Home State Wide Updated: Mississippi Supreme Court staves off legal conundrum over child welfare confidentiality

Updated: Mississippi Supreme Court staves off legal conundrum over child welfare confidentiality

0
Audio recording is automated for accessibility. Humans wrote and edited the story.

This article was produced by the Deep South Today Investigative Reporting Center in collaboration with The New York Times. Learn more about our work here.

After Mississippi’s child protection system was thrown into chaos by a law change that took effect Wednesday, the state Supreme Court issued an order Thursday that officials said will allow youth court business to proceed as usual. At least for now.

The change in law prohibits state agencies from disclosing records involving children without exceptions.

The Supreme Court order provides a temporary fix by defining the exceptions to confidentiality in the Uniform Rules of Youth Court Practice, which the state court enacted. The order also suspends penalties for violating confidentiality. The court order remains in effect until July 24. 

State officials have said the uncertainty threatened to thwart the functions of several government entities, such as the child protection agency and the courts that oversee the cases of abused or neglected youth. 

Sgt. Jonathan Blakeney, who works in Pascagoula Police Department’s criminal investigations division, had told Mississippi Today that he learned Wednesday morning that the Mississippi Department of Child Protection Services would no longer refer reports about child abuse or neglect to his department.

However, the agency told Mississippi Today Thursday that this was not accurate and that workers have been instructed to continue cooperating with law enforcement. 

“Our mission remains unchanged: to protect children, support families, and encourage lasting family connections,” CPS said in a statement late Thursday. “We remain committed to carrying out that mission through collaboration, transparency, and a shared commitment to the safety of Mississippi’s children.”

Blakeney estimated his office typically receives around five such reports a week, which it investigates to determine whether charges are warranted.

“I cannot tell you how many hours a week I spend on the phone exchanging valuable information with CPS workers for the sole purpose of keeping children safe, and now that ability to work together has been taken away,” Blakeney said Wednesday.

At issue is a state law that places blanket confidentiality on youth courts across the state. A separate provision that provides exceptions to that secrecy – which allow judicial officers, the child protection agency, providers and lawyers to communicate information – was removed from state law Wednesday. Without the exceptions, the laws left in place make it a misdemeanor to share any records involving children with anybody.  

This change was due to a repealer that lawmakers added to the law two years ago as it contemplated broad reforms to the state’s youth court structure. When a repealer is included in a state law, the law goes away on a specified date unless the Legislature passes a bill to reenact it. The Legislature’s intent in including the repealer was to force lawmakers to  introduce a new court structure or maintain the status quo. 

Blakeney, the police investigator in Pascagoula, said there was nothing broken about the specific law they killed. “It seems like an uninformed gamble,” he said, describing the Legislature’s strategy. 

Instead of handling the repealer during the 2026 session, lawmakers went home. While the Senate was taking up the youth court bill on the floor in the last days of the session, senators learned the House had adjourned before passing the bill, causing its demise and thrusting the youth court world into tumult.

To circumvent the problem, several youth court judges issued standing orders allowing for the limited disclosure of these records –  such as investigative reports, court filings, medical and educational records – to judicial officers, lawyers, law enforcement and service providers.

READ MORE: State court office will follow judge orders on youth court access, while legal conundrum around secrecy remains

On Tuesday, CPS filed an emergency motion with the Mississippi Supreme Court to prevent these orders from taking effect. 

No one, including CPS, publicly supported the law change that occurred Wednesday. It is regarded as a legislative blunder. The agency specifically asked Gov. Tate Reeves to call a special legislative session to rectify it. 

But still, CPS has moved to block the judicial workaround, arguing it is not the proper fix. CPS claims the patchwork of orders by local judges are unlawful and would force state employees to break the law. 

This is especially concerning, the agency contends, considering the hardship its workers already endure under contradictory legal constraints and a climate in which “youth court judges exert extreme control and direction of agency employees.”

“Historically, Mississippi youth courts have a reputation for being punitive and abusive to MDCPS employees who are subjected to conflicting verbal and written orders,” the motion states. 

It warned against possible sanctions, retribution and contempt proceedings against child protection workers.

The Office of the State Public Defender is also sounding the alarm about the effect of blanket confidentiality on the due process rights of parents and children who find themselves in youth court and face barriers accessing their own court records. The defense lawyers have filed a federal civil rights lawsuit against the Administrative Office of the Courts, the custodian of the statewide youth court case management system.

Blakeney’s department has urged hospitals and schools in his area to call the police about crimes against children, in addition to reporting to CPS.

Update, 7/2/2026: This article has been updated to show that the Mississippi Supreme Court has issued an order that affects the child protection system and to show that the Mississippi Department of Child Protection Services said its position on making reports to law enforcement had not changed in light of the July 1 law change.

Mississippi Today