Mississippi Code
Miss. Code Ann. § 43-21-557 (2024)
Order of proceedings
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) At the beginning of each adjudicatory hearing, the youth court shall:
- (a) verify the name, age and residence of the child who is the subject of the cause and ascertain the relationship of the parties, each to the other;
- (b) ascertain whether all necessary parties are present and identify all persons participating in the hearing;
- (c) ascertain whether the notice requirements have been complied with and, if not, whether the affected parties intelligently waived compliance in accordance with Section 43-21-507;
- (d) explain to the parties the purpose of the hearing and the possible dispositional alternatives thereof; and
- (e) explain to the parties:
- (i) the right to counsel;
- (ii) the right to remain silent;
- (iii) the right to subpoena witnesses;
- (iv) the right to cross-examine witnesses testifying against him; and
- (v) the right to appeal.
- (2) The youth court should then ascertain whether the parties before the youth court are represented by counsel. If a party before the youth court is not represented by counsel, the youth court shall ascertain whether the party understands his right to counsel. If the party wishes to retain counsel, the youth court shall continue the hearing for a reasonable time to allow the party to obtain and consult with counsel of his choosing. If an indigent child does not have counsel, the youth court shall appoint counsel to represent the child and shall continue the hearing for a reasonable time to allow the child to consult with his appointed counsel.
- (3) The youth court may then inquire whether the parties admit or deny the allegations in the petition as provided in Section 43-21-553.
- (4) The youth court may at any time terminate the proceedings and dismiss the petition if the youth court finds such action to be conducive to the welfare of the child and in the best interest of the state.
Laws, 1979, ch. 506, § 61, eff. 7/1/1979.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1989–2023 · leading case: E.K. v. Mississippi Dep't of Child Prot. Servs., 249 So. 3d 377 (Miss. 2018).
E.K. v. Mississippi Dep't of Child Prot. Servs., 249 So. 3d 377 (Miss. 2018). “Miss. Code Ann. § 43-21-557 (1) - (2) (Rev.”
DDB v. Jackson Cnty. Youth Court, 816 So. 2d 380 (Miss. 2002). “Miss.Code Ann. § 43-21-557 outlines the order of proceedings to be followed by youth court judges at adjudicatory hearings.”
In Interest of TLC, 566 So. 2d 691 (Miss. 1990). “He relies first on Miss. Code Ann. § 43-21-557 (1972), which provides in pertinent part: (1) At the beginning of each adjudicatory hearing, the youth court shall: (d) explain to the parties the purpose of the hearing and the possible disposition alternatives thereof; and (e)…”
In the Interest of L.C.A., 938 So. 2d 300 (Miss. Ct. App. 2006). “Miss.Code Ann. § 43-21-557 (Rev. 2004). Specifically, Section 43-21-557(l)(e) provides, “At the beginning of each adjudicatory hearing, the youth court shall .”
Collins v. Lowndes Cnty. Pub. Welfare, 555 So. 2d 71 (Miss. 1989). “The trial court failed at the outset of the hearing to explain all rights as mandated by Miss. Code Ann. § 43-21-557 (1)(e) (1972).”
R.P. v. State, 151 So. 3d 204 (Miss. 2014). “Miss.Code Ann. § 43-21-557 (Rev. 2009). It is undisputed that D.”
In Interest of Jpc v. State, 783 So. 2d 778 (Miss. Ct. App. 2000). “Miss.Code Ann. § 43-21-557 (Rev.1993). If the child is adjudicated a delinquent, the Youth Court must then schedule and conduct a disposition hearing to determine what sanctions should be imposed on child, "which [hearing] shall be separate, distinct and subsequent to the…”
In Re Lca, 938 So. 2d 300 (Miss. Ct. App. 2006). “Miss.Code Ann. § 43-21-557 (Rev. 2004). Specifically, Section 43-21-557(1)(e) provides, "At the beginning of each adjudicatory hearing, the youth court shall .”
In the Interest of C.R., 879 So. 2d 1119 (Miss. Ct. App. 2004). “maintains in her appeal that the youth court, by considering the motion to dismiss, held an adjudicatory hearing, pursuant to Miss.Code Ann. § 43-21-557 (Rev.2000), thereby dispensing with the substantive issue of abuse upon C.”
Jane Doe v. Hinds Cnty. Youth Court, 220 So. 3d 285 (Miss. Ct. App. 2017). “” Miss. Code Ann. § 43-21-557 (1)(c) (Rev. 2009).”
The Interest of J.N., 915 So. 2d 1076 (Miss. Ct. App. 2005). “Miss.Code Ann. § 43-21-557 (Rev.2004); In re T.”
John Hoffman v. Mississippi Dep't of Emp. Sec., No. 2022-CC-00948-COA (Miss. Ct. App. Oct. 10, 2023). “21, 2023) (finding the right to confrontation was not violated in a public-records proceeding as it was civil in nature); but see Miss. Code Ann. § 43-21-557 (1)(e)(iv) (Rev.”
Miss. Code Ann. § 43-21-557(1): 1 case
DDB v. Jackson Cnty. Youth Court, 816 So. 2d 380 (Miss. 2002). “Miss.Code Ann. § 43-21-557 outlines the order of proceedings to be followed by youth court judges at adjudicatory hearings.”
Miss. Code Ann. § 43-21-557(4): 1 case
In the Interest of C.R., 879 So. 2d 1119 (Miss. Ct. App. 2004). “maintains in her appeal that the youth court, by considering the motion to dismiss, held an adjudicatory hearing, pursuant to Miss.Code Ann. § 43-21-557 (Rev.2000), thereby dispensing with the substantive issue of abuse upon C.”
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