Request To Exercise Victims' Rights - State Of Mississippi Crime Victims' Bill Of Rights Page 5

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I.
Intake/Reporting requirements: Youth matters are commenced by a report being made to the intake
unit of the Youth Court. Upon receiving a report, the Youth Court intake unit must promptly make a preliminary
inquiry to determine whether the interest of the child or the public requires the Youth Court to take further
action. If it appears from the preliminary investigation that the child is within the jurisdiction of the Youth Court,
the intake unit shall recommend to the Youth Court: no action be taken; that an informal adjustment be
made; Department of Human Services monitor the case; informal counseling or a warning; or that a
petition be filed.
After reviewing the recommendation, the youth court shall without a hearing enter an order.
Informal Adjustment: The informal adjustment process is an informal process in which the child and
his parents, guardian, or custodian agree to abide by certain conditions recommended by the informal
adjustment counselor. Upon successful completion of the informal adjustment process the matter is
concluded. If the informal adjustment is unsuccessful, the matter is referred back to the Youth Court
intake unit for further recommendations.
Petition Filed/Commencement of Formal Proceedings: Delinquency proceedings are initiated by
the proper filing of a petition by the youth court prosecutor or other designated person. The petition
shall be filed:
!
within five (5) days from the date of the detention hearing continuing custody; or
!
in non-custody cases, unless another period of time is authorized by the youth court or its
designee, within ten (10) days of the court order authorizing the filing of the petition.
The court may dismiss the petition for failure to comply with this time schedule.
Persons Summoned
!
When a petition has been filed and the date of the hearing has been set, the judge or the
judge’s designee shall order the clerk of the youth court to issue a summons to:
!
the child named in the petition;
!
the person or persons who have custody or control of the child;
!
the parent or guardian of the child if such parent or guardian does not have custody of the
child; and
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any other person whom the court deems necessary.
II.
Detention Hearings: A child who has been ordered or taken into custody for delinquency may be held
in custody for longer than temporary custody if:
!
a written complaint or petition is filed;
!
a detention hearing is conducted; and
!
the court enters an order for continued custody.

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