Rule 9 - COURT ORDERS UPON INTAKE RECOMMENDATIONS(a) Delinquency and child in need of supervision proceedings. (1) No action to be taken. The court may order that no action be taken if such is in the best interest of the child and in the interest of justice.(2) Informal adjustment process to be made. The court may order the Department of Human Services, Division of Youth Services, or other appointed intake unit, to conduct an informal adjustment process pursuant to sections 43-21-401 through 43-21-407 of the Mississippi Code. No informal adjustment process may commence except upon an order of the court. Every informal adjustment process shall include: (i) the giving of counsel and advice to the child and the child's parent, guardian, or custodian;(ii) referrals to public and private agencies which may provide benefits, guidance or services to the child or the child's parent, guardian or custodian; and (iii) temporary placement of the child or supervision by the youth court counselor with the consent of the child and the child's parent, guardian or custodian, subject to review by the court. If the child and the child's 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 of the Mississippi Code. If authorized by the court, the informal adjustment process may be commenced after the filing of a petition.
(3) The child be warned or counseled informally. The court may order the child to be warned or counseled informally in accordance with the policies of the Department of Human Services, Division of Youth Services. (4)The child be referred to the youth court drug court. The court may order the child to be referred to the youth court drug court pursuant to the guidelines developed by the State Drug Court Advisory Committee.(5) Referral to the youth court prosecutor for consideration of initiating formal proceedings. The court may refer the matter to the youth court prosecutor for consideration of initiating formal proceedings, whereupon the youth court prosecutor must: (ii) make a written request for the court to handle the matter informally, which may include an appropriate recommendation to the court for consideration: or (iii) make a written request that the court dismiss the proceedings(b) Child protection proceedings.(1) No action to be taken. The court may order that no action be taken if such is in the best interest of the child and in the interest of justice.(2) Informal adjustment process to be made. The court may order the Department of Human Services, Division of Family and Children's Services to conduct an informal adjustment process pursuant to sections 43-21-401 through 43-21-407 of the Mississippi Code. No informal adjustment process may commence except upon an order of the court. Every informal adjustment process shall include: (i) the giving of counsel and advice to the child and the child's parent, guardian, or custodian; (ii) referrals to public and private agencies which may provide benefits, guidance or services to the child or the child's parent, guardian or custodian; and (iii) temporary placement of the child or supervision by the Department of Human Services, Division of Family and Children's Services with the consent of the child and the child's parent, guardian or custodian, subject to review by the court. If the child and the child's 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 of the Mississippi Code. If authorized by the court, an informal adjustment process may be commenced after the filing of a petition.
(3) Monitor the child, family and other children in the same environment. The court may order the Department of Human Services, Division of Family and Children's Services to monitor the child, family and other children in the same environment. (4) The parent(s) to be warned or counseled informally. The court may order the parent(s) to be warned or counseled informally in accordance with the policies of the Department of Human Services, Division of Family and Children's Services. (5) Referral to the youth court prosecutor for consideration of initiating formal proceedings. The court may refer the matter to the youth court prosecutor for consideration of initiating formal proceedings, whereupon the youth court prosecutor must: (ii) make a written request for the court to handle the matter informally, which may include an appropriate recommendation to the court for consideration: or(iii) make a written request that the court dismiss the proceedings.Miss. R. Youth Ct. Prac. 9
The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012; amended effective 12/1/2016.Comments & Procedures
Rule 9(a)(5).
When the intake unit makes a recommendation that a petition be filed the court must decide whether to proceed informally or to refer the matter to the youth court prosecutor for the consideration of initiating formal proceedings. It the court refers the matter to the youth court prosecutor for the initiation of formal proceedings and the youth court prosecutor decides to file a petition in accordance with Rule 20 of these rules, then the child shall be afforded the procedural due protections required by law for formal proceedings. See Application ot Gault, 3 87 US. 1. 3 0 (1967) (holding that youth court ad;udicatory hearings "must measure up to the essentials of due process and fair treatment"): Patterson v. Hopkins, 350 F Supp. 676, 683 (N,D. Miss. 1972) C'(Tlhe Due Process Clause does require a,wlication during the ad;udicatory hearing of 'the essentials of due process and fair treatment. ' ... (Tlhe constitutional safeguard of proof beyond a reasonable doubt is as much required during the adiudicatory stage of a delinquency proceeding as are those constitutional safeguards applied in Gault-notice of charges. right to counsel. the rights of confrontation and examination. and the privilege against self incrimination. ") (internal quotation marks omitted).
Rule 9(b)(2).
An instance where an informal adjustment process might be appropriate in child protection proceedings, even after the filing of the petition, is where the parent is temporarily unable to care for the child (e.g., inpatient drug and alcohol treatment), but a suitable relative is willing to do so for the short-term period. In any event, an informal adjustment process does not circumvent the authority of the Department of Human Services to remove the child from the home or any placement if there is a reasonable concern for the child's safety or welfare.
Rule 9(b)(2)(iii).
The Department of Human Services, Division of Family and Children's Services should conduct a background check and home study prior to making a temporary placement of a child within its custody.