Do I Have A Bed?

Judge Staci O'Neal and Judge Staci Bevill discuss making decisions about juvenile detention. In Mississippi, a youth cannot be "taken into custody by a law enforcement officer" unless a Youth Court Judge or designee has issued an order to take the child into custody. (Miss. Code Ann. §43-21-301) Since only a fraction of Mississippi counties have juvenile detention facilities, the final decision point for Youth Court Judges is whether or not there is a detention bed available. When that answer is no, law enforcement has no option but to release the youth to their parents. In some instances, this may present a risk to the youth, their family or the public. Once detained, the youth is entitled to a Detention Hearing within 48 hours. Relevant statutes and rules discussed in the episode are listed below. §43-21-301 ,§43-21-303, §43-21-305, §43-21-309, §43-21-311 Uniform Rules of Youth Court Practice 11 and 16