Lost
AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2001
BY: Representative Hines
Amend by striking lines 214-221.
Further, amend on line 239 by inserting after the asterisks, the following:
"Designee" means any person that the judge appoints to perform emergency and/or temporary orders and functions, including but not limited to, emergency custody and pre-hearing detention orders, but shall not preside over any hearings, except detention and shelter hearings. The designee may conduct detention and shelter hearings only if the judge is outside the jurisdiction of the court or incapacitated."
Further, amend on lines 425 by striking, "Administrative Office of Courts" and inserting in lieu thereof, the following:
"judge and shall be employed subject to Administrative Office of Courts developed qualifications."
Further, amend on lines 429-430 by striking, "Administrative Office of the Courts and other youth court personnel" and inserting in lieu thereof, the following: "judge and".
Further, amend on line 463 by striking the asterisks, and restoring the original language: "or hereafter".
Further, amend on line 466-467 by striking: "No additional county youth court shall be formed after the effective date of this act."
Further, amend on line 481 by striking the asterisks, and restoring the original language: "or hereafter".
Further, amend on line 483-484 by striking: "No additional county youth court shall be formed after the effective date of this act."
Further, amend on lines 525-528 by striking: "Upon determination of need, a chancery district may seek the appointment of a family master under Section 9-5-255 to assist in effectuating the purposes of this act."
Further, amend on lines 555-561 by striking Sections 7 and 8 in there entirety, and renumbering succeeding sections accordingly.
Further, amend on line 570-573 by striking "* * * in delinquency cases. An attorney for the Mississippi Department of Child Protection Services or the youth court prosecutor may file petitions in child welfare matters. The district attorney may participate in transfer proceedings", and inserting in lieu thereof, the following original language:
"; however, if funds are available pursuant to Section
43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor; provided that the district attorney may participate in transfer proceedings."
Further, amend on line 574 by striking the asterisks, and inserting in lieu thereof, the following original language:
"(3) The judge may designate as provided in Section 606 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors * * *."
Further, amend on line 575 by striking "* * * 3" and restoring the original number "4".
Further, amend on lines 593-595 by striking Section 10 in its entirety and renumbering succeeding sections accordingly.
Further, amend on line 688 by striking the period and inserting in lieu thereof, the following:
"; and
(i) Three (3) youth court judges who preside over a juvenile intervention court, selected by the Council of Youth Court Judges.
Further, amend on line 760 by striking the asterisks and inserting in lieu thereof, the following original language:
"(6) The general public shall be excluded from the hearing, and only those persons shall be admitted who are found by the youth court to have a direct interest in the cause or work of the youth court. Any person found by the youth court to have a direct interest in the cause shall have the right to appear and be represented by legal counsel.
Further, amend on line 761 by striking "* * * 6" and inserting in lieu thereof, the original number "7".
Further, amend on line 764 by striking "* * * 7" and inserting in lieu thereof, the original number "8".
Further, amend on line 771 by striking "* * * 8" and inserting in lieu thereof, the original number "9".
Further, amend on line 778 by striking "* * * 9" and inserting in lieu thereof, the original number "10".
Further, amend on line 783 by striking "* * * 10" and inserting in lieu thereof, the original number "11".
Further, amend on line 876 by striking the asterisks, and inserting in lieu thereof, the following original language:
"Any person who discloses or encourages the disclosure of any record involving children from the central registry without following the rules and administrative procedures of the department shall be subject to the penalty in Section
43-21-267."
Further, amend on line 891 by inserting the following after the period:
"In instances of sexual abuse and extreme physical, emotional abuse, or malicious neglect perpetrated against a minor, the Department of Child Protection Services, is authorized, in its discretion, to weigh mitigating factors affecting family healing, reunification and future promise when deciding to place an adjudicated perpetrator on the registry."
Further, amend on line 910 by striking the asterisks, and inserting in lieu there of, the following original language:
"necessary staff or officials of the youth court, a guardian ad litem appointed to a child by the court, or a Court-Appointed Special Advocate (CASA) volunteer who may be assigned in a dependency, abuse or neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure. Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety, the functioning of the youth court, or to identify a person who knowingly made a false allegation of child abuse or neglect, and then only to".
Further, amend on line 967 by striking the asterisks, and inserting in lieu thereof, the following original language:
"under an order of the youth court or".
Further, amend on line 989 by striking the asterisks, and inserting in lieu thereof, the following original language:
"without order of the youth court".
Further, amend on line 1002 by striking the asterisks, and inserting in lieu thereof, the following original language:
"without further order of the youth court".
Further, amend on line 1005 after the asterisks, and inserting the following original language:
"(* * * 6) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only."
Further, amend on line 1006 by striking "6" and inserting in lieu thereof, the original number "7".
Further, amend on line 1009 by striking "7" and inserting in lieu thereof, the original number "8".
Further, amend on line 1018 by striking "8" and inserting in lieu thereof, the original number "9".
Further, amend on line 1023 by striking "9" and inserting in lieu thereof, the original number "10".
Further, amend on line 1024 by striking the asterisks, and inserting in lieu thereof, the following original language:
"in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose".
Further, amend on line 1025 by striking "10" and inserting in lieu thereof, the original number "11".
Further, amend on line 1034 by striking "11" and inserting in lieu thereof, the original number "12".
Further, amend on line 1038 by striking "12" and inserting in lieu thereof, the original number "13".
Further, amend on line 1056 after the asterisks, by inserting in the following original language:
"(* * *14) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency; however, no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein.
(* * *15) In every case of child abuse or neglect, if a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply. In such cases, the following information may be released by the Mississippi Department of Child Protection Services: the cause of the circumstances regarding the fatality or medically serious or critical physical condition; the age and gender of the child; information describing any previous reports of child abuse or neglect investigations that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition; the result of any such investigations; and the services provided by and actions of the state on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or medically serious or critical physical condition."
Further, amend on line 1057 by striking "13" and inserting in lieu thereof, the original number "16".
Further, amend on line 1062 by striking "14" and inserting in lieu thereof, the original number "17".
Further, amend on line 1063 by striking the asterisks, and inserting in lieu thereof, the following original language:
"without further order of the youth court".
Further, amend on line 1068 by striking "15" and inserting in lieu thereof, the original number "18".
Further, amend on line 1095 by striking "16" and inserting in lieu thereof, the original number "19".
Further, amend on line 1152 by inserting the following original language after the period:
"It shall be the responsibility of the youth court judge or referee of each county to ensure that the intake officer is carrying out the responsibility of this section."
Further, amend on line 1346 by striking "fourteen (14)" and inserting in lieu thereof: "* * * seven (7)".
Further, amend on line 1351 by striking "or" and inserting in lieu thereof: "* * * and".
Further, amend on line 1352 by inserting the following before the period: "and the youth court judge".
Further, amend on line 1353 by striking "fourteen (14) and inserting in lieu thereof: "* * * seven (7)".
Further, amend on line 1369 by striking the asterisks, and inserting in lieu thereof, the following original language:
"(5) 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 Child Protection Services monitor the child, family and other children in the same environment;
(d) Order that the child is warned or counseled informally;
(e) That the child be referred to the youth intervention court; or
(f) Order that a petition be filed."
Further, amend on line 1370 by striking "(5) and inserting in lieu thereof: "(6)".
Further, amend on line 1370 by striking "fourteen (14) and inserting in lieu thereof: "* * * seven (7)".
Further, amend on line 1380 by striking "(6) and inserting in lieu thereof: "(7)".
Further, amend on line 1380 by striking "case closure notice and inserting in lieu thereof, the following:
"All recommendations of the intake officer, prosecutor and/or Child Protection Services attorney at intake, except of the filing of a petition,".
Further, amend on line 1387 by striking "(7) and inserting in lieu thereof: "(8)".
Further, amend on line 1390 by striking "(8) and inserting in lieu thereof: "(9)".
Further, amend on line 1419 by inserting the following before the period: "and approved by the judge".
Further, amend on line 1785 by inserting the following before the semicolon: "or when the department has custody of the child named in the petition".
Further, amend on line 1799 by inserting the following before the semicolon: "or when the department has custody of the child named in the petition".
Further, amend on line 2007 by striking "with the" and inserting in lieu thereof, the following original language: "in the custody of".
Further, amend on lines 2068-2069 by striking: " [Until July 1, 2027, this subparagraph (ii) shall read as follows:]".
Further, amend by striking lines 2076-2083.
Further, amend on lines 2163 and 2164 by striking "ninety (90)" and inserting in lieu thereof: "sixty (60)".
Further, amend on lines 2262 and 2263 by striking "ninety (90)" and inserting in lieu thereof: "sixty (60)".
Further, amend on line 2453 by striking " Subject to appropriation by the Legislature,".
Further, amend on line 2454 by striking the asterisks and inserting in lieu thereof, the following original language and amended language:
"establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts to".
Further, amend on line 2477 by inserting a new paragraph after the asterisks, and the following original language and amended language:
(* * *5) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court."
Further, amend on line 2478 by striking "(5) and inserting in lieu thereof: "(* * * 6)".
Further, amend on line 2499 by striking the asterisks, and inserting in lieu thereof, the following original language: "the appropriate judge and".
Further, amend on line 2501 by striking the asterisks, and inserting in lieu thereof, the following amended and original language:
"(c) * * * Counties may have local court counselors or similar personnel who operate in conjunction with state personnel.
(d) A probation and aftercare worker may be transferred by the division from one (1) court to another after consultation with the judge or judges in the court to which the employee is currently assigned."
Further, amend on line 2502 by striking "(* * * c)", and inserting in lieu thereof, the following original paragraph designation: "(e)"
Further, amend on line 2541 by striking "(d)", and inserting in lieu thereof: (f).
Further, amend on line 2547 by striking "(e)", and inserting in lieu thereof: "(* * * g)".
Further, amend on line 2585 by striking the asterisks, and inserting in lieu thereof, the following original and amended language:
"(5) This section does not apply to youth court matters where the guardian ad litem is salaried to provided services in the youth court."
Further, amend on line 4843 by striking the asterisks, and inserting in lieu thereof, the following original language:
"other than youth court and adoption court files and related papers".
Further, amend the title to conform.