SEC. 43-21-357. Intake procedure.

(1) After receiving a report, the intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the intake unit may request or the youth court may order the Department of Public Welfare, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the intake unit. If the intake unit receives a neglect or abuse report, the intake unit shall immediately forward the complaint to the Department of Public Welfare to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the intake unit shall recommend to the youth court:

(a) that the youth court take no action;

(b) that an informal adjustment be made; or

(c) that a petition be filed.

(2) The youth court may then, in its discretion, without a hearing:

(a) authorize that no action be taken;

(b) authorize that an informal adjustment be made; or

(c) authorize that a petition be filed.

(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.

SOURCES: Laws, 1979, ch. 506, Sec. 43; 1986, ch. 416, Sec. 2, eff from and after passage (approved March 31, 1986).

1997 Amendment:

SECTION 11. Section 43-21-357, Mississippi Code of 1972, is amended as follows:

 43-21-357. (1) After receiving a report, the youth court intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:

 (a) That the youth court take no action;

 (b) That an informal adjustment be made; or

 (c) That a petition be filed.

 (2) The youth court shall then, * * * without a hearing:

 (a) Order that no action be taken;

 (b) Order that an informal adjustment be made; or

 (c) Order that a petition be filed.

 (3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.

SOURCE:  1997 Laws, Chapter 440, Sec. 11, SB2510, Effective July 1, 1997.