SEC. 43-23-3. Definitions.
Sections 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed.
(a) "The court" means the family court according to its context.
(b) "The judge" means the judge of the family court.
(c) "Child" and "youth" are synonymous and each means a person who is less than eighteen (18) years of age.
(d) "Legal custody" means the relationship by the court's decree. It imposes on the custodian the responsibility of physical possession of the child and the duty to protect, train, and discipline him and to provide him with food, shelter, education, and ordinary medical care, all subject to residual parent-rights and responsibilities of the guardian of the person.
(e) "Guardian" means the legally appointed guardian of the person of a child as defined by this chapter.
(f) "Parent" means the father or mother to whom a child has been born, either in wedlock or out of wedlock, or the father or mother by whom a child has been legally adopted.
(g) "Delinquent child" means and is synonymous with the meaning of what is commonly called a juvenile offender, and means any child not less than ten (10) years of age whose occupation, behavior, environment, or associations are injurious to his welfare or the welfare of other children; or who deserts his home; or who is habitually disobedient to or beyond the control of his parents, guardian or custodian; or who being required to attend school willfully violates rules thereof, or willfully absents himself therefrom; or who violates any state law or municipal ordinance; or who, by reason of being habitually wayward or habitually disobedient becomes an incorrigible or uncontrollable child; or who so deports himself as to injure or endanger the morals or health of himself or any other person.
(h) "Neglected child" means a child whose parent, guardian, or custodian, or any person legally responsible for his care or support, neglects or refuses when able so to do, to provide for him proper or necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; or who is otherwise without proper care, custody, supervision, or support; or who, for any reason and as the result of the faults or habits of anyone, lacks the special care made necessary for him by reason of his mental condition, whether said condition be mentally defective or mentally disordered; or who, for any reason, and as the result of the faults or habits of anyone, lacks the care necessary for his health, morals, or well-being; or who is found in a disreputable place, or who associates with vagrant, vicious, or immoral persons.
(i) "Battered and abused child" means a child whose parent, guardian or custodian, or any person responsible for his care or support, whether legally obligated to do so or not, has inflicted physical injury, including sexual abuse, or injuries other than by accidental means upon him as a result of abuse or neglect. In addition to physical injury, abuse encompasses a situation in which a child's mental health has been adversely affected in some substantial way as determined by examination by competent mental health professionals.
(j) "Detention" means the temporary care of children who require secure custody for their own or the community's protection in physically restricted facilities pending court disposition.
(k) "Shelter" means temporary care of children in physically unrestricted facilities pending court disposition.
(l) The singular includes the plural, the plural the singular, and the masculine the feminine when consistent with the intent of this chapter.
SOURCES: Codes, 1942, Sec. 7187-02; Laws, Sec. 1964, ch. 328, Sec. 2; 1977, ch. 474, Sec. 4, eff from and after July 1, 1977. This section is repealed by Laws 1999, Ch. 432, Sec. 2 when such law is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.