Mississippi Code
Miss. Code Ann. § 43-21-303 (2026)
Taking into custody without a custody order
✓ current as of July 2026
- (1) No child in a matter in which the youth court has original exclusive jurisdiction shall be taken into custody by any person without a custody order except that:
- (a) A law enforcement officer may take a child in custody if:
- (i) Grounds exist for the arrest of an adult in identical circumstances; and
- (ii) Such law enforcement officer has probable cause to believe that custody is necessary as defined in Section 43-21-301; and
- (iii) Such law enforcement officer can find no reasonable alternative to custody; or
- (b) A law enforcement officer or an agent of the Department of Child Protection Services or the Department of Human Services may take a child into immediate custody if:
- (i) There is probable cause to believe that the child is in immediate danger of personal harm; however, probable cause shall not be based solely upon a positive drug test of a newborn or parent for marijuana or solely upon the status of a parent as a cardholder under the Mississippi Medical Cannabis Act, but a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana. Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subparagraph (i) for marijuana, may be based:
- 1. upon a parent's positive drug test for unlawful use of a controlled substance only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody; and
- 2. upon a newborn's positive drug screen for a controlled substance that was used unlawfully only if the child is in danger of a significant risk of harm or the parent is unable to provide proper care or supervision of the child because of the unlawful use and there is no reasonable alternative to custody.
A child shall not be considered "neglected" solely because the child's parent, guardian or custodian has failed to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child when the failure is caused primarily by financial inability, unless relief services had been offered and refused and the child is in imminent risk of harm; and
- (ii) There is probable cause to believe that immediate custody is necessary as set forth in Section 43-21-301(3); and
- (iii) There is no reasonable alternative to custody; and
- (i) There is probable cause to believe that the child is in immediate danger of personal harm; however, probable cause shall not be based solely upon a positive drug test of a newborn or parent for marijuana or solely upon the status of a parent as a cardholder under the Mississippi Medical Cannabis Act, but a finding of probable cause may be based upon an evidence-based finding of harm to the child or a parent's inability to provide for the care and supervision of the child due to the parent's use of marijuana. Probable cause for unlawful use of any controlled substance, except as otherwise provided in this subparagraph (i) for marijuana, may be based:
- (c) Any other person may take a child into custody if grounds exist for the arrest of an adult in identical circumstances. Such other person shall immediately surrender custody of the child to the proper law enforcement officer who shall thereupon continue custody only as provided in paragraph (a) of this subsection.
- (a) A law enforcement officer may take a child in custody if:
- (2) When it is necessary to take a child into custody, the least restrictive custody should be selected.
- (3) Unless the child is immediately released, the person taking the child into custody shall immediately notify the judge or his designee. A person taking a child into custody shall also make continuing reasonable efforts to notify the child's parent, guardian or custodian and invite the parent, guardian or custodian to be present during any questioning.
- (4) A child taken into custody shall not be held in custody for a period longer than reasonably necessary, but not to exceed twenty-four (24) hours, and shall be released to his parent, guardian or custodian unless the judge or his designee authorizes temporary custody.
Laws, 1979, ch. 506, § 33; Laws, 1980, ch. 550, § 14, eff. 7/1/1980.
Amended by Laws, 2024, ch. 531, SB 2792,§ 15, eff. 7/1/2024.
Amended by Laws, 2022, ch. 303, SB 2095,§ 63, eff. 2/2/2022.
Amended by Laws, 2020, ch. 329, HB 1131,§ 2, eff. 7/1/2020.
Amended by Laws, 2019, ch. 464, SB 2840,§ 9, eff. 7/1/2019.
Amended by Laws, 2017, ch. 395, HB 652, 2, eff. 7/1/2017.
Notes of Decisions
Cited in 15
cases, 1994–2017 · leading case: Edmonds v. State, 955 So. 2d 787 (Miss. 2007).
Edmonds v. State, 955 So. 2d 787 (Miss. 2007). “In this case, Tyler was not charged with any crime, thus the provisions of the Youth Court Act were still applicable and his mother's removal violated Miss.Code Ann. § 43-21-303(3) (Rev. 2004).”
Little v. Mississippi Dhs, 835 So. 2d 9 (Miss. 2002). “[2] Miss.Code Ann. § 43-21-303 (2000) allows a law enforcement officer or DHS agent, in the exercise of discretion, to take custody of a child, and the statute further provides the criteria under which the officer or agent may take custody.”
State v. Rivas, 2017 NMSC 22 (N.M. 2017). “§ 46b-137(a) (West 2012) (statements of a child under sixteen inadmissible unless made in the presence of a parent or guardian who has been advised of the child’s rights); Miss. Code Ann. § 43-21-303 (3) (West 1980) (police must extend invitation to parent or guardian to be…”
Hill v. State, 749 So. 2d 1143 (Miss. Ct. App. 1999). “NOTES [1] Miss.Code Ann. § 43-21-303 (Supp.1998). [2] § 43-21-151 (Supp.”
Clemons v. State, 733 So. 2d 266 (Miss. 1999). “Miss.Code Ann. § 43-21-303(3)(1979). When a youth is charged with a crime punishable by death or life in prison or for any act attempted or committed with the use of a deadly weapon or a shotgun or rifle, which would be a felony if committed by an adult, pursuant to Miss.”
Trotter v. State, 9 So. 3d 402 (Miss. Ct. App. 2008). “See Miss.Code Ann. § 43-21-303(3) (Rev. 2004).”
Miller v. State, 18 So. 3d 898 (Miss. Ct. App. 2009). “Miss.Code Ann. § 43-21-303(3) (Rev.2004).”
In the Interest of S.M.K.S. v. Youth Court of Union Cnty., 155 So. 3d 876 (Miss. Ct. App. 2014). “” Miss.Code Ann. § 43-21-303(l)(a)(i) (Rev.”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994). “See Miss.Code Ann. § 43-21-303 (1981) (24 hours); Mo.”
Evans v. State, 109 So. 3d 1056 (Miss. Ct. App. 2011). “Miss.Code Ann. 43-21-303(3) (Rev.2009). Therefore, the fact that Dante was interviewed without a parent, guardian, or other friendly adult present does not render his statement inadmissible.”
In Re Lca, 938 So. 2d 300 (Miss. Ct. App. 2006). “Miss.Code Ann. § 43-21-303(1)(a) (Rev.2004).”
Blue v. State, 674 So. 2d 1184 (Miss. 1996). “The trial court found that because of the nature of the crime and because Blue had been certified to the circuit court on another crime, Miss. Code Ann. § 43-21-303 (3) (1972) did not apply.”
— Miss. Code Ann. § 43-21-303(1)(a) — 1 case
In Re Lca, 938 So. 2d 300 (Miss. Ct. App. 2006). “Miss.Code Ann. § 43-21-303(1)(a) (Rev.2004).”
— Miss. Code Ann. § 43-21-303(3) — 6 cases
Edmonds v. State, 955 So. 2d 787 (Miss. 2007). “In this case, Tyler was not charged with any crime, thus the provisions of the Youth Court Act were still applicable and his mother's removal violated Miss.Code Ann. § 43-21-303(3) (Rev. 2004).”
Trotter v. State, 9 So. 3d 402 (Miss. Ct. App. 2008). “See Miss.Code Ann. § 43-21-303(3) (Rev. 2004).”
Miller v. State, 18 So. 3d 898 (Miss. Ct. App. 2009). “Miss.Code Ann. § 43-21-303(3) (Rev.2004).”
Hill v. State, 749 So. 2d 1143 (Miss. Ct. App. 1999). “NOTES [1] Miss.Code Ann. § 43-21-303 (Supp.1998). [2] § 43-21-151 (Supp.”
Evans v. State, 109 So. 3d 1056 (Miss. Ct. App. 2011). “Miss.Code Ann. 43-21-303(3) (Rev.2009). Therefore, the fact that Dante was interviewed without a parent, guardian, or other friendly adult present does not render his statement inadmissible.”
— Miss. Code Ann. § 43-21-303(3)(1979) — 1 case
Clemons v. State, 733 So. 2d 266 (Miss. 1999). “Miss.Code Ann. § 43-21-303(3)(1979). When a youth is charged with a crime punishable by death or life in prison or for any act attempted or committed with the use of a deadly weapon or a shotgun or rifle, which would be a felony if committed by an adult, pursuant to Miss.”
— Miss. Code Ann. § 43-21-303(4) — 1 case
Little v. Mississippi Dhs, 835 So. 2d 9 (Miss. 2002). “[2] Miss.Code Ann. § 43-21-303 (2000) allows a law enforcement officer or DHS agent, in the exercise of discretion, to take custody of a child, and the statute further provides the criteria under which the officer or agent may take custody.”
— Miss. Code Ann. § 43-21-303(l)(a)(i) — 1 case
In the Interest of S.M.K.S. v. Youth Court of Union Cnty., 155 So. 3d 876 (Miss. Ct. App. 2014). “” Miss.Code Ann. § 43-21-303(l)(a)(i) (Rev.”
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