Bill Text: MS HB1202 | 2017 | Regular Session | Introduced
Bill Title: Termination of parental rights; authorize parents to request a transfer to chancery court.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB1202 Detail]
Download: Mississippi-2017-HB1202-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Human Services
By: Representative Bennett
House Bill 1202
AN ACT TO AMEND SECTION 93-15-105, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A PARENT DURING AN INVOLUNTARY TERMINATION OF PARENTAL RIGHTS PROCEEDING TO REQUEST THAT THE CASE BE TRANSFERRED TO CHANCERY COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-15-105, Mississippi Code of 1972, is amended as follows:
93-15-105. (1) (a) The chancery court has original exclusive jurisdiction over all termination of parental rights proceedings except that a county court, when sitting as a youth court with jurisdiction of a child in an abuse or neglect proceeding, has original exclusive jurisdiction to hear a petition for termination of parental rights against a parent of that child.
(b) A parent may request, within ten (10) days of a petition for involuntary termination of parental rights being filed in the county court sitting as a youth court, that jurisdiction of the case be transferred to chancery court, whereupon the chancery court, and not the county court sitting as a youth court, shall hear the case.
(2) (a) Venue in a county court sitting as a youth court for termination of parental rights proceedings shall be in the county in which the court has jurisdiction of the child in the abuse or neglect proceedings. Venue in chancery court for termination of parental rights proceedings shall be proper either in the county in which the defendant resides, the child resides or in the county where an agency or institution having custody of the child is located.
(b) Transfers of venue shall be governed by the Mississippi Rules of Civil Procedure.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
