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Section 93-15-117 – Involuntary termination when child in care and custody or under supervision of the Department of Child Protection Services pursuant to youth court proceedings and reasonable efforts for reunification are not required; standard of proof

May 13, 2021 | Family Law, Mississippi

When reasonable efforts for reunification are not required, a court hearing a petition under this chapter may terminate the parental rights of a parent if, after conducting an evidentiary hearing, the court finds by clear and convincing evidence:

(a) That the child has been adjudicated abused or neglected;
(b) That the child has been in the custody and care of, or under the supervision of, the Department of Child Protection Services for at least sixty (60) days and the Department of Child Protection Services is not required to make reasonable efforts for the reunification of the parent and the child pursuant to Section 43-21-603(7)(c) of the Mississippi Youth Court Law;
(c) That a permanency hearing, or a permanency review hearing, has been conducted pursuant to the Uniform Rules of Youth Court Practice and the court has found that reunification with the abusive or neglectful parent is not in the best interests of the child; and
(d) That termination of the parent’s parental rights is appropriate because reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome based on one or more of the following grounds:

(i) The basis for bypassing the reasonable efforts for reunification of the parent and child under Section 43-21-603(7)(c) is established by clear and convincing evidence; or
(ii) Any ground listed in Section 93-15-119 or 93-15-121 is established by clear and convincing evidence.

Miss. Code ยง 93-15-117

Amended by Laws, 2017, ch. 372, SB 2342, 7, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 10, eff. 4/18/2016.