18 Miss. Code. R. 6-1-G-III

Current through December 10, 2024
Section 18-6-1-G-III - DEVELOPMENT OF ADOPTION PLAN
A.Role of COR Worker

The COR Worker shall have the following responsibilities in achieving Adoption:

* Recognize, through concurrent planning, when adoption appears to be the most appropriate and feasible goal for the child.

* Engage parents in a discussion on optional voluntary surrender of their parental rights. If the parents wish to surrender, the COR Worker must obtain permission from the Director of the Permanency Unit prior to the parents signing any documents.

* Prepare and submit to the Worker's Area Social Work Supervisor (ASWS) a complete Termination of Parental Rights (TPR) referral within the time frame allowed by policy. (See Section D, TPR)

* Discuss the goal of adoption with the child, parents and Resource Parents. Ascertain if the Resource Parents are interested in adopting the child.

* Assist in preparation of child and family for adoption.

* Notify the Adoption ASWS within 3 calendar days of adoption becoming the child's permanent or concurrent plan.

* Update the Family Service Plan (FSP) and request Adoption County of Service (COS).

* There may be two Adoption COS Direct Services if the child is placed outside their COR.

* One Adoption COS Direct Service should be established for the Adoption Specialist in the child's COR and one within the child's COS.

* The COR worker will continue to be responsible for the case, and will work toward the permanent plan as appropriate, and will visit with the child face to face at least twice a month or quarterly if placed outside the COR.

B. Role of Adoption Specialist

The child's Adoption Specialist will immediately begin the assessment and preparation for adoption process with the assigned child, the birth family and the placement resource. The preparation for adoption process should include working with the child on his/her life book (including the preparation of child's written life story) and following a strategic plan for transitioning the child to adoption.

* An Adoption Specialist will be assigned to work with an assigned COR Worker within ten (10) working days of adoption becoming the child's permanent or concurrent plan.

* The Adoption Specialist and the Worker will begin the process of securing an adoptive placement for the child.

* The Adoption Specialist will also begin compiling the child's file in preparation for adoption assistance certification.

* The Adoption Specialist shall inform the current and any other identified Resource Parent of the child's potential eligibility for Adoption Assistance and enter documentation of this discussion into the child's and Resource Parent's files in MACWIS.

* Within fifteen (15) calendar days of adoption becoming the child's permanent or concurrent plan. The COR Worker along with the Adoption Specialist shall prepare an adoption plan that identifies the child specific activities that DFCS will undertake to achieve the permanent/concurrent goal of adoption and the timeframes in which the activities will be undertaken.

* The Adoption Specialist shall be responsible for the following:

* Consulting with private and public professionals.

* Identifying and ensuring the provision of targeted services necessary for the child to be adopted.

* Adoption Status Meeting with the DFCS Worker, Adoption Specialist, and the Worker's direct ASWS to review the progress being made in achieving the goal of adoption and shall occur weekly for infants and monthly for all other children awaiting adoption and must be documented in the child's case record.

C.Adoption Plan

The DFCS Adoption Unit is responsible for adoptive placement planning for all children in DFCS custody whose permanent plan is adoption. The assigned Adoption Specialist will work with the child, the COR Worker, the birth family (as appropriate), and all other persons vested in this child's life to develop a strategic plan to transition the child to permanency through adoption and help the child maintain those life-long connections already in place. This plan will be developed through Adoption Status Meetings.

This team will prepare a written plan for adoption. This adoption plan will identify the following:

* Child-specific recruitment activities,

* Time frames to complete the assigned activities and

* Assigned workers to complete the specific activities.

D.Adoption Status Meeting

Within 15 calendar days of adding adoption as a permanent/concurrent plan, the Adoption Specialist will convene an Adoption Status Meeting with the COR Worker, COR ASWS, and other staff familiar with this child. Adoption Status Meetings serve three (3) primary purposes:

* To review the progress of the adoption plan

* To identify barriers to adoption and

* To develop strategies that overcome barriers in order to achieve the goal of adoption.

Adoption Status Meetings will be held monthly for children over 12 months of age and weekly for children 12 months of age and younger.

Each subsequent Adoption Status meeting will update the progress that has been made to move the child toward adoption. Steady progression toward permanency must be documented from the date adoption has been added to the permanent/concurrent plan until permanency is achieved indicating who completed each task and in what time frame.

E.Documentation of Efforts toward Adoption

The Adoption Status Meetings shall be documented in the child's case file by the Adoption Specialist within 5 working days after the meeting is held.

Documentation of the Initial Adoption Status Meeting Includes the following:

* Date when Adoption was added to the permanent/concurrent plan

* Date of TPR hearing, if set, or discussion of parental surrender of rights

* Summary of previous discussion of adoption with the child.

* Tentative date when the Adoption Specialist will meet the child and begin the assessment and preparation process for adoption.

* All maternal and paternal relatives are contacted

* The need to re-evaluate any possible relatives for adoptive placement or to foster permanent connections is established.

* Description of any fictive kin relationships or other life-long connections that have been established.

* COR Worker's discussion with the current placement resource about adopting the child

* COR Worker's recommendation of the current placement resource to adopt

* Name the Resource Family who plans to adopt, if it is the plan.

* Adoption Specialist will plan to meet the Resource Parent to assess and prepare the family for adoption.

* Discussion of continued contact with birth family following adoption, if in the best interest of the child.

* Schedule a Family Team Meeting to be held with birth family/kin, Resource Parents, COR staff, and Adoption Specialist to address birth family visitation/contact, if found to be in the child's best interest

* Discussion of sibling placements

* Adoption Specialist will begin the assessment of sibling placement to determine if they can be adopted together.

* If the child is placed out of state, assessment of the home including whether the home is licensed, family willingness to adopt, etc.

F.Ongoing Adoption Status Meetings

* The Adoption Specialist will review the file to select all necessary documentation needed in order to certify the child for Adoption Assistance.

* The Adoption Specialist will make referrals for necessary services that must be provided before an adoption can be finalized.

* Update the Comprehensive Child Assessment and preparation document.

* Update assessment of siblings being placed together. If plan becomes separate placements, give update on visitation plan/ responsibilities.

* Description of how permanent connections are being fostered

* Identify barriers to the transition to adoption.

* COR Worker will update on TPR process/permanent/concurrent plan progress or barriers to achieving permanency.

* All progress toward a permanent placement will be discussed at monthly status meeting.

* Outline: "Who will do what & when"

* Scheduling an appointment, requesting records, researching needed services, making appropriate referrals, contacting relatives, etc.

G.INFANTS up to 12 months of age

Once adoption is added to an infant's permanent/concurrent plan an initial Adoption Status Planning meeting is held. Weekly Adoption Status Meetings will be held until the permanency plan is achieved.

* When a mother wishes to place her infant for adoption, the child shall be referred to the Adoption ASWS for placement into an adoptive home upon entering DFCS custody or discharge from the hospital, where applicable.

* The Adoption Unit will make an appropriate adoptive placement through the Placement Committee Process (which can be held by phone) and Adoption Status Meeting. These placement efforts will be documented in the child's case.

* The Adoption Specialist will provide COS services, preparation and assessment for the child(ren) and adoptive family, assist the family in mediating future contact between the birth family and adoptive family, and supervise the adoptive placement throughout the adoption process.

If the COR is working with the biological parents to make plans for an adoption prior to the child's birth, the COR ASWS shall inform the Adoption ASWS of these plans and provide background information on the child, when possible. This will enable the Adoption Unit to plan for a potential placement into an Adoptive Home.

After the birth of the child, the Adoption ASWS shall be notified of the birth by the COR ASWS. The following information on the child will be provided at that time:

1. Birth date
2. Birth weight and length
3. Race
4. Physical condition of the child, as reported by the attending physician

The Adoption Specialist will accompany the COR Worker to the hospital for the child's discharge and will proceed with placement into the identified adoptive home. The following information/documentation shall be submitted to the Adoption Specialist upon the child's discharge from the hospital or at the time the parent(s) signs the surrender of parental rights, form 459. (See Appendix A)

1. Social Summary and Form MSDH-913, Medical and Social History. (Must be obtained from the MS Department of Health)
2. Form MDHS-SS-430 Obstetrical and Newborn Record. (See Appendix B)
3. *Form MDHS-SS-459 and 459A (See Appendix C) or 459B (See Appendix D) signed by the Mother.
4. *Form(s) MDHS-SS-459 signed by the Father(s).
5. State Department of Health forms 914 or 915 (Must be obtained from the MS Department of Health), Authorization to Disclose.

*Forms for the Surrender of Parental Rights and Consent to Adoption cannot be executed by the biological parents until 72 hours (three days) after the birth of the child

H.Abandoned Infants and Safe Baby

According to MISS. CODE ANN. § 43-15-201, an emergency medical services provider, without a court order, shall take possession of a child who is seventy-two (72) hours old or younger if the child is voluntarily delivered to the provider by the child's parent and the parent did not express intent to return for the child. MISS. CODE ANN. § 43-15-203 states, no later than the close of the first business day after the date on which possession of a child is taken by said provider, the provider shall notify the Department of Human Services. The Department of Human Services shall assume the care, control and custody of the child immediately upon receipt of notice.

MDHS Protocol for Safe Babies:

1. A Safe Baby should be reported through Centralized Intake.
2. Report is received in the county where the child is surrendered and assigned to a worker by ASWS.
3. Worker responsibility:
a. Make contact with the child.
b. Contact Adoption ASWS to identify a legal risk adoptive placement. *See Note below.
c. Name the child before leaving hospital (allow the potential adoptive family to name the child, if possible.)
d. Coordinate with hospital staff to apply for birth certificate and Social Security card.
e. Contact Youth Court judge to request court order for custody.
f. Assist Unit with placement, as needed.
g. The COR shall not make diligent searches to locate the parents.
4. Submit required information to the Eligibility Unit and obtain Medicaid number.
5. Adjudicate the baby through the youth court.
6. Provide Medicaid number to the hospital for the Safe Baby.
7. Obtain medical records from the hospital.
8. Complete TPR Packet and submit to the Regional Director (RD) within 30 days.
9. Follow all relevant DFCS policy related to the custody and placement of a child.
10. The COR Worker shall visit the child quarterly in their pre-adoptive placement.
11. The Adoption Specialist for the county of residence of the adoptive family shall be the only COS assigned worker and shall visit the child twice monthly with one visit taking place in the placement setting.

*Note: The Adoption ASWS shall convene a telephone conference Placement Committee Meeting with all Adoption Specialists in the region in order for all potential legal risk adoptive families to be presented for placement. The child shall then be matched with the most appropriate family. If all other factors are equal, then the family who has been approved and waiting for placement for the longest period of time shall be given priority. If there are no appropriate placements available within the region (outside the county where the child was surrendered), the Adoption ASWS shall contact the surrounding regions and convene a telephone placement committee with other Adoption staff until the most appropriate placement is secured.

Protocol for other abandoned babies:

Babies who are over 72 hours old or who are abandoned in places other than with emergency medical service providers do not meet the Mississippi State Law as a Safe Baby. There are similarities in the protocols for handling these reports, but also several differences.

1. Report of an abandoned baby shall be made through Centralized Intake with the maltreatment type of physical neglect.
2. Report is received in the county where the child was found and assigned as an investigation to a county worker.
3. The COR Investigating Worker responsibilities:

* Follow protocol a - g above, as appropriate.

* Make a diligent search for birth parents and all relatives of child.

* Complete a full investigation and report findings to the youth court and the District Attorney's Office.

* Follow all relevant DFCS policy related to the custody and placement of a child.

* Abandoned babies will be adjudicated through youth court as neglected children.

18 Miss. Code. R. 6-1-G-III

Amended 5/7/2015
Amended 5/29/2015
Amended 8/29/2015
Amended 11/28/2015
Amended 6/23/2016
Amended 7/31/2016