In re Unif. Rules of Youth Court Practice

• Decision Date: 17 July 2012
• Docket Number: No. 89-R-99033-SCT,89-R-99033-SCT
• Parties: In re: UNIFORM RULES OF YOUTH COURT PRACTICE
• Court: Mississippi Supreme Court

IN RE: UNIFORM RULES OF YOUTH COURT PRACTICE

No. 89-R-99033-SCT

SUPREME COURT OF MISSISSIPPI

Dated: July 26, 2012

Dated: July 17, 2012

Serial: 178151

ORDER

This matter is before the Court on the Petition To Amend Certain Rules of the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges. After due consideration, the Court finds that the petition should be granted.

IT IS THEREFORE ORDERED that the Petition To Amend Certain Rules of the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges is hereby granted. The Uniform Rules of Youth Court Practice are amended as set forth in Exhibit A to this order.

IT IS FURTHER ORDERED that the Clerk of this Court shall enter this Order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Third Series, (Mississippi Edition) and the Mississippi Rules of Court.

______________________________

GEORGE C. CARLSON, JR., PRESIDING JUSTICE

TO GRANT: ALL JUSTICES.

Exhibit A

UNIFORM RULES OF YOUTH COURT PRACTICE

Table of Rules

Rule 1 Title

Rule 2 Scope of Rules

Rule 3 Construction of Rules

Rule 4 Definitions

Rule 5 Confidentiality of Records and Proceedings

Rule 6 Subpoena Duces Tecum

Rule 7 Federal Laws and Regulations

Rule 8 Intake

Rule 9 Court Orders upon Intake Recommendations

Rule 10 Valid Court Order

Rule 11 Temporary Custody Orders / Custody Orders

Rule 12 Taking into Custody Without Custody Order

Rule 13 Appointment of Guardian Ad Litem

Rule 14 Attorney of Record / Withdrawal of Counsel

Rule 15 Prehearing Procedures

Rule 16 Detention Hearings / Shelter Hearings

Rule 17 Rights of Child in Custody for Delinquency and Child in Need of Supervision Proceedings

Rule 18 Release from Custody upon Change of Circumstances

Rule 19 Proper Facilities

Rule 20 Petition

Rule 21 Proper Venue

Rule 22 Summons

Rule 23 Transfer of Cases

Rule 24 Adjudication Hearings

Rule 25 Adjudication Orders

Rule 26 Disposition Hearings

Rule 27 Disposition Orders

Rule 28 Modification of Disposition Orders / Annual Reviews

Rule 29 Permanency Hearings

Rule 30 Foster Care Review Hearings

Rule 31 Permanency Review Hearings

Rule 32 Civil Commitments Within the Jurisdiction of the Youth Court i

Rule 33 Truancy

Rule 34 Interstate Compact for Placement of Children i

Rule 35 Drug Courts

Rule 36 Rehearing of Referee's Order |

Rule 37 Appeals from Final Orders or Decrees

Rule 38 Sanctions

RULE 1 TITLE

These rules shall be known as the Uniform Rules of Youth Court Practice and may be cited as U.R.Y.C.P.: e.g., U.R.Y.C.P. 1.

RULE 2 SCOPE OF RULES

(a) Proceedings subject to these rules. The following proceedings are subject to these rules:

(1) any youth court proceeding;

(2) any chancery court proceeding when hearing, pursuant to section 93-11-65 of the Mississippi Code, an allegation of abuse or neglect of a child that first arises in the course of a custody or maintenance action;

(3) any proceeding conducted by a referee appointed pursuant to section 43-21-111 of the Mississippi Code;

(4) any proceeding conducted by a designee appointed pursuant to the Mississippi Youth Court Law when acting in a judicial capacity.

(b) Commencement of proceedings. Proceedings commence when a report or complaint of a child within the jurisdiction of the youth court requires an action by the youth court or by the chancery court or by a referee appointed pursuant to section 43-21-111 of the Mississippi Code or by a designee appointed pursuant to the Mississippi Youth Court Law when acting in a judicial capacity.

Comments & Procedures

Rule 2(a)(1).

The Mississippi Youth Court Law provides for the creation of youth courts throughout the state. See Miss. Code Ann. § 43-21-107 (2008); see also In re T.L.C., 566 So. 2d 691, 696 (Miss. 1990) ("In a sense our youth courts are neither superior, equal to, or inferior to other "inferior" courts - they are special courts due to the special nature of their function.").

Rule 2(a)(2).

Chancery court may hear an allegation of abuse or neglect of a child that first arises in the course of a custody or maintenance action. See Miss. Code Ann. §§ 43-21-151(1)(c); 93-11-65(4) (2008). All proceedings on the abuse and neglect charge shall be conducted in accordance with these rules.

Rule 2(a)(4).

"Designee" means any person that the judge appoints to perform a duty which the Mississippi Youth Court Law requires to be done by the judge or the judge's designee. The judge may not appoint a person who is involved in law enforcement to be a designee. See Miss. Code Ann. § 43-21-105(c) (2008). A designee, when acting in a judicial capacity, is subject to these rules. See, e.g., Miss. Code Ann. §§ 43-21-301, -307, -311, and -451 (2008). Designees appointed by the youth court judge are subject to the Code of Judicial Conduct. See Miss. Code Ann. § 43-21-201(5) (2008).

RULE 3 CONSTRUCTION OF RULES

(a) These rules are intended to provide a just, reasonably prompt, and efficient determination of every action within the jurisdiction of the youth court.

(b) These rules shall not be construed to extend or limit the jurisdiction of the courts of Mississippi.

(c) These rules shall be interpreted and applied in keeping with the philosophy expressed in section 43-21-103 of the Mississippi Code.

Comments & Procedures

Rule 3(a).

Rule 3(a) limits the scope of these rules to every action within the jurisdiction of the youth court. Actions not within the jurisdiction of the youth court include:

(1) any offense, unless there is a transfer to youth court pursuant to section 43-21-159 of the Mississippi Code, committed by a child 13 years or older which is:

(a) punishable under state or federal law by life imprisonment or death. See Miss. Code Ann. §§ 43-21-105(j), -151(a) (2008); Holly v. State, 671 So. 2d 32 (Miss. 1996); Winters v. State, 473 So. 2d 452 (Miss. 1985). Cf. Williams v. State, 459 So. 2d 777, 779 (Miss. 1984) (holding that once jurisdiction is acquired by the circuit court, it is not lost by accepting a plea to a lesser-included offense or conviction for a lesser-included offense);

(b) a felony and involves the use of a deadly weapon, the carrying of which concealed is prohibited by section 97-37-1, or a shotgun or a rifle. See Miss. Code Ann. § 43-21-151(b) (2008);

(c) committed on or after the child's eighteenth birthday. See Miss. Code Ann. § 43-21-151(2) (2008);

(d) committed after the circuit court has had original jurisdiction and the child was convicted by the circuit court. See Miss. Code Ann. § 43-21-157 (2008);

(e) transferred by the youth court to a criminal court. See Miss. Code Ann. § 43-21-157 (2008);

(f) a hunting or fishing violation, a state or federal traffic violation, a violation under the Mississippi Implied Consent Law, a violation of a municipal ordinance or county resolution, or a violation of section 67-3-70 of the Mississippi Code. See Miss. Code Ann. § 43-21-159 (2008); White v. Walker, 950 F.2d 972 (5th Cir. 1991);

(2) adoption proceedings. See Miss. Code Ann. § 93-17-3 (2008); In re Beggiani, 519 So. 2d 1208 (Miss. 1988);

(3) paternity actions. See Miss. Code Ann. 93-9-15 (2008); Davis v. Washington, 453 So. 2d 712 (Miss. 1984);

(4) cases involving exclusively child support, contempt, and modification issues. See Dep't of Human Servs. v. Blount, 913 So. 2d 326 (Miss. Ct. App. 2005).

Rule 3(b).

This provision reaffirms that nothing in these rules shall be construed as extending or limiting the jurisdiction of any state court. Thus, any previous appellate rulings on jurisdictional matters are unaffected by these rules. See, e.g., Helmert v. Biffany, 842 So. 2d 1287 (Miss. 2003); K.M.K. v. S.L.M., 775 So. 2d 115 (Miss. 2000); Thomas v. Byars, 947 So. 2d 375 (Miss. Ct. App. 2007).

RULE 4 DEFINITIONS

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...