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MS HB1131

Bill

Status

Passed

6/22/2020

Primary Sponsor

Angela Cockerham

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Replaces the term "endangered" with "in danger of a significant risk of harm" in Mississippi Code sections 43-21-301 and 43-21-303 regarding youth court custody orders for children.

  • Applies the new terminology to circumstances where a child or another person requires custody protection, including situations involving parental drug use.

  • Specifies that probable cause for custody based on controlled substance use (other than marijuana) requires evidence that the child is "in danger of a significant risk of harm" or the parent cannot provide proper care due to unlawful drug use.

  • Clarifies that positive drug tests alone (for marijuana or controlled substances) cannot solely establish probable cause; must include evidence-based findings of actual harm to the child.

  • Takes effect July 1, 2020.

Legislative Description

Child custody orders; change reference to certain terms.

Last Action

Approved by Governor

6/22/2020

Committee Referrals

Judiciary, Division A5/11/2020
Judiciary A2/17/2020

Full Bill Text

No bill text available