The Legislature approved the Youth Court Reform Act during a special session, shifting pre-petition responsibilities in delinquency, abuse and neglect matters from youth court judges to prosecutors and the Mississippi Department of Child Protective Services, the bill’s backers said. The legislation includes more than $29.5 million to create a statewide diversion program, expand detention capacity and update case-management systems.
Officials and advocates are divided on the move. The Department of Child Protective Services said the Olivia Y. lawsuit, filed in March 2004 in U.S. District Court in Jackson, alleged Mississippi’s foster care system failed to protect children and provide required services. Vickie Lowery, youth court program director for the Administrative Office of Courts, said the state has spent about $80 million on legal fees and monitors related to the case and is seeking an exit strategy while investing in upstream services for families.
Madison County Youth Court Judge Staci O’Neal said she is concerned the changes remove important pre-petition judicial oversight. “CPS no longer has any judicial oversight over their functions,” O’Neal said. Lowery said the change allows CPS or a county prosecutor to file petitions and that judges will retain oversight after a petition is filed. Lowery also said CPS may take a child into emergency custody for up to 24 hours and must submit a written request to a youth court judge within 48 hours.
The act moved all intake officers under the Administrative Office of Courts, a change Lowery said will create statewide consistency. Previously, 24 counties had full-time youth courts. Lowery said $2.5 million originally intended for referee courts will be used to hire more AOC intake officers, increasing field staff from 19 to 38, initially as contract employees. Lowery said the plan is to have the additional officers in the field by Aug. 24. O’Neal warned the current staff may be strained covering Mississippi’s 82 counties and said she expects workloads to grow.
Lowery acknowledged technology challenges. She said the current Mississippi Youth Court Information Delivery System is outdated and that short-term fixes are in place while a new system is developed over the next 32 months. Lowery said some substantial upgrades will arrive in the next three months and that CPS is updating the Mississippi Automated Child Welfare Information System to allow parental access to case files and to track the new diversion program. Lowery said agencies plan roundtable reviews of data and anticipate pursuing federal funds to help offset state investments.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
