18 Miss. Code. R. 6-1-D-II
All information obtained while working with families and children is confidential and should be disclosed by consent from a client or a person legally authorized to consent on behalf of the client or by court order. The exceptions to this law are noted in MISS. CODE ANN. §§ 43-21-257, 43-21-259, and 43-21-261.
DFCS workers shall compile, maintain, and keep current complete child welfare case records. All records involving children and the contents thereof are confidential and shall not be released except as authorized by state statute, federal regulations, court direction, and DFCS policy regarding disclosure of information. An order of Limited Disclosure must be issued by a court of competent jurisdiction prior to the release of any information (MISS. CODE ANN. § 43-21-261).
The release of child-specific information should be limited to individuals, agencies, and organizations which demonstrate a "need and right to know" for the purpose of providing ongoing services to the child. These individuals, agencies, and organizations include:
* Placement Resources
* Educational providers
* Medical/Dental providers
* Mental Health providers
It is important to note that any person or entity provided access to child-specific information under this policy shall be required to maintain the information in accordance with state and federal laws and regulations regarding confidentiality.
DFCS workers shall maintain, in the appropriate case file, a current photograph of each foster child. Along with current photograph, a photo or written description of all distinguishing marks, tattoos or "any" other body modification shall also be maintained in their case file. Photos shall not be taken of child/youth's private areas by DFCS staff
Current photographs of foster children may be released to law enforcement officials, the county or district attorney, the court and the National Center for Missing and Exploited Children (NCMEC) in order to protect the child from abuse, neglect or other harm.
All photographs including videos, media presentations, and publications of foster children are covered under the confidentiality laws (MISS. CODE ANN. §§ 43-21-261 and 43-15-21).
* A foster child's face may not be shown, unless there has been a termination of the child's parent's rights (TPR).
* A general group setting is permissible, if all of the children's parent's rights have been terminated.
* A child may not be identified as a foster child, unless the situation involves a recognition or honor of the child, then only with the approval of the DFCS Worker, the Worker's Area Social Worker Supervisor (ASWS), the natural parents if TPR has not been achieved and the Guardian AD Litem (GAL).
* A general group setting is permissible, if all of the children's parent's rights have been terminated.
* A foster child may not be interviewed nor any photographs of him/her published in the DFCS annual report, or any document or publication which would be used as a marketing tool.
* If the Worker agrees that the interview is in the best interest of the child, foster children, 14 years and older, may be interviewed with the written consent of the DFCS County of Responsibility (COR) Worker and ASWS, the birth parents (if TPR has not been achieved) and the GAL.
* The interview must be coordinated with the DFCS Worker and one of the following people must be present during the interview: the Worker, Resource Parent(s), a representative of the private agency if applicable, and the GAL.
18 Miss. Code. R. 6-1-D-II