Mississippi 2025 Regular Session Status: Passed House 1 I cosponsors

HB 1589 — Durable legal custody; remove as dispositional alternative in neglect and abuse cases.

Last action — Died On Calendar

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

948 added · 949 removed

Plain-language change summary

The updated version of HB 1589 has removed the requirement for the Department of Child Protection Services to conduct an annual review and recertification of durable legal relative guardianship. This change allows for more immediate flexibility in responding to changes in circumstances that may affect the child's well-being. By streamlining these reviews, the bill aims to make the process of evaluating guardianship more efficient while still permitting a petition to the court when necessary. This could help ensure that children are placed in the best situations without unnecessary administrative delays.

→
Previous
Latest
Judiciary A HOUSE BILL NO.
Judiciary A COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
1589 *HR26/R2238* ~ OFFICIAL ~ G1/2 25/HR26/R2238 PAGE 1 (OM\KW) (6) months before the grant of durable legal relative guardianship and the Department of Child Protection Services had legal custody or exercised supervision of the child for at least six (6) months.
1589 *HR26/R2238CS* ~ OFFICIAL ~ G1/2 25/HR26/R2238CS PAGE 1 (GT\KW) (6) months before the grant of durable legal relative guardianship and the Department of Child Protection Services had legal custody or exercised supervision of the child for at least six (6) months.
However, the Department of Child Protection Services must conduct an annual review and recertification of the durable legal relative guardianship to determine whether it remains in the best interest of the child.
* * * If a material change in circumstances occurs adverse to the best interest of the child, the parent, relative guardian, fictive kin guardian, or Department of Child Protection Services may petition the court to review the durable legal relative guardianship;
If a material change in circumstances occurs adverse to the best interest of the child, the parent, relative guardian, fictive kin guardian, or Department of Child Protection Services may petition the court to review the durable legal relative guardianship;
(d) Order terms of treatment calculated to assist the child and the child's parent, guardian or custodian which are within the ability of the parent, guardian or custodian to perform;
(d) Order terms of treatment calculated to assist the child and the child's parent, guardian or custodian which are H.
H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 2(OM\KW) within the ability of the parent, guardian or custodian to perform;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 2(GT\KW) (e) Order youth court personnel, the Department of Child Protection Services or child care agencies to assist the child and the child's parent, guardian or custodian to secure social or medical services to provide proper supervision and care of the child;
(e) Order youth court personnel, the Department of Child Protection Services or child care agencies to assist the child and the child's parent, guardian or custodian to secure social or medical services to provide proper supervision and care of the child;
(g) If the court makes a finding that custody is necessary as defined in Section 43-21-301(3)(b), and that the child, in the action pending before the youth court had not previously been taken into custody, the disposition order shall recite that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the H.
(g) If the court makes a finding that custody is necessary as defined in Section 43-21-301(3)(b), and that the child, in the action pending before the youth court had not previously been taken into custody, the disposition order shall recite that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interests of the child, and unless the reasonable efforts H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 3(OM\KW) best interests of the child, and unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), the order also must state:
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 3(GT\KW) requirement is bypassed under Section 43-21-603(7)(c), the order also must state:
(1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, H.
(1) If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 4(OM\KW) that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 4(GT\KW) disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered.
For children who H.
For children who have been adjudicated abused or neglected, except for those H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 5(OM\KW) have been adjudicated abused or neglected, except for those children for which a different timeframe is provided under Section 43-21-603(7), the youth court shall conduct a permanency hearing within one hundred twenty (120) days or every sixty (60) days for children under three (3) years of age after the earlier of:
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 5(GT\KW) children for which a different timeframe is provided under Section 43-21-603(7), the youth court shall conduct a permanency hearing within one hundred twenty (120) days or every sixty (60) days for children under three (3) years of age after the earlier of:
If the child is in an out-of-state placement, the hearing shall determine whether the out-of-state placement continues to be appropriate and in the best interest of H.
If the child is in an out-of-state placement, the hearing shall determine whether the out-of-state placement continues to be appropriate and in the best interest of the child.
At the permanency hearing the judge or referee shall H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 6(OM\KW) the child.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 6(GT\KW) determine, and the youth court order shall recite that reasonable efforts were made by the Department of Child Protection Services to finalize the child's permanency plan that was in effect on the date of the permanency hearing.
At the permanency hearing the judge or referee shall determine, and the youth court order shall recite that reasonable efforts were made by the Department of Child Protection Services to finalize the child's permanency plan that was in effect on the date of the permanency hearing.
however, such reviews shall take place not less frequently than once each one hundred eighty (180) days, or upon the request of the child's H.
however, such reviews shall take place not less frequently than once each one hundred eighty (180) days, or upon the request of the child's attorney, a parent's attorney, or a parent as deemed appropriate H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 7(OM\KW) attorney, a parent's attorney, or a parent as deemed appropriate by the youth court in protecting the best interests of the child.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 7(GT\KW) by the youth court in protecting the best interests of the child.
Any matters adjudicated by the youth court through interim orders such as adjudication/disposition orders, or H.
Any matters adjudicated by the youth court through interim orders such as adjudication/disposition orders, or permanency review orders, may be only appealed through the H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 8(OM\KW) permanency review orders, may be only appealed through the interlocutory appeal process provided by the Rules of Appellate Procedure.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 8(GT\KW) interlocutory appeal process provided by the Rules of Appellate Procedure.
If the Supreme Court does not dismiss the H.
If the Supreme Court does not dismiss the proceedings and discharge the child, it shall affirm or modify or H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 9(OM\KW) proceedings and discharge the child, it shall affirm or modify or reverse the order of the youth court and remand the child to the jurisdiction of the youth court for placement and supervision in accordance with its order, and thereafter the child shall be and remain under the jurisdiction of the youth court in the same manner as if the youth court had made the order without an appeal having been taken.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 9(GT\KW) reverse the order of the youth court and remand the child to the jurisdiction of the youth court for placement and supervision in accordance with its order, and thereafter the child shall be and remain under the jurisdiction of the youth court in the same manner as if the youth court had made the order without an appeal having been taken.
A child who H.
A child who has not reached his eighteenth birthday and is on active duty for H.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 10(OM\KW) has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 10(GT\KW) a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 11(OM\KW) (i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 11(GT\KW) (i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 12(OM\KW) the mental condition is having mental illness or having an intellectual disability;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 12(GT\KW) the mental condition is having mental illness or having an intellectual disability;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 13(OM\KW) which indicate that the child's health or welfare is harmed or threatened.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 13(GT\KW) which indicate that the child's health or welfare is harmed or threatened.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 14(OM\KW) (i) All youth court records as defined in Section 43-21-251;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 14(GT\KW) (i) All youth court records as defined in Section 43-21-251;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 15(OM\KW) centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 15(GT\KW) centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 16(OM\KW) ( * * *cc) "Durable legal relative guardianship" means the legal status created by a youth court order that conveys the physical and legal custody of a child or children by durable legal guardianship to a relative or fictive kin who is licensed as a foster or resource parent.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 16(GT\KW) ( * * *cc) "Durable legal relative guardianship" means the legal status created by a youth court order that conveys the physical and legal custody of a child or children by durable legal guardianship to a relative or fictive kin who is licensed as a foster or resource parent.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 17(OM\KW) ( * * *gg) "Commercial sexual exploitation" means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 17(GT\KW) ( * * *gg) "Commercial sexual exploitation" means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 18(OM\KW) possible when the child can be cared for at home without endangering the child's health and safety;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 18(GT\KW) possible when the child can be cared for at home without endangering the child's health and safety;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 19(OM\KW) (g) Providing a family protection specialist or worker or team of such specialists or workers for a family and child throughout the implementation of their permanent living arrangement plan.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 19(GT\KW) (g) Providing a family protection specialist or worker or team of such specialists or workers for a family and child throughout the implementation of their permanent living arrangement plan.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 20(OM\KW) of Child Protection Services shall be to return the child to the child's natural parent(s) or refer the child to the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or foster/adoptive home within the time periods specified in this subsection or in subsection (4) of this section.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 20(GT\KW) of Child Protection Services shall be to return the child to the child's natural parent(s) or refer the child to the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or foster/adoptive home within the time periods specified in this subsection or in subsection (4) of this section.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 21(OM\KW) parental rights of the child's parents.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 21(GT\KW) parental rights of the child's parents.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 22(OM\KW) the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or a foster/adoptive home.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 22(GT\KW) the appropriate court for termination of parental rights and placement in a permanent relative's home, adoptive home or a foster/adoptive home.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 23(OM\KW) (b) The extent of communication with the child by parents, parent or guardian;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 23(GT\KW) (b) The extent of communication with the child by parents, parent or guardian;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 24(OM\KW) its own motion.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 24(GT\KW) its own motion.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 25(OM\KW) (ii) A relative exempted from foster care training is not eligible for board payments, foster care payments, kinship care payments, therapeutic care payments, or any other monthly payments from the department to assist in the care of the child.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 25(GT\KW) (ii) A relative exempted from foster care training is not eligible for board payments, foster care payments, kinship care payments, therapeutic care payments, or any other monthly payments from the department to assist in the care of the child.
Show all 52 changed rows (12 more)
Previous
Latest
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 26(OM\KW) living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 26(GT\KW) living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 27(OM\KW) (c) The barriers to reunification being addressed by the family;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 27(GT\KW) (c) The barriers to reunification being addressed by the family;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 28(OM\KW) parents or relative placement shall be given the prior right of return placement in order to eliminate additional trauma to the child.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 28(GT\KW) parents or relative placement shall be given the prior right of return placement in order to eliminate additional trauma to the child.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 29(OM\KW) (b) Respect, consideration, trust and value as a family who is making an important contribution to the agency's objectives;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 29(GT\KW) (b) Respect, consideration, trust and value as a family who is making an important contribution to the agency's objectives;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 30(OM\KW) (h) The opportunity to communicate with the foster child's guardian ad litem;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 30(GT\KW) (h) The opportunity to communicate with the foster child's guardian ad litem;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 31(OM\KW) previous foster parents, or prospective and finalized adoptive parents to communicate in return;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 31(GT\KW) previous foster parents, or prospective and finalized adoptive parents to communicate in return;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 32(OM\KW) (p) Support from the family protection worker or the family protection specialist in efforts to do a better day-to-day job in caring for the child and in working to achieve the agency's objectives for the child and the birth family through provision of:
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 32(GT\KW) (p) Support from the family protection worker or the family protection specialist in efforts to do a better day-to-day job in caring for the child and in working to achieve the agency's objectives for the child and the birth family through provision of:
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 33(OM\KW) (iii) Help in using appropriate resources to meet the child's needs, including counseling or other services for victims of commercial sexual exploitation or human trafficking;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 33(GT\KW) (iii) Help in using appropriate resources to meet the child's needs, including counseling or other services for victims of commercial sexual exploitation or human trafficking;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 34(OM\KW) (ii) Reimbursement for property damages caused by children in the custody of the Department of Child Protection Services in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation.
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 34(GT\KW) (ii) Reimbursement for property damages caused by children in the custody of the Department of Child Protection Services in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation.
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 PAGE 35(OM\KW) (g) Understanding that all information shared with the persons who provide foster care or relative care about the child and his/her birth parent(s) must be held in the strictest of confidence;
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS PAGE 35(GT\KW) (g) Understanding that all information shared with the persons who provide foster care or relative care about the child and his/her birth parent(s) must be held in the strictest of confidence;
1589 *HR26/R2238* ~ OFFICIAL ~ 25/HR26/R2238 ST:
1589 *HR26/R2238CS* ~ OFFICIAL ~ 25/HR26/R2238CS ST:
remove as PAGE 36(OM\KW) dispositional alternative in neglect and abuse cases.
remove as PAGE 36(GT\KW) dispositional alternative in neglect and abuse cases.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Died On Calendar

  2. Read the Third Time

  3. Title Suff Do Pass Comm Sub

  4. Referred To Judiciary A

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 174 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1589?
HB 1589 is sponsored by Angela Cockerham (Independent).
What is the current status of HB 1589?
This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1589?
Track HB 1589 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 1589

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 1589

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →