HB 1589 Mississippi House · 2025 Regular Session

Durable legal custody; remove as dispositional alternative in neglect and abuse cases.

HB 1589 proposed removing "durable legal relative guardianship" as an option for courts to place children in neglect or abuse cases. This would have affected children in Mississippi child welfare cases and their families, eliminating a specific custody arrangement where relatives or caregivers could gain long-term legal responsibility. The bill aimed to amend court disposition rules (including Section 43-21-609) to eliminate this option and update related sections. The legislation died on the calendar in February 2025 and never became law.

Bill status died 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 20, 2025 Last action Feb 13, 2025

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What changed between versions

As Introduced → Current version · 8 edits

MODERATE

This bill updates Mississippi's child welfare laws to clarify and strengthen protections for children in foster care, particularly by adding a new type of guardianship called 'durable legal relative guardianship' for relatives and fictive kin who have been licensed foster parents. The changes aim to provide more permanent living arrangements for children while maintaining oversight and ensuring the best interests of the child remain the priority.

Scope change

The bill expands the types of permanent placements available for children in the foster care system by introducing durable legal relative guardianship as a specific disposition alternative, while maintaining existing requirements for reasonable efforts and permanency planning.

ELIGIBILITY

Added 'durable legal relative guardianship' as a new disposition alternative for children in neglect and abuse cases, available to relatives or fictive kin who are licensed foster parents and have exercised physical custody for at least six months.

REQUIREMENT

Modified Section 43-21-609 to require that durable legal custody will not take effect until the child has been in physical custody of the proposed custodian for at least six months under Department of Child Protection Services supervision.

Added requirements for youth court consultation with children age 12 or older before granting durable legal relative guardianship, and annual reviews of such guardianships to ensure they remain in the child's best interest.

Added a Foster Parents' Bill of Rights and Responsibilities section (Section 5(11)) that grants foster parents specific rights including access to information, participation in planning meetings, and opportunities to be heard at court hearings.

Added requirements for concurrent planning when placing children in foster care or relative care, ensuring that permanency arrangements are considered at the earliest opportunity if reunification fails or is delayed.

Added a 72-hour notice requirement for foster parents and relatives when a child is being removed from their placement, except in emergency circumstances.

DEFINITION

Added new definitions for 'durable legal relative guardianship,' 'relative,' and 'fictive kin' to clarify eligibility criteria and the legal status created by court orders.

TIMELINE

Modified termination of parental rights timelines to allow for exceptions when children are placed in durable legal custody, durable legal relative guardianship, or long-term foster care by a court of competent jurisdiction.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 4, 2025

Lower · Passed

Title Suff Do Pass Comm Sub

lower

Jan 20, 2025

Committee

Referred To Judiciary A

lower

1 primary · 0 co-sponsors