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Section 93-15-123 – Court discretion not to terminate

May 13, 2021 | Family Law, Mississippi

Notwithstanding any other provision of this chapter, the court may exercise its discretion not to terminate the parent’s parental rights in a proceeding under this chapter if the child’s safety and welfare will not be compromised or endangered and terminating the parent’s parental right is not in the child’s best interests based on one or more of the following factors:

(a) The Department of Child Protection Services has documented compelling and extraordinary reasons why terminating the parent’s parental rights would not be in the child’s best interests;
(b) There is a likelihood that continuing reasonable efforts for achieving reunification will be successful;
(c) Terminating the parent’s parental rights would inappropriately relieve the parent of the parent’s financial or support obligations to the child; or
(d) The child is being cared for by the other parent, or a relative, guardian, or custodian, in a residence not occupied by the abusive or neglectful parent and terminating the parent’s parental rights would not expedite the process for obtaining a satisfactory permanency outcome.

Miss. Code ยง 93-15-123

Amended by Laws, 2017, ch. 372, SB 2342, 10, eff. 3/20/2017.
Added by Laws, 2016, ch. 431, HB 1240, 13, eff. 4/18/2016.