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MISSISSIPPI: In re M.I. & T.I.
04.19.2012 | Child Protection
The Supreme Court of Mississippi affirmed the decision of the Lauderdale County Youth Court denying the appellant-guardians’ motion to transfer jurisdiction to the chancery court, finding that the youth court did not terminate its jurisdiction over the matter. The court found that under Miss. Code Ann. § 43-21-151, the youth court had original jurisdiction over all proceedings related to the abused and neglected children, and that such jurisdiction could be retained until each child’s twentieth birthday. Here, appellants argued that by granting durable legal custody and allowing the state to close its file on the children, the youth court terminated that jurisdiction, and that the biological mother’s requests for visitation should, therefore, be considered only by the chancery court. Under In re S.A.M., 826 So.2d 1266, the court found that, while granting durable custody relieves the youth court of the duty to conduct annual reviews and order constant oversight, it does not preclude the court from retaining jurisdiction. Here, the youth court specifically ordered a hearing on the biological mother’s request for visitation, evidencing its intent to retain jurisdiction over the matter. Relying on the previous order of the youth court, the court additionally rejected appellants’ contention that the youth court intended to grant appellants something more permanent than durable legal custody. Accordingly, the Supreme Court of Mississippi affirmed the order denying appellants’ motion to transfer and remanded the case to the youth court for further proceedings.
Cite: No. 2011-IA-00604-SCT; 2012 Miss. LEXIS 185 (Miss. Apr. 12, 2012)
Link to Full Opinion
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