In re C.R.
| Docket Number: | 2003-CA-00926-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-10-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Abuse petition - Dismissal - Notice of hearing - Prosecutorial discretion Judge(s) Concurring: King, C.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 03-31-2003 Appealed from: Harrison County Youth Court Judge: Gaston H. Hewes, Jr. Disposition: DISMISSED Case Number: 24YC030282 |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Abuse petition - Dismissal - Notice of hearing - Prosecutorial discretion |
| Summary of the Facts: | C.R. is the minor daughter of B.R. and M.R., her mother and father, respectively. While talking to a social worker with the Harrison County Department of Human Services, C.R. made several statements indicating that she had been sexually abused by her father. An investigation ensued, and the intake unit for the Harrison County Youth Court subsequently recommended that an abuse petition be submitted in the interest of C.R. The youth court prosecutor, filed, and the court approved, a petition alleging that C.R. was an abused child. Prior to holding an adjudicatory hearing, the youth court granted the motion of the guardian ad litem, acting upon an agreement with the prosecutor, to dismiss the petition. The child’s mother, B.R., appeals. |
| Summary of Opinion Analysis: | B.R. argues that the youth court, by considering the motion to dismiss, held an adjudicatory hearing, pursuant to section 43-21-557, thereby dispensing with the substantive issue of abuse upon C.R. as alleged in the petition, without providing her with notice of the hearing. B.R. also argues that the youth court lacks the authority to summarily dismiss a petition. The youth court does possess the authority to dismiss an abuse petition without providing notice to all parties. This authority is vested in the discretion of the prosecutor. The order dismissing the petition alleging that C.R. was an abused child was the product of prosecutorial discretion. The guardian ad litem was responsible for presenting the youth court with the motion to dismiss. The motion and resulting order, remain a product of prosecutorial discretion because the guardian ad litem was acting in accordance with his agreement with the prosecutor. The order did not render an adjudication as to the allegations in the petition; it simply abandoned the case, leaving all parties just as they were before the petition was filed. Accordingly, the youth court did not deprive B.R. of her right to notice and a hearing. |
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