18 Miss. Code. R. 6-1-D-III
A child becomes a foster child when the county or DFCS receives custody of the child. This is accomplished through the following means: Court Orders, Parental Request for Placement (a/k/a "Voluntary Placement"), Voluntary Consent for Adoption; or "Safe Babies" and Child In Need of Supervision (CHINS), which are detailed below.
The Youth Court, Family Court, or Chancery Court may grant custody to the county where the child resides. A child becomes a foster child when custody is obtained by a written emergency, temporary or verbal order.
The initial court order placing a child in the custody of shall contain the following components:
A voluntary placement agreement entered into by the child's parent or legal guardian, who is the relative referred to in paragraph (1) of section 472(a) of the Act; or
A judicial determination to the effect that continuation of residence in the home from which removed would be contrary to the welfare, or that the placement would be in the best interest, of the child and that reasonable efforts of the type described in section 471(a)(15) for a child were made. The contrary to the welfare determination will be made in the first court ruling that sanctions (even temporarily) the removal of a child from home. If the determination regarding contrary to the welfare is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for title IV-E foster care maintenance payments for the duration of that stay in foster care.
When the County is given custody of a child, the court order shall include "in the custody of the county Department of Human Services, Division of Family and Children's Services".
Reasonable Efforts as the term relates to the components of a court order is a judicial finding, written into the court order, finding that reasonable efforts were provided to prevent removal of the child from his home or due to an emergency reasonable efforts were not possible, and there is no reasonable alternative to custody or reasonable efforts are being provided to reunite the child with his family and the projected date of reunification.
The court order shall indicate the child's removal from his home was necessary, in that continuation in the home would be contrary to his welfare, health, safety or well-being. If the custody received is an emergency or temporary order, the Worker shall subsequently follow the appropriate procedure to request a Shelter Hearing.
The "contrary to the welfare" determination must be made in the first court ruling that sanctions (even temporarily) the removal of a child from the home. If the determination regarding "contrary to the welfare" is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for Title IV-E foster care maintenance payments for the duration of the stay in foster care. (472(a) (2) (A); 1356.21(c)). The judicial determinations in which "contrary to welfare," "reasonable efforts to prevent removal," and "reasonable efforts to finalize" are not required shall be explicitly documented and made on a case-by-case basis and also stated in the court order.
Reasonable efforts shall be defined as "services provided to a family to prevent or eliminate the need for removal of the child from his/her home, unless the removal is of an emergency nature, or services provided to reunify the child safely with his/her family after placement of the child into DFCS custody."
The efforts to prevent placement or reasons why these efforts could not be made shall be documented in the child's case plan. Title IV-E mandates that a judicial determination be made and documented by a court order in emergency, temporary, adjudicatory and permanency (dispositions)/review hearings stating that reasonable efforts were not possible. A judicial determination must be made no later than sixty (60) calendar days from the date that the child is removed from the home as to whether reasonable efforts were made or were not required to prevent removal.
When a court determines that reasonable efforts to return the child home are not required, a permanency hearing is held within thirty (30) calendar days of that determination, unless the requirements of the permanency hearing are fulfilled at the hearing in which the court determines that reasonable efforts to unify the child and family are not required.
Title IV-E further mandates that in making such reasonable efforts, the child's health and safety shall be the paramount concern and if reasonable efforts to prevent the child's removal, or to reunify the child, are inconsistent with the permanency plan for the child, then (reasonable efforts) shall be made to place the child, in a timely manner, in accordance with the permanency plan including, if appropriate, interstate placements. All steps necessary to finalize the permanent placement of the child must be completed in a timely manner.
Title IV-E notes that reasonable efforts to prevent the child's removal or to reunify, shall not be required with respect to a parent of a child, if a court of competent jurisdiction has determined that:
* The parent has subjected the child to aggravated circumstances which may include but are not limited to, abandonment, torture, chronic abuse, and/or sexual abuse;
Or that the parent has:
* Committed murder of another child (of the parent)
* Committed voluntary manslaughter of another child (of the parent)
* Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or;
* Committed a felony assault that results in serious bodily injury to the child or another child (of the parent) or
* The parental rights of the parent to a sibling have been terminated involuntarily.
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 of reunify the child and family. Social Security Act Sec. 471(a)(15)(f))
A parent or legal guardian may voluntarily request DFCS to place the child in foster care. The request for placement shall be accepted only when other resources are not available, and only in truly voluntary placements such as may be necessitated, for example, by illness or hospitalization of a parent. It is not to be used in situations where child abuse, neglect or exploitation exists. (see Appendix A)
Form MDHS-SS-456, "Contract for Foster Care," is the contractual agreement between DFCS and the child's parent, guardian, or caretaker who is requesting the placement of the child into foster care. Both parents are required to sign the contract for voluntary placement unless a parent is deceased or parental rights have been terminated. The Contract for Foster Care is valid for 180 calendar days. (Form MDHS SS-456, Appendix B)
MISS. CODE ANN. § 43-15-13, requires that if the parent is unwilling or unable to care for the child, priority should be given to the relatives for placement of the child. DFCS is given authority in this statute to waive any rule or regulation for a separate bed or bedroom or have a bedroom of a certain size, if placing the child in a relative's home would be in the best interest of the child and those requirements cannot be met in the relative's home.
One or both parents may surrender parental rights and consent for to make adoptive plans for the child by signing Form DHS-SS-459 (see Appendix C), "Surrender of Parental Rights and Consent to Adoption." Note: This option requires consent of the ASWS in the COR and authorization from the State Office Adoption Unit. The Worker shall also provide the parent(s) with forms 913, 914, and 915 to be completed at that time. The COR Worker shall explore with the parents any possible relatives and unknown fathers, if applicable. (See Section G for instructions).
If the voluntary surrender is obtained from one or both parents, the Regional Resource Unit will coordinate placement planning with the COR. (Refer to Section G for more information.)
According to MISS. CODE ANN. § 43-15-201 thru 209, a parent may surrender a child who is 72 hours old or younger to a licensed hospital which operates an emergency department or an adoption agency licensed by the Department of Human Services.
The parent may do so free from prosecution if the child is surrendered unharmed.
DFCS should be notified by the close of the first business day after the date on which the child was surrendered and should assume care, control and custody of the child immediately upon receipt of notice, DFCS will be responsible for all medical and other costs associated with the child and will reimburse the hospital for costs associated with caring for the child.
When working with a safe baby, the Worker is responsible for:
The Regional Resource Unit will coordinate placement planning with the COR. (Refer to DFCS Policy, Section G for more information)
A Child In Need of Supervision (CHINS) is a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
* Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
* While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself there from; or
* Runs away from home without good cause; or has committed delinquent act or acts. (MISS. CODE ANN. § 43-21-105(k))
18 Miss. Code. R. 6-1-D-III