Mississippi’s youth court proceedings could grind to a halt and federal child welfare funding could be jeopardized come July if the Legislature does not revive one of the state laws dealing with the confidentiality of records involving children, state officials are warning Gov. Tate Reeves.
In Mississippi, records involving juvenile delinquency or child abuse and neglect allegations are confidential. This law is not in jeopardy.
However, the state has another law that permits those records to be shared between the Mississippi Department of Child Protection Services, youth courts, parents of the child, a child’s legal representative, law enforcement and other parties providing care and resources to children. This law needs to be renewed every few years – and if legislators don’t do that by July 1 of this year, this law will disappear.
The law set to repeal provides the crucial exemptions to confidentiality that allow parties involved in these sensitive cases to communicate the facts and make decisions involving a child’s placement and care.
A bill introduced in the Legislature this year would have reduced youth court confidentiality altogether as part of a proposal of sweeping reforms that led to intense debate among lawmakers. The bill died, leaving the confidentiality in place but allowing the law containing the exemptions to lapse.
Andrea Sanders, commissioner of the Mississippi Department of Child Protection Services, speaks after Gov. Tate Reeves signed bills into law at the Walter Sillers Building in Jackson on Wednesday, April 19, 2023. Credit: Eric Shelton/Mississippi TodayCPS Commissioner Andrea Sanders asked Reeves in a letter April 30 to call a special legislative session to prevent the law’s repeal.
She explained that if the exemption disappears, chancery court judges hearing custody cases may not be able to see any youth court or Department of Child Protection Services records that would inform their decisions. Parents with children before a youth court would not have access to court orders that spell out what action they must take, such as requirements they must meet to retrieve their children from CPS custody. CPS could not disclose records involving its investigations to the court, the letter warned. The judge holds the sole power to decide when to remove a child from their home and when to return them.
“Essentially, all legal proceedings involving children under MDCPS’s supervision and care would grind to a halt,” she wrote.
CPS would also be prevented from sharing information with Medicaid, children’s advocacy centers, hospitals, doctors, mental health providers, schools, foster parents and relatives offering support.
Sanders expressed concerns in the letter that the agency’s inability to disclose information could impact the state’s ability to demonstrate compliance with federal regulations in order to draw down federal foster care funding. The law’s repeal would have significant and detrimental consequences, she wrote.
Reeves has already called a special session for legislators to conduct judicial district redistricting later this month following the U.S. Supreme Court decision in Louisiana v. Callais, which many believe will make it easier to change electoral boundaries that were drawn to ensure Black representation. Reeves would need to add the youth court matter to a special session’s agenda for lawmakers to consider it.
State Public Defender André de Gruy also asked Reeves for a special session, saying the repeal of the law would harm his office’s ability to represent children in juvenile delinquency cases and parents in child welfare matters.
“It really defeats the whole purpose of youth court, which is to provide services to help children and families,” said Jennifer Morgan, the parent defense program manager for the public defender’s office. “The inability of CPS to connect children and families with services leaves families stuck.”
Four other laws are set to repeal July 1 as a result of the reform bill’s death, which could create additional issues for youth court operations, according to consultants working with the Mississippi Administrative Office of Courts.
Among the laws going away are requirements that youth court case details be entered into the state’s case management system, a prohibition on sex offenders accessing information through that database, state funding requirements for local youth courts, and the ability for parents, such as those in the military, to grant temporary power of attorney.
Reeves’ office did not respond to emails requesting comment for this story.
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