§ 93-15-101. Short title
This chapter shall be known and may be cited as the “Mississippi Termination of Parental Rights Law.”
§ 93-15-103. Definitions
For purposes of this chapter, unless a different meaning is plainly expressed by the context, the following definitions apply: “Abandonment” means any conduct by the parent, whether consisting of a single incident or actions over an extended period of time, that evinces a settled purpose to relinquish all parental claims and responsibilities to the child. […]
§ 93-15-105. Jurisdiction and venue
The chancery court has original exclusive jurisdiction over all termination of parental rights proceedings except that a county court, when sitting as a youth court with jurisdiction of a child in an abuse or neglect proceeding, has original exclusive jurisdiction to hear a petition for termination of parental rights against a parent of that child. […]
§ 93-15-107. Commencement of proceedings; parties; summons
Involuntary termination of parental rights proceedings are commenced upon the filing of a petition under this chapter. The petition may be filed by any interested person, or any agency, institution or person holding custody of the child. The simultaneous filing of a petition for adoption is not a prerequisite for filing a petition under this […]
§ 93-15-109. Surrender of a child to the Department of Child Protection Services or a home
A parent may accomplish the surrender of a child to the Department of Child Protection Services or to a home by: Delivering the child to the Department of Child Protection Services or the home; Executing an affidavit of a written agreement that names the child and which vests in the Department of Child Protection Services […]
§ 93-15-111. Termination by written voluntary release
The court may accept the parent’s written voluntary release if it meets the following minimum requirements: Is signed under oath and dated at least seventy-two (72) hours after the birth of the child; States the parent’s full name, the relationship of the parent to the child, and the parent’s address; States the child’s full name, […]
§ 93-15-113. Conduct of hearing for involuntary termination of parental rights; counsel for parent
A hearing on the involuntary termination of parental rights shall be conducted without a jury and in accordance with the Mississippi Rules of Evidence. The court may exclude the child from the hearing if the court determines that the exclusion of the child from the hearing is in the child’s best interest. At the beginning […]
§ 93-15-115. Involuntary termination when child in care and custody or under the supervision of the Department of Child Protection Services pursuant to youth court proceedings and reasonable efforts for reunification are required; standard of proof
When reasonable efforts for reunification are required for a child who is in the custody of, or under the supervision of, the Department of Child Protection Services pursuant to youth court proceedings, the court hearing a petition under this chapter may terminate the parental rights of a parent if, after conducting an evidentiary hearing, the […]
§ 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
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: That the child has been adjudicated abused or neglected; That the child has been in the custody […]
§ 93-15-119. Involuntary termination in chancery court for reasons of abandonment, desertion, or parental unfitness to raise the child; standard of proof
A court hearing a petition under this chapter may terminate the parental rights of a parent when, after conducting an evidentiary hearing, the court finds by clear and convincing evidence: That the parent has engaged in conduct constituting abandonment or desertion of the child, as defined in Section 93-15-103, or is mentally, morally, or otherwise […]
§ 93-15-121. Grounds for termination
Any of the following, if established by clear and convincing evidence, may be grounds for termination of the parent’s parental rights if reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome: The parent has been medically diagnosed by a qualified mental health professional with a severe mental illness or […]
§ 93-15-123. Court discretion not to terminate
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 […]
§ 93-15-125. Compliance with Indian Child Welfare Act
In any proceeding under this chapter, where the court knows or has reason to know that an Indian child is involved, the court must comply with the Indian Child Welfare Act (25 USCS Section 1901 et seq.) in regard to notice, appointment of counsel, examination of reports or other documents, remedial services and rehabilitation programs, […]
§ 93-15-127. Effect on another parent’s rights
Termination under this chapter of a parent’s parental rights does not affect the parental rights of another parent.
§ 93-15-129. Petitions involving sexual abuse or serious bodily injury treated as preference case
In any case where a child has been removed from the custody and care of the parent due to sexual abuse or serious bodily injury to the child, or is not living in the home of the offending parent, the court shall treat the petition for termination of parental rights as a preference case to […]
§ 93-15-131. Post-judgment proceedings
If the court does not terminate the parent’s parental rights, the custody and care of the child shall continue with the person, agency, or institution that is holding custody of the child at the time the judgment is rendered, or the court may grant custody to the parent whose rights were sought to be terminated […]
§ 93-15-133. Review by Supreme Court
Appeal from a final judgment on the termination of parental rights under this chapter shall be to the Supreme Court of Mississippi pursuant to the Mississippi Rules of Appellate Procedure.