Miss. R. Youth Ct. Prac. 2

As amended through March 21, 2024

Rule 2 - SCOPE OF RULES

(a) Proceedings subject to these rules. The following proceedings are subject to these rules:

(1) any youth court proceeding;

(2) any chancery court proceeding when hearing, pursuant to section 93-11-65 of the Mississippi Code, an allegation of abuse or neglect of a child that first arises in the course of a custody or maintenance action;

(3) any proceeding conducted by a referee appointed pursuant to section 43-21-111 of the Mississippi Code;

(4) any proceeding conducted by a designee appointed pursuant to the Mississippi Youth Court Law when acting in a judicial capacity.

(b) Commencement of proceedings. Proceedings commence when a report or complaint of a child within the jurisdiction of the youth court requires an action by the youth court or by the chancery court or by a referee appointed pursuant to section 43-21-111 of the Mississippi Code or by a designee appointed pursuant to the Mississippi Youth Court Law when acting in a judicial capacity.

(c)All orders of the court to be in substantial compliance with these rules. Courts conducting any proceedings subject to these rules shall utilize the Mississippi Youth Court Information Delivery System (MYCIDS) pursuant to sections 9-21-9 and 43-21-351 of the Mississippi Code.

Miss. R. Youth Ct. Prac. 2

The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012; amended effective 12/1/2016.

Comments & Procedures

Rule 2(a)(1). The Mississippi Youth Court Law provides for the creation of youth courts throughout the state. See Miss. Code Ann. § 43-21-107(2008); see also In re T.L.C., 566 So. 2d 691, 696 (Miss. 1990) ("In a sense our youth courts are neither superior, equal to, or inferior to other "inferior" courts - they are special courts due to the special nature of their function.").

Rule 2(a)(2). Chancery court may hear an allegation of abuse or neglect of a child that first arises in the course of a custody or maintenance action when there has been no prior proceeding in youth court concerning that same child or, i( there has been a prior proceeding in youth court concerning that same child the youth court has terminated its ;urisdiction of that case pursuant to the Mississippi Youth Court Law. See Miss. Code Ann. §§ 43-21-151(1)(c); 93-11-65(4) (2008). All proceedings on the abuse and neglect charge shall be conducted in accordance with these rules.

Rule 2(a)(4). "Designee" means any person that the judge appoints to perform a duty which the Mississippi Youth Court Law requires to be done by the judge or the judge's designee. The judge may not appoint a person who is involved in law enforcement to be a designee. See Miss. Code Ann. § 43-21-105(c) (2008). A designee, when acting in a judicial capacity, is subject to these rules. See, e.g., Miss. Code Ann. §§ 43-21-301, -307, -311, and -451 (2008); B.A.D. v. Finnegan, 82 So. 3d 608, 613 (Miss. 2012) ("Because the youth court had terminated its iurisdiction, there was no chance ot conflicting orders and the like, as expressed in (KMK v. S.L.M ex rel. J.H. 775 So.2d 115 (Miss.2000)1. "). Designees appointed by the youth court judge are subject to the Code of Judicial Conduct. See Miss. Code Ann. § 43-21-201(5) (2008).