18 Miss. Code. R. 6-1-A-II-XIV
Workers must also recognize inherent Rights of Children and Youth in Foster Care from the child's or youth's perspective:
* To good care and treatment that meets my needs in the least restrictive setting available. This means I have the right to live in a safe, healthy, and comfortable place. And I am protected from harm, treated with respect, and have some privacy for personal needs.
* To know
* Why am I in foster care?
* What will happen to me?
* What is happening to my family (including brothers and sisters) and how DFCS is planning for my future?
* To speak and be spoken to in my own language when possible. This includes Braille if I am blind or sign language if I am deaf If my foster parents do not know my language, DFCS will give me a plan to meet my needs to communicate.
* To be free from abuse, neglect and exploitation.
* To fair treatment, whatever my gender, gender identity, race, ethnicity, religion, national origin, disability, medical problems, or sexual orientation.
* To not receive any harsh, cruel, unusual, unnecessary, demeaning, or humiliating punishment. This includes not being shaken, hit, spanked, or threatened, forced to do unproductive work, be denied food, sleep, access to a bathroom, mail, or family visits as punishment. I will not receive remarks that make fun of me or my family or any threats of losing my placement or shelter.
* To be disciplined in a manner that is appropriate to how mature I am, my developmental level, and my medical condition. I must be told why I was disciplined. Discipline does not include the use of restraint, seclusion, corporal punishment or threat of corporal punishment.
* To attend my choice of community, school, and religious services and activities to the extent that it is right for me, as planned for and discussed by my caregiver and worker, and based on my caregiver's ability.
* To go to school and receive an education that fits my age and individual needs.
* To be trained in personal care, hygiene, and grooming.
* To have comfortable clothing similar to clothing worn by other children in my community.
* To have clothing that does a good job of protecting me against natural elements such as rain, snow, wind, cold, sun, and insects.
* To have personal possessions at my home and to get additional things within reasonable limits, as planned for and discussed by my caregiver and worker, and based on caregiver's ability.
* To personal space in my bedroom to store my clothes and belongings.
* To healthy foods in healthy portions proper for my age and activity level.
* To good quality medical, dental, and vision care, developmental and mental health services that are at least adequate enough for my needs.
* To be free from unnecessary or too much medication.
* To visit and have regular contact with my family, including my brothers and sisters (unless a court order or case plan doesn't allow it) and to have my worker explain any restrictions to me and write them in my record.
* To contact my worker, attorneys, Guardians A d Litem, probation officer, CASA at any time. I can communicate with my worker, CASA, attorney or Guardians Ad Litem without limits.
* To see my worker at least monthly and in private if necessary.
* To actively participate in creating my plan for my services and permanent living arrangement, and in meetings where my medical services are reviewed, as appropriate. To be given a copy or summary of my plan and to review. I have the right to ask someone to act on my behalf or to support me in my participation.
* To go to my court hearing and speak to the judge.
* To speak to the judge at a court hearing that affects where I have been placed including status hearings, permanency hearings, or placement review hearings.
* To expect that my records and personal information will be kept private and will be discussed only when it is about my care.
* To have visitors, to keep a personal journal, to send and receive unopened mail, and to make and receive private phone calls unless appropriate professionals or a court says that restrictions are necessary for my best interests.
* To get paid for any work done, except for routine chores or work assigned as fair and/or reasonable discipline.
* To give my permission in writing before taking part in any publicity or fund raising activity for where I am placed or the DFCS, including the use of my photograph.
* To not be forced to make public statements showing my gratitude to the foster home or DFCS.
* To receive, refuse, or request treatment for physical, emotional, mental health, or chemical dependency needs separately from adults (other than young adults) who are receiving services.
* To call the Abuse/Neglect Hotline at 1-800-222-8000 to report abuse, neglect, exploitation or violation of personal rights without fear of punishment, interference, coercion, or retaliation.
* To call the Abuse/Neglect Hotline at 1-800-222-8000 to report abuse, neglect, exploitation, or violation of personal rights without fear of punishment, interference, coercion, or retaliation.
* To be free from threats of punishment for making complaints and have the right to make an anonymous complaint if I choose.
* To not get pressured to get an abortion, give up my child for adoption, or to parent my child, if applicable.
* To hire independent mental health professionals, medical professionals, and attorneys at my own expense.
* To understand and have a copy of the rights of children and youth in foster care.
* To attend Independent Living (IL) classes and activities as appropriate to my case plan.
* To a comprehensive transition plan that includes planning for my career and help to enroll in an educational or vocational job training program.
* To be told about educational opportunities when I leave care.
* To get help in obtaining an independent residence when aging out.
* To one or more transition planning meetings.
* To take part in youth leadership development opportunities.
* To consent to all or some of my medical care as authorized by the court and based on my maturity level. For example, if the court authorizes, I may give consent:
* to diagnose and treat an infectious, contagious, or communicable disease
* to examine and treat drug addiction for counseling related to preventing suicide, drug addiction, or sexual, physical, or emotional abuse for hospital, medical, or surgical treatment (other than abortion) related to the pregnancy if I am unmarried and pregnant
* If I consent to any medical care on my own, without the court or DFCS involved, then I am legally responsible for paying for my own medical care.
* To request a hearing from a court to determine if I have the capacity to consent to medical care.
* To help with getting my driver's license, social security number, birth certificate, and state ID card.
* To seek proper employment, keep my own money, and have my own bank account in my own name, depending on my case plan and age or level of maturity.
* To get necessary personal information within 30 days of leaving care, including my birth certificate, immunization records, and information contained in my education portfolio and health passport.
* Have lifelong family connections, including siblings, grandparents and extended family.
* Youth have a right to visitation, ongoing contact with and/or knowledge of their parents, siblings, extended family, friends, and pets.
* Youth have a right to have a Life Book that is started when they enter care.
* A pregnant or parenting youth has a right to raise and make decisions for their children, as any other citizen does.
* Live with, be loved by and cared for by those they consider family.
* Youth have the right to permanency.
* Youth have the right to be placed in their home communities, live in a safe environment and have pre-placement visits.
* Youth have the right to live with their siblings.
* Youth have the right to keep their personal belongings with them and to expect age appropriate privacy.
* Be who they are.
* Youth have the right to their own identity, values, freedom to express their emotions, hopes, plans and goals, religion/spirituality.
* Youth have the right to learn about their sexuality in a safe and supportive environment.
* Youth have the right to privacy in relation to their personal journal/diary, litters, emails, telephone calls and other personal belongings, except in cases where there is just cause in supervising the youth to prevent self-harm or harm to other individuals.
* Youth have the most basic right to receive care and services that are free of discrimination based on race, color, national origin, ancestry, gender, gender identity and gender expression, religion, sexual orientation, physical and mental disability, and the fact that they're in foster care.
* Be included in their case planning with a team of people that advocates with them and for them.
* Youth have a right to have meaningful participation in their Family Team Meetings, treatment team meetings, court, and school meetings.
* Youth have a right to have family members or other supportive people of their choice present at their team meetings.
* Youth have a right to have monthly contact with their DFCS worker and have their phone calls returned.
* Youth should have access resources and be able to seek information about resources.
* Youth have a right to access their case records and expect accuracy in what is recorded in their case record.
* Have an informed choice in the types of physical, dental and mental health care they receive.
* Youth have the right to have a choice and options when a treatment provider is being assigned to them.
* Youth have a right to see and understand their treatment plans, be informed about and have a say in treatment decisions being made.
* Youth have a right to be informed about medications, medication options, and have a voice in decisions about prescription of medication.
* Youth have a right to not be overmedicated, to not be punished for refusal to take medications, and to be made aware of the possible risks that come from refusing to take medication.
* Youth should be able to have visitation with people that are important to them while receiving treatment.
* Youth should be able to receive care and services that are fair, respectful, safe, confidential and free from discrimination.
* Youth have a right to access their medical records.
* Have a qualified advocate (e.g., GAL, surrogate parent, mental health advocate, attorney, etc.) representing them and helping the youth advocate for themselves.
* Youth have a right to know their rights.
* Youth have a right to attend court and speak with the judge overseeing their case.
* Youth have a right to request a change in their GAL.
* Participate in and receive a high quality education, including ability to participate in extracurricular activities.
* Youth have a right to an education, equal to what anyone in Mississippi deserves.
* Youth have a right to receive blanket consent for participation in school activities.
* Youth have a right to participate in activities that all youth enjoy, and not be restricted from these activities simply because of their status in foster care or their particular type of placement.
* Receive the skills, knowledge and resources needed to be a successful adult after they transition from foster care.
* Youth in care have the right to a transition plan and process when they leave DFCS care.
* Youth have a right to obtain identification and personal records, including their social security card and birth certificate.
* Youth have a right to continue relationships when they exit care with individuals who have helped them while in care.
* Youth have a right to expect and receive help in reconnecting with their birth family.
* Youth have a right to learn about how to enter into DFCS extended care agreement prior to their 18th birthday.
* In this Transition Process, youth have a right to give evaluative comments about the services they have received to a neutral person.
DFCS must accommodate the written and oral communication needs of clients by:
DFCS must create documents that consider the literacy level of clients, and any document such as the Family Service Plan must be created with the literacy level of the client in mind. Client Rights are available in Spanish. See MDHS AP-36 regarding Provision of Services to Individuals with Limited English Proficiency and See Interpreter Services.
Workers must go over all documents with clients to ensure that they understand them fully before expecting adherence to the requirements or requesting the client's signature. If a client is unable to make decisions, or has difficulty making decisions on his or her own, a family member or other support person must be present in meetings and/or be offered legal representation by the youth court for hearings. Workers have access to the Statewide Relay Services line, also known as TTY which offers services to translate for the hearing and vision impaired.
TRS Provider - AT&T
Address: P O Box 811, Jackson, MS 39205
Customer Service #'s: 800-557-7755(V/T) and 601-371-8020(V/T)
Access #'s: 1-800-582-2233 (V/T)
1-800-229-5746 (STS English)
1-866-260-9470 (STS Spanish)
Another toll free service,*211, is offered by the United Way and can assist workers and clients with finding any needed services in the area.
18 Miss. Code. R. 6-1-A-II-XIV