In the Interest of L.D.M, A Minor


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Docket Number: 2003-CA-02531-SCT

Supreme Court: Opinion Link
Opinion Date: 02-10-2005
Opinion Author: Smith, C.J.
Holding: Affirmed

Additional Case Information: Topic: Child custody - Jurisdiction - Section 43-21-105(k)
Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ.
Non Participating Judge(s): Diaz, J.
Concurs in Result Only: Randolph, J.
Procedural History: Venue
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 10-16-2003
Appealed from: Warren County Youth Court
Judge: Patricia Daniel Beckett
Disposition: Found that the youth court lacked jurisdiction over the matter, and transferred the case to the chancery court.
Case Number: 7074


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Topic: Child custody - Jurisdiction - Section 43-21-105(k)

Summary of the Facts: JMB filed a Petition for Adjudication alleging that she was unable to care for her 10-month-old child, LDM, who needed supervision. She requested that temporary custody be given to the child’s great grandmother. An order was entered granting custody of the child to the child’s great grandmother. Two years later, JMB requested and received a temporary order for visitation. Later, JMB filed a motion to restore custody. A guardian ad litem was appointed and recommended that the great grandmother be given permanent custody of the child. The Youth Court ordered that the child be returned to her mother, and the great grandmother appealed. The Supreme Court vacated the order and remanded the case to the Youth Court. On remand, the judge ruled that the court did not have jurisdiction over the matter and transferred the entire case to the chancery court. By the time this matter was remanded and ruled on by the Youth Court Judge, LDM had been placed in the physical custody of her maternal grandmother. JMB had signed an affidavit for voluntary relinquishment of parental rights in connection with an adoption proceeding, in which the grandmother and her husband were trying to adopt the child. The great grandmother intervened in the adoption proceeding and a district court in Texas entered an Order of Dismissal of the Original Petition to Terminate Parent-Child Relationship and of the Original Petition for Adoption of Grandchild filed by CB and her family.

Summary of Opinion Analysis: The Youth Court’s jurisdiction was purportedly established since the child was alleged to be a “child in need of supervision” because the mother was unable to provide appropriate care. However, since a 10-month-old child does not meet the definition of a child in need of supervision as set forth in section 43-21-105(k) of the Mississippi Youth Court Act, the Youth Court did not have jurisdiction over this case. Instead, this is a child custody dispute that should be heard and disposed of in chancery court. Therefore, the Warren County Youth Court did not err by transferring this case to the Warren County Chancery Court.


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