HB 1115 — Durable legal custody; clarify jurisdiction for.

1115 (As Sent to Governor) AN ACT TO AMEND SECTION 43-21-609, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF YOUTH COURT REGARDING DURABLE LEGAL CUSTODY;

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ G1/2 23/HR43/R191023/HR43/R1910SG PAGE 1 (GT\EW) prescribe;

TheAfter youthgranting courtdurable oflegal thecustody countyof ina whichminor child, the childyouth iscourt located shall retain original and exclusive jurisdiction of anyall matters related to durable legal custody, including, but not limited to, petitions to modify the durable legal custody.

2.H.

That the relative guardian or fictive kin guardian shows full commitment to the care, shelter, education, nurture, and reasonable medical care of the child;

and H.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 2(GT\EW) 3.2.

That the relative guardian or fictive kin guardian shows full commitment to the care, shelter, education, nurture, and reasonable medical care of the child;

and 3.

(f) Give legal custody of the child to any of the following but in no event to any state training school:

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 3(GT\EW) (i)(f) TheGive Departmentlegal custody of Childthe Protectionchild Servicesto forany appropriateof placement;the following but in no event to any state training school:

(i) The Department of Child Protection Services for appropriate placement;

or (ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the H.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 4(GT\EW) (ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his or her own home, and there is no reasonable alternative to custody;

The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which H.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 5(GT\EW) original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole.

Notice of such hearingH. shall be given in accordance with the provisions of Section 43-21-505(5).

In conducting the hearing, the judge or H.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 6(GT\EW) refereehearing shall requirebe agiven writtenin reportaccordance andwith may require information or statements from the child'sprovisions youth court counselor, parent, guardian or custodian, which includes, but is not limited to, an evaluation of theSection child's43-21-505(5). progress and recommendations for further supervision or treatment.

In conducting the hearing, the judge or referee shall require a written report and may require information or statements from the child's youth court counselor, parent, guardian or custodian, which includes, but is not limited to, an evaluation of the child's progress and recommendations for further supervision or treatment.

The judge or referee may find that reasonable efforts to maintain the child within his home shall not be required in accordance with Section 43-21-603(7)(c), and that the youth court shall continue to conduct permanency hearings for a child who has been adjudicated abused or neglected, at least annually thereafter, for as long as the child remains in H.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 7(GT\EW) at least annually thereafter, for as long as the child remains in the custody of the Mississippi Department of Child Protection Services.

(d) Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the courtH. has granted durable legal custody.

In such cases, the H.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG PAGE 8(GT\EW) Departmentcourt ofhas Childgranted Protectiondurable Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custodycustody. and supervision of the child.

In such cases, the Department of Child Protection Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child.

1115 *HR43/R1910**HR43/R1910SG* ~ OFFICIAL ~ 23/HR43/R191023/HR43/R1910SG ST: