18 Miss. Code. R. 6-1-D-I
MISS. CODE ANN. § 43-15-5, states DFCS
"...shall have the authority and it shall be its duty to provide for the care of dependent and neglected children in [Resource Family] homes or in institutions, [and] supervise the care of such children..."
The primary objective and goal of Family Centered Practice is to protect and serve the best interests of the child by strengthening and preserving families so children can live safely at home with their parents or relatives.
The goal of foster care services is to take care of and provide for children who cannot remain with their parents, caretakers, or families in a manner which assures the safety, permanency, and well-being of each child in foster care for as long as it is necessary for such child to remain in foster care.
For more detailed information regarding any specific law from Mississippi Code, please go to http://www.michie.com/mississippi.
MISS. CODE, Ann. § 43-15-5, Administration of Child Welfare Services:
MISS. CODE ANN. § 43-15-3, entitled the "Powers and Duties of Department of Human Services?," authorizes, empowers, and directs DFCS to
...fully cooperate with the United States Children's Bureau and Secretary of Labor in establishing and strengthening child welfare services for the protection and care of the homeless, dependent and neglected child and children in danger of becoming delinquent. DFCS is further authorized empowered and directed to cooperate with the United States Children's Bureau and Secretary of Labor in developing plans for said child welfare services and extending any other cooperation necessary under § 521 of Public Law No. 271-74h Congress of the United States.
MISS. CODE ANN. § 37-13-91, outlines the compulsory school attendance requirements.
The MISS. CODE ANN. § 37-23-3 et seq. defines an exceptional child as it relates to the educational system and mandates individualized programs in schools for such children.
The MISS. CODE ANN. § 41-23-27, states the Mississippi State Department of Health's authority to "isolate, quarantine or otherwise confine, intern, and treat such person afflicted with such infectious sexually transmitted disease for such time and under such restrictions as may seem proper."
The MISS. CODE ANN. § 41-37-25, defines who may give consent for autopsies, specifically that "In the event that neither parent has legal custody of the minor, the guardian shall have the right to authorize an autopsy."
The MISS. CODE ANN. § 41-88-3, outlines the Mississippi State Department of Health's roles and responsibilities in ensuring the children receive proper and timely immunizations.
The MISS. CODE ANN. § 43-15-1 et seq., outlines all of the child welfare services and activities mandated by state law.
* Article 1 relates to the Administration of Child Welfare,
* Article 2 relates to Multidisciplinary Teams,
* Article 3 relates to the Licensing of Family Foster Homes, Child Caring Agencies and Child Placing Agencies,
* Article 5 relates to the Safe Baby Drop Off Law, and
* Article 7 relates to the Restrictions on Employment by or Operation of Child Care Facilities by Registered Sex Offenders.
The MISS. CODE ANN. § 43-21-1 et seq. outlines the laws for the Youth Court's Organization, Administration and Operation, jurisdiction, records, custody and detention, intake, informal proceedings, petitions, summons, adjudication, disposition, and appeals.
The MISS. CODE ANN. § 63-1-25, States that "any negligence or willful misconduct of a minor under the age of seventeen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor."
The MISS. CODE ANN. § 93-15-101 et seq. relates to the laws and procedures for the Termination of Rights of Unfit Parents.
The MISS. CODE ANN. § 97-5-1 et seq. outlines and defines crimes or offenses affecting children.
All custody issues and placements of children of Native American heritage shall be in compliance with the ICWA, ( P.L. 95-608) and the Indian Self-Determination and Educational Assistance Act, ( P.L. 93-638). These Acts ensure that the heritage of Indian children will be recognized, protected, and monitored in and out of state.
The ICWA provides for the Indian Tribal Council to have priority jurisdiction in the matter of custody and guardianship in the case of any child of Indian heritage. Workers shall resolve the issue of Indian heritage as soon as possible after contact is made with the family, either through a report of abuse/neglect or a referral for services.
The Worker shall ask the family the following questions to gain knowledge in deciding what is in the best interest of the child and document the discussion in the narrative section of the Mississippi Automated Child Welfare Information System (MACWIS):
The Mississippi Band of Choctaw Indians or any other Indian tribe to which the child belongs, has the right to accept or deny jurisdiction of the child and to help with placement resources. A tribal court may assume jurisdiction over any Native American child whether the child is living on or off a reservation at any time.
The tribe must be notified of any court hearings involving an Indian child. Notification will be provided immediately, by telephone and certified letter, to the tribe when a Choctaw child, or other Indian child, is taken into DFCS custody. If services are being provided by DFCS and the child holds membership in a tribe or is eligible for tribal membership the tribe may assume jurisdiction at any point in the service provision process, including the investigation process and foster care services.
The tribal lands of the Mississippi Band of Choctaw Indians are found in eight counties in Mississippi: Neshoba, Attala, Jones, Kemper, Leake, Newton, Scott and Winston.
Information about children who are determined to be members of a tribe other than Choctaw shall be provided to the District Worker, Bureau of Indian Affairs, Eastern Area Office, and Washington, D.C. If the tribe is unknown, DFCS shall contact the Mississippi Band of Choctaw Indians who is willing to help identify the child's tribe and refer appropriately.
(see http://www.neshoba.org/community/ms-band-choctaw-indians.php)
The Rehabilitation Act of 1973 ( P.L. 93-112) is the federal legislation that authorizes the formula grant programs of vocational rehabilitation, supported employment, independent living, and client assistance. It also authorizes a variety of training and service discretionary grants administered by the Rehabilitation Services Administration.
The Act authorizes research activities that are administered by the National Institute on Disability and Rehabilitation Research and the work of the National Council on Disability. The Act also includes a variety of provisions focused on rights, advocacy and protections for individuals with disabilities.
The Adoption Assistance and Child Welfare Act of 1980 ( P.L. 96-272) was initiated in response to the problem of Foster Care "Drift": the sense of impermanence in foster homes and concerns about children placed in multiple foster placements over an extended period of time. Significant parts of this law established that:
* Required states to make adoption assistance payments, which take into account the circumstances of the adopting parents and the child, to parents who adopt a child who is Aid to Families with Dependent Children (AFDC)-eligible and is a child with special needs.
* Defined a child with special needs as a child who:
* Cannot be returned to the parent's home;
* Has a special condition such that the child cannot be placed without providing assistance; and
* Has not been able to be placed without assistance.
* Required, as a condition of receiving federal foster care matching funds, that States make "reasonable efforts" to prevent removal of the child from the home, and return those who have been removed as soon as possible.
* Required participating states to establish reunification and preventive programs for all in foster care.
* The state must place a child in the least restrictive setting and, if the child will benefit, one that is close to the parent's home.
* Court or DFCS must review the status of a child in any non-permanent setting every 6 months to determine what is in the best interest of the child. Most emphasis is placed on returning the child home as soon as possible.
* Court or administrative body must determine the child's future status, whether it is a return to parents, adoption, or continued foster care, within 18 months after initial placement into foster care.
Abandoned Infants Assistance (AIA) authorizes the Secretary of Health and Human Services (the Secretary) to make grants to public and nonprofit private entities for demonstration projects to deal with the placement and permanency of infants in care, specifically those diagnosed with Acquired Immune Deficiency Syndrome (AIDS).
The Improving America's Schools Act (P.L. 103-382) contains the Multi-Ethnic Placement Act of 1994 (MEPA). An amendment to this Act is part of the Small Business Job Protection Act of (P.L. 104-188) and is known as the Interethnic Adoption Provisions Act of 1996 (IEP). MEPA-IEP prohibits agencies receiving Title IV-E foster care funds from
Deny[ing] any person the opportunity to be an adoptive or foster parent ... or delay[ing] or deny[ing] the placement of a child ... solely on the basis of race, color or national origin of the adoptive or foster parent or the child ...
(P.L. 103-382, § 553 a.1.A-B)
These factors must be applied on an individualized basis, not by general rule "in the best interest of the child."
Neither race, color, nor national origin (RCNO) of a child or prospective caregiver may be considered in the placement selection process for a foster child unless an individualized assessment reveals that such consideration is in the child's best interests. Culture may not be used as a proxy for RCNO. Placements may not be delayed or denied on the basis of RCNO of the child or the provider.
Title VI of the Civil Rights Act of 1965 ( P.L. 88-352) prohibits discrimination of any child, regarding type of placement resource, placement services, or other services based on race, color, creed, or national origin.
Adoption & Safe Families Act (ASFA) of 1997 (P.L. 105-89) focuses on the safety, permanency and well-being of children in foster care and establishes the framework for the current child welfare system. Significant parts of this law:
* Adds "safety of the child" to every step of the case plan and review process.
* Requires criminal record checks for foster/adoptive parents who receive federal funds on behalf of a child, unless a state opted out.
* Requires states to initiate court proceedings to free a child for adoption once that child had been waiting in foster care for at least 15 of the most recent 22 months, unless there is a documented ASFA exception.
* Allows children to be freed for adoption more quickly in extreme cases.
* Rewards states that increased adoptions with incentive funds.
* Requires states to use "reasonable efforts" to move eligible foster care children towards permanent placements.
* Promotes adoptions of all special needs children and ensured health coverage for adopted special needs children.
* Prohibits states from delaying/denying placements of children based on the geographic location of the prospective adoptive families.
* Requires states to document child-specific efforts to move children into adoptive homes.
* Requires that permanency hearings to be held no later than 12 months after entering foster care.
The Promoting Safe and Stable Families Amendments of 2001 (P.L. 107-133) amended title IV-B, subpart 2 of the Social Security Act. Significant parts of the law:
* Added findings to illustrate the need for programs addressing families at risk for abuse and neglect and those adopting children from foster care.
* Amended the definition of family preservation services to include infant safe haven programs.
* Added strengthening parental relationships and promoting healthy marriages to list of allowable activities.
* Added new focus to the research, evaluation and technical assistance activities.
* Allowed reallocation of unused funds in Title IV-B, subpart 2.
* Created a matching grant program to support mentoring networks for children of prisoners.
* Reauthorized funds for the Court Improvement Program.
* Authorized a voucher program as part of the John H. Chafee Foster Care Independence Program.
Individuals with Disabilities Education Act (IDEA) seeks to ensure services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities.
Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.
The Fostering Connections Act (P.L. 110-351) focuses on safety, permanency, and well-being by:
* Increasing opportunities for adoption and relative guardianship
* Improving critical education and health care services for children in foster care
* Better preparing older youth for adulthood by extending federal support for transition programs to age 21.
* Offering, for the first time ever, important federal protections and support for many American Indian children.
Reasonable and Prudent Parent Standard
The Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183 /H.R.4980) requires Title IV E state licensing authorities to permit the use of the "reasonable and prudent parenting standard". The purpose of this standard is to promote "normalcy" for a child who comes into the care and custody of DFCS.
Definitions when used in the context of the "reasonable and prudent parent standard" are as follows:
Reasonable and prudent parent standardis the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural and social activities.
Caregiver is a licensed Resource Parent(s), with whom a child in foster care has been placed or a designated official of a child-placing agency in which a child in foster care has been placed.
Age or Developmentally-Appropriate is defined as activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group.
* In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
Prospective and current Resource Parents shall be provided the necessary training in applying this standard.
A caregiver shall use a reasonable and prudent parent standard through the use of careful and thoughtful parental decision making. When a caretaker is determining whether to authorize a foster child who resides in their foster home to participate in normal childhood extracurricular, enrichment and social activities the following are requirements that shall be considered:
DFCS shall verify that private agencies providing out-of-home placement under contract with the division:
Caregivers shall ensure that the child has the safety equipment and any necessary permissions and training necessary to safely engage in each activity the child may participate in.
A caregiver is not liable for harm caused to a child in an out-of- home placement if the child participates in an activity approved by the caregiver, provided that the caregiver has acted in accordance with the consideration for decision making reasonable and prudent parent standard.
Permanency Planning is a systematic process of carrying out a set of plans and goal-directed activities within a time-limited period. These activities are designed to help children live in families that offer continuity of lifetime relationships. MISS. CODE ANN. § 43-15-13(8), states:
At the time of placement, consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide a permanent living arrangement for the child.
Concurrent Planning is working toward the permanency plan while at the same time establishing a backup plan, thereby implementing primary and alternate plans simultaneously.
For children with the goal of reunification, DFCS shall begin, within the first six months of the child's entry into care, to engage in concurrent planning.
According to federal law (45 CFR 1356.21(b)(4)), reasonable efforts to finalize an alternate permanency plan may be made concurrently with reasonable efforts to reunify the child and family. It also states that reasonable efforts to place a child for adoption or with a legal guardian including identifying appropriate in-state and out-of-state placements, may be made concurrently with reasonable efforts to reunify the child and family.
Concurrent planning is an approach designed primarily to facilitate timely permanency by having an alternate permanency plan in place ready for implementation in case the primary plan fails or falls through. Within the "Mississippi Family Centered Practice" approach concurrent planning involves the immediate and ongoing implementation of strategies. These strategies are designed to assure the healthy development of the child through an ongoing sense of continuity and connectedness during periods of legal impermanency.
Custody is the physical possession of a child by any person. It is considered to be the date a child entered into foster care.
Legal custody is the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education, and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian person.
Diligent Search is defined as "steady, earnest and persistent effort of Worker to locate a parent or perspective parent whose identification or location is unknown." See Section D, Method of Entry.
Family Centered Practice is working with families, both formally and informally, across service systems to enhance the families' capacity to care for and protect their children. It focuses on the needs and welfare of children within the context of their families and communities. Family Centered Practice recognizes the strengths of family relationships and builds on these strengths to achieve optimal outcomes. Family is defined broadly to include birth, blended, kinship, and foster and adoptive families.
Family Centered Practice includes a range of strategies, including:
* Advocating for improved conditions for families;
* Supporting the families;
* Stabilizing those in crisis;
* Reunifying those who are separated;
* Strengthening families; and
* Connecting families to the resources that will sustain them in the future.
A Family Team Meeting (FTM) is a planned, structured, facilitated decision making process to which members of the family both formal/informal, are invited along with required DFCS staff and any other support system identified by the family and DFCS. The key to a successful FTM is the engaging and bringing together of those individuals, both formal and informal, who are a part of the family's support system. FTMs allow for the gathering of information critical to the assessment process, to the development of the case plan, monitoring of the case plan and involvement of the family and other pertinent individuals in key decision making.
At all times a FTM should be a family led, youth guided and agency supported process. The primary focus must always be the safety and well-being of the children and youth. As a philosophy, it reflects the belief that families can solve their own problems most of the time if they are provided the opportunity and support. No one knows a family's strengths, needs and challenges better than the family. The family team decision making approach is also a practice in that it describes the basic method by and through which DFCS seeks to serve children/youth and families. A child welfare supervisor's participation in a FTM is an opportunity to assess the Worker's use of Family Centered Practice principles. The Family Centered Practice Principal encompasses the following components:
* A clear but open-ended purpose;
* An opportunity for the family and child to be involved in decision-making and planning;
* Options for the family to consider and decisions for the family to make;
* The family's involvement in the development of specific safety or permanency plans and in the development of services and supports;
* Engagement;
* Relationship building;
* Problem solving; and
* The outcome of the meeting will be reflected in the development of a case plan with tasks and goals.
Fictive Kin is a term used to refer to individuals who are unrelated by birth, marriage, or adoption but who have an emotionally significant relationship with another individual that would take on the characteristics of a family relationship.
A F oster Child is any child receiving Placement Services whose legal custody and responsibility of planning have been placed with DFCS through court order, voluntary parental consent for placement, or released for adoption. The child is classified as a foster child as long as legal custody of said child remains with DFCS.
Legal Father includes the father named on the child's birth certificate, the man to whom the mother was married at the time of conception and/or the man to whom the mother was married at the time of birth. Also, the man who has legally adopted the child is a legal father.
This presumption can be rebutted by proof beyond a reasonable doubt that the child was fathered by another. Otherwise, the "legal father" is:
A child may have a legal father and putative father(s). A child may have more than one named legal father and/or putative father.
All fathers, legal and putative, shall be informed that the child is in foster care. All the fathers, legal and putative, shall be included in all planning for the child, including case plans and placement. They shall be invited to the Foster Care Review (FCR) meetings.
Parent refers to the mother or father to whom the child was born, or the mother or father by whom the child has been legally adopted. The definition of parent can also include putative father(s) or primary caretakers from whom a child was removed. The precepts of Family Centered Practice and of Concurrent Planning dictate that the Worker shall make diligent efforts to ascertain the identity of all parents of a child who enters custody of the DFCS.
If any parent has voluntarily released the child for adoption, or has had his/her parental rights terminated, then he/she is no longer a necessary party to any action taken as to the child.
A Sibling is a child's brother or sister related by blood or marriage including whole or half-blood and step-siblings. Siblings include those who are considered a sibling under state/tribal law, and those who would have been considered a sibling under state/tribal law, except for termination or disruption of parental rights.
Placement Services is a child welfare service provided for children placed in the custody of DFCS as a result of a judicial determination or written request of the legal guardian. The child shall be provided care in a foster home/relative home/group home or facility which gives special consideration to the child's health, safety and well-being, and also gives priority to placement of a child with a relative or in the most suitable and least restrictive setting for a planned period of time, during which targeted case management and other treatment services shall be provided to the child's parents/relatives.
A Putative Father is an individual who is alleged to be the father of a child, but is not identified on the child's birth certificate.
A Primary Caretaker is defined as an individual who provided care of a child the majority of the time prior to child's removal from their home.
A Relative Caretaker is a relative who provides care to a child and who is considered to be in a caretaking role for the child.
A Relative Caretaker may be an individual who is not legally or biologically related to a child but who is considered a relative due to a close and ongoing relationship with the child and family.
18 Miss. Code. R. 6-1-D-I