Bill Text: MS SB2074 | 2023 | Regular Session | Introduced

Mississippi Senate Bill 2074 (Prior Session Legislation)

MS State Legislature page for SB2074

Introduced

Bill Title: Youth court; prohibit intake based solely on the opinion of a medical professional on contract with DHS or CPS.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-01-31 - Died In Committee [SB2074 Detail]

Download: Mississippi-2023-SB2074-Introduced.html

MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary, Division A

By: Senator(s) Hill

Senate Bill 2074

AN ACT TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO REQUIRE A YOUTH COURT TO CONSIDER THE OPINION OF A MEDICAL PROFESSIONAL SUBMITTED BY A CHILD'S PARENT OR GUARDIAN BEFORE ENTERING AN INTAKE ORDER; TO PROHIBIT THE YOUTH COURT FROM ENTERING AN INTAKE ORDER BASED SOLELY ON THE OPINION OF A MEDICAL PROFESSIONAL UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES OR THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO AMEND SECTION 43-21-561, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO CONSIDER THE OPINION OF A MEDICAL PROFESSIONAL OBTAINED BY THE CHILD'S PARENT OR GUARDIAN AND PROPERLY ADMITTED AS EVIDENCE BEFORE ENTERING AN ORDER ADJUDICATING THE CHILD TO BE A NEGLECTED CHILD, AN ABUSED CHILD, DEPENDENT CHILD OR A CHILD IN NEED OF SPECIAL CARE; TO PROHIBIT THE YOUTH COURT FROM ENTERING AN ORDER ADJUDICATING THE CHILD TO BE A NEGLECTED CHILD, AN ABUSED CHILD, DEPENDENT CHILD OR A CHILD IN NEED OF SPECIAL CARE BASED SOLELY ON THE OPINION OF A MEDICAL PROFESSIONAL UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES OR THE DEPARTMENT OF CHILD PROTECTION SERVICES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-21-357, Mississippi Code of 1972, is amended as follows:

43-21-357. (1) After receiving a report, the youth court intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:

(a) That the youth court take no action;

(b) That an informal adjustment be made;

(c) The Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;

(d) That the child is warned or counseled informally;

(e) That the child be referred to the youth court intervention court; or

(f) That a petition be filed.

(2) The youth court shall then, without a hearing:

(a) Order that no action be taken;

(b) Order that an informal adjustment be made;

(c) Order that the Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;

(d) Order that the child is warned or counseled informally;

(e) Order that the child be referred to the youth intervention court; or

(f) Order that a petition be filed.

(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.

(4) (a) Before entering an order under subsection (2) of this section, the youth court shall consider the opinion of a medical professional obtained by the child's parent, guardian or legal custodian if the child's parent, guardian or legal custodian submits the opinion of a medical professional to the youth court.

(b) The youth court shall not enter an order under subsection (2) of this section based solely on the opinion of a medical professional under contract with the Department of Human Services or the Department of Child Protection Services.

SECTION 2. Section 43-21-561, Mississippi Code of 1972, is amended as follows:

43-21-561. (1) If the youth court finds on proof beyond a reasonable doubt that a child is a delinquent child or a child in need of supervision, the youth court shall enter an order adjudicating the child to be a delinquent child or a child in need of supervision.

(2) Where the petition alleges that the child is a delinquent child, the youth court may enter an order that the child is a child in need of supervision on proof beyond a reasonable doubt that the child is a child in need of supervision.

(3) (a) If the court finds from a preponderance of the evidence that the child is a neglected child, an abused child, a dependent child or a child in need of special care the youth court shall enter an order adjudicating the child to be a neglected child, an abused child, dependent child or a child in need of special care.

(b) Before entering an order adjudicating the child to be a neglected child, an abused child, dependent child or a child in need of special care, the youth court shall consider the opinion of a medical professional obtained by the child's parent, guardian or legal custodian if the child's parent, guardian or legal custodian submits the opinion of a medical professional to the youth court and the opinion is properly admitted under Section 43-21-559.

(c) The youth court shall not enter an order adjudicating a child to be a neglected child, an abused child, dependent child or a child in need of special care based solely on the opinion of a medical professional under contract with the Department of Human Services or the Department of Child Protection Services.

(4) No decree or order of adjudication concerning any child shall recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child or a child in need of supervision or a neglected child or an abused child or a sexually abused child or a dependent child or a child in need of special care. Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the adjudication that the child is a delinquent child, a child in need of supervision, a neglected child, an abused child, a dependent child or a child in need of special care.

(5) No adjudication upon the status of any child shall operate to impose any of the civil disabilities ordinarily imposed on an adult because of a criminal conviction, nor shall any child be deemed a criminal by reason of adjudication, nor shall that adjudication be deemed a conviction. A person in whose interest proceedings have been brought in the youth court may deny, without any penalty, the existence of those proceedings and any adjudication made in those proceedings. Except for the right of a defendant or prosecutor in criminal proceedings and a respondent or a youth court prosecutor in youth court proceedings to cross-examine a witness, including a defendant or respondent, to show bias or interest, no adjudication shall be used for impeachment purposes in any court.

(6) (a) No statements, admissions or confessions made by or incriminatory information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceedings.

(b) The provisions of paragraph (a) of this subsection are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.