Custody shall be deemed necessary:
The child with advice of counsel may waive in writing the time of the detention hearing or the detention hearing itself.
Comments & Procedures
Rule 16(a), -(b).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-309(2008).
Rule 16(a)(4)(ii), -(b)(4)(ii).
Factors the court may consider in determining whether custody is necessary include: the child's family ties and relationships; the child's prior delinquency record; the violent nature of the alleged offense; the child's prior history of committing acts that resulted in bodily injury to others; the child's character and mental condition; the court's ability to supervise the child if placed with a parent or relative; the child's ties to the community; the risk of nonappearance; the danger to the child or public if the child is released; another petition is pending against the child; the home conditions of the child; and a violation of a valid court order. Accord Michigan Court Rule 3.935(C). The court must include its findings in the detention or shelter order.
Rule 16(b)(4)(iii).
For purposes of eligibility of foster care maintenance payments under Title IV-E of the Social Security Act, the "reasonable efforts" determination must be made no later than 60 days from the date the child is removed from the home. See 42 U.S.C. §§ 672(a)(2)(A), -671(a)(15) (2008); 45 C.F.R. § 1356.21(b)(1) (2008).
For purposes of eligibility of foster care maintenance payments under Title IV-E of the Social Security Act, the "contrary to the welfare" determination must be made in the first court ruling that sanctions (even temporarily) the removal of a child from the home. See 42 U.S.C. § 672(a)(2)(A) (2008); 45 C.F.R. § 1356.21(c) (2008).
Federal Requirements
These rules require compliance with federal laws and regulations which impact funding for cases within the jurisdiction of the youth court. See U.R.Y.C.P. 7. Failure to comply results in the loss of federal monies crucial in achieving the best interests of the child and the interest of justice. Federal laws and regulations applicable to detention/shelter hearings include:
Reasonable efforts determination.
45 C.F.R. § 1356.21 (2008) provides in part:
Contrary to the welfare determination.
45 C.F.R. § 1356.21 (2008) provides in part:
Miss. R. Youth Ct. Prac. 16