M.J.S.H.S. v. Yalobusha County Department of Human Services

Summary

The Supreme Court of Mississippi held that a guardian ad litem in a parental-rights termination proceeding failed to fulfill the duty to independently investigate and zealously represent the children's best interests. The court vacated the termination judgment and remanded for interviews with each child, an independent recommendation, and a limited hearing before the chancellor.

Holdings

1. A guardian ad litem appointed in a termination-of-parental-rights proceeding has an affirmative duty to zealously investigate, independently assess, and protect the child's best interests; the guardian cannot merely defer to the recommendations or records of other professionals and agencies.
2. On the facts of this case, the guardian ad litem was required to personally interview each child and investigate the children's current health, education, development, and general welfare before making an independent recommendation.
3. The chancery court's judgment terminating the mother's parental rights had to be vacated and remanded because the guardian ad litem failed to zealously inquire into and protect the children's best interests.

Questions Presented

1. Whether a guardian ad litem in a termination-of-parental-rights proceeding must independently investigate and zealously represent the children's best interests.
2. Whether the guardian ad litem's failure to personally interview the children and make an independent recommendation required vacatur of the judgment terminating the mother's parental rights.

Disposition

vacated