SB 2377 — CPS; enact Mississippi Safe Haven Law, establish clear path to permanency for children in custody of.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 9 is(b) necessaryThere inis orderno toevidence safeguardthat the infant's welfare, it shall order continued custody of the infant inwas theabused departmentor neglected prior to final entry of an order declaring parental rights terminated and enter a finding that the departmentinfant's isrelinquishment. deemed to have made reasonable efforts to prevent or eliminate the need for removal and that reunification efforts are not required.

(4)(3) TheIf the court finds that the department has satisfied the requirements of this subsection (3) and that removal of the infant is notnecessary requiredin order to conductsafeguard athe searchinfant's forwelfare, it shall order continued custody of the relativesinfant in the department prior to final entry of aan childorder fordeclaring whomparental rights terminated and enter a finding that the department assumesis care,deemed control,to have made reasonable efforts to prevent or eliminate the need for removal and custodythat underreunification thisefforts article.are not required.

(4) The department shall conduct a reasonable search for the relatives of the child for whom the department assumes care, control, and custody under this article within forty-five (45) days of assuming care, control and custody of the child.

The notice and the news releaseS. must also state that any person wishing to assert parental rights in regard to the infant must do so at the hearing.

If the parent who relinquished the infant identified anyone else as being a parent of the infant, the notice must be sent by certified mail S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 10 torelease themust lastalso knownstate addressthat ofany the person identifiedwishing asto aassert parentparental atrights leastin tworegard (2)to weeksthe priorinfant tomust do so at the hearing.

If the parent who relinquished the infant identified anyone else as being a parent of the infant, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two (2) weeks prior to the hearing.

A hearing on the petition must be held no earlier than thirtysixty (30)(60) days and no later than forty-fiveseventy-five (45)(75) days after the department takes legal custody of the infant.

A hearing on the petition for termination of parentalS. rights must be set for no later than thirty (30) days after the petition is filed.

SECTION 7.

Section 43-21-201, Mississippi Code of 1972, is amended as follows:

S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 11 43-21-201.parental rights must be set for no later than thirty (30) days after the petition is filed.

SECTION 7.

Section 43-21-201, Mississippi Code of 1972, is amended as follows:

43-21-201.

(2) When a party first appears before the youth court, the judge shall ascertain whether he is represented by counsel and, if not,S. inform him of his rights, including his right to counsel.

If the court determines that a parent or guardian who is a party in an abuse, neglect or termination of parental rights proceeding is S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 12 indigent,not, theinform youthhim courtof judgehis mayrights, appointincluding counselhis right to representcounsel. the indigent parent or guardian in the proceeding.

If the court determines that a parent or guardian who is a party in an abuse, neglect or termination of parental rights proceeding is indigent, the youth court judge may appoint counsel to represent the indigent parent or guardian in the proceeding.

Attorneys appointed by a youth court to five (5) or fewer cases a year are exempt from the requirements of this subsection.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 13 (4)Attorneys Theappointed child'sby attorneya shallyouth owecourt the same duties of undivided loyalty, confidentiality and competent representation to thefive child(5) or minorfewer ascases isa dueyear anare adultexempt clientfrom pursuant to the Mississippirequirements Rules of Professionalthis Conduct.subsection.

(4) The child's attorney shall owe the same duties of undivided loyalty, confidentiality and competent representation to the child or minor as is due an adult client pursuant to the Mississippi Rules of Professional Conduct.

(7) The Department of Child Protection Services shall be a necessary party at all stages of the proceedings involving a child forS. whom the department has custody, including, but not limited to, shelter, adjudicatory, disposition and permanency hearings.

S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 14 SECTIONfor 8.whom the department has custody, including, but not limited to, shelter, adjudicatory, disposition and permanency hearings.

SECTION 8.

(b) One (1) chancery court judge, appointed by the Chief Justice of the Mississippi Supreme Court;

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 15 (c)(b) TheOne President(1) ofchancery thecourt Mississippijudge, Councilappointed ofby Youththe CourtChief Judges,Justice orof histhe designee;Mississippi Supreme Court;

(c) The President of the Mississippi Council of Youth Court Judges, or his designee;

(k) One (1) employee, other than the director, of the Department of Child Protection Services who is experienced with the legal process of youth court cases, appointed by the Governor;

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 16 ((k) *One *(1) *l)employee, Oneother (1)than municipalthe policedirector, chief,of the Department of Child Protection Services who is experienced with the legal process of youth court cases, appointed by the Governor;

( * * *l) One (1) municipal police chief, appointed by the Governor;

* * * Twelve (12) or more members shallS. constitute a quorum for the purpose of conducting any business of the commission;

provided, however, a vote of not less S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 17 thanshall *constitute *a *quorum fourteenfor (14)the memberspurpose shallof beconducting required for any recommendationsbusiness toof the Legislature.commission;

provided, however, a vote of not less than * * * fourteen (14) members shall be required for any recommendations to the Legislature.

(7) The Governor's Office of Federal-State Programs shall support the Commission on a Uniform Youth Court System and shall S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 18 (7) The Governor's Office of Federal-State Programs shall support the Commission on a Uniform Youth Court System and shall act as agent for any funds made available to the commission for its use.

SECTION 10.

Section 43-21-703, Mississippi Code of 1972, is amended as follows:

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 19 43-21-703.SECTION 10.

Section 43-21-703, Mississippi Code of 1972, is amended as follows:

43-21-703.

(3) The commission, in addition to recommending the plan described in this section, shall serve as a clearinghouse and information center for the collection, preparation, analysis and S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 20 (3) The commission, in addition to recommending the plan described in this section, shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on the youth court system in Mississippi and shall conduct ongoing research relating to the improvement of the youth court system.

(b) The proceeding shall be triable, either in term time or vacation, thirty (30) days after personal service of process to any necessary party or, for a necessary party whose address is unknown after diligent search, thirty (30) days after the date of the first publication of service of process by publicationS. that complies with the Mississippi Rules of Civil Procedure.

(c) Necessary parties to a termination of parental rights action shall include the mother of the child, the legal S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 21 fatherpublication ofthat thecomplies child,with the putativeMississippi fatherRules of theCivil childProcedure. when known, and any agency, institution or person holding custody of the child.

(c) Necessary parties to a termination of parental rights action shall include the mother of the child, the legal father of the child, the putative father of the child when known, and any agency, institution or person holding custody of the child.

The assigned judge shall be immediatelyS. notified when a case is filed in order to provide for expedited proceedings.

SECTION 12.

Section 93-17-3, Mississippi Code of 1972, is amended as follows:

S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 22 93-17-3.immediately notified when a case is filed in order to provide for expedited proceedings.

SECTION 12.

Section 93-17-3, Mississippi Code of 1972, is amended as follows:

93-17-3.

(i) The minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state;

and (ii) There is available in this state substantial evidence concerning the minor's present or future care;

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 23 (d)(i) The minor and the prospectiveminor's adoptiveparents, parent or parents are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected, and the prospective adoptive parentparent, or parents, if not residing in Mississippi, have completeda andsignificant providedconnection the court with athis satisfactorystate; Interstate Compact for Placement of Children (ICPC) home study and accompanying forms, unless the court determines that the home study is not necessary;

and (ii) There is available in this state substantial evidence concerning the minor's present or future care;

(d) The minor and the prospective adoptive parent or parents are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected, and the prospective adoptive parent or parents, if not residing in Mississippi, have completed and provided the court with a satisfactory Interstate Compact for Placement of Children (ICPC) home study and accompanying forms, unless the court determines that the home study is not necessary;

or (f) The child has been adopted in a foreign country, the agency that placed the minor for adoption is licensed in this state,S. and it is in the best interest of the child to be readopted in a court of this state having jurisdiction.

(2) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if, at the time the petition for adoption is filed, a proceeding concerning the custody or adoption of the minor is pending in a court of another state S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 24 exercisingstate, jurisdictionand substantiallyit is in conformity with the Uniformbest Childinterest Custodyof Jurisdiction Act or this section unless the proceedingchild isto stayedbe byreadopted thein a court of thethis otherstate state.having jurisdiction.

(2) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if, at the time the petition for adoption is filed, a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction Act or this section unless the proceeding is stayed by the court of the other state.

and (b)S. The court of this state has jurisdiction over the proceeding.

(4) Any person may be adopted in accordance with the provisions of this chapter in term time or in vacation by an unmarried adult, by a married person whose spouse joins in the petition, by a married person whose spouse does not join in the S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 25 petition(b) becauseThe such spouse does not cohabit or reside with the petitioning spouse, and in any circumstances determined by the court thatof thethis adoptionstate ishas injurisdiction theover best interest of the child.proceeding.

(4) Any person may be adopted in accordance with the provisions of this chapter in term time or in vacation by an unmarried adult, by a married person whose spouse joins in the petition, by a married person whose spouse does not join in the petition because such spouse does not cohabit or reside with the petitioning spouse, and in any circumstances determined by the court that the adoption is in the best interest of the child.

In addition, the petition shall be accompanied by affidavits of the petitioner or petitioners stating the amount of the service fees charged by any adoptionS. agencies or adoption facilitators used by the petitioner or petitioners and any other expenses paid by the petitioner or petitioners in the adoption process as of the time of filing the petition.

If the doctor's or nurse practitioner's certificate indicates any abnormal mental or physical condition or defect, the condition or defect shall not, in the discretion of the chancellor S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 26 oradoption youthagencies courtor judge, bar the adoption offacilitators theused childby if the adoptingpetitioner parent or parentspetitioners fileand anany affidavitother statingexpenses fullpaid andby complete knowledge of the conditionpetitioner or defectpetitioners andin statingthe aadoption desireprocess toas adoptof the child,time notwithstandingof filing the conditionpetition. or defect.

If the doctor's or nurse practitioner's certificate indicates any abnormal mental or physical condition or defect, the condition or defect shall not, in the discretion of the chancellor or youth court judge, bar the adoption of the child if the adopting parent or parents file an affidavit stating full and complete knowledge of the condition or defect and stating a desire to adopt the child, notwithstanding the condition or defect.

(6)S. No person may be adopted by a person or persons who reside outside the State of Mississippi unless the provisions of the Interstate Compact for Placement of Children (Section 43-18-1 et seq.) have been complied with.

In such cases Forms 100A, 100B (if applicable) and evidence of Interstate Compact for Placement of Children approval shall be added to the permanent adoption record file within one (1) month of the placement, and a minimum S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 27 of(6) twoNo (2)person post-placementmay reportsbe conductedadopted by a licensedperson child-placingor agencypersons shallwho bereside providedoutside to the State of Mississippi Departmentunless ofthe Childprovisions Protectionof Servicesthe Interstate Compact for Placement of Children office.(Section 43-18-1 et seq.) have been complied with.

In such cases Forms 100A, 100B (if applicable) and evidence of Interstate Compact for Placement of Children approval shall be added to the permanent adoption record file within one (1) month of the placement, and a minimum of two (2) post-placement reports conducted by a licensed child-placing agency shall be provided to the Mississippi Department of Child Protection Services Interstate Compact for Placement of Children office.

(8) The readoption of a child who has automatically acquired United States citizenship following an adoption in a foreign country and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, Public Law 106-395, may be given full force and effect in a readoption proceeding conducted by a court of competent jurisdiction in this stateS. by compliance with the Mississippi Registration of Foreign Adoptions Act, Article 9 of this chapter.

(9) For adult adoptees who consent to the adoption, a chancellor may waive any of the petition requirements and procedural requirements within subsections (4), (5), (6) and (7) of this section.

S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 28 (10)state Forby proceedingscompliance filedwith under this chapter, the chanceryMississippi courtRegistration hasof originalForeign exclusiveAdoptions jurisdictionAct, overArticle all9 adoption proceedings except when a county court sitting as a youth court has acquired jurisdiction of athis childchapter. in an abuse or neglect proceeding.

(9) For adult adoptees who consent to the adoption, a chancellor may waive any of the petition requirements and procedural requirements within subsections (4), (5), (6) and (7) of this section.

(10) For proceedings filed under this chapter, the chancery court has original exclusive jurisdiction over all adoption proceedings except when a county court sitting as a youth court has acquired jurisdiction of a child in an abuse or neglect proceeding.

At any time after the filing of the petition for adoption and completion of process thereon, and before the entering of a final decree, the court may, in its discretion, of its own motion or on motion of any party to the proceeding, require an investigation and report to the court to be made by any person, officer or home as the court may designate and direct concerningS. the child, and * * * may require in adoptions, other than those in which the petitioner or petitioners are a relative or stepparent of the child, that a home study be performed of the petitioner or petitioners by a licensed adoption agency or by the Department of Human Services, at the petitioner's or petitioners' sole expense and at no cost to the state or county.

The S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 29 investigationconcerning the child, and report* shall* give* themay materialrequire factsin uponadoptions, other than those in which the courtpetitioner mayor determinepetitioners whetherare a relative or stepparent of the childchild, isthat a properhome subjectstudy forbe adoption,performed whetherof the petitioner or petitioners areby suitablea parentslicensed foradoption theagency child,or whetherby the adoptionDepartment isof toHuman itsServices, bestat interest,the andpetitioner's anyor otherpetitioners' factssole orexpense circumstancesand thatat mayno becost material to the proposedstate adoption.or county.

The investigation and report shall give the material facts upon which the court may determine whether the child is a proper subject for adoption, whether the petitioner or petitioners are suitable parents for the child, whether the adoption is to its best interest, and any other facts or circumstances that may be material to the proposed adoption.

Upon the filing of that consent or the completion of the process and the filing of the investigation and report, if required by the court or by this section, and the presentation of such other evidence as may be desired by the court, if the court determines that it is to the best interests of the child that an interlocutory decree of adoption be entered, the court may thereupon enter an interlocutory decree upon such terms and conditions as may be determined by the court, in its discretion, but including therein that the complete care, custody and control of the child shall be vested in the petitioner or petitioners until further orders of the court and that during such time the S.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS PAGE 30 interlocutory decree of adoption be entered, the court may thereupon enter an interlocutory decree upon such terms and conditions as may be determined by the court, in its discretion, but including therein that the complete care, custody and control of the child shall be vested in the petitioner or petitioners until further orders of the court and that during such time the child shall be and remain a ward of the court.

SECTIONS. 14.

B.

No.

2377 *SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739PS PAGE 31 SECTION 14.

All pleadings, reports, files, testimony, exhibits and records pertaining to * * * adoption proceedings shall be S.confidential and shall not be public records and shall be withheld from inspection or examination by any person, and shall not be disclosed by any person except upon order of the court in which the proceeding was had on good cause shown.

B.

No.

2377 *SS36/R739CS.1* ~ OFFICIAL ~ 23/SS36/R739CS.1 PAGE 31 confidential and shall not be public records and shall be withheld from inspection or examination by any person, and shall not be disclosed by any person except upon order of the court in which the proceeding was had on good cause shown.

SECTIONS. 16.

B.

No.

2377 *SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739PS PAGE 32 SECTION 16.

2377 *SS36/R739CS.1**SS36/R739PS* ~ OFFICIAL ~ 23/SS36/R739CS.123/SS36/R739PS ST:

enact Mississippi Safe Haven Law, PAGE 3233 provide, establish clear path to permanency for children in custody of.