Any person found by the court to have a direct interest in the cause shall have the right to appear and be represented by legal counsel.
Additionally, if the child is an alleged child in need of supervision, the court shall explain the procedures set forth in Rule 10 of these rules for holding the child in secure juvenile detention for a violation of a valid court order.
The court should then ascertain whether the parties before the court are represented by counsel. If the party wishes to retain counsel, the court shall continue the hearing for a reasonable time to allow the party to obtain and consult with counsel of the party's own choosing. If an indigent child does not have counsel, the court shall appoint counsel to represent the child and shall continue the hearing for a reasonable time to allow the child to consult with the appointed counsel.
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, which shall include the foster parent(s) and the residential child caring agency providing care for the child. The court may exclude the attendance of a child from an adjudication hearing in neglect and abuse cases with consent of the child's guardian ad litem or legal counsel.
The court should then ascertain whether the parties before the court are represented by counsel. If the party wishes to retain counsel, the court shall continue the hearing for a reasonable time to allow the party to obtain and consult with counsel of the party's own choosing. If an indigent child does not have counsel, the court shall appoint counsel to represent the child and shall continue the hearing for a reasonable time to allow the child to consult with the appointed counsel.
Comments & Procedures
Rule 24(a)(1), -(b)(1).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-551(2008).
Our court has strictly construed section 43-21-551 of the Mississippi Code, the basis for Rule 24(a)(1) and (b)(1). See, e.g., D.D.B. v. Jackson County Youth Court, 816 So. 2d 380, 383 (Miss. 2002) ("[Section 43-21-551(1)] does not say that an order must be entered within the ninety (90) day period. The statute only says that an adjudicatory hearing shall be held within ninety (90) days or it shall be dismissed, unless the hearing is continued upon a showing of good cause."); In re C.R., 604 So. 2d 1079, 1081 (Miss. 1992) ("The [adjudicatory] proceeding's postponement . . . is without consequence since § 43-21-551 provides that a hearing may be continued upon a showing of good cause.").
Rule 24(a)(2), -(b)(2).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-553(2008).
Rule 24(a)(3).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-555(2008).
Rule 24(a)(4), -(b)(3).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-203(2008).
All cases involving children must be heard separately from the trial of cases involving adults. This is consistent with the confidential and rehabilitative nature of youth court proceedings. An effective method to assure compliance is for the court to schedule its adult cases and youth court proceedings on separate days.
In child protection proceedings, the foster parent(s) and the residential child caring agency providing care for the child are entitled to appear at the adjudication hearing. See also Miss. Code Ann. 43-15-13(11) (providing rights to be extended to foster parents). If a party invokes Rule 615 of the Mississippi Rules of Evidence, the court should take the testimony of the foster parent(s) and the representative of the residential child caring agency prior to taking the testimony of other witnesses.
Rule 24(a)(4)(i), -(b)(3)(i).
Adjudicatory hearings are conducted without a jury. See McKeiver v. Pennsylvania, 403 U.S. 528, 545 (1971) ("[T]rial by jury in the juvenile court's adjudicative stage is not a constitutional requirement."); Hopkins v. Youth Court, 227 So. 2d 282, 285 (Miss. 1969) ("[W]e hold that the [youth] court did not err in denying a jury trial."). Rule 24(a)(4)(ii), -(b)(3)(ii). Adjudication hearings are conducted under the rules of evidence and rules of court as may comply with constitutional standards. See M.R.E. 101 ("These rules govern proceedings in the courts of the State of Mississippi to the extent and with the exceptions stated in rule 1101."). See generally Application of Gault, 387 U.S. 1 (1967); Patterson v. Hopkins, 350 F. Supp. 676, 683 (N.D. Miss. 1972) ("Gault decided that, although the Fourteenth Amendment does not require that the hearing at this stage conform with all the requirements of a criminal trial or even of the usual administrative proceeding, the Due process Clause does require application during the adjudicatory hearing of '"the essentials of due process and fair treatment."'").
Rule 24(a)(5), -(b)(4).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-557(2008).
At the beginning of each adjudicatory hearing, the court is required to verify certain information and to explain certain procedures and rights. See In re J.N., 915 So. 2d 1076, 1079-80 (Miss. Ct. App. 2005) ("A child in youth court proceedings is entitled to certain due process rights that cannot be ignored. At the beginning of an adjudicatory hearing, the youth court must explain to the parties the purpose of the hearing, the possible disposition alternatives, the right to counsel, the right to remain silent, the right to subpoena witnesses, the right to cross-examine witnesses testifying against him, and the right to appeal.").
Rule 24(a)(6), -(b)(5).
These provisions comport with the statutory procedures. See Miss. Code Ann. §§ 43-21-203(9)(b), -559 (2008). M.R.E. 101 provides: These rules govern proceedings in the courts of the State of Mississippi to the extent and with the exceptions stated in rule 1101.
M. R.E. 1101(b) provides in part:Rules Inapplicable. Except for the rules pertaining to privileges, these rules do not apply in the following situations:
Rule 24(a)(7), -(b)(6).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-559(4) (2008).
Rule 24(a)(8), -(b)(7).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-561(2008). The burden of proof in delinquency and children in need of supervision proceedings is proof beyond a reasonable doubt. See In re Winship, 397 U.S. 358, 368 (1970); L.M. v. State, 600 So. 2d 967, 969 (Miss. 1992); In re Dennis, 291 So. 2d 731, 733 (Miss. 1974). The burden of proof in child protection proceedings is proof by a preponderance of the evidence. See E.S. v. State, 567 So. 2d 848, 850 (Miss. 1990).
Rule 24(a)(9), -(b)(8).
These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-557(4) (2008).
Miss. R. Youth Ct. Prac. 24