SEC. 43-23-11. Summons; service of summons; notice; custody and detention.

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and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed.

After the filing of such petition, and after such further investigation as the court may direct, unless voluntary appearance be made as hereinafter set forth, the judge shall fix a date and designate a place for the hearing of the case concerning said child, and shall order the clerk of the family court to issue summons to the person having the custody or control of the child, requiring such person to appear personally and bring the child before the court at the time and place stated, and to then and there show cause, if any can be shown, why said child should not be adjudged a delinquent or neglected child; and if the person so summoned shall be other than one (1) of the parents or the guardian of the child, then such summons shall also issue to and be served upon one (1) of the parents or guardian of said child if one (1) of the parents or guardian resides within the state and can, by diligent search and inquiry, be located therein.

Summons shall be served not less than three (3) days before the date set for the hearing of the proceedings concerning said child, unless service of summons be waived by voluntary appearance before the date set for the hearing; the court may, in its discretion, proceed to a hearing at any time after said petition has been filed, regardless of the date set for the hearing. In case a parent or guardian of such child, or the custodian of such child if a parent or guardian cannot be located, appears before the court with the child without the service of summons on either of them, including the child, or being present in court with the child after service of summons on either of them, and makes no objection to the process or lack of process, the court shall have the right to proceed to the hearing of the case the same as if summons had been served on each of them; and any irregularities in the issuance or service of process on either of them shall not deprive the court of jurisdiction of the child and the right to proceed to a hearing.

In case it shall appear that neither a parent, nor guardian, nor custodian resides within the state or cannot be located therein, the clerk shall, not less than ten (10) days before the date set for the hearing, mail a written notice, by registered mail, to the parent, guardian, or custodian whose name and post-office address can be ascertained, advising him of the time and place of the hearing, and shall note such facts upon the court docket; and if no appearance be made in response to such notice, then ten days after such notice has been mailed, the court may take jurisdiction of the child the same as if summons had been personally served as herein provided, and may then proceed to a hearing and disposition of the case.

Process may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, or any of the parties, is necessary in any proceeding. The summons shall be directed to any lawful officer of the county authorized to serve same, and the service of summons required by this chapter may be made by a youth counsellor or any suitable person at the direction of the court, and such person shall, for such purpose, be an officer of the court. If it appear from the petition, or otherwise, that the child is in such condition or surroundings that his welfare requires that this custody be immediately assumed by the court, the judge may cause to be entered or endorsed upon the summons an order that the officer serving same at once take the child into custody, but no child shall be detained unless, in the opinion of the judge, it shall be necessary to insure protection of the child, or necessary for the protection of other children, or to insure his attendance in court at such time as it shall be required. In order to avoid such detention, the officer shall, unless it is impracticable, or has been otherwise ordered by the court, accept the promise of the parents or parent, guardian or custodian of the child, to be responsible for the personal presence of such child at the court at the time and place fixed by the court. If not so released, such child shall be placed in the custody of a person designated by the court, or taken immediately to the court, or to the place of detention designated by the summons; and the officer taking the child shall immediately notify the court of his possession or disposition of the child.

Pending the hearing and final disposition of the case, the court may arrange for the temporary detention of the child with any public or private institution or agency caring for children, or may request the state department of public welfare to arrange for the care of said child.

No child should be placed in or committed to any jail or place of detention of adults unless, in the opinion of the court, he be a child whose habits or conduct are deemed such as to constitute a menace to other persons or to be necessary to insure the attendance of such child at court; but he shall not be placed in a room or ward with adults. Any county or municipality may separately or jointly establish and maintain a suitable detention home, foster home, and shelter home for children awaiting hearing under the provisions of this chapter, or for such other purposes, as in the opinion of the court may be for the best interests of the child, or for the protection of the child or necessary for the protection of other children or for the protection of the community. For said purpose the county or municipality may acquire necessary land by purchase or donation and may expend the necessary funds from a special levy made therefor to build and maintain same and may employ an architect for the purpose of designing such buildings and may issue bonds as now provided by law for the purpose of building such buildings, including a family court in connection with such detention home, and the building of all such facilities as may be necessary to properly operate said detention home, foster home, shelter home, and the family court staff, including working space for the clerk of the family court, the youth counsellors, and clinical facilities.

SOURCES: Codes, 1942, Sec. 7187-06; Laws, 1964, ch. 328, Sec. 6, eff from and after passage (approved May 22, 1964). 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.