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In the Interest of C.B.

Court of Appeals of Mississippi

April 8, 2014

IN THE INTEREST OF C.B., A MINOR, AND K.B., A MINOR

COURT FROM WHICH APPEALED: HINDS COUNTY YOUTH COURT. DATE OF JUDGMENT: 04/03/2012. TRIAL JUDGE: HON. WILLIAM LOUIS SKINNER II. TRIAL COURT CHILDREN'S CARE AND CUSTODY ORDERED TO REMAIN WITH THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES UNTIL APPROPRIATE PLACEMENT; BOTH CHILDREN ORDERED TO RECEIVE COUNSELING UNTIL RELEASED.

FOR APPELLANT: VICTORIA JACOBS-BRANSON (Pro se).

FOR APPELLEE: KELLY G. WILLIAMS.

BEFORE LEE, C.J., ROBERTS AND JAMES, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 461

NATURE OF THE CASE: CIVIL - CUSTODY

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1. On July 14, 2011, officers from the Jackson Police Department responded to the home of Minnie Jacobs. Jacobs's daughter, Victoria Jacobs-Branson (" Branson" ), had come to the home in the middle of the night exhibiting troubling and erratic behavior. She had damaged Jacobs's home and had broken several windows. Also, Branson's sister, Kathy Levy, believed that Branson had tried to bury her children. The officers found Branson and her two minor sons, eight-year-old Caleb [1] and seven-year-old Kevin, hiding in a planter's box in a neighbor's carport. Instead of being taken into police custody, Branson was admitted to St. Dominic Hospital for psychiatric treatment. The officers placed Caleb and Kevin with Levy and filed a report with the Mississippi Department of Human Services (DHS).

¶2. On April 3, 2012, an adjudication hearing was held in Hinds County Youth Court. The court found that Caleb and Kevin were neglected children under Mississippi Code Annotated section 43-21-105(l) (Supp. 2013). The court ordered the children's care and custody to remain with DHS for appropriate placement, and for both children to receive counseling until they are released.

STANDARD OF REVIEW

¶3. " The standard of review for [a youth court judgment] is the same as that of a chancellor[:] whether the ruling was manifestly wrong [or] clearly erroneous, or [the court] applied an erroneous legal standard." In re B.S., 105 So.3d 1120, 1121-22 (¶ 6) (Miss. 2013) (internal quotations omitted).

DISCUSSION

¶4. Branson argues on appeal that there was no evidence to support the youth court's determination that Caleb and Kevin were neglected under section 43-21-105(l). Section ...


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