Jane Doe v. Hinds County Youth Court, 220 So. 3d 285

In October 2013 a shelter hearing placed 15-year-old A.M. in MDHS custody and into a juvenile sex-offender treatment facility after allegations he had inappropriately touched his younger siblings.
An adjudication hearing was held February 11, 2014; summons issued October 29, 2013 was mailed to the mother’s prior Brandon address rather than her current Clinton address.
Neither the mother nor any of the children were served with process or present at the adjudication hearing; the court nonetheless announced the mother’s correct address in the record.
The youth court adjudicated the two younger children as sexually abused and adjudicated A.M. a child in need of supervision, ordering A.M. to remain in MDHS custody.
The mother later obtained counsel and moved to set aside the adjudication on jurisdictional grounds for insufficient service under Miss. Code Ann. § 43-21-507; the youth court denied the motion.
On appeal the Court of Appeals held the youth court lacked personal jurisdiction because statutory service and waiver requirements were not satisfied and reversed and rendered the judgment as void.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the youth court had jurisdiction where summons were issued to the mother’s prior address and neither mother nor children were served	Jane Doe: Service did not comply with § 43-21-507; therefore the court lacked jurisdiction and the adjudication is void	Hinds County Youth Court/State: Any defect was harmless; mother had actual notice and proceedings should stand	Court: Lack of proper service and absence of statutory waiver meant no jurisdiction; judgment is void and must be set aside
Whether actual notice or informal contact with MDHS cures defective service	Jane Doe: Actual notice cannot cure the jurisdictional defect	State: Implied that actual notice or appearance rendered defect harmless	Court: Actual notice is insufficient to cure jurisdictional/service defects under controlling precedent
Whether the mother’s delay in seeking relief bars relief from the judgment	Jane Doe: Motion to set aside should be allowed despite delay because judgment was void	State: Delay and failure to timely appeal weigh against relief	Court: Delay is irrelevant for relief from a void judgment under Rule 60(b)(4); court erred relying on untimeliness
Whether a juvenile can waive statutory notice requirements	Jane Doe: Waivers were not made; statutory waiver requirements were not met	State: (implicitly) waiver or voluntary appearance occurred or issue harmless	Court: Minors cannot waive statutory process; statutory waiver requirements were not satisfied

In re M.I., 85 So. 3d 856 (Miss. 2012) (jurisdictional review is de novo and notice requirements are jurisdictional in youth-court matters)
Sharp v. State, 127 So. 2d 865 (Miss. 1961) (statutory notice to parent is an indispensable prerequisite to youth-court jurisdiction absent voluntary waiver)
In re S.G.M., 97 So. 3d 702 (Miss. 2012) (a minor cannot waive statutorily required process; court has no jurisdiction until process served on minor and parent)