Miss. Code Ann. » Miss. Code Ann. / Title 43 / Chapter 21
Mississippi Code

Miss. Code Ann. § 43-21-451 (2024)

Commencement of formal proceedings

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All proceedings seeking an adjudication that a child is a delinquent child, a child in need of supervision, a neglected child or an abused child shall be initiated by the filing of a petition. Upon authorization of the youth court, the petition shall be drafted and filed by the youth court prosecutor unless the youth court has designated some other person to draft and file the petition. The petition shall be filed within five (5) days from the date of a detention hearing or shelter hearing continuing custody. Unless another period of time is authorized by the youth court or its designee, in noncustody cases the petition shall be filed within ten (10) days of the court order authorizing the filing of a petition. The court may, in its discretion, dismiss the petition for failure to comply with the time schedule contained herein.

Laws, 1979, ch. 506, § 48; Laws, 1980, ch. 550, § 19; Laws, 1997, ch. 440, § 12, eff. 7/1/1997.

Notes of Decisions
Cited in 4 cases, 1990–2002 · leading case: In Interest of TLC, 566 So. 2d 691 (Miss. 1990).
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In Interest of TLC, 566 So. 2d 691 (Miss. 1990). · cites it 3× “Prior to the hearing, Roy moved the Court for an order of dismissal on grounds the Youth Court prosecutor had not filed her petition within five days of the Shelter Hearing, citing Miss. Code Ann. § 43-21-451 (1972). In addition, Roy moved for an order transferring the matter to…”
DDB v. Jackson Cnty. Youth Court, 816 So. 2d 380 (Miss. 2002). “notes, is Miss.Code Ann. § 43-21-451, which deals with the commencement of proceedings via the filing of a petition.”
The Interest of S.A.M., 826 So. 2d 1266 (Miss. 2002). “On October 9, 1996, an order was entered pursuant to Miss.Code Ann. § 43-21-451 (2000) authorizing the filing of an abuse petition in the interest of S.”
In Re Sam, 826 So. 2d 1266 (Miss. 2002). “On October 9, 1996, an order was entered pursuant to Miss.Code Ann. § 43-21-451 (2000) authorizing the filing of an abuse petition in the interest of S.”
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