Miss. R. Youth Ct. Prac. 4
All words and phrases shall have the meaning ascribed in the Mississippi Youth Court Law or, if the context clearly requires otherwise, the appropriate sections of the Mississippi Code applicable to the particular issue before the court, provided such are not inconsistent with these rules.
Comments & Procedures
Definitions of words and phrases for purposes of these Rules are as follows:
"Abused child" has the same meaning as in section 43-21-105(m) of the Mississippi Code. See, e.g., In re A.R., 579 So. 2d 1269, 1270 (Miss. 1991) (dealing with corporal punishment in disciplining a child);
"Adjudication hearing" means a hearing to determine whether a child is a delinquent child, a child in need of supervision, an abused child or a neglected child;
"Child" has the same meaning as in section 43-21-105(d) of the Mississippi Code;
"Child in need of special care" has the same meaning as in section 43-21-105(o) of the Mississippi Code;
"Child in need of supervision" has the same meaning as in section 43-21-105(k) of the Mississippi Code;
"Child protection proceedings" means a proceeding concerning a child reported abused, neglected or dependent;
"Complaint" means a report of abuse or neglect pursuant to section 43-21-353 of the Mississippi Code;
"Concurrent plan" means a permanency plan that runs concurrent with another permanency plan;
"Court" means any youth court created under the Mississippi Youth Court Law or any chancery court when hearing, pursuant to section 93-11-65 of the Mississippi Code, a charge of abuse or neglect of a child that first arises in the course of a custody or maintenance action;
"Custodian" has the same meaning as in section 43-21-105(g) of the Mississippi Code;
"Custody" has the same meaning as in section 43-21-105(q) of the Mississippi Code;
"Delinquent act" has the same meaning as in section 43-21-105(j) of the Mississippi Code;
"Delinquency proceeding" means a court proceeding concerning a child charged with a delinquent act;
"Delinquent child" has the same meaning as in section 43-21-105(i) of the Mississippi Code;
"Dependent child" has the same meaning as in section 43-21-105(p) of the Mississippi Code;
"Designee" has the same meaning as in section 43-21-105(c) of the Mississippi Code;
"Detention" has the same meaning as in section 43-21-105(s) of the Mississippi Code;
"Disposition hearing" means a hearing to determine the appropriate disposition for an adjudicated child;
"Durable legal custody" has the same meaning as in section 43-21-105(y) of the Mississippi Code;
"Educational neglect" means neglect in providing the child with an education as required by law;
"Guardian" has the same meaning as in section 43-21-105(f) of the Mississippi Code;
"Legal custodian" has the same meaning as in section 43-21-105(h) of the Mississippi Code;
"Legal custody" has the same meaning as in section 43-21-105(r) of the Mississippi Code;
"Neglected child" has the same meaning as in section 43-21-105(l) of the Mississippi Code;
"Out-of-home setting" has the same meaning as in section 43-21-105(x) of the Mississippi Code;
"Parent" has the same meaning as in section 43-21-105(e) of the Mississippi Code. Cf. 42 U.S.C. § 675(2) (2008) ("The term "parents" means biological or adoptive parents or legal guardians, as determined by applicable State law.");
"Party" means the child, the child's parent(s), the child's guardian or custodian, and any other person whom the court deems necessary to designate a party;
"Permanency hearing" means a hearing conducted pursuant to Rule 29 of these rules;
"Permanency plan" means a judicial plan to achieve, in compliance with federal requirements, a permanent living arrangement for a child taken into protective custody;
"Permanency review hearing" means a hearing conducted pursuant to Rule 31 of these rules;
"Person responsible for care or support" has the same meaning as in section 43-21-105(v) of the Mississippi Code;
"Placement" means placing the child in the care and custody of an appropriate person or organization;
"Records involving children" has the same meaning as in section 43-21-105(u) of the Mississippi Code;
"Report" means a report to intake of a matter within the jurisdiction of the youth court;
"Residential child-caring agency" has the same meaning as in section 43-15-103(p) of the Mississippi Code;
"Sexual abuse" has the same meaning as in section 43-21-105(n) of the Mississippi Code;
"Shelter" has the same meaning as in section 43-21-105(t) of the Mississippi Code;
"Social history" means a history of significant events and relationships throughout the child's life;
"Status offense" has the same meaning as in section 43-21-105(z) of the Mississippi Code;
"Summons" means notice issued as required by these rules;
"Truant child" means a compulsory-school-age child who is in violation of Mississippi's Compulsory School Attendance Law for reasons of nonattendance or unlawful absences;
"Uniform Youth Court Case Identification and Docket Numbering System" means the system to be implemented by intake in assigning an identification and docket number for every matter coming before the youth courts of the State of Mississippi. See Amended Special Order No. 46 (Miss. Dec. 12, 1997);
"Uniform Youth Court Case Tracking System and Form" means the system to be implemented by intake as a data collection procedure for every matter coming before the youth courts of the State of Mississippi. See Special Order No. 47 (Miss. Dec. 16, 1996);
"Volunteer trained layperson" means a qualified person appointed, pursuant to section 43-21- 121(7) of the Mississippi Code, to assist the child in addition to the appointment of a guardian ad litem;
"Youth" has the same meaning as in section 43-21-105(d) of the Mississippi Code;
"Youth court" has the same meaning as in section 43-21-105(a) of the Mississippi Code;
"Youth court clerk" means the clerk of the court exercising jurisdiction of the matter.
Words and phrases defined in the Mississippi Compulsory School Attendance Law, which may apply to youth court proceedings under section 43-21-621 of the Mississippi Code, include: appropriate school official; compulsory-school-age child; custodian; guardian; nonpublic school; parent; school; school attendance officer; and school day. See Miss. Code Ann. § 37-13-91(2008).
Miss. R. Youth Ct. Prac. 4