In re Uniform Rules of Youth Court Practice, No. 89-R-99033-SCT (Miss. 12/11/2008), 89-R-99033-SCT.

• Decision Date: 11 December 2008
• Docket Number: No. 89-R-99033-SCT.,89-R-99033-SCT.
• Parties: IN RE: UNIFORM RULES OF YOUTH COURT PRACTICE
• Court: Mississippi Supreme Court

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IN RE: UNIFORM RULES OF YOUTH COURT PRACTICE

No. 89-R-99033-SCT.

Supreme Court of Mississippi.

December 11, 2008.

ORDER

WILLIAM L. WALLER, JR., PRESIDING JUSTICE.

This matter is before the Court on the Petition for Adoption of Youth Court Rules of Practice filed by the Mississippi Task Force for Youth Court Rules. After due consideration, the Court finds that the petition should be granted.

IT IS THEREFORE ORDERED that the Petition for Adoption of Youth Court Rules of Practice filed by the Mississippi Task Force for Youth Court Rules is hereby granted and the Uniform Rules of Youth Court Practice, as set forth in Exhibit A to this order, are adopted.

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

SO ORDERED.

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
                Rule 33 Truancy
                Rule 34 Interstate Compact for Placement of Children
                Rule 35 Drug Courts
                Rule 36 Rehearing of Referee's Order
                Rule 37 Appeals from Final Orders or Decrees
                

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. § 99-11-65(4) (2008). All proceedings on the abuse and neglect charge shall be conducted in accordance with these rules.

Rule 2(a)(3).

For procedures pertaining to section 43-21-111 of the Mississippi Code refer to the appendix of 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 on or after the child's seventeenth birthday where such would be a felony if committed by an adult. See Miss. Code Ann. § 43-21-151(2) (2008);

(e) 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);

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

(g) 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 (5^th 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 3(c).

For procedures pertaining to section 43-21-103 of the Mississippi Code refer to the appendix of these rules.

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...