LAMAR, Justice, 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.
¶ 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, Hartley, 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 Injunctive Relief ("Agreed Order").
¶ 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."
¶ 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."
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.
¶ 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.
CARLSON AND DICKINSON, P.JJ., RANDOLPH, KITCHENS, CHANDLER AND KING, JJ., CONCUR. WALLER, C.J., DISSENTS WITH SEPARATE WRITTEN OPINION. PIERCE, J., NOT PARTICIPATING.
WALLER, Chief Justice, 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 nontermination 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 K.M.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 decision(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.