Mississippi Department of Human Services v. Watts
Mississippi Department of Human Services v. Watts
Opinion of the Court
for the Court:
¶ 1. The County Court of Jackson County, sitting as Youth Court (‘Youth Court”), exercised jurisdiction over two minors following allegations of abuse and neglect. The foster parents of the two minor children subsequently filed adoption proceedings in the Lincoln County Chancery Court (“Chancery Court”). The Mississippi Department of Human Services (“MDHS”) sought interlocutory appeal after unsuccessfully challenging the chancery court’s jurisdiction to consider the adoption proceedings. We find that the Chancery Court has jurisdiction over the adoption proceedings and affirm the judgment of the Chancery Court.
FACTS AND PROCEDURAL HISTORY
¶ 2. The Jackson County Department of Human Services took minors A.B. and B.H. into custody due to neglect by the children’s mother. At that time, the minors’ father, Frank Hartley, was incarcerated in Florida.
¶ 3. MDHS subsequently began proceedings to terminate the parental rights of both parents in Youth Court. But, Hárt-ley, having been released from prison, sought custody of the children or, alternatively, a plan for reunification with the children, and the Youth Court ultimately dismissed the motion for termination of Hartley’s parental rights.
¶4. The Wattses filed a Petition for Termination of Parental Rights, Adoption, or in the Alternative Custody, and for Other Relief in the Chancery Court of Lincoln County, where the children and the Wattses resided.
¶ 5. The Chancery Court heard oral argument on the Wattses’ request for a
¶ 6. After the Chancery Court’s decision retaining jurisdiction, the parties entered into an Agreed Order of Temporary In-junctive Relief (“Agreed Order”).
DISCUSSION
I. STANDARD OF REVIEW
¶ 7. The question of whether the chancery court has jurisdiction to hear a particular matter is a question of law which this Court reviews de novo.”
II. LEGAL ANALYSIS
¶ 8. The Mississippi Constitution gives chancery courts “full jurisdiction [over] ... minor’s business.”
¶ 9. MDHS argues that the Youth Court has exclusive original jurisdiction, to the exclusion of all other courts, over these two children in all proceedings because of the ongoing proceedings in Youth Court involving their abuse and neglect. MDHS relies primarily upon this Court’s decision in K.M.K. v. S.L.M, 775 So.2d 115 (Miss. 2000), to support its position. In K.M.K., a minor was placed in the custody of foster parents by the County Court of Hinds
¶ 10. On interlocutory appeal, we held that “a chancery court may not exercise jurisdiction over any abused or neglected child or any proceedings pertaining thereto over which the youth court may exercise jurisdiction if there has been a prior proceeding in the youth court concerning that same child.”
¶ 11. MDHS also argues that the children were not “ripe” for adoption because the Youth Court had not yet terminated the natural parents’ rights. Although a youth court may terminate a parent’s rights under Mississippi Code Section 93-15-103 outside of an adoption proceeding, an adoption petition frequently includes an incidental termination of parental rights. Furthermore, as the Chancery Court recognized, two statutory schemes govern termination of parental rights. Mississippi Code Section 93-15-103 provides a finite list of specific factors that are to be considered in a proceeding to terminate parental rights. Mississippi Code Section 93-17-7 provides a more expansive list of factors that may be considered as reasons to terminate parental rights in the course of a contested adoption. Mississippi Code Section 93-17-13 additionally directs a chancellor granting an adoption over an objecting parent to include the language that “all parental rights of the natural parent, or parents, shall be terminated” in the final judgment of adoption.
¶ 12. Clearly, a chancellor has authority to terminate the rights of natural parents to enter a judgment of adoption, and is allowed to consider a more expansive list of factors in a contested adoption proceeding than the finite reasons that may considered in a proceeding to terminate parental rights. We find nothing that would require a chancery court to hold in abeyance its exclusive jurisdiction over an adoption petition until a youth court first terminates the rights of the natural parents. Therefore, we find that the Chancery Court may exercise its exclusive jurisdiction over these adoption proceedings even though the Youth Court has not yet terminated the rights of the parents.
¶ 13. We also have held that a chancery court may properly exercise jurisdiction over an adoption proceeding, even though
¶ 14. This Court recognized the “well established rule ... that where two (2) suits between the same parties over the same controversy are brought in courts of concurrent jurisdiction, the court which first acquires jurisdiction retains jurisdiction over the whole controversy to the exclusion or abatement of the second suit.”
[Ajdoption proceedings are entirely separate and distinct statutory proceedings neither connected to nor controlled by prior custody awards of another court. Lewison v. State, 193 So.2d 53 (Fla.Dist.Ct.App. 1966). Even though a juvenile court may have obtained and retained jurisdiction over a custody case by an initial adjudication of dependency and a custody award, jurisdiction of another court in a subsequent adoption proceeding is unaffected, and the juvenile court could not act so as to thwart the adoption proceeding.25
We ultimately held that the chancery court acted properly in assuming jurisdiction over the adoption and reversed the decision of the youth court in part because “an adoption is superior to a custody award.”
¶ 15. The dissent acknowledges the difficulty of these types of cases, but finds that “sound judicial administration and economy” mandate that the chancery courts should not involve themselves in these types of disputes.
CONCLUSION
¶ 16. We hold that chancery courts have exclusive jurisdiction over adoptions and may exercise such jurisdiction, even if a youth court has established jurisdiction over the minor due to abuse and neglect, and even if a youth court already has awarded custody to someone other than the adoption petitioner. The order of the Lincoln County Chancery Court is affirmed, and this case is remanded to the Chancery Court of Lincoln County for further proceedings consistent with this opinion.
¶ 17. AFFIRMED AND REMANDED.
. Hartley was convicted of committing lewd and lascivious acts on a minor between the ages of twelve and sixteen.
. The record of the Youth Court proceedings is not before this Court. It is unclear whether the Youth Court ever dealt with the merits of the petition to terminate Hartley’s parental rights. Also, it appears the proceeding to terminate the mother’s parental rights is still pending in the Youth Court. The dissent expresses concerns about "res judicata” and “conflicting orders” between the two courts. However, these issues are not before this Court and are potential issues that the chancellor acknowledged in his order. Nothing in this opinion should be read to preclude such issues being raised in the lower court. We rule today only upon the jurisdiction of the Chancery Court to proceed.
. See Miss.Code Ann. § 43-15-13(9) (Rev. 2009).
. It is undisputed the Wattses lived in Lincoln County when they filed their petition on October 10, 2011, and that the children lived with the Wattses in Lincoln County from December 14, 2009, until the Wattses filed their petition.
. In the Agreed Order, the Chancery Court found it had subject matter and party jurisdiction, but that MDHS and Hartley reserved all objections to jurisdiction; that the minor children were to be placed with MDHS, but not allowed to be removed from Mississippi; that all nonphysical contact between the children and Hartley would be monitored; and that the Chancery Court would appoint a guardian ad litem (GAD), who would supervise any physical contact between the children and Hartley if the GAD chose to do so.
. Following oral arguments, we requested additional briefing from the parties on the question of whether the statutory grant of "exclusive original jurisdiction” to youth courts over "all proceedings” concerning abused and neglected children impermissibly encroaches upon the chancery courts' constitutionally granted "full jurisdiction” over "minor’s business.” After thorough study, we find it unnecessary to answer this question in order to decide this case, and we leave it for determination on another day.
. White v. White, 26 So.3d 342, 346 (Miss. 2010) (citing In re Guardianship of Z.J., 804 So.2d 1009, 1011 (Miss. 2002); Burch v. Land Partners, L.P., 784 So.2d 925, 927 (Miss. 2001)).
. Miss. Const. art. 6, § 159 (1890).
. See Mississippi Code Section 43-21-151, which reads as follows: "(1) The youth court shall have exclusive original jurisdiction in all proceedings involving a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependant child, except in the following circumstances None of the enumerated excepted circumstances is present herein.
. White v. White, 26 So.3d at 347.
. K.M.K., 775 So.2d at 116.
. Id.
. Id. at 117.
. Id. at 118.
. Id.
. Id. at n. 1 (citing Miss.Code Ann. § 93-17-3 (1994) (adoption proceedings must be filed in chancery court)) (emphasis added).
. See Miss.Code Ann. § 93-17-3(4) (Rev. 2004) (adoption proceedings must be filed in chancery court).
. In re Beggiani, 519 So.2d 1208 (Miss. 1988).
. Id. at 1209.
. Id.
. Id.
.Id. at 1210 (citations omitted).
. Id.
. Id. at 1211.
. Id. (citation omitted).
. Diss. Op. at ¶ 27.
. Beggiani, 519 So.2d at 1211.
Dissenting Opinion
Dissenting:
¶ 18. Because the Lincoln County Chancery Court improperly asserted jurisdiction over John and Lenita Watts’s adoption petition, I respectfully dissent. The Wattses’ foster-parent relationship to A.B. and B.H. derived from the County Court of Jackson County, sitting as the Youth Court; thus, the Wattses are subject to jurisdiction in Jackson County concerning the two children.
¶ 19. Adoption and termination of parental rights are connected. Certainly, chancery courts have exclusive jurisdiction to hear and determine adoption proceedings. See Miss.Code Ann. § 93-17-3(4) (Rev. 2004) (amended by Laws of 2012, ch. 556, § 1, effective July 1, 2012). But to grant an adoption over a parent’s objection, as here, chancery courts must first terminate the objecting parent’s parental rights. Miss.Code Ann. § 93-17-7 (Rev.
¶ 20. As the majority notes, a chancellor considering whether to terminate parental rights in a contested adoption proceeding is afforded a more expansive list of factors to consider than a youth court deciding whether to terminate parental rights only. Miss.Code Ann. §§ 93-15-103, 93-17-7 (Rev. 2004). But, even if the means are slightly different, the end remains the same: termination or nontermi-nation of parental rights.
¶ 21. Here, the Youth Court in Jackson County has exercised its original jurisdiction over termination of parental rights. As the majority notes, proceedings to terminate the mother’s parental rights apparently remain pending, and the petition to terminate Hartley’s parental rights was dismissed so that reunification efforts could begin. Having exercised jurisdiction over termination-of-parental-rights proceedings, the Youth Court in Jackson County should retain continuing jurisdiction over A.B. and B. H.
¶ 22. This Court has held that where a chancery court exercises original jurisdiction in a divorce proceeding and decides issues pertaining to custody and visitation, that court has continuing jurisdiction over matters of contempt and termination of parental rights. Tollison v. Tollison, 841 So.2d 1062, 1064 (Miss. 2003). In Tollison, a couple living in Prentiss County separated, and as a result, the wife and child moved to Lafayette County. Id. at 1063. Thereafter, the couple obtained a divorce in Prentiss County. Id. at 1064. Years later, the wife filed a complaint for contempt and termination of parental rights in the Lafayette County Chancery Court. Id. This Court held that the complaint should have been filed in Prentiss County — the court of original jurisdiction — rather than Lafayette County. Id. at 1066.
¶ 23. Though Tollison’s facts clearly are distinguishable, the principle of continuing jurisdiction should apply here to the Youth Court in Jackson County. Admittedly, we have held that a chancery court may properly exercise jurisdiction over an adoption even after a youth court has awarded custody to another relative. In re Beggiani, 519 So.2d 1208, 1209-11 (Miss. 1988). In In re Beggiani, we reasoned that “adoption proceedings are entirely separate and distinct statutory proceedings neither connected with nor controlled by the prior custody awards of another court.” Id. at 1211 (citation omitted). Yet, termination of parental rights and reunification were not at issue in that case. The natural mother had signed a surrender of parental rights, and the natural father apparently was not in the picture. Id. at 1209.
¶ 24. In K.M.K. v. S.L.M., 775 So.2d 115, 118 (Miss. 2000), we held “that a chancery court may not exercise jurisdiction over any abused or neglected child or any proceeding pertaining thereto over which the youth court may exercise jurisdiction if there has been a prior proceeding in the youth court concerning that same child.” There, the minor’s foster parents had filed a petition in the Chancery Court for the First Judicial District of Hinds County to
¶ 25. Because all matters concerning the children should have been filed in Jackson County, I believe we should extend KM.K’s holding to these particular facts. In my view, a chancery court should not exercise its jurisdiction over a contested adoption proceeding if a youth court already has exercised its jurisdiction over termination-of-parental-rights proceedings, and reunification efforts have begun.
¶ 26. The same considerations that led to our holding in K.M.K. are pertinent here. Legislative intent was one of our principal concerns in that case. K.M.K., 775 So.2d at 118. One of the primary goals of youth courts is reunification, if that is found to be in the child’s best interest. B.A.D. v. Finnegan, 82 So.3d 608, 616 (Miss. 2012) (citing Miss.Code Ann. § 43-21-103 (Rev. 2009)). That goal is thwarted, however, if chancery courts are allowed to exercise jurisdiction over contested adoptions even as reunification is underway. In K.M.K., we also sought to prevent forum shopping and to avoid conflicting orders between trial courts on the same issues and multiple suits. K.M.K., 775 So.2d at 118. Under the majority’s opinion, foster parents or other persons aggrieved by a youth court’s deeision(s) can simply file for adoption in chancery court in hopes of obtaining a more desirable outcome. Chancery courts must not be allowed to function as appellate courts for prior youth-court decisions. McDonald v. McDonald, 39 So.3d 868, 886 (Miss. 2010). Further, allowing the Lincoln County Chancery Court to exercise jurisdiction over the adoption at this point in the Youth Court proceedings potentially leads to conflicting orders and creates confusion. If a youth court has dismissed a petition to terminate a parent’s parental rights and ordered that reunification begin, it is inconsistent for a chancery court to step in, terminate that same parent’s parental rights, and grant an adoption. Also, what then becomes of the youth court’s reunification orders as the adoption proceedings are pending?
¶ 27. These types of cases are difficult for everyone involved, including courts. That said, I believe that principles of sound judicial administration and economy require chancery courts to refrain from exercising jurisdiction over contested adoption proceedings where a youth court has exercised jurisdiction over termination-of-parental-rights proceedings and reunification efforts have begun. The Wattses’ course for relief was in Jackson County, where A.B. and B.H. were subject to the Youth Court’s jurisdiction as neglected children, where the Wattses had derived their foster-parent status, and where termination of parental rights already has been considered. Therefore, I respectfully dissent.
. The Wattses are contractual foster parents. Unfortunately, the actual contract that the Wattses entered into is not in the record. But regulations of the Mississippi Department of Human Services (MDHS) state that foster parents who agree to serve as a "resource home,” "expressly waived any right to custody of a child placed in [their] home for care, unless the child is made free for adoption by the written decision and action of the court.” Dep’t of Human Services Regulations, 11-111 CMSR § 006-35, Appendix S (Rev. 2008) (emphasis added).
Reference
- Full Case Name
- MISSISSIPPI DEPARTMENT OF HUMAN SERVICES and Frank Hartley, Jr. v. John D. WATTS and Lenita S. Watts
- Cited By
- 5 cases
- Status
- Published