43-21-313 - Release from custody upon change of circumstances. - Mississippi Statutes

§ 43-21-313. Release from custody upon change of circumstances.
 

(1)  A child held in custody under order of the youth court shall be released upon a finding that a change of circumstances makes continued custody unnecessary. 

(2)  A written request for the release of the child from custody, setting forth the changed circumstances, may be filed by the child; by the child's parent, guardian or custodian; by the child's counsel; or by the child's guardian ad litem, if any. 

(3)  Based upon the facts stated in the request, the judge may direct that a hearing be held at a date, time and place as fixed by the youth court. Reasonable notice of the hearing shall be given to the child; his parent, guardian or custodian; his counsel; and his guardian ad litem, if any, prior to the hearing. At the hearing, upon receiving evidence, the youth court may grant or deny the request. 

(4)  A child held in custody in violation of Section 43-21-301(6) shall be immediately transferred to a proper juvenile facility. 
 

Sources: Laws,  1979, ch. 506, § 38; Laws, 1993, ch. 439, § 5, eff from and after passage (approved March 27, 1993).