Mississippi Code
Miss. Code Ann. § 93-15-121 (2026)
Grounds for termination
✓ current as of July 2026
Any of the following, if established by clear and convincing evidence, may be grounds for termination of the parent's parental rights if reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome:
- (a) The parent has been medically diagnosed by a qualified mental health professional with a severe mental illness or deficiency that is unlikely to change in a reasonable period of time and which, based upon expert testimony or an established pattern of behavior, prevents the parent, despite reasonable accommodations, from providing minimally acceptable care for the child;
- (b) The parent has been medically diagnosed by a qualified health professional with an extreme physical incapacitation that is unlikely to change in a reasonable period of time and which, based upon expert testimony or an established pattern of behavior, prevents the parent, despite reasonable accommodations, from providing minimally acceptable care for the child;
- (c) The parent is suffering from habitual alcoholism or other drug addiction and has failed to successfully complete alcohol or drug treatment;
- (d) The parent is unwilling to provide reasonably necessary food, clothing, shelter, or medical care for the child; reasonably necessary medical care does not include recommended or optional vaccinations against childhood or any other disease;
- (e) The parent has failed to exercise reasonable visitation or communication with the child;
- (f) The parent's abusive or neglectful conduct has caused, at least in part, an extreme and deep-seated antipathy by the child toward the parent, or some other substantial erosion of the relationship between the parent and the child;
- (g) The parent has committed an abusive act for which reasonable efforts to maintain the children in the home would not be required under Section 43-21-603, or a series of physically, mentally, or emotionally abusive incidents, against the child or another child, whether related by consanguinity or affinity or not, making future contacts between the parent and child undesirable; or
- (h)
- (i) The parent has been convicted of any of the following offenses against any child:
- 1. Rape of a child under Section 97-3-65;
- 2. Sexual battery of a child under Section 97-3-95(c);
- 3. Touching a child for lustful purposes under Section 97-5-23;
- 4. Exploitation of a child under Sections 97-5-31 through 97-5-37;
- 5. Felonious abuse or battery of a child under Section 97-5-39(2);
- 6. Carnal knowledge of a step or adopted child or a child of a cohabitating partner under Section 97-5-41; or
- 7. Human trafficking of a child under Section 97-3-54.1; or
- (ii) The parent has been convicted of:
- 1. Murder or voluntary manslaughter of another child of the parent;
- 2. Aiding, abetting, attempting, conspiring or soliciting to commit murder or voluntary manslaughter of the child or another child of the parent; or
- 3. A felony assault that results in the serious bodily injury to the child or another child of the parent.
- (i) The parent has been convicted of any of the following offenses against any child:
Amended by Laws, 2024, ch. 531, SB 2792,§ 9, eff. 7/1/2024.
Amended by Laws, 2017, ch. 372, SB 2342, 9, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 12, eff. 4/18/2016.
Notes of Decisions
Cited in 20
cases (14 in the last 5 years), 2017–2026 · leading case: M.A.S. v. Miss. Dep't of Human Servs. (In Re M.A.S.), 245 So. 3d 410 (Miss. 2018).
M.A.S. v. Miss. Dep't of Human Servs. (In Re M.A.S.), 245 So. 3d 410 (Miss. 2018). “Now, the MTPRL’s grounds-for-termination factors are found in Mississippi Code Section 93-15-121 (Supp. 2017). 5 Ann. § 43-21-151).”
Frank Hartley, Jr. v. John D. Watts, 255 So. 3d 114 (Miss. 2017). “A 2016 amendment of Section 93-15-103 removed the bulk of that section to Section 93-15-121. The chancellor is referring to the period of time following Hartley's incarceration in 2007 to 2011 when the children either were with their mother, Bartenbach, or in foster care and did…”
In the Matter of the Adoption of M.R.H.: J.M.H. v. S.L.P. & A.P.;, No. 2019-CA-00698-COA (Miss. Ct. App. Sept. 29, 2020). “” Miss. Code Ann. § 93-15-121 (Supp. 2016); and Miss.”
C.P. & L.W. v. Lowndes Cnty. Dep't of Child Prot. Servs. & Alexis, a Minor, By & Through Her Next Friend Marcus D. Davenport, 349 So. 3d 1209 (Miss. Ct. App. 2022). “2021) or section 93-15-121 (Rev. 2021). CPS also alleged that 8 Section 93-15-117(b) lists one finding, among others, required to terminate parental rights when reunification efforts are not required, stating: That the child has been in the custody and care of, or under the…”
E.H. & J.H. v. Lee Cnty. Dep't of Child Prot. Servs. by Marcus D. Davenport, X.M.H., & J.E.H., Minors, By & Through Their Next Friend, Marcus D. Davenport, No. 2023-CA-00732-COA (Miss. Ct. App. Sept. 16, 2025). “” Miss. Code Ann. § 93-15-121 (c). 4 This argument appears to be a reference to section 93-15-121(d), which provides that termination may be appropriate if “[t]he parent is unwilling to provide reasonably necessary food, clothing, shelter, or medical care for the child .”
S.Z.O. v. Harrison Cnty. Dep't of Child Prot. Servs., by Marcus D. Davenport, & M.A.B., A Minor, By & Through Her Next Friend, Marcus D. Davenport, No. 2023-CA-00549-COA (Miss. Ct. App. Nov. 26, 2024). “” Miss. Code Ann. § 93-15-121 (e)-(f). ¶85.”
S.F. v. Lamar Cnty. Dep't of Child Prot. Servs. by Marcus Davenport, L.J.F. & Z.E.F., Minors, by & Through Their Next Friend, Marcus Davenport, No. 2021-CA-00466-SCT (Miss. Sept. 28, 2023). “” Miss. Code Ann. § 93-15-121 (Rev. 2021). One of those grounds is when “[t]he parent’s abusive or neglectful conduct has caused, at least in part, an extreme and deep-seated antipathy by the child toward the parent, or some other substantial erosion of the relationship between…”
A.M.Q. v. Forrest Cnty. Dep't of Child Prot. Servs., By Andrea A. Sanders, M.A.R., & I.V.R., Minors, By & Through Their Next Friend, Andrea A. Sanders, No. 2024-CP-00995-COA (Miss. Ct. App. Mar. 10, 2026). “]” Miss. Code Ann. § 93-15-121 (d). ¶18. At the time the two children were taken into CPS custody, A.”
M.A.S. v. Lamar Cnty. Dep't of Child Prot. Servs., No. 2020-CA-00070-COA (Miss. Ct. App. Sept. 21, 2021). “Therefore, the court find[s] grounds for termination under § 93-15-121(c) as to [M.A.S. and A.A.S]. The Court also finds that this neglectful behavior has at least in part contributed to a substantial erosion of the relationship between the parents and the child.”
In the Interest of J.K., a Minor: Merle Glenn Kirkley v. Jackson Cnty. Dep't of Child Prot. Servs. & J.L.M.K., a Minor, by & through his Next Friend, LaQuita Reed;, No. 2018-CA-00950-COA (Miss. Ct. App. Oct. 13, 2020). “] Miss. Code Ann. § 93-15-121 (c)-(f). The youth court determined that both parents 6 In 2016, the Legislature amended the Mississippi Termination of Parental Rights Law, deleting the prerequisites formerly provided in section 93-15-103(1) and setting forth the requirements for…”
Michael Smith v. Katie Doe, No. 2019-CA-01654-COA (Miss. Ct. App. Mar. 30, 2021). “; see Miss. Code Ann. § 93-15-119 . Then, “[i]f the chancellor’s decision was supported by substantial credible evidence, our analysis shifts to whether the chancellor should have found that reunification was desirable ‘toward obtaining a satisfactory permanency outcome.”
J.J.B. v. Monroe Cnty. Dep't of Child Prot. Servs., by Marcus D. Davenport, E.C.W., A.J.W. & M.B.B., Minors, By & Through Their Next Friend, Marcus D. Davenport, No. 2023-CA-00532-SCT (Miss. Jan. 16, 2025). “Miss. Code Ann. § 93-15-121 (d). Jane insists that there is a difference between being unwilling and unable.”
Miss. Code Ann. § 93-15-121(a): 1 case
C.P. & L.W. v. Lowndes Cnty. Dep't of Child Prot. Servs. & Alexis, a Minor, By & Through Her Next Friend Marcus D. Davenport, 349 So. 3d 1209 (Miss. Ct. App. 2022). “2021) or section 93-15-121 (Rev. 2021). CPS also alleged that 8 Section 93-15-117(b) lists one finding, among others, required to terminate parental rights when reunification efforts are not required, stating: That the child has been in the custody and care of, or under the…”
Miss. Code Ann. § 93-15-121(c): 5 cases
M.A.S. v. Lamar Cnty. Dep't of Child Prot. Servs., No. 2020-CA-00070-COA (Miss. Ct. App. Sept. 21, 2021). “Therefore, the court find[s] grounds for termination under § 93-15-121(c) as to [M.A.S. and A.A.S]. The Court also finds that this neglectful behavior has at least in part contributed to a substantial erosion of the relationship between the parents and the child.”
S.Z.O. v. Harrison Cnty. Dep't of Child Prot. Servs., by Marcus D. Davenport, & M.A.B., A Minor, By & Through Her Next Friend, Marcus D. Davenport, No. 2023-CA-00549-COA (Miss. Ct. App. Nov. 26, 2024). “” Miss. Code Ann. § 93-15-121 (e)-(f). ¶85.”
In the Interest of J.K., a Minor: Merle Glenn Kirkley v. Jackson Cnty. Dep't of Child Prot. Servs. & J.L.M.K., a Minor, by & through his Next Friend, LaQuita Reed;, No. 2018-CA-00950-COA (Miss. Ct. App. Oct. 13, 2020). “] Miss. Code Ann. § 93-15-121 (c)-(f). The youth court determined that both parents 6 In 2016, the Legislature amended the Mississippi Termination of Parental Rights Law, deleting the prerequisites formerly provided in section 93-15-103(1) and setting forth the requirements for…”
Connie Ruth Denham a/k/a Connie Quick v. Lafayette Cnty. Dep't of Child Prot. Servs., No. 2021-CA-00871-COA (Miss. Ct. App. Feb. 14, 2023).
E.H. & J.H. v. Lee Cnty. Dep't of Child Prot. Servs. by Marcus D. Davenport, X.M.H., & J.E.H., Minors, By & Through Their Next Friend, Marcus D. Davenport, No. 2023-CA-00732-COA (Miss. Ct. App. Sept. 16, 2025). “” Miss. Code Ann. § 93-15-121 (c). 4 This argument appears to be a reference to section 93-15-121(d), which provides that termination may be appropriate if “[t]he parent is unwilling to provide reasonably necessary food, clothing, shelter, or medical care for the child .”
Miss. Code Ann. § 93-15-121(d): 5 cases
A.M.Q. v. Forrest Cnty. Dep't of Child Prot. Servs., By Andrea A. Sanders, M.A.R., & I.V.R., Minors, By & Through Their Next Friend, Andrea A. Sanders, No. 2024-CP-00995-COA (Miss. Ct. App. Mar. 10, 2026). “]” Miss. Code Ann. § 93-15-121 (d). ¶18. At the time the two children were taken into CPS custody, A.”
R.B. & A.C.P. v. Winston Cnty. Dep't of Child Prot. Servs.;, No. 2017-CA-01618-COA (Miss. Ct. App. Dec. 17, 2019).
C.P. & L.W. v. Lowndes Cnty. Dep't of Child Prot. Servs. & Alexis, a Minor, By & Through Her Next Friend Marcus D. Davenport, 349 So. 3d 1209 (Miss. Ct. App. 2022). “2021) or section 93-15-121 (Rev. 2021). CPS also alleged that 8 Section 93-15-117(b) lists one finding, among others, required to terminate parental rights when reunification efforts are not required, stating: That the child has been in the custody and care of, or under the…”
E.H. & J.H. v. Lee Cnty. Dep't of Child Prot. Servs. by Marcus D. Davenport, X.M.H., & J.E.H., Minors, By & Through Their Next Friend, Marcus D. Davenport, No. 2023-CA-00732-COA (Miss. Ct. App. Sept. 16, 2025). “” Miss. Code Ann. § 93-15-121 (c). 4 This argument appears to be a reference to section 93-15-121(d), which provides that termination may be appropriate if “[t]he parent is unwilling to provide reasonably necessary food, clothing, shelter, or medical care for the child .”
J.R.M. v. Warren Cnty. Dep't of Child Prot. Servs. By Andrea A. Sanders, & S.M.M., A Minor, By & Through Their Next Friend, Andrea A. Sanders & Mississippi Dep't of Child Prot. Servs., No. 2024-CA-00984-COA (Miss. Ct. App. Mar. 31, 2026).
Miss. Code Ann. § 93-15-121(e): 3 cases
In the Matter of the Adoption of M.R.H.: J.M.H. v. S.L.P. & A.P.;, No. 2019-CA-00698-COA (Miss. Ct. App. Sept. 29, 2020). “” Miss. Code Ann. § 93-15-121 (Supp. 2016); and Miss.”
S.Z.O. v. Harrison Cnty. Dep't of Child Prot. Servs., by Marcus D. Davenport, & M.A.B., A Minor, By & Through Her Next Friend, Marcus D. Davenport, No. 2023-CA-00549-COA (Miss. Ct. App. Nov. 26, 2024). “” Miss. Code Ann. § 93-15-121 (e)-(f). ¶85.”
Michael Smith v. Katie Doe, No. 2019-CA-01654-COA (Miss. Ct. App. Mar. 30, 2021). “; see Miss. Code Ann. § 93-15-119 . Then, “[i]f the chancellor’s decision was supported by substantial credible evidence, our analysis shifts to whether the chancellor should have found that reunification was desirable ‘toward obtaining a satisfactory permanency outcome.”
Miss. Code Ann. § 93-15-121(f): 7 cases
S.F. v. Lamar Cnty. Dep't of Child Prot. Servs. by Marcus Davenport, L.J.F. & Z.E.F., Minors, by & Through Their Next Friend, Marcus Davenport, No. 2021-CA-00466-SCT (Miss. Sept. 28, 2023). “” Miss. Code Ann. § 93-15-121 (Rev. 2021). One of those grounds is when “[t]he parent’s abusive or neglectful conduct has caused, at least in part, an extreme and deep-seated antipathy by the child toward the parent, or some other substantial erosion of the relationship between…”
In the Matter of the Adoption of M.R.H.: J.M.H. v. S.L.P. & A.P.;, No. 2019-CA-00698-COA (Miss. Ct. App. Sept. 29, 2020). “” Miss. Code Ann. § 93-15-121 (Supp. 2016); and Miss.”
S.Z.O. v. Harrison Cnty. Dep't of Child Prot. Servs., by Marcus D. Davenport, & M.A.B., A Minor, By & Through Her Next Friend, Marcus D. Davenport, No. 2023-CA-00549-COA (Miss. Ct. App. Nov. 26, 2024). “” Miss. Code Ann. § 93-15-121 (e)-(f). ¶85.”
C.P. & L.W. v. Lowndes Cnty. Dep't of Child Prot. Servs. & Alexis, a Minor, By & Through Her Next Friend Marcus D. Davenport, 349 So. 3d 1209 (Miss. Ct. App. 2022). “2021) or section 93-15-121 (Rev. 2021). CPS also alleged that 8 Section 93-15-117(b) lists one finding, among others, required to terminate parental rights when reunification efforts are not required, stating: That the child has been in the custody and care of, or under the…”
A.M.Q. v. Forrest Cnty. Dep't of Child Prot. Servs., By Andrea A. Sanders, M.A.R., & I.V.R., Minors, By & Through Their Next Friend, Andrea A. Sanders, No. 2024-CP-00995-COA (Miss. Ct. App. Mar. 10, 2026). “]” Miss. Code Ann. § 93-15-121 (d). ¶18. At the time the two children were taken into CPS custody, A.”
Miss. Code Ann. § 93-15-121(h)(i)(4): 1 case
In the Matter of the Adoption of M.R.H.: J.M.H. v. S.L.P. & A.P.;, No. 2019-CA-00698-COA (Miss. Ct. App. Sept. 29, 2020). “” Miss. Code Ann. § 93-15-121 (Supp. 2016); and Miss.”
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