18 Miss. Code. R. 6-1-D-V
Multi-Ethnic Placement Act (MEPA) provides that race, color or national origin (NCRO) will not be considered in making adoptive and/or foster care placement decisions.
Upon a child entering custody, DFCS shall engage in a thorough screening of the child and an individualized, strengths-based, family focused, and culturally responsive assessment of the family, with the family's participation. Information gathered during the screening and assessment shall consist of:
Internal, external, and historical factors that may contribute to concerns identified in initial risk and safety assessments and initial screenings:
The screening and assessment is used to determine an appropriate placement, the provision of needed services, and permanency planning. The initial assessment process shall be completed within thirty (30) calendar days of the child's entrance into custody and documented in the child's case record in MACWIS. The assessment of the child and family continues throughout the life of the case.
The following information is needed on all children entering DFCS custody, and should be obtained from the family, extended family, and formal/informal supports. This information may be obtained through face to face contact, telephone, written reports, or FTM. Examples of information to be gathered include:
* Identifying Information: name, date of birth, race, birthplace, physical description of child
* Culture: child's religion, cultural background, language(s) the child speaks or understands, cultural traditions, values and beliefs which are important to the child
* Daily Routine: describe child's daily routine, child's favorite books, toys, games, food, possessions, hobbies, interests, Special pet child has had
* Family Information: Parents' and siblings' birth dates, ethnicity and current contact information - photographs, if available, extended family members with whom the child has an interest in having ongoing contact or who may be available for placement resources or support of child.
* Medical History: All significant medical information of the child including birth history and immunizations record, allergies, any physical conditions requiring ongoing attention, any known family illnesses or history of disease, child's level of eyesight, hearing, all injuries with dates, treatment and long-term impact
* Development: Any developmental delays or reactions to stress
* Academic Functioning: Child's level of scholastic achievement in each grade. Has special education ever been recommended? If so, has it been provided? What is the reason for special education?
* Current School Placement: Name of child's school, grade, teacher. Is a school social worker involved with child? Child's academic interests, child's most recent report card grades.
* Relationships: Significant adults in child's life, any adults whom the child considers as a "psychological parent" ? How does child relate to authority figures, such as teachers, counselors, therapists, etc.?
* Emotional Functioning: What are child's relationships with adults and peers? Child's existing attachments, does child play appropriately with children of the same age? Does the child act out behaviorally? What is the acting out behavior? Is there a history of lying, stealing, fire setting or any destructive behaviors? If so, what has been done to address these behaviors? Has the child been in therapy? If so, when and where? Who is the therapist, and what are the findings and recommendations? What is child's level of emotional functioning?
In instances in which it is impossible to meet with one or both parents, the assessment process will proceed as described above, notwithstanding the parent(s) absence.
When the whereabouts of one or both parent(s) is unknown, a diligent search shall commence immediately. (see Section D, Diligent Search)
While locating the most appropriate placement for a child or sibling group may be difficult, the child/ren must receive full consideration while the Worker attempts to locate placement.
When children are taken to a DFCS office setting or another non-residential facility that provides intake functions, no child shall spend more than 12 hours at a time in such offices. The child should be placed in the least restrictive setting that meets his/her individual needs, as determined by a review of all intake, screening, assessment and prior placement information available at the time of placement.
Section 475(5)(A) [ 42 U.S.C.675 ] ?least restrictive (most family-like) and most appropriate setting available and in close proximity to the home of the parent(s), when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child.
In order of consideration, this means placement with:
Some children's needs are such that a group home care setting is more appropriate. Children with special needs shall be matched with placement resources that can meet their therapeutic, medical and educational needs. DFCS shall ensure that each county office has access to placement specialists within its region having the ability to ascertain the placement resources available and their suitability for each particular child needing placement. The Worker must consider if the program of the licensed child caring agency will be appropriate for the individual child's needs while considering proximity to county of origin and siblings and/or maintaining a teen parent with child.
No child younger than 10 years of age shall be placed in a congregate care setting (including group homes and shelters) unless the child has exceptional needs that cannot be met in a relative or Resource Family Home or the child is a member of a sibling group and the RD has granted express written approval for the congregate care placing.
Approval must be based upon the RD's written determination that the child's needs cannot be met in a less restrictive setting and can be met in that specific facility. The RD must also include a description of the services available through the facility to address the individual child's needs and will be documented in MACWIS. The COR ASWS must also document the receipt of the RD's approval for such placements in the placement approval box located in MACWIS.
Sibling groups having siblings under the age of 10 shall not be placed in congregate care settings for more than forty-five (45) calendar days.
No child shall be placed in more than one emergency placement within one custody episode, unless an immediate placement move is necessary to protect the safety of the child or of others.
If these circumstances are present, the RD must provide detailed documentation of the circumstances in MACWIS. ASWSs shall document receipt of approval from the RD for multiple emergency shelter placements prior to approval in MACWIS.
MISS. CODE ANN. § 43-15-13(8)(h), as amended, authorizes DFCS to determine appropriateness of the placement of siblings.
Siblings who enter placement at or near the same time shall be placed together unless:
* Doing so would be harmful to one or more of the siblings;
* One of the siblings has exceptional needs that can be met only in a specialized program or facility;
* The size of the sibling group makes such placement impractical notwithstanding diligent efforts to place the group together.
If a sibling group is separated at initial placement, the Worker shall make immediate efforts to locate or recruit a family in whose home the siblings can be reunited. These efforts shall be documented and maintained in the case file.
If siblings are placed together, the Worker must select the "Yes" box on the Placement screen in MACWIS. If "No" is selected that indicates siblings are separated. The Worker must choose the appropriate justification from the list on the drop down box on the same screen. The Worker's ASWS and the RD must approve any "No" selection. Prior approval must be received from the ASWS and RD before siblings are placed separately.
If a child must be placed away from the parents or guardian, Section 475(5)(A) or 42 U.S.C.675, mandates that any child who is removed from their parent's or guardian's home should be placed in close proximity to the parent's home, consistent with the best interest and special needs of the child.
Each child shall be placed within his/her own county or within 50 miles of the home from which he/she was removed. This provision shall not apply if;
* The child's needs are so exceptional that they cannot be met by a family or facility within his/her own county or within 50 miles of the home from which he/she was removed;
* The child is placed through the ICPC consistent with its terms;
* The child is appropriately placed with relatives or another planned permanent resource;
* The child is ordered to be placed in a child specific foster care setting by a court; or
* The child is placed in an adoptive home.
The Worker will select "Yes" on the appropriate Placement screen in MACWIS if the child is within a fifty-mile radius of original home. If the answer is "No", the Worker will choose the appropriate justification from the list in the drop down box on the same screen. The Worker's ASWS and RD must approve any "No" selections.
Prior approval must be received from the ASWS and RD before placement is made.
When considering placements out-of-state, please refer to Section H (ICPC) of DFCS policy manual.
When a teen in custody has a child and does not wish to be separated from her child, the two should be placed together. The child of the teen does not have to be placed in DFCS custody.
Approval from the ASWS and RD is required prior to the separation of teen parent from her child.
The MEPA of 1994 ( P.L. 103-382 ) and amended in 1996 ( P.L. 104-188 ) prohibits denying or delaying an individual or couple the opportunity to be an adoptive or Resource Parent or delaying or denying placement of a child on the basis of race, color or national origin (RCNO) of the prospective Resource Parent or child. These factors must be applied on an individualized basis, not by general rule "in the best interest of the child."
Many factors must be considered on the selection of the prospective Resource Home for the child. The Worker and ASWS should use professional judgment in selecting the home which best meets the needs of a child and which could accept the particular child
Among the child related factors to be considered are:
* The child's current functioning and behaviors;
* The medical, educational and developmental needs of the child;
* The child's history and past experience;
* The child's cultural needs;
* The child's age and level of care needed;
* The child's interests and talents; and
* The child's attachments to current caretakers.
Among the factors to be considered in assessing a prospective Resource Family's suitability to care for a particular child are the Family's ability to:
* Accept and help the child understand his/her permanent plan;
* Work with the child's parents or caretakers towards the permanent plan;
* Form relationships with the specific child;
* Help the child integrate into the family;
* Accept the child's background and help the child cope with her or his past;
* Accept the behavior and personality of the specific child;
* Validate the child's cultural background; and
* Meet the child's particular educational, developmental or psychological needs.
A Relative Resource Home is a Resource Home in which the Resource Parents are relative caretakers to the foster child. (see definition of relative caretaker)
The Relative Resource Parents are related (within the fifth degree of kinship to the child) to the foster child. Relative placements are given priority over unrelated family settings. Support is provided to the child to maintain connections with relatives while in placement through visiting and/or other forms of contact.
* Child must be in custody of DFCS
* Child must be related to the relative (within the fifth degree of kinship)
* Contact the COR ASWS for approval
* Contact the COR/County of Supervisor (COS) Resource ASWS regarding expedited licensure options.
* Contact the COR Resource Specialist regarding placement and assistance.
* Provide identifying Information to the Relative Resource by using the "Foster Child Information Form". (see Appendix F)
The Safety Checklist (see Section B, Appendix F) shall be completed by the Worker when the Worker visits the home prior to any placement to determine the appropriateness of the relative placement.
After completing the background check and Safety Checklist, a face-to-face contact by the children's Worker must be made within 24 hours of placement to assure the child's continued safety within the placement. The narrative shall be documented in MACWIS within 5 working days. (see Appendix G)
In order for a child to be placed with a relative, on an emergency basis, an expedited home study must be completed within thirty (30) calendar days of the child's placement into the home.
After obtaining the approval of the ASWS for the emergency relative placement, the Worker must contact the Youth Court Judge and request a written order for DFCS' plan for relative placement.
All foster care settings, including relative placements, shall be screened prior to the initial placement of foster children to ensure that children receive safe, sufficient, and appropriate care. Additional screens shall be completed at least once annually thereafter and within two weeks of a reported change in the residents of a resource home. Screens shall include criminal and child welfare background checks of all household members who are at least fourteen (14) years old. No foster child shall be placed in a home prior to DFCS receipt of the background check results.
DFCS shall maintain an expedited process for licensing screened relative caregivers and court ordered non-relative placements to enable a child to be placed quickly with relatives/court ordered non-relatives upon entering foster care. The licensing process for relatives shall take place in two steps:
DFCS may waive non-safety licensing requirements for relative foster placements in individual cases, in accordance with federal regulations. All relative placements approved for expedited placement shall undergo the full licensing procedure within 90 calendar days of the child's placement in the home.
Expedited relative and court ordered ''non-relative'' placements shall be entered as Resource Inquiries and assigned for home study completion.
The home study must be completed in MACWIS within thirty (30) calendar days of being assigned to a Resource Specialist.
Any barriers to licensure and all efforts to get the home licensed must be documented. If the home remains unlicensed after forty-five (45) calendar days of the child's placement in the home and it appears that the home will not become licensed within ninety (90) calendar days of the child's placement, the assigned Resource Specialist shall staff the case with his/her Resource Supervisor, the COR Worker, the COR Supervisor and the COS Worker to discuss barriers, solutions, other placement options, and to agree on a recommendation to the court regarding placement.
The COR Worker shall notify the court of DFCS' recommendation. This must be done even if it is a court-ordered placement. The COR Worker shall notify the Resource Specialist or Resource Supervisor of the court's decision.
All of this shall be documented appropriately in both the child's file and the resource file. (For additional information see Section F, Expedited Resource Licensure)
Federal guidelines Sec. 471(a)(10) provides for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, provides that the standards so established shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this title, and provides that a waiver of any such standard may be made only on a case-by-case basis for non-safety standards (as determined by the State) in relative foster family homes for specific children in care.
When considering a waiver, the Resource Supervisor, Resource Specialist, and COR Worker shall discuss and document the following in both the child's file and the Resource Family file:
All waivers must be submitted in writing to the Resource Supervisor for first approval and then submitted to Permanency unit for final approval.
Following are DFCS standards which have been identified as "non-safety related" and which may be waived in certain circumstances.
These standards are NOT to be waived as a matter of general practice when licensing relative caregivers and require the above documentation in the respective case records:
* U.S. Citizenship, only if the potential Resource Parent is a qualified alien
* Must be age 21 or older
* Employment validation
* Transportation
* At least one bathroom accessible without going through a bedroom
* Must have access to schools and churches
* Adequate play area
* Mississippi resident for 12 months
* Married or single/unrelated adult in the home
* Proof of income without board payment
* Bed space and square footage
* Bedrooms must have doors which can be opened and closed
When the ASWS approves the placement of a child in the home of an unlicensed relative, the ASWS must notify the RD and the Resource ASWS. The ASWS shall ensure that the Worker has entered a Resource Inquiry so the Resource Unit can start the licensing process immediately. The Worker shall indicate in the Resource Inquiry that it is an expedited study since the child is currently placed in the home.
Each month the RD must notify the Director of Field Operations regarding additions/deletions to the regional log of unlicensed placements and any barriers to licensing should be notated on the log.
The Permanency Unit shall maintain a state log of all placements in the unlicensed relative homes, which will include the name of child and the name of the relative, COR, county of placement, court order date if applicable, and date and findings of any previous reports of maltreatment to the relatives.
The Permanency Unit shall monitor the licensing of the relative home and follow up with the Resource ASWS until final disposition. Notification to Workers is required when a foster care provider for a child assigned to the Worker is under investigation, or that provider's foster care license has expired or been revoked.
A Resource Family Home is the home of a person or family group which is licensed for the temporary care of foster children. The Resource Parents receive a board payment at the rate specified by DFCS. (as shown in Section D, Fiscal Aspects of Foster Care for board payment information).
These homes may provide care for:
* Not more than 3 foster children, or for a total of 5 children (including foster, biological, and adoption children at any given time).
* With no more than 2 children in the foster home under the age of 2 or have therapeutic needs.
* A sibling group may be placed together in the same foster home in excess of these limits, but only upon written approval by DFCS RD determining that the foster children can be maintained safely in the foster home.
Licensed Resource Parents are also approved volunteers who may be reimbursed for mileage for transporting children to obtain needed medical and mental health services, as well as for authorized visitation with a parent, sibling, relative or prospective adoptive parent. Resource Parents who serve on the MDHS/DFCS Statewide Advisory Board may be reimbursed mileage as volunteers when attending designated meetings
A Resource Home that accepts a Foster Teen Parent and their child and/or Special Needs Children, may be eligible for an increased Board Rate. (Refer to Section D, Fiscal Aspects of Foster Care, for Board Payment information.)
* Child must be in custody of DFCS
* Contact the COR ASWS for approval
* Contact the COS ASWS for approval to ensure the placement within a specific home is appropriate in that County.
* Contact the COR/COS Resource ASWS regarding possible placement options.
* Contact the potential Resource Home about possible placement of child/children.
* Provide identifying information to Resource Family by using the "Foster Child Information," Form DFCS-515.
* A DFCS worker (COR or COS) shall conduct a walk-through of the resource home before placing the child in the home. (Refer to Section F Interior Home Environment).
In addition:
* The worker shall inquire of the resource parent(s) whether there have been any significant changes/events since the last re-evaluation of the home (new household members or frequent visitors, financial changes, etc.).
* The worker must ensure that there are safe sleeping conditions for the child and that the home is equipped to accommodate the needs of the child. Children under 18 months of age shall sleep in a crib. Children who are 18 months or older shall sleep in a bed that is appropriate for the child's age and needs (considering any developmental delays).
DFCS worker shall document in a narrative and in the case file all of the information gathered regarding the walk-through of the resource home.
A Therapeutic Resource Home is a home licensed and certified to care for children with severe behavioral, emotional and psychological impairments ( i.e.: attention deficit disorder, bipolar disorder, dysthymia (depression), intermittent explosive disorder, sexual deviant behavior, mental retardation/behavior disorder, mental illness/on medication, other mental illnesses or physical disabilities.) A Therapeutic Resource Home receives a comprehensive therapeutic rate based on the child's special needs.
Each foster child requiring therapeutic and rehabilitative foster care services because of a diagnosis of significant medical, developmental, emotional or behavioral problems shall be provided with a treatment plan and shall be provided with these services in accordance with the plan.
The length of stay for a child in a Therapeutic Resource Home shall be reviewed every six months.
A Therapeutic Resource Home shall have no more than two Special Needs children at any given time in accordance with mental health standards.
A Therapeutic Resource Home shall be allowed to provide care for the siblings of a special needs child according to the capacity and terms of the Resource Home license. However, the siblings will not receive the therapeutic board rate unless they have been certified as eligible for that benefit. All therapeutic placements shall have prior approval by the State Office, Permanency Unit.
Therapeutic placements require more frequent Worker supervision and contacts with the foster children and Resource Parents. Weekly contact and a minimum of two (2) visits per month shall be made.
Children must have documented severe behavioral, emotional, psychological or physical impairments for admission.
Completion of the Residential Services Application by the COR Worker is required for admission. This Application is found on DFCS "P" Drive.
All therapeutic placements shall have prior approval by the State Office Permanency Unit, and RD.
Upon discharge from therapeutic foster care, children must receive follow-up services in accordance with team recommendations that are documented on the child's After Care Plan.
A Residential Child Care Facility is a licensed residential child caring facility which is staffed 24-hours a day and where children are in care apart from their parents, relatives, or guardians. It is subject to licensure certification. (MISS. CODE ANN. § 43-15-103(p)) Residential Child Care Facilities are differentiated from the following:
* Short Term care facilities, such as emergency shelters or juvenile detention centers, or
* Long Term care facilities such as group homes, maternity residences, treatment centers, or
* Developmentally Disabled children's centers or
* Respite Care.
Upon ASWS approval the Worker shall make a referral directly to the facility using the residential application available on the "P" Drive.
An Institution is a 24-hour facility for the care and confinement of individuals with disabling conditions such as mental, physical, and emotional handicaps and which provide therapeutic or medical services to enhance the quality of life for the individual in a restricted setting.
If an institution seems to be the appropriate placement resource, the county Worker, upon ASWS approval, shall make a referral, or application, to the institution.
An Independent Living Placement is a placement in an apartment or rooming house with supervision from a licensed placement agency.
A youth who has attained age 18, meets the requirements of the "Responsibilities of the Youth" (See "Role of Child Placing Agency"), and is in the custody of DFCS will be considered for placement through an agency licensed for Independent Living placements.
A youth who has attained age 17, in addition to meeting the above criteria, must also obtain a high school diploma, certificate of attendance or General Education Diploma (GED). The youth's Worker, ASWS, and Independent Living Specialist must recommend this placement to the Strategies for Accessing Independent Living Services before final approval by the Independent Living Coordinator. COR and COS workers shall collaborate services to support placement.
An Adoptive Home is a Resource Home that is licensed/approved by DFCS and meets licensure requirements for placement of a child. An Adoptive Home is intended to be permanent. The permanent relationship of the family and the child is formalized by the finalization of a legal adoption, with the consent of DFCS. Resource Parents are given first priority in considering permanent placements for children to be adopted.
An Adoptive Home shall be offered only for children who are legally free for adoption or whose primary permanency goal is adoption. The Regional Resource Units will coordinate all adoptive placements.
Emergency Shelters for children are short term interim placement resources. The brief time in the shelter (45-day maximum) gives the Worker time to further evaluate the home situation and to work with the family and those designated as part of the family group for the immediate return of the child, to identify and evaluate relative resources, and gather information about the child to ensure a more appropriate foster care placement if this becomes necessary.
The Emergency Shelter staff shall provide the COR bi-weekly written progress report which shall include information regarding the child's behavior, progress, problems, and needs.
For preschool age children, family settings should be explored and utilized prior to placement in an Emergency Shelter.
An Emergency Shelter is a physically nonrestrictive facility designed to care for children who are in clear danger of abuse, neglect, or exploitation, and for whom the court orders placement or the parent voluntarily places the child in DFCS custody. The children shall be free of any acute medical or major psychological disorders that would require extensive treatment and pose a danger to Emergency Shelter staff and any children placed in care.
No foster child shall remain in an emergency or temporary facility for more than forty-five (45) calendar days unless, in exceptional circumstances, the DFCS Division Director has granted express written approval for the extension that documents the need for the extension.
No foster child shall be placed in more than one emergency placement per custody episode unless an immediate move is necessary to protect the safety of the child or of others, as certified in writing by the RD.
No foster child under 10 years of age shall be placed in a congregate care setting (including group homes and shelters) unless:
* Child has exceptional needs that cannot be met in a relative or foster family home or
* Child is a member of a sibling group; Sibling groups in which one or more of the siblings are under the age 10 shall not be placed in congregate care setting for more than forty-five (45) calendar days.
* RD has granted express written approval for the congregate care placement.
The RD's express written approval for the congregate care placement will be based on the RD's written determination that the child's needs cannot be met in a less restrictive setting and can be met in that specific facility and includes a description of the services available in the facility to address the individual child's needs.
The COR Worker will be prepared to give basic data about the child. The referring Worker will call the Emergency Shelter to ascertain if there is a vacancy. The admission will be approved or denied by the designated Emergency Shelter staff person. If approved, an appropriate time of arrival will be established and directions to the Shelter will be given.
The Worker will bring any of the following items that are available: Foster Child Information Form, copy of court order, Medicaid card, any school records, child's personal belongings, a Social Summary, and any other materials that may be helpful to Emergency Shelter staff.
The Emergency Shelter will provide a medical examination and psychological testing, if requested by the COR. If Medicaid does not cover those services, the COR is responsible for payment following normal procedures. Refer to Section A, Administration, for a discussion of funding sources.
The COR Worker will be responsible for making permanent plans for the child, working with the child's family, family group members, the court, and keeping the Emergency Shelter staff informed of all plans for the child.
It is essential that planning for the child begin immediately after placement due to the 45-day limitation and for the stability and emotional wellbeing of the child. It is equally essential that the Emergency Shelter staff be kept informed of the plans so that the child may be adequately prepared by the staff for his replacement or return home. The COR Worker will have at least weekly contact with either the Shelter Supervisor or COS Worker if the shelter is not located in the COR.
Time in Emergency Shelters should be limited to forty-five (45) calendar days and only one emergency placement per custody episode unless an immediate move is necessary to protect the safety of the child or of others as certified in writing by the RD.
The forty-five (45) calendar days could be consecutive or cumulative. The forty-five (45) calendar days include stays at the same or different Emergency locations. If it is necessary for the child to remain in the Shelter for a longer period, the Worker shall gain the approval of the ASWS and RD who shall request written permission from the Division Director and who will document the approval in MACWIS.
(refer to Admission Criteria for sibling groups under age 10)
When removal of a child from Emergency Shelter care becomes necessary to Emergency Shelter staff, the child's COR Worker shall be notified and given a 10-day notice. Immediate removal shall be requested by Emergency Shelter staff only if a child is a danger to himself or others.
Court-Ordered, Non-Licensed Homes are homes into which a child has been ordered by the Youth Court Judge. These homes have not [yet] been licensed by DFCS.
The COR Worker will explain to the family the licensing requirements in order to become a Licensed Resource Home and will document the discussion in MACWIS.
The Management Protocol of Unlicensed Placements, addressed in the Relative Resource Homes section, must be followed for Court Ordered Non-Licensed Homes.
No foster child shall be placed in foster care setting that has not been licensed or approved as meeting DFCS standards, unless the child is place pursuant to the relative licensing process. (see Section F)
18 Miss. Code. R. 6-1-D-V