Senate Bill 2792

AN ACT TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO WAIVE THE ADOPTION FILING FEE FOR CASES INVOLVING THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO REQUIRE SUMMONS TO BE ISSUED AND SERVED ON A CHILD WHO IS 12 YEARS OF AGE OR OLDER IN AN INVOLUNTARY TERMINATION OF PARENTAL RIGHTS PROCEEDING; TO PROVIDE THAT THE MINOR CHILD SHALL BE REPRESENTED BY COUNSEL THROUGHOUT THE PROCEEDINGS; TO REQUIRE THE COURT TO CONSIDER THE CHILD'S PREFERENCES, IF ANY, IF THE CHILD IS 14 YEARS OF AGE OR OLDER AT THE TIME OF THE HEARING; TO PROVIDE THAT THE STYLE OF THE CASE SHALL NOT INCLUDE THE CHILD'S NAME; TO REQUIRE A COURT TO HOLD A HEARING ON THE PETITION WITHIN A CERTAIN PERIOD OF DAYS; TO AUTHORIZE THE COURT TO CONTINUE THE HEARING UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 93-15-111, MISSISSIPPI CODE OF 1972, TO REQUIRE A COURT TO ACCEPT A PARENT'S WRITTEN VOLUNTARY RELEASE TERMINATING PARENTAL RIGHTS IF CERTAIN REQUIREMENTS ARE MET; TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO REQUIRE A YOUTH COURT JUDGE TO APPOINT COUNSEL FOR AN INDIGENT CUSTODIAL PARENT OR GUARDIAN WHO IS A PARTY IN AN ABUSE, NEGLECT OR TERMINATION OF PARENTAL RIGHTS PROCEEDING; TO AUTHORIZE A YOUTH COURT JUDGE TO APPOINT COUNSEL FOR AN INDIGENT NONCUSTODIAL PARENT IF THE YOUTH COURT JUDGE DETERMINES THAT THE PARENT HAS DEMONSTRATED A SIGNIFICANT CUSTODIAL RELATIONSHIP WITH THE CHILD; TO CLARIFY THE DUTY OF AN ATTORNEY UNDER THE SECTION; TO REQUIRE A FINANCIALLY ABLE PARENT TO PAY FOR COURT-APPOINTED REPRESENTATION OR SOME PORTION THEREOF; TO REQUIRE MONIES COLLECTED TO BE DEPOSITED INTO A SPECIAL FUND TO BE KNOWN AS THE "JUVENILE COURT REPRESENTATION FUND"; TO PROVIDE THAT MONIES IN THE FUND MAY BE USED BY THE COURT TO COVER THE COSTS OF COUNSEL IN INDIGENT CASES; TO PROVIDE THAT THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL HAVE THE RIGHT TO HIRE AGENCY COUNSEL TO REPRESENT THE DEPARTMENT AND BE REPRESENTED BY COUNSEL FROM THE ATTORNEY GENERAL'S OFFICE AT ALL STAGES OF THE PROCEEDINGS INVOLVING A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY OF OR MAY BE AWARDED CUSTODY OF; TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "NEGLECTED CHILD" AND "REASONABLE EFFORTS"; TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURISDICTION OF THE YOUTH COURT SHALL ATTACH AT THE TIME OF THE OFFENSE, OR AT THE TIME OF THE ALLEGATION OF ABUSE, NEGLECT OR EXPLOITATION; TO CREATE A NEW SECTION WITHIN TITLE 93, CHAPTER 15, MISSISSIPPI CODE OF 1972, TO PROVIDE A NONCOMPREHENSIVE LIST OF REASONS THAT WOULD CONSTITUTE COMPELLING AND EXTRAORDINARY REASONS WHY TERMINATION OF PARENTAL RIGHTS WOULD NOT BE IN THE CHILD'S BEST INTERESTS; TO AMEND SECTION 43-21-613, MISSISSIPPI CODE OF 1972, TO REVISE THE TIMELINE FOR AND FREQUENCY OF PERMANENCY HEARINGS; TO AMEND SECTION 93-15-121, MISSISSIPPI CODE OF 1972, TO CLARIFY A GROUND FOR THE TERMINATION OF A PARENT'S PARENTAL RIGHTS; TO AMEND SECTION 97-5-39, MISSISSIPPI CODE OF 1972, TO CONFORM THE SECTION TO THE REVISED DEFINITION OF "NEGLECTED CHILD"; TO DEFINE "TORTURE" FOR THE PURPOSES OF FELONY CHILD ABUSE; TO AMEND SECTION 43-21-651, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RIGHT OF APPEAL FROM YOUTH COURT; TO AMEND SECTION 43-21-351, MISSISSIPPI CODE OF 1972, TO REQUIRE YOUTH COURT INTAKE OFFICERS TO RECEIVE TRAINING ON MYCIDS; TO REQUIRE THE MISSISSIPPI JUDICIAL COLLEGE, IN CONJUNCTION WITH THE ADMINISTRATIVE OFFICE OF COURTS, TO DEVELOP TRAINING MATERIALS ON MYCIDS; TO AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO REQUIRE YOUTH COURT JUDGES TO RECEIVE AT LEAST ONE HOUR OF ANNUAL CONTINUING EDUCATION CONCERNING OVERSIGHT OF YOUTH COURT INTAKE OFFICERS AND MYCIDS; TO AMEND SECTIONS 43-21-301, 43-21-303 AND 93-17-3, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 89-2-3 AND 89-2-25, MISSISSIPPI CODE OF 1972, TO ADD CYCLING TO THE ACTIVITIES EXEMPT FROM LIABILITY FOR RECREATIONAL LANDOWNERS; AND FOR RELATED PURPOSES.

In the Senate

• Brice Wiggins

  Sponsor

• House of Representatives committee amendmentAdopted

  Adopted Apr 9

l9n doesn't hold this bill's text yet.

In the Senate Feb 19 – Mar 12

1. Feb 19Referred to the Senate committee on Judiciary, Division A
2. Feb 29Reported from committee in the Senate: title sufficient, do pass
3. Mar 12Passed the Senate

In the House of Representatives Mar 13 – Apr 9

1. Mar 13Sent to the House
2. Mar 18Referred to the House committee on Judiciary A
3. Apr 2Reported from committee in the House: title sufficient, do pass as amended
4. Apr 9Amended in the House
5. Passed the House as amended

Back in the Senate Apr 10 – May 6

1. Apr 10Returned to the Senate to concur in the House's amendments
2. Apr 12Declined in the Senate to concur, and invited a conference
3. Conferees named in the Senate: Wiggins, Boyd and Turner-Ford
4. Apr 16Conferees named in the House: Hood, Yates and Fondren
5. Apr 28Conference report filed in the House
6. Conference report filed in the Senate
7. Apr 29Conference report adopted in the Senate
8. May 1Conference report adopted in the House
9. May 2Motion in the House to reconsider entered (Aguirre, Hood and Yates)
10. May 3Motion in the House to reconsider tabled
11. May 6Enrolled bill signed in the Senate

To the Governor May 6 – May 13

1. May 6Enrolled bill signed in the House
2. May 13Approved by the Governor