Mississippi Code
Miss. Code Ann. § 93-15-109 (2026)
Surrender of a child to the Department of Child Protection Services, a home or other agency, or emergency medical services provider
✓ current as of July 2026
- (1) A parent may accomplish the surrender of a child to the Department of Child Protection Services or to a home by:
- (a) Delivering the child to the Department of Child Protection Services or the home;
- (b) Executing an affidavit of a written agreement that names the child and which vests in the Department of Child Protection Services or the home the exclusive custody, care and control of the child; and
- (c) Executing a written voluntary release as set forth in Section 93-15-111(1).
- (2) If a child has been surrendered to a home or other agency operating under the laws of another state, and the child is delivered into the custody of a petitioner or home within this state, the execution of consent by the nonresident home or agency shall be sufficient.
- (3) A parent may accomplish the surrender of a child to an emergency medical services provider pursuant to Sections 43-15-201 et seq. Nothing in this section shall be construed to limit or restrict the delivery and surrender of a child to an emergency medical services provider pursuant to Section 43-15-201 et seq.
Amended by Laws, 2023, ch. 518, HB 1318,§ 8, eff. 4/19/2023.
Amended by Laws, 2017, ch. 372, SB 2342, 3, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 6, eff. 4/18/2016.
Notes of Decisions
Cited in 59
cases, 1982–2019 · leading case: Dauwanna Mitchell v. Tabitha Moore, 237 So. 3d 681 (Miss. 2017).
Dauwanna Mitchell v. Tabitha Moore, 237 So. 3d 681 (Miss. 2017). “such petition, if the chancellor, family court judge or county court judge is satisfied by clear and convincing proof that the parent or parents are within the grounds requiring termination of parental rights as set forth in this chapter, then the court may terminate all the…”
In re the Adoption of a Minor Child, 931 So. 2d 566 (Miss. 2006). “Miss.Code Ann. § 93-15-109 states, in relevant part: After hearing all the evidence in regard to such petition, if the chancellor .”
In Re Marriage of Leverock & Hamby, 23 So. 3d 424 (Miss. 2009). “" Miss.Code Ann. § 93-15-109 (Rev.2004) (emphasis added).”
Nat. Father v. United Meth. Child. Home, 418 So. 2d 807 (Miss. 1982). “Basic issues relate to (1) constitutionality of that portion of Mississippi Code Annotated § 93-15-109 (Supp. 1981), which allows parental rights termination upon a "preponderance of the evidence .”
May v. Harrison Cnty. Dep't of Human Servs., 883 So. 2d 74 (Miss. 2004). “See Miss.Code Ann. § 93-15-109 (Supp 2003). However, on appeal, this Court’s standard of review of a youth court judgment is limited; we may reverse only if reasonable men could not have found as the youth court did beyond a reasonable doubt.”
Lauderdale Cnty. Dhs v. Thg, 614 So. 2d 377 (Miss. 1993). “Human Services asserts that absent the admission of expert testimony and medical records, the burden of "clear and convincing evidence" required in a termination of parental rights proceeding pursuant to Miss. Code Ann. § 93-15-109 (Supp. 1992) cannot be met.”
De La Oliva v. Lowndes Cty. Dept. of Pub. Wel., 423 So. 2d 1328 (Miss. 1983). “At the time this cause was tried, Mississippi Code Annotated section 93-15-109 (Supp. 1980), provided: After hearing all the evidence in regard to such petition, if the chancellor is satisfied by a preponderance of the evidence that the parent or parents are within the grounds…”
M. L. B. v. S. L. J., 519 U.S. 102 (1996). “Miss. Code Ann. §93-15-109 (Supp. 1996). Nevertheless, the Chancellor’s termination order in this case simply recites statutory language; it describes no evidence, and otherwise details no reasons for finding M.”
Est. of Jones v. Howell, 687 So. 2d 1171 (Miss. 1996). “The Estate offers Miss. Code Ann. § 93-15-109 for the proposition that the chancery court can terminate an adopted child's right to inherit from his or her natural parents.”
Hall v. Jackson Cnty. Dep't of Human Servs., 225 So. 3d 1220 (Miss. Ct. App. 2016). “” ■ Miss.Code Ann. § 93-15-109 (Rev.2013). As discussed above, the youth court found by clear and convincing evidence that Hall’s ongoing behavior prevented reunification within a reasonable period of time following the children’s removal from her custody, see id.”
Vance v. Lincoln Cnty. DPW, 582 So. 2d 414 (Miss. 1991). “(4) Legal custody and guardianship by persons other than the parent as well as other permanent alternatives which end the supervision by the department of public welfare should be considered as alternatives to the termination of parental rights, and these alternatives should be…”
Barnes v. McGee, 178 So. 3d 801 (Miss. Ct. App. 2013). “2d 473 (1996) (citations omitted); see Miss.Code Ann. § 93-15-109 (Rev.2004) (permitting termination of parental rights if the “judge is satisfied by clear and convincing proof that the parent or parents are within the grounds requiring termination of parental.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.