(a) Truant child alleged as child in need of supervision. (1) Filing a report of a truant child alleged as a child in need of supervision. When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsoryschool-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a report with the youth court intake unit. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children and to file a report with the youth court intake unit. (2) Intake. Intake procedures shall be conducted pursuant to Rule 8(a) of these rules.(3) Court orders upon intake recommendations. Court orders upon intake recommendations shall be conducted pursuant to Rule 9(a) of these rules, except that if the court orders that an informal adjustment process be made it shall be initiated as expeditiously as possible. (4) Petition. Procedures for filing a petition shall be conducted pursuant to Rule 20(b) of these rules. (5) Proper venue. Proper venue shall be pursuant to Rule 21(a) of these rules. (6) Summons for adjudicatory hearings. Service of summons shall be made pursuant to Rule 22(a) of these rules. (7) Summons for disposition hearings. Service of summons shall be made pursuant to Rule 22(b) of these rules.(8) Adjudication hearings. Adjudication hearings alleging a truant child as a child in need of supervision shall be conducted pursuant to Rule 24(a) of these rules, except that such hearings shall be conducted as expeditiously as possible and no later than twenty-one (21) days of the petition being filed. (9) Adjudication orders. Adjudication orders shall comply with Rule 25(a) of these rules. (10) Disposition hearings. Disposition hearings for a truant child adjudicated as a child in need of supervision shall be conducted pursuant to Rule 26(b) of these rules, except that such hearings shall be conducted as expeditiously as possible and no later than twenty-one (21) days of the petition being filed.(11) Disposition orders. The disposition order may include any disposition allowed under Rule 27(b) of these rules. The court shall make an appropriate disposition to ensure compliance with Mississippi's Compulsory School Attendance Law, including enrollment or re-enrollment in school pursuant to sections 37-13-91 and 43-21-621 of the Mississippi Code. (12) Modification of disposition orders and annual reviews. Modification of disposition orders and annual reviews shall be conducted pursuant to Rule 28(a) of these rules.(b) Truant child alleged as a neglected child.(1) Filing a report of a truant child alleged as a neglected child. When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a report with the youth court intake unit. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children and to file a report with the youth court intake unit.(2) Intake. Intake procedures shall be conducted pursuant to Rule 8(b) of these rules. (3) Court orders upon intake recommendations. Court orders upon intake recommendations shall be conducted pursuant to Rule 9(b) of these rules, except that if the court orders that an informal adjustment process be made it shall be initiated as expeditiously as possible. (4) Petition. Procedures for filing a petition shall be conducted pursuant to Rule 20(c) of these rules. (5) Proper venue. Proper venue shall be pursuant to Rule 21(b) of these rules. (6) Summons for adjudicatory hearings. Service of summons shall be made pursuant to Rule 22(a) of these rules. (7) Summons for disposition hearings. Service of summons shall be made pursuant to Rule 22(b) of these rules. (8) Adjudication hearings. Adjudication hearings alleging a truant child as a neglected child shall be conducted pursuant to Rule 24(b) of these rules, except that such hearings shall be conducted as expeditiously as possible and no later than twenty-one (21) days of the petition being filed. (9) Adjudication orders. Adjudication orders shall comply with Rule 25(b) of these rules. (10) Disposition hearings. Disposition hearings for a truant child adjudicated as a neglected child shall be conducted pursuant to Rule 26(c) of these rules, except that such hearings shall be conducted as expeditiously as possible and no later than twenty-one (21) days of the petition being filed. (11) Disposition orders. The disposition order may include any disposition allowed under Rule 27(c) of these rules. The court shall make an appropriate disposition to ensure compliance with Mississippi's Compulsory School Attendance Law, including enrollment or re-enrollment in school pursuant to sections 37-13-91 and 43-21-621 of the Mississippi Code. (12) Modification of disposition orders and annual reviews. Modification of disposition orders and annual reviews shall be conducted pursuant to Rule 28(b) of these rules. (13) Permanency hearings. Permanency hearings shall be conducted pursuant to Rule 29 of these rules. (14) Foster care review hearings. Foster care review hearings shall be conducted pursuant to Rule 30 of these rules. (15) Permanency review hearings. Permanency review hearings shall be conducted pursuant to Rule 31 of these rules. Comments & Procedures
Rule 33(a)(1), -(b)(1).
A school attendance officer should not file a report until all attempts have been made to secure enrollment and/or attendance of the truant child. See Miss. Code Ann. §§ 37-13-89(4), -91(7).
Duties of school attendance officers.
Miss. Code Ann. § 37-13-89(4) provides:
It shall be the duty of each school attendance officer to:
(a) Cooperate with any public agency to locate and identify all compulsory-school-age children who are not attending school;(b) Cooperate with all courts of competent jurisdiction; (c) Investigate all cases of nonattendance and unlawful absences by compulsory-school-age children not enrolled in a nonpublic school; (d) Provide appropriate counseling to encourage all school-age children to attend school until they have completed high school;(e) Attempt to secure the provision of social or welfare services that may be required to enable any child to attend school;(f) Contact the home or place of residence of a compulsory-school-age child and any other place in which the officer is likely to find any compulsory-school-age child when the child is absent from school during school hours without a valid written excuse from school officials, and when the child is found, the officer shall notify the parents and school officials as to where the child was physically located; (g) Contact promptly the home of each compulsory-school-age child in the school district within the officer's jurisdiction who is not enrolled in school or is not in attendance at public school and is without a valid written excuse from school officials; if no valid reason is found for the nonenrollment or absence from the school, the school attendance officer shall give written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance; (h) Collect and maintain information concerning absenteeism, dropouts and other attendance-related problems, as may be required by law or the Office of Compulsory School Attendance Enforcement; and (i) Perform all other duties relating to compulsory school attendance established by the State Department of Education or district school attendance supervisor, or both. Rule 33(a)(6), -(a)(7), -(b)(6), -(b)(7).
Persons who may be appointed by the court to serve summons under these provisions include: a sheriff, deputy sheriff, a municipal law enforcement officer, a constable, a school attendance officer, a school official, a youth court counselor, or any other person deemed appropriate.
Rule 33(a)(8), -(b)(8).
This provision departs from the usual time requirements for conducting an adjudication hearing, but is consistent with the statutory directive requiring that "[t]he youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law." See Miss. Code Ann. § 37-13-91(7) (2008).
Miss. R. Youth Ct. Prac. 33
The Uniform Rules of Youth Court Practice were revised by order entered 7/17/2012.