Maria Lynn Pruitt Simmons v. Harrison County Department of Human Services
228 So. 3d 347
Miss. Ct. App.2017Background
- In August 2011 DHS removed Maria Simmons’s five children from unsanitary conditions; Justin (a fictitious name) entered DHS custody and was adjudicated neglected.
- On April 3, 2012 Simmons signed a written "Surrender of Parental Rights and Consent to Adoption" relinquishing parental rights to Justin; the form mistakenly listed his birthdate one day off.
- DHS later filed a petition (2014) to terminate parental rights and served summonses; Simmons contended she was not personally served and did not receive notice of the termination hearing.
- The chancery court terminated Simmons’s parental rights after no parent appeared at the February 12, 2015 hearing; Simmons filed a Rule 60(b) motion seeking relief and argued lack of jurisdiction and invalid consent due to the date-of-birth error.
- The chancellor denied relief, holding Simmons had voluntarily waived notice by signing the surrender (governed by statute, not Rule 4), and the one-day DOB error was a nonfatal scrivener’s error.
- The Court of Appeals affirmed, finding the statutory voluntary-release framework controlled, Simmons waived notice absent clear-and-convincing evidence of fraud/duress, and the clerical DOB mistake did not invalidate consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chancery court had personal jurisdiction because Simmons was not personally served and her waiver was signed before petition | Simmons: waiver invalid under M.R.C.P. 4(e) (must be signed after suit filed); thus no proper service or jurisdiction | DHS: Title 93 statutory release (section 93-15-103(2)) governs; statutory voluntary release waives notice even if Rule 4 timing not met | Held: Statute controls over Rule 4; Simmons voluntarily waived notice by signing the release; no jurisdictional defect |
| Whether service was inadequate because summons was left with Simmons’s brother at a gas station | Simmons: process server did not personally serve her, so she lacked reasonable notice | DHS: waiver via written release obviated need for formal service | Held: Adequacy of formal service immaterial because Simmons had executed a statutory voluntary release; no relief granted |
| Whether the one-day error in Justin’s date of birth invalidated Simmons’s consent | Simmons: clerical DOB error rendered the consent defective and entitled her to relief under Rule 60(b)(2) | DHS: the action was governed by the pre-2016 statute (no DOB requirement then); the error is a nonfatal scrivener’s error and did not show mistake/fraud warranting relief | Held: DOB error occurred before statutory amendment requiring DOB; the clerical error was non-fatal and did not vitiate Simmons’s voluntary relinquishment |
Key Cases Cited
- Blakeney v. McRee, 188 So. 3d 1154 (Miss. 2016) (parents entitled to notice and opportunity to be heard in custody/termination matters)
- In re Adoption of D.N.T., 843 So. 2d 690 (Miss. 2003) (statutory adoption/termination procedures control over competing civil rules)
- Price v. McBeath, 989 So. 2d 444 (Miss. Ct. App. 2008) (personal jurisdiction via reasonable notice and service of process principles)
- Grafe v. Olds, 556 So. 2d 690 (Miss. 1990) (voluntary parental relinquishment binding absent clear-and-convincing evidence of fraud, duress, or undue influence)