18 Miss. Code. R. 6-1-F-II
The goal of recruitment is to create a pool of available Resource Families who reflect the racial, cultural, and ethnic heritage of the children needing care, and who are willing and qualified to meet their needs.
Recruitment activities are regionally based and will be reflective of the needs of each region. Each region will develop a recruitment plan that will be reviewed and modified as needed. Recruitment Methodologies include but are not limited to:
The inquiry, by a prospective applicant, is the first contact a prospective applicant has with DFCS requesting information about resource licensing. This inquiry can be in person, by telephone, mail or e-mail. Any DFCS staff may obtain resource inquiry information and relay this to the Licensure Specialist via email or Mississippi Automated Child Welfare Information System (MACWIS) intake. The basic information should include an address and daytime phone number. A Licensure Specialist will make contact with the prospective applicant within 24 hours of receiving this information. If the inquiry has not been entered in MACWIS, the Licensure Specialist will enter it upon receipt.
When additional intake information is needed, the Licensure Specialist may send the applicant the Resource Home Inquiry Application, Appendix A.
All persons who contact DFCS and are interested in becoming a licensed Resource Parent will be considered. The inquiry may be screened out on initial contact if the very basic requirements (See below) are not met and the potential applicant is not a kinship care placement. These basic requirements include:
* At least 21 years of age
* Number of children in the home is less than 5
* Legally married couple (not separated) or legally single (not cohabitating)
* MACWIS clearance
* No known criminal history
* Legal Mississippi resident
If the above criteria are not met, the inquiry may be screened out by the Licensure Area Social Work Supervisor (ASWS). (See Appendix B for "Notice of Action Inquiry Screen Out Form") A notice that the Inquiry did not meet screening qualifications shall be sent by the Licensure ASWS to the family identifying the unmet criteria. An inquiry screened out for one of the above reasons is not eligible for an Administrative Grievance Hearing. (See section VII below).
If it is determined that the family may proceed in the application process, the Licensure ASWS will assign the inquiry to the appropriate staff within 48 hours in order to conduct licensing activities.
The Licensure Specialist will give verbal information and mail or deliver a standard informational packet to the inquirer. This informational packet shall include:
* An Introductory Letter from Licensure Unit (See Appendix C);
* Brochures explaining the expectations of Resource Parents, basic licensing requirements, and steps to becoming licensed;
* Information about the kinds of children in care and the need for Resource Families to partner with DFCS staff and birth family;
* Contact information for DFC S staff in the county of residence;
* Invitation to an orientation meeting with dates, times, and places to be held within the next month.
Orientation shall be held regionally at least twice a month whether in a scheduled group format with public notification or with individual applicants when needed.
The Licensure Specialist shall provide potential applicants with at least three (3) invitations to attend an orientation meeting in their area over a period of one (1) month. All adults residing in the home who will participate in the care of the child must participate in all aspects of the licensing process. When a married couple applies, both spouses must participate in all aspects of the process.
At least one personal contact shall be made to potential applicants prior to each orientation session to encourage attendance. If the potential applicant does not attend an orientation meeting within the first month of inquiry, the inquiry may be closed and the Licensure Specialist will send a notice to indicate such to the family.
Orientation Curriculum will include the following:
* The process and sequence of events to become a licensed Resource Family home include:
* Child abuse, criminal history, and sexual offender record checks;
* Pre-service training requirements;
* References, confidentiality, cultural diversity;
* The elements of a home study;
* The role of the Licensure Specialist
* The DFCS policy to accept applications from persons interested in fostering or adopting "special needs" children and the definition of a "special needs" child. Foster and adoptive parents may be approved simultaneously.
* The requirement to work with birth families toward reuniting the child and the birth family and to work as a member of the care and treatment team.
DFCS adheres to federal laws, including MEPA and the Civil Rights Act of 1964 which prohibit policies procedures or actions that serve to deny any person the opportunity to become a Resource Family or an adopted parent on the basis of race, color, or national origin of that person, or the child involved; or which delay or deny any placement of a child in foster care or for adoption on the basis of race, color, or national origin of the foster caregiver(s), of the adopted parent(s) or of the child involved.
Once applicants have completed Orientation and expressed a desire to continue in the licensing process, the Licensure Specialist may provide the family with the home study application, Form 480B (See Appendix D) and initial home study packet documents including Structured Analysis Family Evaluation (SAFE) Questionnaire 1.
Following orientation and receipt of Home Study application the Licensure Specialist must complete the screening process, which includes:
* Fingerprinting applicant;
* Local criminal background checks on all household members 14 and older;
* MACWIS check for history with DFCS;
* Checking DFCS records in the county where applicant resides (paper files for history prior to MACWIS);
* Child Abuse Central Registry Check Form 482 (See Appendix E);
* Record check evaluation;
* Sex Offender Registry (http://state.sor.dps.ms.gov)
Based on the information that is compiled during the orientation and screening phase, a prospective family may be denied a license by the DFCS Office Director, Regional Records Review Committee and /or recommendation of the Licensure Specialist with approval by the Licensure ASWS. A Notice of Action with detailed information regarding the Fair Hearing Process (See section VII below) will be sent by certified mail to the applicant.
Any applicant or person residing in the home who has been convicted of a crime or who has a pending indictment of a crime, whether misdemeanor or a felony, that bears negatively upon the individual's fitness to have responsibility for the safety and well-being of children, will be evaluated as to their fitness to provide child care or be licensed as a Resource Parent.
This evaluation will include, but is not limited to; child abuse or neglect, domestic violence, crimes against children, crimes involving violence which includes rape, sexual assault or homicide, physical assault, battery or drug-related offenses. If one of the following felony offenses has been committed, a license shall not be granted:
* Felony offense against a spouse or former spouse;
* Felony offense against children including child pornography, child abuse or neglect;
* A crime involving violence, including sexual assault, rape or homicide, but not including other physical assault/battery;
* Or within the last five years, a felony physical assault or battery;
* Or, within the last five years, a felony drug related offense.
The offenses listed above are based on the Adam Walsh Child Protection and Safety Act of 2006 ( P.L. 109-248 ) pertaining to whether an applicant could receive payment if a child is placed with applicant. Refer to The Adam Walsh Child Protection and Safety Act as the official reference for this information. Approval for the initial application based on The Adam Walsh Child Protection and Safety Act is obtained through the Protection Unit and the DFCS Division Director. Approval from the DFCS Division Director to continue the licensure process does not in any way provide approval for the licensure of the resource home.
Other types of_convictions or pending indictments shall be considered on a case-by-case basis through the Regional Records Review Committee.
If, during the background check, it is found that an applicant or household member has been a perpetrator in a substantiated Abuse, Neglect, and Exploitation (ANE) assessment or through fingerprinting, or if via local law enforcement checks it is found that an applicant or household member has been convicted of a crime or pending indictment of a crime, the Licensure Specialist shall obtain a copy of the ANE report, criminal conviction record and/or law enforcement background check and follow the evaluation process through the Record Review Committee. These records will be reviewed by the Licensure Specialist and Licensure ASWS.
After allowing the applicant the opportunity to clarify, or challenge the accuracy of, the information contained in the FBI Identification Record or other criminal or DFCS records, the Licensure ASWS may deny the application based on the consideration of all background information. The findings will be documented in the applicant's resource file, and a Notice of Action will be mailed to the family;
OR
The Licensure ASWS may submit all the background records to the Regional Records Review Committee for further evaluation. All FBI Identification Records would have been screened by the Protection Unit based on the Adam Walsh Child Protection and Safety Act as it applies to licensure of the Resource Home. However, the Bureau Director of Protection or DFCS Division Director may request to be included on the Regional Records Review Committee. This assessment along with the applicant's or household member's Criminal History Justification Form will be submitted to the Regional Records Review Committee to be combined with other background information.
An evaluation shall consider the nature and seriousness of the crime or ANE Assessment in relation to:
The Regional Records Review Committee shall convene via email, by telephone conference or face-to-face within ten (10) working days to review the records and make a determination on the home's eligibility to proceed with licensure. The Licensure ASWS shall document the Committee's findings in the applicant's resource home file and will provide the family with written notification via Notice of Action (See section VII below) of the outcome and determination of the Regional Record Review Committee within five (5) days of the meeting. Approval from the Records Review Committee to continue the licensure process does not in any way provide approval for the licensure of the Resource Home.
The United States Department of Justice requires that fingerprint images must be submitted twice before a request can be made for the records to be checked using an applicant's name only. If an applicant's fingerprints cannot physically be obtained, follow designated fingerprint procedures for that circumstance.
DFCS employees may not be licensed for placement of children who are in DFCS custody. However, exceptions are made in cases of relative/ fictive kin placements.
Specific guidelines for the employee/potential relative Resource Parent must be approved by the employee's immediate supervisor, RD, Director of Permanency Unit, and Director of DFCS.
A written agreement of guidelines shall be a part of the employee's resource home file. This agreement shall address: (See Appendix F)
* Name of private agency responsible for licensing and supervising placements made with the family;
* Method to ensure that employee will not have DFCS decision-making authority over child placed in home;
* Method of supervision of any children placed in the home;
* Limits agreed upon regarding children placed in the home and access to MACWIS records of child and birth family.
When a prospective Resource Family applicant desires to withdraw an application the Licensure Specialist shall:
* Document the withdrawal in the file;
* Complete a Notice of Action-Licensing Decision (See Appendix G);
* Obtain a written statement of withdrawal, whenever possible.
Information concerning the Resource Family may be released only with the written consent of the Resource Parent. (See Appendix H)
A Resource Parent may request to review his/her own licensing file. Access is permitted but third party information must be excluded. The file may be reviewed in the presence of a DFCS worker and they may receive a copy of their Home Study (not including references).
All Resource Parent applicants shall sign a Confidentiality Statement (See Appendix I) acknowledges their understanding and willingness to maintain confidentiality as they work with the child(ren), families, and DFCS staff
The Home Environment Checklist (See Appendix J) shall be completed and entered in MACWIS every 6 months from the date of the Resource Home License.
* The Resource Home shall be well heated/cooled and well ventilated.
* At all times the home shall have a working telephone, mobile or land-line.
* The home shall be safeguarded, inside and out, against hazardous chemicals, cleaning materials, toxic substances, hazardous objects and equipment, medications, and firearms.
* The home and premises shall be free of rodents and insects.
* A home shall not rely on portable space heaters as the sole source of heat and shall not use such space heaters during sleeping hours. The home's fireplaces, floor furnaces, freestanding stoves and open-faced heaters shall be screened or otherwise adequately guarded.
* The home shall have protective covers for all electrical outlets not in use in all areas occupied by children age 6 and under or any mentally challenged child.
* The home's outside play area should be maintained clean and free of hazards to the health and physical well-being of the family
* The home shall have a continuous supply of clean drinking water. If the water is not from a city or community water supply, the Resource Parent(s) shall provide evidence that a state or local health authority has approved the water system.
* All licensed homes must have a functional sewage system. The Licensure Specialist shall conduct a visual site inspection to insure there is no standing water or sewage. If the Licensure Specialist observes visible sewage or a strong odor is noted, the county Health Department will be contacted for assistance.
* The home shall have interior plumbing with running warm and cold water.
* Documentation of:
* any smokers at the home,
* where the person will smoke when the foster child is present and
* each Resource Family members' understanding that smoking in the Resource Home or vehicle when the foster child is present is prohibited. Resource Families will designate an area of the home for smoking where the foster child will not be present
The Resource Home shall have at least one single station operable smoke detector approved by a nationally recognized testing laboratory in the home:
In a Resource Home where the floor space is less than 3000 square feet, at least one (1) 5-pound (+) A-B-C fire extinguisher (usually red in color) shall be:
* A Resource Home shall have visible a written plan and procedure for emergencies and evacuation of the home during any type of fire or natural disaster, including contact person if the family must relocate.
* Foster child in a Resource Home shall give each foster child an age appropriate explanation of the emergency and evacuation plan.
* Resource Parent(s) shall ensure that the foster child can follow the plan in the event of a fire, emergency or natural disaster.
* This explanation and assurance shall be completed within 48 hours after the foster child has been placed in their home and a written plan posted in a location and in language the child can read.
* All exits (doors, hallways, and stairs) shall be maintained clear and ready for use.
* A window can serve as a second exit only if:
* There is an emergency release mechanism installed and maintained on windows with security bars or devices.
In the case of any natural or man-made disaster, Resource Families are, first and foremost, instructed to follow the directives of local public safety authorities concerning evacuation and returns to affected areas.
Resource Families are authorized to take foster children out of county or out of state based on the directives of the local public safety authorities. The Resource Parent shall notify the foster child's worker as soon as practical, when evacuating and give the worker a contact phone number and location.
If the worker is unreachable, the Resource Parent should relay the contact information to the child's worker via 1-800-222-8000 (MDHS "Hotline").
Instructions for Disaster Preparedness shall be presented to each Resource Family during the home study process and documented with an Acknowledgement Form.
The Emergency Evacuation/Disaster Plan will be completed by the Resource Family and the information will be entered in MACWIS as a "physical home environment" narrative. A hard copy shall be placed in Resource Family file that is kept in the office of the Licensure ASWS. A copy of the Emergency Evacuation/Disaster Plan should be forwarded to the Permanency Unit in the State Office.
Workers must consider "safety" vs. "permanency" in every situation, including disasters. In a disaster, safety comes first and Licensure Specialists must make sure the child is not at risk for harm if placed in a Resource Family home.
If the Resource Family experiencing a disaster is due for license renewal and has not received all their in-service training, their home will be re-licensed for one year in which time the family shall complete their training. Exceptions to this include:
Each Resource Home shall have a tornado safety plan which directs all household members to a tornado shelter or the safest area of the home. All new foster children placed in a Resource Home shall be instructed on the safety plan for tornadoes within 48 hours of placement as per the evacuation plan noted above.
The Resource Family shall show verification that all domesticated household pets and outdoor animals that are accessible to foster children, have current vaccinations.
The Resource Family shall provide supervision to the foster child when any pets are present. Pets that exhibit aggressive tendencies toward DFCS staff during the home study process may be cause for denial of a license. In such cases, an acceptable safety plan must be developed and approved by the Licensure Specialist.
The Resource Home shall be safe and sanitary. However, kitchens, bathrooms and bedrooms are more specifically discussed in detail below:
Resource Families must be able to provide transportation for children in care. Resource Parents, who transport children in their own vehicles, shall provide proof the following:
* A current driver's license
* Current Auto License Plate and Tag
* Current automobile liability insurance
* Current driving record validation
* Attend Car Seat Safety Training (if applicable)
Resource Families should have a transportation plan at all times. When applicable, the transportation plan must include car seat safety training, child safety seats for infants and young children or booster seats for older children, less than eight (8) years of age or weighing less than 80 pounds.
Driving records will be checked and validated annually.
Upon receipt of the driving records, MDHS State Office staff will review them to ensure the Resource Parent is not a high risk driver. If an applicant seeking to become a Resource Parent is determined to be a high risk driver the application may be denied. If the application to become a Resource Parent is denied as a result of driving records validation, the applicant will be notified pursuant to the Fair Credit Reporting Act.
If a current Resource Parent is determined to be a high risk driver, there will be cause for implementing a new transportation plan.
DFCS defines a high risk driver as a person who has any of the following convictions, whether contested or not, within a 12 month period:
All other persons transporting children in care must meet the same requirements as the Resource Family.
Smoking in a vehicle is prohibited.
Anyone transporting a foster child is prohibited from carrying any type of weapon in their vehicle while the foster child is in the vehicle.
Children in DFCS custody who are transported in a vehicle must be in an age appropriate passenger restraint system at all times in order to comply with MISS. CODE ANN. § 63-7-301. The Resource Parent shall also provide adequate passenger supervision. Documentation of a completed and signed Transportation Statement and Checklist (See Appendix M) shall be entered in MACWIS within thirty (30) days of completion. A copy of updated documents shall be added to the resource file.
Applicants must be residents of the state of Mississippi. A legal alien may obtain a Resource Home license if all adult household members are legally in the United States. If legal status is in question, request to see immigration documents. Permanent resident status can be verified by checking the applicant's Immigration and Naturalization Service Form I-551 (green card). Check with immigration if status remains in question. (Seewww.IRS.gov)
The applicant(s) must be at least 21 years of age.
The applicant(s) must be financially self-sufficient and have an adequate income, exclusive of the foster care maintenance payment, to meet the needs of the Resource Family. The Financial Statement (included in the Resource Home Study Application) shall be completed as a part of the Resource Family application to verify the sufficiency of income. The Resource Family applicant shall provide verification of all current household income and expenses.
Married applicants must verify they are legally married. Previous marriages and divorces must be verified. Applicants may not have unrelated adults living in the home.
During the home study process, the Licensure Specialist will discuss with the applicant(s) their plans related to employment and their willingness and ability to take time from work, as necessary, to meet the needs of the children.
Applicant(s) working outside the household must have a plan for safe, stable and reliable childcare as well as sufficient work flexibility to meet the needs of the children as determined by DFCS.
A Resource Family applicant(s) shall not:
The applicant(s) must have knowledge and understanding of:
The applicant must be able to protect children from harm, give and receive appropriate affection and have the ability to maintain the child's permanent connections. The applicant(s) must also have the willingness and ability to commit the time necessary to provide supervision and guidance.
At least one parent in the home must be able to assist a child with checking homework assignments and giving help as needed with their homework.
Since foster children often engage in survival behaviors, applicants' experience in handling these behaviors and their insight regarding survival behaviors and other common behaviors of foster children should be explored.
The worker and the applicant should develop, and discuss in detail, disciplinary plans for specific typical behavioral problems for foster children in the age range for which they are being licensed and the disciplinary plan(s) should be written into the home study .
All licensed Resource Families will sign Form 457A (Affirmation of Understanding Regarding MDHS/DFCS Policy Regarding Corporal Punishment) stating they understand that they shall not use any form of corporal punishment on a foster child placed in their home. (See Appendix N).
* Their understanding that the use of corporal punishment or mechanical restraints of any kind cannot be used.
* The ability to discipline the foster child with kindness based on the child's age and developmental stage and taking into consideration the child's past traumas and experiences.
* The understanding that they may not withhold food for any reason.
* An understanding that verbal abuse, threats and remarks of a derogatory nature regarding any foster child or his/her birth family is inappropriate and unacceptable.
The applicant's ability to support the involvement of the child's parents and other relatives and willingness to maintain permanent connections regardless of the permanency plan should be thoroughly discussed and documented in the home study.
The applicant(s) shall possess competent physical, cognitive, mental and emotional capacities with reasonable life expectancy that is anticipated to continue through the minority of the child.
DFCS may request the applicant(s) or other household members to provide additional medical, mental health, or substance abuse evaluations.
If at any time the Licensure Specialist has reason to suspect alcohol or drug abuse by the applicant, licensed Resource Parent, or any household member living in the home the resource applicant, licensed Resource Parent, or family member living in the home may be asked to undergo drug or alcohol evaluations. If suspicion of the alcohol abuse or drug abuse is founded, the applicant may be denied or the licensed Resource Home may be subject to closure.
All members of the Resource Family must provide a statement of capability from a treating physician or mental health therapist, if being treated for any physical or mental health condition which may preclude compliance with licensing requirements.
The Resource Family applicant must provide a signed and dated Form 4404 (Examination of Resource/Adopt Applicant) (See Appendix O) by a licensed medical practitioner who shall have examined the person within six months prior to the date of the application, and which shall:
The Licensure Specialist will determine whether the home provides food with good nutritional content and food in sufficient quantity to meet the individual needs of the foster child. Some children entering care may require a special diet which should be documented in the child's case and Resource Parents are expected to meet these nutritional needs.
The Resource Parent(s) shall provide foster care for no more than three (3) foster children in their home at any given time. There shall be no more than two teen parents or pregnant teens in the home.
The Resource Parent(s) shall care for no more than five (5) children total, including the Resource Parent's own biological or adopted children. The home shall have no more than two (2) children age 2 and under or who have therapeutic needs.
Notwithstanding the above, a sibling group may be placed together in the same foster home in excess of these limits, but only upon;
* Written recommendation of the Licensure Specialist and Licensure ASWS and;
* Written approval of the RD determining that the foster children can be maintained safely in the Resource Home.
The applicant(s) shall supply four (4) character references to the Licensure Specialist. Only one of these 4 references may be a close relative (parent, sibling, grandparent, aunt, uncle, or first cousin). Adult children who do not live in the home should be contacted as additional references.
The Licensure Specialist must also seek at least 2 additional references not named by the applicants. These references may be school personnel, law enforcement staff, clergy, other licensed Resource Parents, neighbors, or other DFCS staff.
References must understand that the information given by them to the Licensure Specialist may be discussed with the applicants, but the name of the person giving the information will not be shared.
Though the Resource Family's home study may be shared with them, the reference's specific comments must be kept confidential. It is always a significant clue when people are unwilling to give a reference for an applicant.
The Licensure Specialist shall send the SAFE Reference Form (See DFCS Connection Website - "Forms" Section under "Permanency") to each reference.
18 Miss. Code. R. 6-1-F-II