18 Miss. Code. R. 6-1-A-I-X
The RD or designee will determine the schedule for case record destruction based on the regulations below. The destruction of case records involving children will be in compliance with Section 43-21-265 of the Youth Court Act. ( See MISS. CODE ANN. § 43-21-265"Destruction of Records")
When a record is destroyed, the master index shall be checked to see that all birthdates and all unique numbers of individuals and children are correctly entered upon it. The master index should then be marked: "Case Record Destroyed" and the date of destruction.
DFCS case records are divided into two groups to assist in the determination of case record destruction. The two groups are further divided between cases not involving DFCS custody and those where DFCS custody was involved. The client records are further identified by service type (direct services). In cases where more than one service type is involved, the service type requiring the longest retention period should prevail.
Three (3) years after closure, case records involving the following service types may be completely destroyed:
* Case Management
* Investigations-unsubstantiated
Ten (10) years after closure, or when the youngest child reaches 21 years of age (whichever occurs last) the case records involving the following service types may be completely destroyed:
* Prevention of Abuse/Neglect of Children
* Protection Services - Child
* Protection Services - Adult
* Interstate Compact Services
* Investigations-substantiated
After the youngest child who was in custody reaches age 28, the case record involving the following service types may be completely destroyed.
* Ten (10) years after closure, foster home case records can be completely destroyed.
* When closed because of legal finalization, any case record involving adoption should be submitted in its entirety to the Adoption Unit in State Office. If more than one county record is involved, all should be submitted.
Before any records may be destroyed the county must:
Once the blanket order is obtained, and before the paper folder is destroyed, all medical records and mental health examinations must be removed and retained prior to destruction of the remainder of the record. After the file is destroyed, a written report of compliance must be filed with the youth court by the county office (See MISS. CODE ANN. § 43-21-265).
MISS. CODE ANN. 43-21-265. Destruction of Records
The youth court, in its discretion, may order the destruction of any records involving children except medical or mental health examinations as defined in section 43-21-253. This order shall be directed to all persons maintaining the records, shall order their physical destruction by an appropriate means specified by the youth court and shall require the persons to file with the youth court a written report of compliance with the order. No records, however, may be destroyed without the approval of the director of the Department of Archives and History.
When a record is destroyed that contains medical or mental health documents, these documents should be placed in a single pack folder with case name/child's name on the label and placed in locked file cabinet labeled "Medical/Mental Health documents from Closed Cases".
Service recipients or their designated legal representatives may access their case records, consistent with legal requirements. (See MISS. CODE ANN. § 43-21-261) The identity of the reporter should be removed.
The following documents, which address case file access, shall be provided to clients, as appropriate.
* Notice of Parent/Guardian's Rights - Investigation
* Notice of Parent/Guardian's Rights - Prevention/Protection
* Notice of Parent/Guardian's Rights - Placement Cases
* Client's Grievance Procedure
Reviews of case records by service recipients shall be:
If DFCS determines that it would be harmful for a service recipient to review his/her case record, and if applicable law provides no guidance on case record access, then:
Each child in DFCS custody shall have a five (5) section (ten (10) sided) file folder.
Original documents (including documents that require signatures) shall also be filed in the regular two (2) section (four (4) sided) parent/guardian's case file.
All case files must contain required documents as discussed below in "Service Case Record". Additional documents are required for the case files of children in the custody of DFCS. These are outlined in the following material.
Most case entries and documentation will be found in the MACWIS file. Necessary items, such as documents requiring signature, correspondence, court orders, medical/psychological reports, and school records will be contained in the paper file.
Material related to a one-time only emergency expenditure of funds or unsubstantiated investigations that contain medical/psychological reports or any other correspondence including Clients Rights and Responsibilities will be filed in a single-pack case record folder.
A completed unsubstantiated investigation is located in the MACWIS system and shall not be printed and filed in a file folder unless requested for a case review, etc.
Left Side:
* Intake information such as medicals completed during the investigation or Initial Safety Plans should be filed from bottom to top in chronological order.
Right Side:
* Signed copies of all Rights and Responsibilities forms and Safety Checklist. All other forms should be filed from bottom to top in chronological order. Any other document or form pertinent to the individual case but not listed above should also be filed on the right side.
All material should be attached in a twin-pack folder (two (2) sections, four (4) sided file folder) and arranged or filed uniformly in the case record in the order described below:
Left Side: Legal Material/ Investigation
Material attached to the left side of the first section should be arranged as follows, from the bottom up, in chronological order (most recent documentation on top):
* Court orders
* Court social summaries
* Investigation Report
* Foster Care Review Reports
* Foster Care Review Invitations
* Copy of the signed Safety Plan
* Other legal documents
Right Side: Agency Forms
Material attached to the right side of the case folder, bottom up, in chronological order (most recent documentation on top), shall include:
* Comprehensive Family Assessment (CFA)
* Family Service Plans (FSP)
* Rights and Responsibilities
* Grievance Form
* Temporary Assistance for Needy Families (TANF) forms
The following forms and documents shall be filed from the bottom up, in chronological order (most recent documentation on top) shall include:
Left Side: Correspondence
* Family Team Meeting Letters
* Confidentiality form for Family Team Meetings
* Any correspondence regarding the family
Right Side: Miscellaneous
Material pertaining to the entire family unit should be attached in the case record on the right side of the second section in chronological order and as applicable to each case.
* Any certificates of completion
* Medical records
* Mental health records
* School records for children
Left side:
* Birth certificate
* Social Security card
* Medicaid/Insurance card
* Photographs
* Eligibility form
Right Side:
* Any necessary screen prints from MACWIS
* Comprehensive Family Assessment
* Family Service Plan
* Form MDHS-SS-459, Surrender of Parental Rights and Consent to Adoption to the Department of Human Services
* Form MDHS-SS-459A, Mother's Statement Naming Father of Child
* Form MDHS-SS-459B, Mother's Statement about Unknown Father
* A copy of the completed/signed TPR Checklist shall be filed in the case file.
Left Side:
* Foster Care Review Invitation Letters
* Foster Care Review Reports
* Court orders
* Court reviews
* Correspondence with the court/ other legal papers
* Referral for Termination of Parental Rights or Request to Accept Voluntary Consent to Adoption
* Court/ Social summaries
Right Side:
* MSDH 913, Medical and Social History
* MSDH 914 and 915, Affidavits of Disclosure
* Background information on natural parents of child to be released for adoption
* Notification letter to persons being named in the Central Registry as perpetrator
* Durable Legal Custody Agreement
Left Side:
* Child's medical record
* Obstetrical and newborn record
* Copies of all medical Information
* Psychological reports
* Dental records
Right Side:
* Application for SS/Disability
* Clients Rights and Responsibility (13 and younger)
* Clients Rights and Responsibility (14 and older)
Left Side:
* Interstate Compact on the Placement of Children (ICPC) Application Request to Place Child
* ICPC Summary
* ICPC- Prospective Family
* Any other ICPC correspondence
Right Side:
* School Records
* Consent/ Authorization forms
Left Side:
* Independent Living (IL) assessment (If applicable)
* IL progress report (If applicable)
* IL stipend request (If applicable)
* Transitional Living documents (If applicable)
Right Side:
* Miscellaneous documents/ other correspondence
When a resource inquiry is screened in and a home study created, an official resource family case file should be created. The original resource file will be kept in the possession of the Licensure ASWS, with a copy provided to the Licensure Specialist, if needed. The resource family case record should be filed in a twin pack folder.
If at any time additional documents are added to the resource family home study process or re-evaluation, these forms will be added to the application checklist and should be filed in the order of the checklist.
Left Side: Re-evaluation material should be attached to the left side of the folder and should be arranged in chronological order from top to bottom and should coincide with the order of the Resource License Re-Evaluation Checklist:
* Re-evaluation Checklist
* Home Environment Checklist
* Medical Update (Statement from physician only used in re-evaluation)
* Financial Statement and proof of income
* Verification of Pet Vaccination, if applicable
* Evacuation Plan, if changes are needed
* Disaster Preparedness Plan, if changes are needed
* MDHS Contract Form 457 (signed and dated)
* MDHS Affirmation of Corporal Punishment Form 457A (signed and dated)
* Confidentiality Agreement
* Family Resource Purchase Order Agreement
* Current Marriage, Divorce, and/or Death Certificates, if applicable
* Transportation Checklist with copy of auto insurance, driver's license and vehicle registration
* Criminal Background Checks
* Central Registry check results
* City Police background check results
* Sheriff's Department background check results
* Live Scan application, permission for background, fingerprints, and FBI results
* If the applicant had hits, a copy of the Justification Letter and approval from Regional Records Review Committee or Fingerprinting Unit
* In-Service Training Certificates or sign in sheets (Each parent must have 10 hours; 12 hours for Specialized homes)
* CPR Training or Certification Renewal Certificate (Certification is required if there is a swimming pool or body of water on the property)
* Re-evaluation Home study printed from MACWIS
* Resource Home Photos, if applicable
Annual re-evaluation documents should be filed in order of the re-evaluation checklist and separated by a tabbed divider labeled Re-evaluation/year.
Right Side Material attached to the right side of the folder should be arranged in chronological order from top to bottom except:
* License Certificates
* Corrective Action Plans
* ANE Investigations (if applicable)
* Notice of Actions
* In-Service Training Invitations
* Other Resource Parent Re-evaluation Correspondence
Left Side: Material attached to the left side of the folder should be arranged in chronological order, by section, from top to bottom:
* Correspondence between the resource family and the Resource Unit
* Invitations to Orientation and Pre-Service Trainings
* Waiver Requests, if applicable
* Expedited Resource Home Packet from COR Worker
Right Side Material attached to the right side of the folder should be arranged in chronological order, by section, from top to bottom and should coincide with the order of the Resource Application Checklist:
* Checklist
* Application
* Family Resource Form
* Directions to the home
* Color photo of family
* Home Environment Checklist
* Medical Form 4404
* Financial Statement and proof of income
* Personal references
* Employer references and Employer Validation
* Verification of Pet Vaccination, if applicable
* Evacuation Plan/Disaster Preparedness Plan
* MDHS Contract Form 457 (signed and dated)
* MDHS Affirmation of Corporal Punishment Form 457A (signed and dated)
* Confidentiality Agreement
* Resource Family Purchase Order Agreement
* Contingency plan, if applicable
* Current marriage, divorce, and or death certificates
* Transportation checklist with copy of auto insurance, driver's license, and vehicle registration
* Criminal Background Checks (tabbed and labeled)
* Central Registry check results
* City Policy background check results
* Sheriff's Department background check results
* Live Scan application, permission for background, fingerprints, and FBI results
* If the applicant had hits, a copy of the Justification Letter and approval from Regional Records Review Committee or Fingerprinting Unit
* Life stories
* MS PATH and Pre-Service Training Certificates or sign in sheets; including Blood-borne Pathogen, CPR/First Aid, Finance and Travel, and Car seat Safety
* CPR Certification, if applicable (Certification is required if there is a swimming pool or body of water on the property)
* Home study printed from MACWIS (tabbed and labeled)
* Resource Home Photos, if applicable
18 Miss. Code. R. 6-1-A-I-X