1980, ch. 550, § 18; Laws, 1982, Ex Sess, ch. 17, § 22; Laws, 1993, ch. 522, § 2; Laws, 1994, ch. 591, § 4; Laws, 2004, ch. 489, § 4; Laws, 2006, ch. 430, § 1; Laws, 2006, ch. 600, § 5, eff. 7/1/2006.
Amended by Laws, 2021, ch. 458, HB 356,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › INTAKE (§§ 43-21-351 — 43-21-357) › Section 43-21-357 - Intake procedure

(1)
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 Child Protection Services, the Department of Human Services - Division 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 Child Protection 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:
(a)
That the youth court take no action;
(b)
That an informal adjustment be made;
(c)
That the Department of Child Protection Services monitor the child, family and other children in the same environment;
(d)
That the child is warned or counseled informally;
(e)
That the child be referred to the youth court intervention court; or
(f)
That a petition be filed.
(2)
The youth court shall then, without a hearing:
(a)
Order that no action be taken;
(b)
Order that an informal adjustment be made;
(c)
Order that the Department of Child Protection Services monitor the child, family and other children in the same environment;
(d)
Order that the child is warned or counseled informally;
(e)
That the child be referred to the youth intervention court; or
(f)
Order that a petition be filed.
(3)
If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
Laws, 1979, ch. 506, § 43; Laws, 1986, ch. 416, § 2; Laws, 1997, ch. 440, § 11; Laws, 1998, ch. 367, § 5; Laws, 2012, ch. 410, § 1, eff. 4/18/2012.
Amended by Laws, 2023, ch. 516, HB 1149,§ 61, eff. 7/1/2023.
Amended by Laws, 2019, ch. 466, HB 1352,§ 25, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › INFORMAL PROCEEDINGS (§§ 43-21-401 — 43-21-407) › Section 43-21-401 - Informal adjustment

(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, guidance or services to the child and his parent, guardian or custodian;
(c)
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.
(2)
If authorized by the youth court, informal adjustment may be commenced after the filing of a petition.
(3)
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
.
Laws, 1979, ch. 506, § 44, 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) › INFORMAL PROCEEDINGS (§§ 43-21-401 — 43-21-407) › Section 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.
Laws, 1979, ch. 506, § 45, 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) › INFORMAL PROCEEDINGS (§§ 43-21-401 — 43-21-407) › Section 43-21-407 - Termination of informal adjustment

(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 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.
(2)
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:
(a)
denies the jurisdiction of the youth court;
(b)
declines to participate in the informal adjustment process;
(c)
expresses a desire that the facts be determined by the youth court;
(d)
fails without reasonable excuse to attend scheduled meetings;
(e)
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.
Laws, 1979, ch. 506, § 47, 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) › PETITION (§§ 43-21-451 — 43-21-459) › Section 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.
Laws, 1979, ch. 506, § 48; Laws, 1980, ch. 550, § 19; Laws, 1997, ch. 440, § 12, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 21 - YOUTH COURT (§§ 43-21-1 — 43-21-915) › PETITION (§§ 43-21-451 — 43-21-459) › Section 43-21-453 - Style of petition

The petition shall be entitled "IN THE INTEREST OF ____________________."
Laws, 1979, ch. 506, § 49, 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) › PETITION (§§ 43-21-451 — 43-21-459) › Section 43-21-455 - Content of petition

(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, 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;
(c)
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;
(d)
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.
(e)
a prayer for the type of adjudicatory relief sought; and
(f)
if any of the facts herein required are not known by the petitioner.
(2)
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.
(3)
Two (2) or more children may be the subject of the same petition if:
(a)
they are siblings; and
(b)
they are alleged to be neglected or abused from a common source of mistreatment or neglect.
(4)
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.
(5)
The petition may contain a motion to transfer.
Laws, 1979, ch. 506, § 50; Laws, 1980, ch. 550, § 20, 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) › PETITION (§§ 43-21-451 — 43-21-459) › Section 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.
Laws, 1979, ch. 506, § 51, 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) › PETITION (§§ 43-21-451 — 43-21-459) › Section 43-21-459 - Responsive pleadings

No party shall be required to file a responsive pleading.
Laws, 1979, ch. 506, § 52, eff. 7/1/1979.