Mississippi Code

Miss. Code Ann. § 43-21-309 (2026)

Detention and shelter hearings

✓ current as of July 2026

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(1) A child who has been ordered or taken into custody may be held in custody for longer than temporary custody if:
- (a) A written complaint or petition has been filed; and
- (b) A court order has been entered for continued custody following a review of that custody at a detention hearing in delinquency and child in need of supervision cases and at a shelter hearing in abuse and neglect cases.

(2) Reasonable oral or written notice of the time, place and purpose of the hearing shall be given to the child; to his or her parent, guardian or custodian; to his or her guardian ad litem, if any; to his or her Court-Appointed Special Advocate (CASA) volunteer, if any; and to his or her counsel. If the parent, guardian or custodian cannot be found, the youth court may hold the hearing in the absence of the child's parent, guardian or custodian.

(3) At the detention or shelter hearing, all parties present shall have the right to present evidence and cross-examine witnesses produced by others. The youth court may, in its discretion, limit the extent but not the right or presentation of evidence and cross-examination of witnesses. The youth court may receive any testimony and other evidence relevant to the necessity for the continued custody of the child without regard to the formal rules of evidence, including hearsay and opinion evidence. All testimony shall be made under oath and may be in narrative form.

(4)
- (a) At the conclusion of the detention or shelter hearing, the youth court shall order that the child be released to the custody of the child's parent, guardian or custodian unless the youth court finds and the detention or shelter hearing order recites that:
  - (i) There is probable cause that the youth court has jurisdiction; and
  - (ii) Custody is necessary as defined in Section 43-21-301(3)(b).
- (b) In the case of a shelter hearing, the shelter hearing order shall further recite that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interest of the child, and, unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), the order also must state:
  - (i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or
  - (ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and there is no reasonable alternative to custody.
- (c) In the event that the court makes a finding in accordance with paragraph (b)(ii) of this subsection, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family.

(5) The child with advice of counsel may waive in writing the time of the detention hearing or the detention hearing itself. The child's guardian ad litem, and parent, guardian or custodian, and child may waive in writing the time of the shelter hearing or the shelter hearing itself. If the child has not reached his tenth birthday, the child's consent shall not be required.

(6) Any order placing a child into custody shall comply with the requirements provided in Section 43-21-301.

Laws, 1979, ch. 506, § 36; Laws, 1980, ch. 550, § 15; Laws, 1985, ch. 486, § 5; Laws, 1993, ch. 439, § 3; Laws, 1997, ch. 440, § 9; Laws, 1998, ch. 516, § 20; Laws, 2004, ch. 417, § 2, eff. 7/1/2004.

Amended by Laws, 2017, ch. 420, HB 1213, 4, eff. 7/1/2017.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1988–2021 · leading case: McDonald v. McDonald, 39 So. 3d 868 (Miss. 2010).

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McDonald v. McDonald, 39 So. 3d 868 (Miss. 2010). · cites it 2× “See Miss.Code Ann. § 43-21-309 (Rev.2009). Jennifer appealed from the order, citing the chancellor’s assertion of jurisdiction.”

In Interest of TLC, 566 So. 2d 691 (Miss. 1990). “1989) (parent, guardian or custodian to be given reasonable oral or written notice of detention or shelter hearing); Miss. Code Ann. § 43-21-501 (1)(b) & (c) (1972) ("person or persons who have custody or control of the child" and "parent or guardian of the child if such parent…”

Miss. Com'n on Jud. Perf. v. Osborne, 16 So. 3d 16 (Miss. 2009). “See Miss.Code Ann. § 43-21-309 (Rev.2004). But absent as the record is of proof that Judge Osborne committed this error with "bad faith or gross unconcern," Martin, 921 So.”

Collins v. Lowndes Cnty. Pub. Welfare, 555 So. 2d 71 (Miss. 1989). “*72 PITTMAN, Justice, for the Court: The Lowndes County Public Welfare Department, on October 18, 1988, petitioned pursuant to Miss. Code Ann. § 43-21-309 (Supp. 1989) that a shelter hearing be held for the purpose of finding if there was probable cause for a hearing on the…”

R.P. v. State, 151 So. 3d 204 (Miss. 2014). “See Miss.Code Ann. § 43-21-301 (Rev. 2009). .”

Miller v. State, 94 So. 3d 1155 (Miss. Ct. App. 2011). · cites it 2× “16(b)(4)(iii); Miss.Code Ann. § 43-21-309. The shelter hearing also features relaxed rules of evidence.”

In the Interest of M.I., 519 So. 2d 433 (Miss. 1988). “Pursuant to Miss.Code Ann. § 43-21-309 (1981), a hearing was held on March 30, 1984, to determine the status of the child.”

Mississippi Comm'n on Jud. Performance v. Osborne, 16 So. 3d 16 (Miss. 2009). “See Miss.Code Ann. § 43-21-309 (Rev.2004). But absent as the record is of proof that Judge Osborne committed this error with “bad faith or gross unconcern,” Martin, 921 So.”

Hosea Hines v. City of Pearl, Mississippi (Miss. 2006). · cites it 3× “Miss. Code Ann. § 43-21-309 (2) (Rev. 2004).”

Jennifer McDonald v. Michael Steven McDonald (Miss. 2007). · cites it 2× “See Miss. Code Ann. § 43-21-309 (Rev. 2009). Jennifer appealed from the order, citing the chancellor’s assertion of jurisdiction.”

M.A.S. v. Lamar Cnty. Dep't of Child Prot. Servs. (Miss. Ct. App. 2021). “4 See Miss. Code Ann. § 43-21-309 (Supp. 2017); U.”

— Miss. Code Ann. § 43-21-309(l)(b) — 1 case

McDonald v. McDonald, 39 So. 3d 868 (Miss. 2010). “See Miss.Code Ann. § 43-21-309 (Rev.2009). Jennifer appealed from the order, citing the chancellor’s assertion of jurisdiction.”

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