(a) Delinquency proceedings. (1) Authorized dispositions. In delinquency cases, the disposition order may include any of the alternatives as set forth in section 43-21-605(1) of the Mississippi Code. Additionally, the court may order: (i) drug testing pursuant to section 43-21-605(8) of the Mississippi Code; (ii) any appropriate disposition designed for the treatment and care of a child in need of special care, including civil commitment to a state institution providing care for that disability or infirmity, pursuant to section 43-21-611 of the Mississippi Code; (iii) parents or guardians to pay for the support of the child placed in custody of any person or agency (other than the custody of a state training school), including any necessary medical treatment, pursuant to section 43-21-615(2) of the Mississippi Code; (iv) parents or guardians of a child placed in a state-supported training school to receive counseling and parenting classes pursuant to section 43-21-605(4) of the Mississippi Code; (v) any person found encouraging, causing, or contributing to the delinquency of the child to do or omit to do any act deemed reasonable and necessary for the welfare of the child pursuant to section 43-21-617 of the Mississippi Code; (vi) 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 pursuant to section 43-21-619(1) of the Mississippi Code; (vii) parents, guardians or custodians who exercise parental custody or control of a child who has willfully or maliciously caused personal injury or damaged or destroyed property to pay damages or restitution and to participate in a counseling program or other suitable family treatment program for the purpose of preventing future occurrences pursuant to section 43-21-619(2) of the Mississippi Code; (viii) enrollment or reenrollment of any compulsory-school-age child in school (but in no event may a child who has been expelled from a school district for commission of a "violent act", as such term is defined under section 43-21-605(8) of the Mississippi Code, be placed in another school district),and further order appropriate education services, pursuant to section 43-21-621 of the Mississippi Code. (2) Two or more offenses alleged in same petition. The court shall enter a separate disposition on each adjudicated count. The court may order the disposition of any count to run concurrent or consecutive to any other count(s) or current disposition(s), as it deems in the best interest of the child and in the interest of justice. (3) Additional matters pertaining to delinquency orders. (i) Admission packet to be provided to training school. If the disposition ordered by the court includes placing the child in the custody of a training school, an admission packet shall be prepared for the child and provided to the training school pursuant to section 43-21-603(8) of the Mississippi Code. The admittance of any child to a training school shall take place between the hours of 8:00 a.m. and 3:00 p.m. on designated admission days. (ii) Detention facility to comply with educational services requirement. If a disposition order requires placement of a child in a juvenile detention facility, the facility shall comply with the educational services requirements of section 43-21-321 of the Mississippi Code.(iii) School to be notified if child is to miss school due to other placement. If a disposition order requires that a child miss school due to other placement, the court shall notify a child's school while maintaining the confidentiality of the court process pursuant to section 43-21-605(2) of the Mississippi Code. (iv) Institution or agency to provide information to court. Any institution or agency to which a child has been committed shall give to the court any information concerning the child as the court may at any time require.(v) Fines to be paid in the general fund, exception. Any fines levied under Mississippi's Youth Court Law shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury. (b) Child in need of supervision proceedings.(1) Authorized dispositions. In children in need of supervision cases, the disposition order may include any of the alternatives as set forth in section 43-21-607(1) of the Mississippi Code. Additionally, the court may order: (i) drug testing pursuant to section 43-21-607(2) of the Mississippi Code; (ii) any appropriate disposition designed for the treatment and care of a child in need of special care, including civil commitment to a state institution providing care for that disability or infirmity, pursuant to section 43-21-611 of the Mississippi Code; (iii) parents or guardians to pay for the support of the child placed in custody of any person or agency, including any necessary medical treatment, pursuant to section 43-21-619(1) of the Mississippi Code; (iv) 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 pursuant to section 43-21-619(1) of the Mississippi Code; (v) parents, guardians or custodians who exercise parental custody or control of a child who has willfully or maliciously caused personal injury or damaged or destroyed property to pay damages or restitution and to participate in a counseling program or other suitable family treatment program for the purpose of preventing future occurrences pursuant to section 43-21-619(2) of the Mississippi Code; (vi) enrollment or reenrollment of any compulsory-school-age child in school, and further order appropriate education services, pursuant to section 43-21-621 of the Mississippi Code. (2) Two or more offenses alleged in same petition. The court shall enter a separate disposition on each adjudicated count. The court may order the disposition of any count to run concurrent orconsecutive to any other count(s) or current disposition(s), as it deems in the best interest of the child and in the interest of justice. (c) Child protection proceedings. (1) Authorized dispositions. In neglect and abuse cases, the disposition order may include any of the alternatives as set forth in section 43-21-609 of the Mississippi Code. Disposition orders shall comply, as applicable, with the requirements set forth in sections 43-21-603(7) and 43-21-609(f) and (g) of the Mississippi Code. Additionally, the court may order: (i) any appropriate disposition designed for the treatment and care of a child in need of special care, including civil commitment to a state institution providing care for that disability or infirmity, pursuant to section 43-21-611 of the Mississippi Code; (ii) parents or guardians to pay for the support of the child placed in custody of any person or agency, including any necessary medical treatment pursuant to section 43-21-619(1) of the Mississippi Code; (iii) any person found encouraging, causing, or contributing to the abuse or neglect of the child to do or omit to do any act deemed reasonable and necessary for the welfare of the child pursuant to section 43-21-617 of the Mississippi Code; (iv) 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 pursuant to section 43-21-619(1) of the Mississippi Code; (v) enrollment or reenrollment of any compulsory-school-age child in school, and further order appropriate education services, pursuant to section 43-21-621 of the Mississippi Code. (2) Two or more children subject of the same petition. The court shall enter a separate disposition on each adjudicated charge. (d) Other matters pertaining to disposition orders. (1) Transportation costs. The costs of transporting any child to any institution or agency shall be pursuant to section 43-21-615(1) of the Mississippi Code. In the case of a female child, the court shall designate some suitable woman to accompany her to the institution or agency. (2) Mississippi Crime Victims' Bill of Rights. The youth court judge shall comply with the Mississippi Crime Victims' Bill of Rights (Miss. Code Ann. § 99-43-1 et seq.) as is applicable to youth courts. (3) Registration of Sex Offenders. The youth court judge shall comply with the Registration of Sex Offenders (Miss. Code Ann. § 45-33-21 et seq.) as is applicable to youth courts. Comments & Procedures
Rule 27(a).
This provision comports with the statutory procedures. See Miss. Code Ann. §§ 43-21-605, -611, -615, -617, -619, -621 (2008). The conditions and terms of a disposition must be reasonable and appropriate. See In re Green, 203 So. 2d 470, 472 (Miss. 1967) ("The Youth Court was amply justified in finding that the condition [of "stay out of trouble"] was valid under the particular facts of this case, and that [the child] had violated it."); K.N.L. v. State, 803 So. 2d 1245, 1249 (Miss. Ct. App. 2002) ("[T]he prohibition against [the child who had shoplifted from] going to the mall or to a [particular] store is reasonable and appropriate."). A court may order parents, guardians, or custodians to pay certain expenses. See, e.g., In re B.D., 720 So. 2d 476, 479 (Miss. 1998) ("In this case, all parties had notice that restitution was being sought, along with the amounts at issue. A hearing was held with counsel forthe appellants present and allowed to present argument, cross-examine witnesses and object. This Court finds that the procedure followed by the Youth Court met due process requirements. Section 43-21-619 is not violative of the state or federal constitutions."). Courts are prohibited from committing an offender age eighteen or older to the division of youth services for placement in a state supported training school. See In re L.C.A., 938 So. 2d 300, 307 (Miss. Ct. App. 2006).
Rule 27(b).
This provision comports with the statutory procedures. See Miss. Code Ann. §§ 43-21-607, -611, -615, -617, -619, -621 (2008).
Rule 27(c).
This provision comports with the statutory procedures. See Miss. Code Ann. §§ 43-21-603, -609, -611, -615, -617, -619, -621 (2008).
The polestar consideration in child custody cases is the best interest of the child. See, e.g., In re E.M., 810 So. 2d 596, 600 (Miss. 2002) ("It defies logic to think that parents or relatives who have severely and permanently injured E.M. and have caused the death of her younger brother could be trusted to properly care for and raise E.M. without further incident. . . . [T]he judgment of the youth court judge should be reversed and E.M. should be placed in appropriate foster care."); In re S.M., 739 So. 2d 473, 475 (Miss. Ct. App. 1999) ("The court directed the Department to work with the parties with an ultimate goal of returning [the child] to his family. This action is within the discretion of the court and is not inconsistent with the evidence."). The youth court has no authority to commit a neglected child to training school. See In re Slay, 147 So. 2d 299, 300 (Miss. 1962).
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 disposition orders include:
Pursuant to the United States District Court's Order Regarding the Suicide Prevention Action Plan, youth court judges must review the federal requirements for dispositional hearings for youths that are to be committed to a training school. The Division of Youth Services must have all medical and mental records prior to accepting a youth into a training school. The youth court should review the medical and mental records prior to the youth's commitment. Failure to have the medical and mental records will result in the youth not being admitted to the training school. See Order Regarding Suicide Prevention Action plan, Civil Action No.: 3:03-cv-1354-HTW-JCS (S. Miss. Apr. 30, 2008).
Miss. R. Youth Ct. Prac. 27
The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012; amended effective 12/1/2016.