Bill

Bill > HB1335


MS HB1335

MS HB1335
Attorney and guardian ad litem for child during termination of parental rights proceeding; remove requirement to have both.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Amend Section 93-15-107, Mississippi Code Of 1972, To Remove The Requirement That The Court Appoint An Attorney, In Addition To The Required Guardian Ad Litem, For A Minor Child Who Is Unrepresented During An Involuntary Termination Of Parental Rights Proceeding; And For Related Purposes.

AI Summary

This bill modifies Mississippi law regarding legal representation for children in involuntary termination of parental rights proceedings by removing the requirement that the court must appoint an attorney for an unrepresented minor child. Currently, the law mandates that if a minor child is unrepresented, the court must appoint an attorney to ensure the child's interests are known. The proposed change eliminates this mandatory attorney appointment, while still maintaining other important protections for the child. Specifically, the bill preserves the requirement that a guardian ad litem (a court-appointed representative who advocates for the child's best interests) must be appointed, and it continues to mandate that if the child is 12 years or older, they must be represented by counsel throughout the proceedings. If the child is 14 years or older, their preferences regarding the termination of parental rights will still be considered by the court. The bill is set to take effect on July 1, 2025, and aims to potentially reduce legal costs and streamline the process for termination of parental rights proceedings while maintaining safeguards for the child's welfare.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...