Bill Text: MS SB2682 | 2020 | Regular Session | Introduced
Bill Title: Supreme Court's Commission on Children's Justice; recommendation on child abuse and neglect proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [SB2682 Detail]
Download: Mississippi-2020-SB2682-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division A; Judiciary, Division B
By: Senator(s) Wiggins
Senate Bill 2682
AN ACT TO IMPLEMENT THE RECOMMENDATIONS OF THE SUPREME COURT'S COMMISSION ON CHILDREN'S JUSTICE; TO AMEND SECTIONS 43-21-301 AND 43-21-303, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF CHILD ENDANGERMENT; TO AMEND SECTION 43-21-609, MISSISSIPPI CODE OF 1972, TO REMOVE THE NECESSITY TO CONSIDER ADOPTION BEFORE FINDING THAT DURABLE LEGAL CUSTODY IS IN THE BEST INTEREST OF A CHILD; TO AMEND SECTION 43-21-353, MISSISSIPPI CODE OF 1972, TO REVISE WHO IS MANDATED TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT; TO AMEND SECTION 43-21-355, MISSISSIPPI CODE OF 1972, TO EXPAND CIVIL AND CRIMINAL IMMUNITY ARISING FROM A REPORT OF CHILD ABUSE OR NEGLECT; TO AMEND SECTION 93-15-105, MISSISSIPPI CODE OF 1972, TO CLARIFY JURISDICTION AND VENUE; TO AMEND SECTION 93-15-115, MISSISSIPPI CODE OF 1972, TO CLARIFY INVOLUNTARY TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROCEDURES WHEN A PROSPECTIVE ADOPTIVE FAMILY DOES NOT RESIDE IN MISSISSIPPI; TO AMEND SECTION 93-17-12, MISSISSIPPI CODE OF 1972, TO REVISE FEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-301, Mississippi Code of 1972, is amended as follows:
43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.
(2) Except as otherwise provided, no child in a matter in which the youth court has exclusive original jurisdiction shall be taken into custody by a law enforcement officer, the Department of Human Services, the Department of Child Protection Services, or any other person unless the judge or his designee has issued a custody order to take the child into custody.
(3) The judge or his designee may require a law enforcement officer, the Department of Human Services, the Department of Child Protection Services, or any suitable person to take a child into custody for a period not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays.
(a) Custody orders under this subsection may be issued if it appears that there is probable cause to believe that:
(i) The child is within the jurisdiction of the court;
(ii) Custody is
necessary because of any of the following reasons: the child is * * * in danger of a significant risk
of imminent harm, any person would be * * * in danger of a significant risk
or imminent harm by the child, to ensure the child's attendance in court at
such time as required, or a parent, guardian or custodian is not
available to provide for the care and supervision of the child; and
(iii) There is no reasonable alternative to custody.
A finding of probable
cause under this subsection (3)(a) shall not be based solely upon a positive
drug test of a newborn or parent for marijuana; however, a finding of probable
cause may be based upon an evidence-based finding of harm to the child or a
parent's inability to provide for the care and supervision of the child due to
the parent's use of marijuana. Probable cause for unlawful use of any
controlled substance, except as otherwise provided in this subsection (3)(a)
for marijuana, may be based: 1. upon a parent's positive drug test for
unlawful use of a controlled substance only if the child is * * * in danger of a significant risk
of imminent harm or the parent is unable to provide proper care or supervision
of the child because of the unlawful use and there is no reasonable alternative
to custody; and 2. upon a newborn's positive drug screen for a controlled
substance that was used unlawfully only if the child is * * * in danger of a significant risk
of imminent harm or the parent is unable to provide proper care or
supervision of the child because of the unlawful use and there is no reasonable
alternative to custody.
(b) Custody orders under this subsection shall be written. In emergency cases, a judge or his designee may issue an oral custody order, but the order shall be reduced to writing within forty-eight (48) hours of its issuance.
(c) Each youth court judge shall develop and make available to law enforcement a list of designees who are available after hours, on weekends and on holidays.
(4) The judge or his designee may order, orally or in writing, the immediate release of any child in the custody of any person or agency. Except as otherwise provided in subsection (3) of this section, custody orders as provided by this chapter and authorizations of temporary custody may be written or oral, but, if oral, reduced to writing within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays. The written order shall:
(a) Specify the name and address of the child, or, if unknown, designate him or her by any name or description by which he or she can be identified with reasonable certainty;
(b) Specify the age of the child, or, if unknown, that he or she is believed to be of an age subject to the jurisdiction of the youth court;
(c) Except in cases
where the child is alleged to be a delinquent child or a child in need of
supervision, state 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 requirement is bypassed under Section
43-21-603(7)(c), also state that (i) reasonable efforts have been made to
maintain the child within his or her own home, but that the circumstances
warrant his removal and there is no reasonable alternative to custody; or (ii)
the circumstances are of such an emergency nature that no reasonable efforts
have been made to maintain the child within his own home, and that there is no
reasonable alternative to custody. If the court makes a finding in accordance
with (ii) of this paragraph, the court shall order that reasonable efforts be
made * * *
toward the reunification of the child with his or her family;
(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;
(e) State the date issued and the youth court by which the order is issued; and
(f) Be signed by the judge or his designee with the title of his office.
(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.
(6) (a) No child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed in an adult jail or lockup. An accused status offender shall not be held in secure detention longer than twenty-four (24) hours prior to and twenty-four (24) hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, except under the following circumstances: a status offender may be held in secure detention for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto, and out-of-state runaways may be detained pending return to their home state.
(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.
(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.
(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement to detain or place into custody the juvenile offenders of that county with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility.
(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties shall be allowed a one-year grace period from March 27, 1993, to comply with the provisions of this subsection.
SECTION 2. Section 43-21-303, Mississippi Code of 1972, is amended as follows:
43-21-303. (1) No child in a matter in which the youth court has original exclusive jurisdiction shall be taken into custody by any person without a custody order except that:
(a) A law enforcement officer may take a child in custody if:
(i) Grounds exist for the arrest of an adult in identical circumstances; and
(ii) Such law
enforcement officer has probable cause to believe that custody is necessary as
defined in Section 43-21-301 * * *; and
(iii) Such law enforcement officer can find no reasonable alternative to custody; or
(b) A law enforcement officer or an agent of the Department of Child Protection Services or the Department of Human Services may take a child into immediate custody if:
(i) There is
probable cause to believe that the child is in immediate danger of personal
harm; however, probable cause shall not be based solely upon a positive drug
test of a newborn or parent for marijuana, but a finding of probable cause may
be based upon an evidence-based finding of harm to the child or a parent's
inability to provide for the care and supervision of the child due to the
parent's use of marijuana. Probable cause for unlawful use of any controlled
substance, except as otherwise provided in this subparagraph (i) for marijuana,
may be based: 1. upon a parent's positive drug test for unlawful use of a
controlled substance only if the child is * * * in danger of a significant risk
of imminent harm or the parent is unable to provide proper care or
supervision of the child because of the unlawful use and there is no reasonable
alternative to custody; and 2. upon a newborn's positive drug screen for a
controlled substance that was used unlawfully only if the child is * * * in danger of a significant risk
of imminent harm or the parent is unable to provide proper care or
supervision of the child because of the unlawful use and there is no reasonable
alternative to custody; and
(ii) There is probable cause to believe that immediate custody is necessary as set forth in Section 43-21-301(3); and
(iii) There is no reasonable alternative to custody; and
(c) Any other person may take a child into custody if grounds exist for the arrest of an adult in identical circumstances. Such other person shall immediately surrender custody of the child to the proper law enforcement officer who shall thereupon continue custody only as provided in subsection (1)(a) of this section.
(2) When it is necessary to take a child into custody, the least restrictive custody should be selected.
(3) Unless the child is immediately released, the person taking the child into custody shall immediately notify the judge or his designee. A person taking a child into custody shall also make continuing reasonable efforts to notify the child's parent, guardian or custodian and invite the parent, guardian or custodian to be present during any questioning.
(4) A child taken into custody shall not be held in custody for a period longer than reasonably necessary, but not to exceed twenty-four (24) hours, and shall be released to his parent, guardian or custodian unless the judge or his designee authorizes temporary custody.
SECTION 3. Section 43-21-609, Mississippi Code of 1972, is amended as follows:
43-21-609. In neglect and abuse cases, the disposition order may include any of the following alternatives, giving precedence in the following sequence:
(a) Release the child without further action;
(b) Place the child in
the custody of his parents, a relative or other person subject to any
conditions and limitations as the court may prescribe. If the court finds that
temporary relative placement * * * or foster care placement is inappropriate,
unavailable or otherwise not in the best interest of the child, durable legal
custody may be granted by the court to any person subject to any limitations
and conditions the court may prescribe; such durable legal custody will not
take effect unless the child or children have been in the physical custody of
the proposed durable custodians for at least six (6) months under the
supervision of the Department of Human Services. The requirements of Section
43-21-613 as to disposition review hearings do not apply to those matters in
which the court has granted durable legal custody. In such cases, the
Department of Human Services shall be released from any oversight or monitoring
responsibilities;
(c) (i) Grant durable legal relative guardianship to a relative or fictive kin licensed as a foster parent if the licensed relative foster parent or licensed fictive kin foster parent exercised physical custody of the child for at least six (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. In order to establish durable legal relative guardianship, the youth court must find the following:
1. That * * * reunification * * * has been determined
to be inappropriate;
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. That the youth court consulted with any child twelve (12) years of age or older before granting durable legal relative guardianship.
(ii) The requirements of Section 43-21-613 as to disposition review hearings do not apply to a hearing concerning durable legal relative guardianship. 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;
(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;
(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;
(f) Give legal custody of the child to any of the following but in no event to any state training school:
(i) The Department of Child Protection Services for appropriate placement; or
(ii) Any private or public organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for 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 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:
(i) That reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his or her removal, and there is no reasonable alternative to custody; or
(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; or
(iii) If the court makes a finding in accordance with subparagraph (ii) of this paragraph, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family; or
(h) If the court had, before the disposition hearing in the action pending before the court, taken the child into custody, 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 disposition hearing.
SECTION 4. Section 43-21-353, Mississippi Code of 1972, is amended as follows:
43-21-353. (1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public or private school employee, licensed professional counselor or any other person having reasonable cause to suspect that a child is a neglected child, an abused child, or a victim of commercial sexual exploitation or human trafficking shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services, and immediately a referral shall be made by the Department of Child Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357. In the course of an investigation, at the initial time of contact with the individual(s) about whom a report has been made under this Youth Court Act or with the individual(s) responsible for the health or welfare of a child about whom a report has been made under this chapter, the Department of Child Protection Services shall inform the individual of the specific complaints or allegations made against the individual. Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed at that point. Where appropriate, the Department of Child Protection Services shall additionally make a referral to the youth court prosecutor.
Upon receiving a report that a child has been sexually abused, is a victim of commercial sexual exploitation or human trafficking or has been burned, tortured, mutilated or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a felony under state or federal law, the Department of Child Protection Services shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred. Within forty-eight (48) hours, the department must notify the appropriate prosecutor and the Statewide Human Trafficking Coordinator. The department shall have the duty to provide the law enforcement agency all the names and facts known at the time of the report; this duty shall be of a continuing nature. The law enforcement agency and the department shall investigate the reported abuse immediately and shall file a preliminary report with the appropriate prosecutor's office within twenty-four (24) hours and shall make additional reports as new or additional information or evidence becomes available. The department shall advise the clerk of the youth court and the youth court prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as information becomes available. In addition, if the Department of Child Protection Services determines that a parent or other person responsible for the care or welfare of an abused or neglected child maintains active duty status within the military, the department shall notify the applicable military installation family advocacy program that there is an allegation of abuse or neglect that relates to that child.
(2) Any report shall contain the names and addresses of the child and his parents or other persons responsible for his care, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, any other information that might be helpful in establishing the cause of the injury, and the identity of the perpetrator.
(3) The Department of Child Protection Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse, commercial sexual exploitation or human trafficking; provided that any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer or public or private school employee who is required to report under subsection (1) of this section shall report in the manner required in subsection (1).
(4) Reports of abuse, neglect and commercial sexual exploitation or human trafficking made under this chapter and the identity of the reporter are confidential except when the court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor pursuant to subsection (1). Reports made under this section to any law enforcement agency or prosecutorial officer are for the purpose of criminal investigation and prosecution only and no information from these reports may be released to the public except as provided by Section 43-21-261. Disclosure of any information by the prosecutor shall be according to the Mississippi Uniform Rules of Circuit and County Court Procedure. The identity of the reporting party shall not be disclosed to anyone other than law enforcement officers or prosecutors without an order from the appropriate youth court. Any person disclosing any reports made under this section in a manner not expressly provided for in this section or Section 43-21-261 shall be guilty of a misdemeanor and subject to the penalties prescribed by Section 43-21-267. Notwithstanding the confidentiality of the reporter's identity under this section, the Department of Child Protection Services may disclose a reporter's identity to the appropriate law enforcement agency or prosecutor if the department has reason to suspect the reporter has made a fraudulent report, and the Department of Child Protection Services must provide to the subject of the alleged fraudulent report written notification of the disclosure.
(5) All final dispositions of law enforcement investigations described in subsection (1) of this section shall be determined only by the appropriate prosecutor or court. All final dispositions of investigations by the Department of Child Protection Services as described in subsection (1) of this section shall be determined only by the youth court. Reports made under subsection (1) of this section by the Department of Child Protection Services to the law enforcement agency and to the district attorney's office shall include the following, if known to the department:
(a) The name and address of the child;
(b) The names and addresses of the parents;
(c) The name and address of the suspected perpetrator;
(d) The names and addresses of all witnesses, including the reporting party if a material witness to the abuse;
(e) A brief statement of the facts indicating that the child has been abused, including whether the child experienced commercial sexual exploitation or human trafficking, and any other information from the agency files or known to the family protection worker or family protection specialist making the investigation, including medical records or other records, which may assist law enforcement or the district attorney in investigating and/or prosecuting the case; and
(f) What, if any, action is being taken by the Department of Child Protection Services.
(6) In any investigation of a report made under this chapter of the abuse or neglect of a child as defined in Section 43-21-105(l) or (m), the Department of Child Protection Services may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation, and in such cases the law enforcement officer shall comply with such request.
(7) Anyone who willfully violates any provision of this section shall be, upon being found guilty, punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year, or both.
(8) If a report is made
directly to the Department of Child Protection Services that a child has been
abused or neglected or experienced commercial sexual exploitation or human
trafficking in an out-of-home setting, a referral shall be made immediately to
the law enforcement agency in whose jurisdiction the abuse occurred and the
department shall notify the district attorney's office and the Statewide Human
Trafficking Coordinator within forty-eight (48) hours of such report. The
Department of Child Protection Services shall * * * determine whether the out-of-home
setting report of abuse or neglect * * * is of such a nature to
bring the child who is the subject of the report, or other children in the
same environment, comes within the jurisdiction of the youth court and shall
report to the youth court the department's findings and recommendation as to
whether the child who is the subject of the report or other children in the
same environment require the protection of the youth court. The law
enforcement agency shall investigate the reported abuse immediately and shall
file a preliminary report with the district attorney's office within forty-eight
(48) hours and shall make additional reports as new information or evidence
becomes available. If the out-of-home setting is a licensed facility, an
additional referral shall be made by the Department of Child Protection
Services to the licensing agency. The licensing agency shall investigate the
report and shall provide the department, the law enforcement agency and the
district attorney's office with their written findings from such investigation
as well as that licensing agency's recommendations and actions taken.
(9) If a child protective investigation does not result in an out-of-home placement, a child protective investigator must provide information to the parent or guardians about community service programs that provide respite care, counseling and support for children who have experienced commercial sexual exploitation or human trafficking, voluntary guardianship or other support services for families in crisis.
SECTION 5. Section 43-21-355, Mississippi Code of 1972, is amended as follows:
43-21-355. Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor or any other person participating in the making of a required report pursuant to Section 43-21-353 or participating in the judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person or institution reporting in good faith, or who otherwise provides information or assistance in connection with a report, investigation, legal intervention or inquiry arising from a report of child abuse or neglect, including, but not limited to, medical evaluations, diagnosis or consultations, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
SECTION 6. Section 93-15-105, Mississippi Code of 1972, is amended as follows:
93-15-105. (1) The
chancery court has original exclusive jurisdiction over all termination of
parental rights proceedings except that if a county court * * * sitting as a youth court * * * has acquired jurisdiction of a
child in an abuse or neglect proceeding, * * * then that court shall have original
exclusive jurisdiction to hear a petition for termination of parental rights
against a parent of that child pursuant to the procedures under this chapter.
(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 7. Section 93-15-115, Mississippi Code of 1972, is amended as follows:
93-15-115. When reasonable efforts for reunification are required for a child who is in the custody of, or under the supervision of, the Department of Child Protection Services pursuant to youth court proceedings, the court hearing a petition under this chapter may terminate the parental rights of a parent if, after conducting an evidentiary hearing, the court finds by clear and convincing evidence that:
(a) The child has been adjudicated abused or neglected;
(b) The child has been in the custody and care of, or under the supervision of, the Department of Child Protection Services for at least six (6) months, and, in that time period, the Department of Child Protection Services has developed a service plan for the reunification of the parent and the child;
(c) A permanency hearing,
or a permanency review hearing, has been conducted pursuant to the Uniform
Rules of Youth Court Practice * * *;
(d) The Department of Child Protection Services, or a licensed child caring agency under its supervision, has made reasonable efforts over a reasonable period to diligently assist the parent in complying with the service plan but the parent has failed to substantially comply with the terms and conditions of the plan and that reunification with the abusive or neglectful parent is not in the best interests of the child; and
( * * *e) Termination of the parent's
parental rights is appropriate because reunification between the parent and
child is not desirable toward obtaining a satisfactory permanency outcome based
on one or more of the grounds set out in Section 93-15-119 or 93-15-121.
SECTION 8. Section 93-17-3, Mississippi Code of 1972, is amended as follows:
93-17-3. (1) Except as otherwise provided in this section, a court of this state has jurisdiction over a proceeding for the adoption or readoption of a minor commenced under this chapter if:
(a) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent or another person acting as parent, for at least six (6) consecutive months, excluding periods of temporary absence, or, in the case of a minor under six (6) months of age, lived in this state from soon after birth with any of those individuals and there is available in this state substantial evidence concerning the minor's present or future care;
(b) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;
(c) The agency that placed the minor for adoption is licensed in this state and it is in the best interest of the minor that a court of this state assume jurisdiction because:
(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;
(d) (i) 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
(ii) The prospective adoptive parent or parents, if not residing in Mississippi, have completed and provide to the court a satisfactory Interstate Compact for Placement of Children (ICPC) home study and accompanying forms;
(e) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a) through (d), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction; or
(f) The child has been adopted in a foreign country, the agency that placed the minor for adoption is licensed in this state, 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 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.
(3) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor unless:
(a) The court of this state finds that the court of the state which issued the decree or order:
(i) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act or has declined to assume jurisdiction to modify the decree or order; or
(ii) Does not have jurisdiction over a proceeding for adoption substantially in conformity with subsection (1)(a) through (d) or has declined to assume jurisdiction over a proceeding for adoption; and
(b) 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 termtime or in
vacation by an unmarried adult * * *, by a married person whose spouse
joins in the petition, or by a married adult whose spouse does not consent
to the adoption if the married couple does not cohabit or reside together if it
is determined by the chancery court or the placing agency that the adoption is
in the best interest of the child. The adoption shall be by sworn petition
filed in the chancery court of the county in which the adopting petitioner or
petitioners reside or in which the child to be adopted resides or was born, or
was found when it was abandoned or deserted, or in which the home is located to
which the child has been surrendered by a person authorized to so do. If
the prospective adoptive family's permanent residence is outside the state, the
Interstate Compact for Placement of Children (ICPC) will be invoked and
approved before placement under Section 93-17-3(7) to ensure that adequate home
studies are conducted and that the placement is safe and in the best interest
of the child. The petition shall be accompanied by a doctor's or nurse
practitioner's certificate showing the physical and mental condition of the
child to be adopted and a sworn statement of all property, if any, owned by 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
adoption 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, 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. The court shall have the power to change the name of the child as a
part of the adoption proceedings. The word "child" in this section
shall be construed to refer to the person to be adopted, though an adult.
(5) Adoption by couples of the same gender is prohibited.
(6) No person may be placed in the home of or adopted by the prospective adopting parties before a court-ordered or voluntary home study is satisfactorily completed by a licensed adoption agency, a licensed, experienced social worker approved by the chancery court or by the Department of Human Services on the prospective adoptive parties if required by Section 93-17-11.
(7) 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 of two (2) post-placement reports
conducted by a licensed child-placing agency shall be provided to the
Mississippi Department of * * * Human Child Protection Services * * *.
(8) No person may be adopted unless the provisions of the Indian Child Welfare Act (ICWA) have been complied with, if applicable. When applicable, proof of compliance shall be included in the court adoption file prior to finalization of the adoption. If not applicable, a written statement or paragraph in the petition for adoption shall be included in the adoption petition stating that the provisions of ICWA do not apply before finalization.
(9) 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 state by compliance with the Mississippi Registration of Foreign Adoptions Act, Article 9 of this chapter.
SECTION 9. Section 93-17-12, Mississippi Code of 1972, is amended as follows:
93-17-12. In any child
custody matter hereafter filed in any chancery or county court in which
temporary or permanent custody has already been placed with a parent or
guardian and in all adoptions, the court shall impose a fee for any court-ordered
home study performed by the Department of * * * Child Protection Services or any
other entity. The fee shall be assessed upon either party or upon both parties
in the court's discretion. The minimum fee imposed shall be not less than * * * One
Thousand Two Hundred Fifty Dollars ($1,250.00) for each household on which
a home study is performed. The fee shall be paid directly to the Mississippi
Department of * * *
Child Protection Services prior to the home study being conducted by the
department or to the entity if the study is performed by another entity. The
judge may order the fee be paid by one or both of the parents or guardian. If
the court determines that both parents or the guardian are unable to pay the
fee, the judge shall waive the fee and the cost of the home study shall be
defrayed by the Department of * * * Child Protection Services.
SECTION 10. This act shall take effect and be in force from and after July 1, 2020.
