Youth Court UNSEALED: A Look Behind the Gavel

649 Days in Foster Care! We've all seen the signs that children hold on the day of their adoption. So why does it take so long? The reason rests in a thing called Permanency. In all cases, except those where there are "aggravating circumstances," the first goal in child welfare cases is Reunification with the parent(s). The length of time given to parents to make themselves and their environments safe and appropriate for raising a child depends on many factors. Listen in as Judge Staci O'Neal and Judge Staci Bevill discuss the process of Permanency and the court hearings that ultimately determine when it is safe to go home or when it is time to find a new forever home. After a child has been adjudicated as neglected or abused, the Youth Court oversees that child's path to a permanent situation. Every case has a "Permanency Plan" and it is the Judge's job to monitor the progress towards accomplishing that plan. For some, the journey will bring a healthy reunification with parents who have worked hard to resolve poverty, drug addiction, mental health problems or other circumstances that caused the loss of custody. For others, the journey will end with a permanent solution in adoption or durable legal custody. The Youth Court is the gatekeeper of foster care. Although others in the system are responsible for the progress along the journey, or the lack thereof, the Youth Court Judge plays a critical role in holding everyone accountable to do their part towards a permanent solution.

Opening your home to an abused or neglected child and committing to love that child knowing that one day you may have to say goodbye is truly a calling. Judge O'Neal sat down to have a conversation with foster parents who went through the process in her court. Their case is closed now and all identities have been kept confidential. If you are interested in becoming a foster parent in Mississippi, you can find information here: https://www.mdcps.ms.gov/foster-and-adoptive-parents/foster-parent-resources

Children deserve their day in court! For every allegation of abuse, neglect, delinquency, truancy, child in need of supervision or special care, the youth court decides the merits of the case in an ADJUDICATION hearing. The adjudication hearing is the "trial" in youth court. Parties are entitled to subpoena witnesses and be represented by an attorney. Parties can choose to admit or deny the allegations rather than pleading "guilty" or "not guilty." Judge O'Neal and Judge Bevill discuss the importance of due process and the importance of making sure that any admission is a knowing, willing, voluntary and a truthful admission. The Mississippi statutes controlling the procedure around adjudication hearings can be found in Miss. Code § 43-21-551 through § 43-21-561.

Proposed amendments to the Youth Court Rules regarding service of process can be found at https://courts.ms.gov/research/rules/rulesforcomment/rulesforcomment.php

Judge Staci O'Neal and Judge Staci Bevill discuss what it takes to become a Youth Court Judge in Mississippi and the distinction between County Courts, Chancery Courts and Circuit Courts. All judges are required to go to "Judge School" after they are elected. In addition, all professionals, including judges, are required to have 12 hours of continuing education specific to juvenile justice every year.

Judge Staci O'Neal and Judge Staci Bevill discuss the seven types of children and youth who are adjudicated in the Youth Courts in Mississippi. (Please pardon a few audio glitches along the way.)

Judge Staci O'Neal and Judge Staci Bevill discuss making decisions about juvenile detention. In Mississippi, a youth cannot be "taken into custody by a law enforcement officer" unless a Youth Court Judge or designee has issued an order to take the child into custody. (Miss. Code Ann. §43-21-301) Since only a fraction of Mississippi counties have juvenile detention facilities, the final decision point for Youth Court Judges is whether or not there is a detention bed available. When that answer is no, law enforcement has no option but to release the youth to their parents. In some instances, this may present a risk to the youth, their family or the public. Once detained, the youth is entitled to a Detention Hearing within 48 hours. Relevant statutes and rules discussed in the episode are listed below.

§43-21-301 ,§43-21-303, §43-21-305, §43-21-309, §43-21-311

Uniform Rules of Youth Court Practice 11 and 16

Judge Staci O'Neal and Judge Staci Bevill take you behind the scenes in a conversation about the Intake process for all cases in Mississippi Youth Courts. In Youth Court there is no Grand Jury or Indictment process before a felony type case gets to Youth Court. Abuse and neglect allegations are funneled from the State's Hotline to the County CPS offices and ultimately make their way to the Youth Court for review. This process is handled through a Judge appointed "Intake Unit" that processes hundreds of reports of abuse, neglect, delinquency, truancy, Child in Need of Supervision or Special Care. Ultimately, the Youth Court Judge makes a decision and issues an Intake Order determining the future of the allegations - whether each case goes forward informally, formally, or goes away without any action. During this episode there are several acronyms that are used repeatedly which may be unfamiliar to those outside of the Youth Court environment. The Mississippi Department of Human Services Division of Youth Services is referred to as "DYS" and the Mississippi Department of Child Protection Services is referred to as "CPS" throughout this episode. If you know of a neglect or abuse situation in Mississippi, the number to call is 1-800-222-8000. If you need to report a criminal action involving a juvenile please call 911 in an emergency or call your local law enforcement agency to make a report if the situation is not an emergency.

"MYCIDS" - The Case Management Software mandated for all Mississippi Youth Courts.

Mississippi Uniform Rules of Youth Court Practice 8 & 9 https://courts.ms.gov/research/rules/msrulesofcourt/uniform_rules_yc_practice.pdf

Relevant Mississippi Statutes

§ 43-21-351, § 43-21-353, § 43-21-354, § 43-21-355, § 43-21-357

Judge Staci O'Neal and Judge Staci Bevill take you behind the gavel to have a conversation about Disposition Hearings and various Disposition Alternatives used in their Youth Court. In the adult criminal world, it's called "Sentencing" but in the Youth Court world, it's called Disposition. Disposition is a time for the Judge to impose consequences that will serve the best interest of the youth and protect the community. The Youth Services Counselors play a critical role in gathering information about the Youth and presenting that information to the Judge so that the Judge can make an informed decision. Listen for creative disposition alternatives like the 1980's Protocol, the Incentive Wheel and Public Speaking 101. All that we do in Disposition Hearings has one goal - to make sure the criminal behavior stops and young people grow to reach their potential and become productive members of society.

In this Podcast, Judge Staci O'Neal and Judge Staci Bevill introduce you to Youth Court UnSealed: A Look Behind the Gavel. Judge Staci O'Neal is a County and Youth Court Judge in Madison County, Mississippi and Judge Staci Bevill is a County and Youth Court Judge in Lee County, Mississippi. We hope to educate practitioners and the general public about Youth Court in hopes of giving listeners a peek behind the confidential closed doors of Youth Court. Our Youth Courts are closed proceedings where the general public and the media are not permitted to observe. For that reason, there is mystery and misunderstanding surrounding the process. If you have questions about Youth Court or you would like to be a guest on a future podcast, please email [email protected]. This Podcast is not legal advice or intended to be a substitute for legal advice. It is for educational purposes only.