In Re the Interest of M.I.
85 So. 3d 856
| Miss. | 2012Background
- DHS initiated youth court proceedings in Lauderdale County in 2006 to remove M.I. and T.I. from their parents due to neglect and abuse.
- The youth court adjudicated the minors neglected/abused on November 28, 2006, placing physical custody with the Andersons and legal custody with DHS.
- On January 30, 2008, the youth court granted the Andersons full legal and physical custody, describing it as a durable placement and indicating no further review unless petitioned; DHS could close its file.
- Between 2008 and 2010 there was minimal activity, until the mother sought visitation in 2010, triggering DHS and youth court reviews.
- The Andersons filed a Petition to Award Custody, Support and Other Relief in 2011 in the Chancery Court of Neshoba County and moved to transfer jurisdiction from the youth court, which was denied on April 5, 2011.
- The Andersons appealed the denial, arguing the youth court lost jurisdiction, while DHS argued it retained jurisdiction despite the 2008 order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the youth court terminated its jurisdiction via the 2008 durable custody order. | Andersons contend the 2008 order ended the youth court's jurisdiction. | DHS contends durable custody does not terminate jurisdiction. | Durable legal custody does not terminate youth court jurisdiction. |
Key Cases Cited
- In re S.A.M., 826 So.2d 1266 (Miss. 2002) (durable custody does not end court supervision and may be modified)
- Barnett v. Oathout, 883 So.2d 563 (Miss. 2004) (durable custody does not preclude further DHS involvement or review)
- K.M.K. v. S.L.M., 775 So.2d 115 (Miss. 2000) (jurisdiction analysis in youth court matters)
- Beggiani, 519 So.2d 1208 (Miss. 1988) (youth court jurisdiction extended until age twenty for neglected/abused children)