Miss. R. Youth Ct. Prac. 20

As amended through October 31, 2024

Rule 20 - PETITION

(a) Delinquency proceedings.

(1) Filing. All proceedings seeking an adjudication that a child is a delinquent child shall be initiated by the filing of a petition. Upon referral by the youth court, the youth court prosecutor may file a petition to initiate formal proceedings.

(2) Time. The petition shall be filed within five (5) days from the date of a detention hearing continuing custody. In non-custody cases, unless another period of time is authorized by the court, the petition shall be filed within ten (10) days of the court's referral of the matter to the youth court prosecutor for consideration of initiating formal proceedings. The court may, in its discretion, dismiss the petition for failure to comply with the time schedule contained herein.

(3) Form. The petition shall be entitled "IN THE INTEREST OF __________."

(4) Contents. The petition shall set forth plainly and concisely with particularity:

(i) identification of the child, including the child's full name, birth date, age, sex and residence;

(ii) identification of the parent, guardian or custodian including the name and residence of the child's parents, the name and residence of the child's legal guardian, if there be one, any person or agency in whose custody the child may be and the child's nearest relative if no parent or guardian be known;

(iii) a statement of the facts, including the facts which bring the child within the jurisdiction of the youth court and which show the child is a delinquent child;

(iv) a citation of the statute or ordinance which the child is alleged to have violated;

(v) a prayer for the type of adjudicatory relief sought; and

(vi) if any of the facts herein required are not known by the petitioner.

The petition must recite factual allegations with the same particularity required in a criminal indictment but need not have the technical form of a criminal indictment. Error in or omission of the citation shall not be grounds for dismissing the petition or for a reversal of the adjudication based thereon if the error or omission did not mislead the child to the child's prejudice.

On each petition alleging a delinquent child, the following notice shall be placed in capital letters at the bottom of the petition:

A PARENT, GUARDIAN, OR CUSTODIAN OF A CHILD SHALL BE A PARTY TO THIS CASE PURSUANT TO THE MISSISSIPPI YOUTH COURT LAW. A PERSON MADE A PARTY TO THIS CASE MAY BE REQUIRED: TO PAY FOR THE SUPPORT OF THE CHILD PLACED IN CUSTODY OF ANY PERSON OR AGENCY INCLUDING ANY NECESSARY MEDICAL TREATMENT PURSUANT TO SECTION 43-21-615 OR SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO PAY FOR COURT ORDERED MEDICAL AND OTHER EXAMINATIONS AND TREATMENT OF A CHILD, FOR REASONABLE ATTORNEY'S FEES AND COURT COSTS, AND FOR OTHER EXPENSES FOUND NECESSARY OR APPROPRIATE IN THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO PAY DAMAGES OR RESTITUTION AND TO PARTICIPATE IN A COUNSELING PROGRAM OR OTHER SUITABLE FAMILY TREATMENT PROGRAM PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO RECEIVE COUNSELING AND PARENTING CLASSES PURSUANT TO SECTION 43-21-605 OF THE MISSISSIPPI CODE; TO DO OR OMIT TO DO ANY ACT DEEMED REASONABLE AND NECESSARY FOR THE WELFARE OF THE CHILDPURSUANT TO SECTION 43-21-617 OF THE MISSISSIPPI CODE.

(5) Two or more offenses alleged in same petition. Two (2) or more offenses may be alleged in the same petition in a separate count for each offense if each particular offense is one in which a child could be adjudicated either as a delinquent child or as a child in need of supervision.

On each count admitted or proved in accordance with these rules, the court shall enter a separate adjudication on that count within its adjudicatory order and, after the disposition hearing, a separate disposition on that count within its disposition order. The court may order the disposition of any count to run concurrent or consecutive to any other count(s) or current dispositions, as it deems in the best interest of the child and in the interest of justice.

(6) Motion to transfer to a criminal court. The petition may contain a motion to transfer.

(7) Amendments. A petition may be amended at any time on order of the youth court for good cause shown so long as there is no prejudice to the parties.

(8) Responsive pleadings not required. No party shall be required to file a responsive pleading.

(b) Child in need of supervision proceedings.

(1) Filing. All proceedings seeking an adjudication that a child is a child in need of supervision shall be initiated by the filing of a petition. Upon referral by the youth court, the youth court prosecutor may file a petition to initiate formal proceedings.

(2) Time. The petition shall be filed within five (5) days from the date of a detention hearing continuing non-secure placement custody. In non-custody cases, unless another period of time is authorized by the court, the petition shall be filed within ten (10) days of the court's referral of the matter to the youth court prosecutor for consideration of initiating formal proceedings. The court may, in its discretion, dismiss the petition for failure to comply with the time schedule contained herein.

(3) Form. The petition shall be entitled "IN THE INTEREST OF __________."

(4) Contents. The petition shall set forth plainly and concisely with particularity:

(i) identification of the child, including the child's full name, birth date, age, sex and residence;

(ii) identification of the parent, guardian or custodian including the name and residence of the child's parents, the name and residence of the child's legal guardian, if there be one, any person or agency in whose custody the child may be and the child's nearest relative if no parent or guardian be known;

(iii) a statement of the facts, including the facts which bring the child within the jurisdiction of the youth court and which show the child is a child in need of supervision;

(iv) a prayer for the type of adjudicatory relief sought; and

(v) if any of the facts herein required are not known by the petitioner.

On each petition alleging a child in need of supervision, the following notice shall be placed in capital letters at the bottom of the petition:

A PARENT, GUARDIAN, OR CUSTODIAN OF A CHILD SHALL BE A PARTY TO THIS CASE PURSUANT TO THE MISSISSIPPI YOUTH COURT LAW. A PERSON MADE A PARTY TO THIS CASE MAY BE REQUIRED: TO PAY FOR THE SUPPORT OF THE CHILD PLACED IN CUSTODY OF ANY PERSON OR AGENCY INCLUDING ANY NECESSARY MEDICAL TREATMENT PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO PAY FOR COURT ORDERED MEDICAL AND OTHER EXAMINATIONS AND TREATMENT OF A CHILD, FOR REASONABLE ATTORNEY'S FEES AND COURT COSTS, AND FOR OTHER EXPENSES FOUND NECESSARY OR APPROPRIATE IN THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO PAY DAMAGES OR RESTITUTION AND TO PARTICIPATE IN A COUNSELING PROGRAM OR OTHER SUITABLE FAMILY TREATMENT PROGRAM PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO RECEIVE COUNSELING AND PARENTING CLASSES PURSUANT TO SECTION 43-21-605 OF THE MISSISSIPPI CODE; TO DO OR OMIT TO DO ANY ACT DEEMED REASONABLE AND NECESSARY FOR THE WELFARE OF THE CHILDPURSUANT TO SECTION 43-21-617 OF THE MISSISSIPPI CODE.

(5) Two or more offenses alleged in same petition. Two (2) or more offenses may be alleged in the same petition in a separate count for each offense if each particular offense is one in which a child could be adjudicated either as a delinquent child or as a child in need of supervision.

On each count admitted or proved in accordance with these rules, the court shall enter a separate adjudication on that count within its adjudicatory order and, after the disposition hearing, a separate disposition on that count within its disposition order. The court may order the disposition of any count to run concurrent or consecutive to any other count(s) or current dispositions, as it deems in the best interest of the child and in the interest of justice.

(6) Amendments. A petition may be amended at any time on order of the youth court for good cause shown so long as there is no prejudice to the parties.

(7) Responsive pleadings not required. No party shall be required to file a responsive pleading.

(c) Child protection proceedings.

(1) Filing. All proceedings seeking an adjudication that a child is a neglected child or an abused child shall be initiated by the filing of a petition. Upon referral by the youth court, the youth court prosecutor may file a petition to initiate formal proceedings.

(2) Time. The petition shall be filed within five (5) days from the date of a shelter hearing continuing custody. In non-custody cases, unless another period of time is authorized by the court, the petition shall be filed within ten (10) days of the court's referral of the matter to the youth court prosecutor for consideration of initiating formal proceedings. The court may, in its discretion, dismiss the petition for failure to comply with the time schedule contained herein.

(3) Form. The petition shall be entitled "IN THE INTEREST OF __________."

(4) Contents. The petition shall set forth plainly and concisely with particularity:

(i) identification of the child, including the child's full name, birth date, age, sex and residence;

(ii) identification of the parent, guardian or custodian including the name and residence of the child's parents, the name and residence of the child's legal guardian, if there be one, any person or agency in whose custody the child may be and the child's nearest relative if no parent or guardian be known;

(iii) a statement of the facts, including the facts which bring the child within the jurisdiction of the youth court and which show the child is a neglected child or an abused child;

(iv) a prayer for the type of adjudicatory relief sought; and

(v) if any of the facts herein required are not known by the petitioner.

On each petition alleging an abused or neglected child, the following notice shall be placed in capital letters at the bottom of the petition:

A PARENT, GUARDIAN, OR CUSTODIAN OF A CHILD SHALL BE A PARTY TO THIS CASE PURSUANT TO THE MISSISSIPPI YOUTH COURT LAW. A PERSON MADE A PARTY TO THIS CASE MAY BE REQUIRED: TO PAY FOR THE SUPPORT OF THE CHILD PLACED IN CUSTODY OF ANY PERSON OR AGENCY INCLUDING ANY NECESSARY MEDICAL TREATMENT PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO PAY FOR COURT ORDERED MEDICAL AND OTHER EXAMINATIONS AND TREATMENT OF A CHILD, FOR REASONABLE ATTORNEY'S FEES AND COURT COSTS, AND FOR OTHER EXPENSES FOUND NECESSARY OR APPROPRIATE IN THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO PAY DAMAGES OR RESTITUTION AND TO PARTICIPATE IN A COUNSELING PROGRAM OR OTHER SUITABLE FAMILY TREATMENT PROGRAM PURSUANT TO SECTION 43-21-619 OF THE MISSISSIPPI CODE; TO RECEIVE COUNSELING AND PARENTING CLASSES PURSUANT TO SECTION 43-21-605 OF THE MISSISSIPPI CODE; TO DO OR OMIT TO DO ANY ACT DEEMED REASONABLE AND NECESSARY FOR THE WELFARE OF THE CHILDPURSUANT TO SECTION 43-21-617 OF THE MISSISSIPPI CODE.

(5) Two or more children subject of the same petition. Two (2) or more children may be the subject of the same petition if:

(i) they are siblings and (ii) they are alleged to be neglected or abused from a common source of mistreatment or neglect. On each charge of abuse and neglect in the same petition admitted or proved in accordance with these rules, the court shall enter a separate adjudication on that charge within its adjudicatory order and, after the disposition hearing, a separate disposition on that charge in its disposition order.

(6) Amendments. A petition may be amended at any time on order of the youth court for good cause shown so long as there is no prejudice to the parties.

(7) Responsive pleadings not required. No party shall be required to file a responsive pleading.

Comments & Procedures

Rule 20(a)(1), -(b)(1), -(c)(1).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-451(2008). Intake shall assign, pursuant to step 5 of Exhibit A of the Uniform Youth Court Case Identification and Docket Numbering System, a petition number for each petition filed on matters coming before the youth courts of the State of Mississippi. See Amended Special Order No. 46 (Miss. Dec. 12, 1997).

Rule 20(a)(2), -(b)(2), -(c)(2).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-451(2008).

Rule 20(a)(3), -(b)(3), -(c)(3).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-453(2008).

Rule 20(a)(4), -(b)(4), -(c)(4).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-455(2008).

A petition which institutes a youth court proceeding must recite factual allegations specific and definite enough to fairly apprise the child, the child's parents, custodians or guardians of the particular act or acts of misconduct or the particular circumstances which will be inquired into at the adjudicatory proceedings. See In re Dennis, 291 So. 2d 731, 733 (Miss. 1974);see also In re M.R.L., 488 So. 2d 788, 792-93 (Miss. 1986) (holding that children expressly charged as children in need of supervision could not be found, absent an amendment to the petition, neglected children). The youth court is a court of statutory and limited jurisdiction, and the facts vesting jurisdiction should be shown affirmatively. See Monk v. State, 116 So. 2d 810, 811 (Miss. 1960). A petition charging delinquency is to include the statute or ordinance which the child is alleged to have violated. See In re R.T., 520 So. 2d 136, 137 (Miss. 1988).

Rule 20(a)(5), -(b)(5), -(c)(5).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-455(2008).

Rule 20(a)(6).

This provision comports with the statutory procedures. See Miss. Code Ann. § 43-21-455(2008).

Rule 20(a)(7), -(b)(6), -(c)(6).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-457(2008).

Rule 20(a)(8), -(b)(7), -(c)(7).

These provisions comport with the statutory procedures. See Miss. Code Ann. § 43-21-459(2008).

Miss. R. Youth Ct. Prac. 20

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