Hurricane Katrina: Legal Issues - Columbus School of Law

How does the foster care system work in the state of Mississippi?
The Family and Child Division of the State Department of Human Services is charged with administering foster care
in the state of Mississippi. The phone number to call for information on foster care is 1-800-345-6347 and the web
address is http://www.mdhs.state.ms.us/fcs.html. The goals and objectives of the foster care placement system are
found in § 43-15-13 of the Mississippi Code available online at http://www.sos.state.ms.us/pubs/MSCode/ .
All children are provided with an initial shelter hearing within 48 hours and entitled to an administrative review after
three months and foster care reviews every six months they are in the state’s custody. Mississippi Code §43-15-
13(3).
What kinds of placements are available for children in the foster care system?
Several placement options exist in Mississippi foster care including: family foster home, group home, special needs
home, special needs institution, or independent living program depending on the child's needs, placement availability,
and permanency plan. Child Welfare League of America provides statistics charting the number of children in foster
care in the state which is currently around 3000. The site also offers a link to the Mississippi state foster care report
card. This includes a graph illustrating the percentage of children in each type of placement- the majority, over 35%,
are in a foster home placement, 15% are in group homes. Available at http://www.childwelfare.com/mississippi.htm
What statutes govern the courts that address child welfare issues?
Child welfare issues in Mississippi are adjudicated by the Youth Court. The statutes governing the Youth Court – its
structure, organization, jurisdiction, and operation – are found in Section 43 of the Mississippi Code, the section
governing Public Welfare issues. The principal subsections of the Code that govern the Youth Court are Miss. Code
Ann. § 43-21-101, et seq.
How is the court organized?
The Youth Court is contained within the division of the family court of each county court where the county has a
family court, or as a division of the county or chancery court where there is no family court. (Miss. Code Ann. § 43-
21-107).
What jurisdiction does the court have over these issues?
Generally, exclusive and original Youth Court jurisdiction extends to offenses committed by children (subject to the
listed exceptions defined below), and cases that arise from the Youth Court’s abuse and neglect intake procedure.
The Youth Court has exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need
of supervision, a neglected child, an abused child or a dependent child. There are statutorily delineated exceptions to
Youth Court jurisdiction. Specifically, if the child attempted or committed act punishable by life imprisonment or
death if committed by an adult, or attempted or committed an act with a deadly weapon. Certain child abuse cases
that arise in the course of a custody action between parents already pending in the chancery court are also exempted
from the jurisdiction of the Youth Court. Youth Court jurisdiction continues until child’s 20th birthday (Miss. Code
Ann. § 43-21-151).
The Youth Court also has a role in overseeing foster care cases. Mississippi law requires the Youth Court or its
designee to conduct a foster care review every six months. (Miss. Code Ann. § 43-15-13)
Are there special rules governing Youth Court?
The conduct of Youth Court proceedings is delineated in Miss. Code Ann. § 43-21-203. The proceedings are civil,
not criminal (even in cases in which juveniles are tried for committing offenses), and are conducted without a jury.
Youth Court hearings are closed, meaning that the general public is excluded, and only those persons who are found