Felissa Jones and J.J., a Minor by and Through His Mother and Next Friend Felissa Jones v. Mississippi Department of Child Protection Services

CourtMississippi Supreme Court
DecidedJune 13, 2024
Docket2022-SA-01234-SCT
StatusPublished

This text of Felissa Jones and J.J., a Minor by and Through His Mother and Next Friend Felissa Jones v. Mississippi Department of Child Protection Services (Felissa Jones and J.J., a Minor by and Through His Mother and Next Friend Felissa Jones v. Mississippi Department of Child Protection Services) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felissa Jones and J.J., a Minor by and Through His Mother and Next Friend Felissa Jones v. Mississippi Department of Child Protection Services, (Mich. 2024).

Opinion

IN THE SUPREME COURT OF MISSISSIPPI

NO. 2022-SA-01234-SCT

FELISSA JONES AND J.J., A MINOR BY AND THROUGH HIS MOTHER AND NEXT FRIEND FELISSA JONES

v.

MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES

DATE OF JUDGMENT: 04/14/2022 TRIAL JUDGE: HON. J. DEWAYNE THOMAS TRIAL COURT ATTORNEYS: JEREMY DAVID EISLER DOUGLAS T. MIRACLE COURT FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT ATTORNEY FOR APPELLANTS: JEREMY DAVID EISLER ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: DOUGLAS T. MIRACLE NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES DISPOSITION: AFFIRMED - 06/13/2024 MOTION FOR REHEARING FILED:

EN BANC.

MAXWELL, JUSTICE, FOR THE COURT:

¶1. Though Felissa Jones raises a multitude of appellate issues, all her claims can be

summed up in one question—does Mississippi law require the Mississippi Department of

Child Protection Services (MDCPS) to investigate a report that a child has suffered abuse at

school by school staff? Based on the plain language of the relevant youth court

statutes—namely, Mississippi Code Section 43-21-353 (Rev. 2023)—the clear answer is no. Reports of abuse in out-of-home settings do not fall under the youth court’s limited

jurisdiction. So MDCPS’s policy not to treat reports of abuse at school as youth court

matters but instead screen out the report to local law enforcement complies with and furthers

legislative policy.

¶2. For this reason, the chancellor did not err by granting MDCPS a judgment on the

pleadings in Felissa Jones’s injunctive and declaratory action aimed at MDCPS’s policy not

to investigate allegations of abuse at schools. Thus we affirm.

Background Facts & Procedural History

¶3. Jones’s son is an elementary school student in the Lincoln County School District. In

2019, Jones reported to MDCPS that her son had suffered abuse and neglect by staff at his

school. MDCPS responded that it does not investigate reports of abuse at school. In July

2020, Jones sued MDCPS. She sought declaratory and injunctive relief related to MDCPS’s

intake policy that the agency does not investigate allegations of abuse in out-of-home settings

such as schools.

¶4. After Jones filed suit, MDCPS amended its intake policy on screening reports of

maltreatment in out-of-home settings.1 So Jones amended her complaint to also challenge

1 This expanded policy defines “out-of-home settings” and directs that, when MDCPS receives a report of abuse and neglect in an out-of-home setting, the intake worker must ascertain if “the alleged perpetrator is the parent, guardian, custodian, person responsible for the child’s care or support, or an adult relative or household member with access to the child.” Under the policy, “stepparents, foster parents, relatives, babysitters, residential facility staff, or any other individuals who stand in a role similar to that of a child’s parent in providing for the child’s needs” fall into this category of perpetrators, but “teachers, daycare workers, security guards at juvenile detention centers, or church employees/volunteers” do not. If the intake worker determines the alleged perpetrator falls into the parent/guardian/custodian category, the policy directs that the report be screened in

2 the updated policy. The crux of Jones’s argument was that Mississippi law—namely,

Mississippi Code Section 43-21-353(8) (Rev. 2023)2—mandated that MDCPS investigate

the report that her son had been abused and neglected at school. Jones alleged MDCPS, by

refusing to investigate her report, deprived her son of the youth court’s jurisdiction. Her

amended complaint sought declaratory relief that both the former policy and current policy

violate the law. It also sought injunctive relief ordering MDCPS to change its intake policy

and to investigate any child abuse complaints that were screened out due to MDCPS’s

allegedly unlawful policies.

¶5. Jones moved for a judgment in her favor on the pleadings, which the chancellor

denied. After this Court denied her petition for permission to file an interlocutory appeal,

Jones requested that the chancellor reconsider the denial of her motion for a judgment on the

pleadings. While that motion was pending, MDCPS moved for a judgment on the pleadings.

and assigned to the county CPS for investigation. But if the alleged perpetrator “is not the parent, guardian, custodian, person responsible for the child’s care or support, or an adult relative or household member with access to the child, the report will be screened out.” The policy also directs the intake supervisor to “immediately notify the law enforcement agency in whose jurisdiction the act occurred by phone and email regardless of whether the report is screened in for investigation by MDCPS.”

The full policy can be found on the MDCPS website:

https://www.mdcps.ms.gov/sites/default/files/about-us/policies-%26-procedures/Intake-P olicy-Revised-Eff.-10.15.2020.-section-II.D.2.aScreening-Reports-of-Maltreatment-in-O ut-of-Home-settings-CORRECTED-url-2.pdf (last visited June 12, 2024). 2 On July 1, 2019, while Jones’s initial dispute with MDCPS was ongoing, the Legislature amended Section 43-21-353. S.B. 2840, Reg. Sess., 2019 Miss. Laws ch. 464, § 3; S.B. 2576, Reg. Sess., 2019 Miss. Laws ch. 473, § 4. These amendments, however, did not substantively alter the provisions at issue. Compare Miss. Code Ann. § 43-21-353(8) (Rev. 2023) with Miss. Code Ann. § 43-21-353(8) (Supp. 2016).

3 The chancellor denied Jones’s motion for reconsideration, granted MDCPS’s motion, and

dismissed Jones’s complaint.

¶6. The chancellor ruled that Jones’s request for declaratory relief related to MDCPS’s

former intake policy was moot because the policy was no longer in effect. And the

chancellor ruled that the current intake policy does not violate the relevant statutes. Instead,

it conforms to Section 43-21-353(8)’s statutory mandate to refer allegations of child abuse

in out-of-home settings to local law enforcement.

¶7. Jones appealed, challenging the denial of her motion for a judgment on the pleadings,

the denial of her motion to reconsider, and the grant of MDCPS’s motion for a judgment on

the pleadings.

Discussion

¶8. In her brief, Jones splits her argument into multiple issues. But her appeal really only

raises one question—does MDCPS have a statutory duty to investigate abuse allegations in

out-of-home settings such as schools and daycare? The answer hinges on statutory

interpretation. And statutory interpretation is a question of law this Court reviews de novo,

without giving deference to the agency’s interpretation. HWCC-Tunica, Inc. v. Miss. Dep’t

of Revenue, 296 So. 3d 668, 673 (Miss. 2020) (citing King v. Miss. Mil. Dep’t, 245 So. 3d

404, 407-08 (Miss. 2018)). After de novo review, we agree with the chancellor’s

interpretation of the relevant youth court statutes.

¶9. Youth court is a creation of statute. Its jurisdiction is limited to what the Legislature

determines it to be. And based on the relevant youth court statutes, when it comes to

4 concerns of protecting children from abuse and neglect, it is clear that the Legislature has

reserved the youth court’s limited jurisdiction—and resources—for matters that arise out of

children’s familial and home environments, not schools. Stated differently, while a school’s

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Felissa Jones and J.J., a Minor by and Through His Mother and Next Friend Felissa Jones v. Mississippi Department of Child Protection Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felissa-jones-and-jj-a-minor-by-and-through-his-mother-and-next-friend-miss-2024.