The Mississippi Senate on Thursday passed a bill that would place a permanent, full-time youth court judge in every area of the state, potentially creating a more consistent system of justice for vulnerable children. 

“This is about protection and looking out for our state’s most vulnerable citizens, which are the children,” Senate Judiciary A Chairman Brice Wiggins said. “And there is inconsistent justice throughout the state, and that’s just a function of the system we’ve had for all these decades.” 

Mississippi has a disjointed youth court system that differs from county to county. Youth court deals with most instances where children commit crimes and where adults are accused of abusing and neglecting minors. 

A full-time county court judge presides over youth court matters in counties with a county court. But despite its name, not every Mississippi county has a county court. 

For a county to have a county court, it must have a population larger than 50,000 people or, if smaller, it must convince the Legislature to pass a law to establish a county court in the area.  Only 24 of the state’s 82 counties have one. 

In the remaining counties, youth court is the responsibility of chancery courts. However, only two counties, Sunflower and Humphreys, have a chancellor who directly deals with youth matters. In the remaining 56 counties, the chancery court appoints a part-time youth court referee to handle those cases. 

Referees are typically attorneys who agree to hear youth court cases part-time. Critics of this system argue that part-time referees cannot devote their full time and resources to youth court.

Senate Bill 2769 creates a “hybrid” system that allows counties with a county court to retain jurisdiction of youth court matters. In the remaining counties, the legislation places a full-time chancellor solely dedicated to youth court matters within the chancery districts. 

“It’s imperative that we do something about youth court around the state,” Republican Sen. Nicole Boyd of Oxford told reporters. “This gives families the help they need.” 

If lawmakers substantially reform the state’s youth court system to create a more uniform structure, the state could finally resolve the long-running Oliva Y lawsuit, which has cost taxpayers millions of dollars. 

The Olivia Y lawsuit, filed in 2004 during Gov. Haley Barbour’s administration, alleged the state’s foster care system was not effectively protecting children who had been placed in Child Protection Services custody. The namesake of the suit was 3 years old at the time and showed various signs of abuse and neglect after being in the care of a foster family. 

The state settled with the plaintiffs and agreed to meet several performance metrics to improve the foster care system. Twenty years later, the state has still not resolved the litigation. 

The youth court bill coincides with lawmakers attempting to redraw circuit and chancery court districts, so lawmakers will likely work until the end of the 2025 session to agree on a final youth court reform bill.

The post Senate passes bill to create more uniform Mississippi youth court system  appeared first on Mississippi Today.