18 Miss. Code. R. 6-1-G-IV
Comprehensive Child Assessment: The development of a document that contains information used to identify and/or understand the child/youth's past and current experiences and how they relate to current behavior, development and functioning. The Comprehensive Child Assessment is used to ascertain the child/youth's future needs and to facilitate timely decision making, planning, and placement with a permanent family. It is the foundation for developing the child's ISP. (Comprehensive Child Assessment Format, See Appendix E)
Child/Youth Preparation: The sharing of information with the child/youth to assist him/her in understanding past experiences. Child/Youth Preparation is used to engage the child/youth in planning for the future, including placement with a permanent family.
Collaboration: The structured cooperation of the Worker, family, other service providers, caregivers, and other relevant persons. They work on shared goals to ensure that the child/youth's best interests are the primary consideration during the assessment, decision making, planning, preparation, and placement process.
The Adoption Specialist will work with every child in care who has a permanent plan of adoption on the Comprehensive Child Assessment and Preparation process. Each time contact is made with the child or new information is gathered, the Comprehensive Child Assessment will be updated. The Comprehensive Child Assessment must also include information from the Strength and Risk Assessment (SARA) which is initiated by the COR Worker.
A Resource Parent, who has been providing foster care for a child for 6 months or more, shall be given preference as an adoptive parent for that child once he/she becomes legally available for adoption unless there is documentation as to why the placement is unsuitable for adoption.
Form 471 (Foster Parent Application to Adopt a Particular Foster Child) should be completed when the child's permanent plan is approved as adoption in youth court or a TPR packet is submitted and the child has resided in the current Resource Home six (6) months or more. (See Appendix F).
Every adoption of a foster child initially placed in a licensed Resource Home must have a child-specific adoptive home study, known as the Adoption Addendum, completed and entered in Mississippi Automated Child Welfare Information System (MACWIS). There are at least three (3) ways that families who may be interested in adopting are licensed for placement of a child: (Adoption Addendum, See Appendix G)
* The current Resource Family who plans to adopt was licensed as an MDHS Resource Home approved for foster services, adoptive services, or both foster and adoptive services.
* The current Resource Family was licensed as an MDHS Foster Home only.
* The current Resource Family was licensed by a private agency as a therapeutic foster care provider.
Upon completion of the Adoption Addendum, the Adoption Specialist will submit the Family File, including the following to the Adoption ASWS:
* Form 471 - Application to Adopt
* Copy of the original home study
* Adoption Addendum (also copied into family file in MACWIS)
* Signed Background Information for each child
* Statement 11-5-91 (if there was publication on TPR for either parent)
* Newly signed Discipline Statement
* Adoption Assistance Agreements (2 originals)
* Supplemental Security Income (SSI) Letter (if applicable)
* Contingency Plan
* Option for Legal Representation (Private or Referral for Law School)
The Adoption Specialist shall submit the Adoption Addendum and all necessary documentation within 60 days of a child being freed for adoption unless there are documented reasons for delay which is in the best interest of the child. The Adoption ASWS will review and provide a written approval or denial within 10 days of receipt of the documentation.
Written instructions to the Resource Parent(s) on how to proceed with the adoption will be provided when the Adoption ASWS approves the family to adopt through the Adoption Approval Letter. This approval letter will also instruct the Resource Parent(s) to submit a copy of the Final Decree of Adoption to the Adoption Specialist. The Adoption ASWS will forward the family file and approval letter to the state office Adoption Unit where all legal documents will be prepared and mailed to the representing attorney.
The Adoption Specialist shall provide a copy of the Final Adoption Decree to the State Office Adoption Unit. When the Final Decree of Adoption is received in the Adoption Unit, a letter will be sent to the COR requesting the closed county case be sent to the Adoption Unit where it will be secured in a sealed adoption file. All Direct Services are closed in MACWIS.
Note: If the Resource Family does not follow through with the finalization within 6 months of receiving the adoption approval letter the Adoption Unit will notify the resource family that recruitment efforts for an Adoptive home for the child must be initiated.
When a child's permanent/concurrent plan includes adoption and the child and siblings are not placed together in a permanent home, the Adoption Specialist will begin child specific recruitment for an adoptive family. Within 30 days of receiving the case the Adoption Specialist will compile the initial file for the child, which includes the following:
* Gather and organize all pertinent documents which include:
* background information,
* questionnaires,
* Birth Certificate,
* Social Security card,
* Medicaid card,
* immunization records,
* IEP documentation, and
* report cards
* Meet the child, take pictures, and begin assessing and preparing the child for adoption (See Child Assessment for Adoption and Preparing the Child for Adoption above.)
* Each participant at monthly status meetings will continue to be assigned a child specific recruitment activity until child is placed in a potential adoptive home.
* Pre-placement visitation plan with a potential adoptive family will be outlined at an Adoption Status Meeting.
Legal Base
The Mississippi Adoption Resource Exchange (MARE) was authorized under the MISS. CODE ANN. § 43-15-19, effective July, 1978. This law specifies that "the Department of Human Services shall maintain a MARE Registry, which shall contain a total listing of all children freed for adoption, as well as a listing of all persons who wish to adopt children and who are approved by a licensed agency in the State of Mississippi."
The MARE was established as a resource to aid in meeting the priority goal of Adoption Service to provide a permanent, loving, home for every child who needs one. The Exchange will facilitate bringing together available "waiting" children and families prepared to adopt them.
Implementation Procedures
All children in the custody of DFCS who are legally free for adoption and who have no identified adoptive family must be posted on a photo listing web site in order to comply with the MARE.
The initial biographical sketch and picture of all children freed for adoption with no identified family will be posted by the Adoption Specialist within 10 days of the child being freed for adoption. These pictures and biographical sketches can be viewed directly on the computer in any DFCS office.
Explanation to Child
Prior to posting, the Adoption Specialist should explain to the child, in an age appropriate manner, that he/she is being posted on a photo listing web site in an effort to identify an appropriate adoptive family by allowing other Adoption staff throughout the state to view information to help match a family to the child's needs and desires. Further, it should be explained that the listing is comprised of the child's first name, age, a short biographical sketch, and a color picture.
Posting and Updating
The Adoption Specialist has the responsibility for posting and updating the child's listing with current information. The "waiting" child will be served best when information concerning the child is correct and current. Therefore, the Adoption Specialist shall update the listing of any change in the child's circumstances. Examples of changes that might occur are:
Distribution
MISS. CODE ANN. § 43-15-19,
DFCS adheres to the belief that a child benefits from living in an adoptive home in a location with familiar surroundings, both cultural and geographic. In seeking adoptive homes for children in custody of DFCS, the Adoption Specialist will first explore resources within Mississippi. If there is no appropriate home in Mississippi for a particular child, a referral will be made to Adoptuskids.org. This website involves children and families from across the United States. Placement of a child for adoption will not be denied or delayed when an approved family is available outside of the county or state of jurisdiction.
* Referral forms, including the child's first name, age, a short biographical sketch, and a color picture should be submitted directly to Adoptuskids.org for posting on the website. The referral to Adoptuskids.org shall be made when the Adoption ASWS, RD, or State Office Adoption Unit personnel have reviewed information on the child's case and recommend that referral to Adoptuskids.org is appropriate.
The Adoption Hotline is located in the DFCS State Office and answered by the Adoption Unit Staff Individuals who call the Hotline are provided with basic information on the foster/adopt process and mailed or emailed an application. Callers who express interest in becoming a Home will be mailed an application. The applicant is instructed to return the application directly to the Adoption ASWS in the area where the family resides.
The Adoption Hotline number available in Mississippi is 1-800-821-9157.
Wednesday's Child is a service that helps find permanent, adoptive homes for foster children who cannot return home. The Carlisle Corporation began sponsoring the program in Mississippi in 1987.
All children who are freed for adoption and have no identified adoptive family shall be given the opportunity to be filmed and appear on Wednesday's Child. The Adoption Specialist shall discuss this opportunity with the child and assess the child's receptiveness and readiness to be taped. Children will not be coerced in any way to appear on Wednesday's Child, but will be prepared and assessed for the appropriateness of this recruitment effort.
Children will be prepared and assessed for other child-specific recruitment efforts prior to having any type of public appearance or material submitted to TV, radio, internet, magazine, newspapers or other media. All such child-specific recruitment efforts will be completed with the full knowledge and support of the child for whom the recruitment is being conducted.
Focus on Child's Needs
Families wanting to adopt infants and preschool age children should be informed that there is no assurance of the availability of the type child they desire. Inquiries for children under the age of 6 (non-special needs) will be assessed and the family will be contacted to discuss the possibility of adopting older children or a sibling group.
Priority for "Special Needs" Children
Families who express an interest in adopting "Special Needs" children are given priority in the home study process. "Special Needs" children include those where one of the following circumstances presents a placement barrier:
* Older children, ten to eighteen years old
* Membership in a family group of brothers and/or sisters of two or more
* Emotionally disabled
* Mentally and/or physically disabled
* Medical conditions
* Sexually abused children, children who act out sexually or are sexually active
* Pregnant girls who plan to keep the baby in the Resource Home
* Children with severe behavior problems
Licensing Resource Homes for Adoption Only
Families who are only interested in adopting children can request to be licensed to provide adoption services only. After completing pre-service training, if the family continues to request licensure for "Adoption Only" their application should be re-assigned to an Adoption Specialist and the home study will be completed by the Adoption Specialist serving the family's county of residence.
If a family is applying to adopt a specific child for whom DFCS is actively recruiting an adoptive home, the application should be initially assigned to an Adoption Specialist. Top priority is given to completing home studies for families who are interested in adopting children who are free for adoption and for whom DFCS is actively recruiting an adoptive home.
In order for a family to be licensed for "Adoption Only" they shall meet all licensing standards as outlined in DFCS Licensure Policy, Section F. Families interested in adoption only may be considered for legal risk adoptive placements. A license change adding foster home services must be completed prior to placement of a child in the home who is not legally free for adoption, allowing the family to be eligible to receive foster care board payments. Families licensed as adoption only who accept placement of a child legally free for adoption may be eligible to receive the child's Adoption Assistance beginning at the date of placement.
Any exceptions to licensure policy for "Adoption Only" families shall be requested in writing and submitted to the Permanency Unit Director in State Office. These requests will be considered on a case-by-case basis only for non-safety related items.
The purpose of Placement Committee Meetings is for an Adoption Specialist to present all known information about a child who is in need of a permanent placement to a committee of staff who is familiar with the Resource Family who could possibly meet the needs of the specific child. After learning the child specific information, the staff is then given an opportunity to present information to the committee about a specific family who may be willing and able to meet the child's needs. Once all staff has the opportunity to present a family, the committee will discuss which family seems to be best prepared to meet the needs of the specific child, and then the committee makes a tentative selection with the most appropriate family. Following is the schedule for Placement Committee Meetings:
* Regional Placement Committee Meetings are held monthly.
* Multi-Regional Placement Committee Meetings are held quarterly (2 or more regions meet together, along with private child placing agency staff).
* Statewide Placement Committee Meetings (representatives of each region's Resource Unit staff and private agencies) are held every 6 months. These meetings include telephone conferencing and in person attendees in the State Office.
* Child's Information will be presented to Regional Placement Committee to request a "foster to adopt" or adoptive placement for the child.
* If the child is not matched at the Regional Placement Committee, the child's information will be submitted to the Adoption Unit for statewide distribution to all DFCS Resource staff in order to search current licensed homes for a possible placement match. If any Resource Specialist in the state identifies a possible match, the Resource Specialist will contact the child's Adoption Specialist and present the family at the child's next Adoption Status Meeting.
* If the child is not matched at the Regional Placement Committee Meeting or prior to a quarterly multi-regional Placement Committee Meeting, then he/she will be presented at the Multi-regional Placement Committee Meeting.
* If the child is not matched at Multi-regional Placement Committee Meeting, the child will be presented at Statewide Placement Committee Meeting.
Multi-Ethnic Placement Act (MEPA) of 1994 (P.L. 103-382) and amended in 1996 (P.L. 104-188), prohibits those agencies receiving Title IV-E foster care funds from 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 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.
Placement of a child for adoption is a legal and social process. The child must be legally free for adoption as certified by the AG's Office prior to DFCS entering into an adoptive placement agreement with the new adoptive family. Legal risk adoptive placements may be made prior to the child being legally freed for adoption with legal risk adoptive placement agreements in place.
Many factors must be considered in the selection of the prospective home for a child. The Placement Committee uses its professional judgment in matching families to our awaiting children that best meet the needs of the children.
Among the child-related factors often considered are the child's:
* current functioning and behaviors
* medical, educational and developmental needs of the child
* history and past experience
* cultural needs
* interest and talents
* attachment to current caretakers
Among the factors that agencies consider in assessing a prospective family's suitability to care for a particular child is the ability to:
* form relationships and to bond with the specific child
* help the child integrate into the family
* accept the child's background and help the child cope with his/her past
* accept the behavior and personality of the specific child
* validate the child's cultural background
* meet the child's particular educational, developmental or psychological needs
Once a family has been selected for a particular child, the Adoption Specialist for the child, along with the Adoption Specialist for the family, will make a presentation of the child to the potential adoptive family. The presentation should be done in a face-to-face interview with the adoptive parents. The presentation will include all the information available on the child, particularly information on any special needs, as well as photographs, and video if available. Full disclosure of the child's problems and background, as well as the financial aspects of adoption, must be discussed with all adoptive parents.
The prospective adoptive parent(s) shall have the opportunity to decide whether they consider the child appropriate for them. After being presented all known information about the child, the family should be clearly informed that they are not obligated to accept placement of the particular child and refusal to accept a particular child does not prohibit their being considered for another child at a later time. Regardless of the family's decision, the Adoption ASWS and State Office Adoption Unit should be notified immediately in order that planning may proceed or be changed.
If the placement of the particular child is declined, it is important that the Adoption Specialist evaluate whether the family is refusing placement of the particular child, or manifesting their conflicts about parenthood or adoption. If the family decides to proceed with the placement, the Adoption Specialist will present the family to the child (if age appropriate) using a picture book prepared by the family.
The Adoption Specialist and county staff will formulate a specific placement plan at an adoption status meeting. This plan will outline dates, times, and locations of pre-placement visits and placement along with who will be responsible for transporting the child for each visit. This plan will be confirmed in writing to the child's COR Worker and the Adoption ASWS and the family's Adoption Specialist with copies to the appropriate COR ASWS and RD(s). The Adoption Specialist will share the information with the potential adoptive family and the child's current placement family or staff at placement facility.
The removal of the child from the current Resource Home or placement facility should be planned very carefully. The primary concern should be to prepare the child for separation from his/her Resource Family or staff so that his/her adjustment in the new living situation will be no more difficult than it has to be. To do so, it is important to be supportive of the Resource Family and considerate of their feelings so they will be able to help the child separate from them.
Resource Parents or staff at a placement facility will be encouraged to prepare information for the adoptive parents regarding the child's schedule, habits, likes, and dislikes and other information which will help the child separate from them and transition into a new home.
On the day of placement, the COR/COS Worker is responsible for making sure that all of the child's belongings go with the child. The Adoption Specialist will be responsible for obtaining all necessary documents to give to the new adoptive parents in order to enroll the child in school or day care. These documents will include the school withdrawal forms, immunization records, copy of birth certificate and social security card, and a copy of Medicaid card.
The adoptive parents will be instructed by the Adoption Specialist to write at least one letter or email to the Resource Parents about the adjustment of the child in the new home. Continuing contacts between Resource Parents and the adoptive parents are encouraged.
At the time of placement, the adoptive family will be given the following information on the child.
* written background information and a Comprehensive Child Assessment,
* names and addresses of physicians,
* non-identifying information on the birth parents,
* names, date of birth and address of all siblings,
* placement and case history of the child, and
* current functioning of the child with emphasis on medical, psychological and emotional issues.
On the date of the placement the Adoption Placement Agreement shall be completed. The child will be removed from the foster home status and placed in an adoptive home status. The COR will be notified to enter a placement change and show the child in the new home as an adoptive placement which will end the foster board payment, keep the child/children's Medicaid open. The case on the child remains open in the COR until the finalization of the adoption.
DFCS works in cooperation with licensed private adoption agencies through Purchase of Service Agreements/Contracts for the placement of special needs children. Licensed child placing agencies are invited to attend Placement Committee Meetings and present possible adoptive families. If a child who is free for adoption is placed in a private agency family for the purpose of adoption, the family is eligible to receive an adoption subsidy for the child, and the provider agency is paid for the placement and supervision of the child through a Purchase of Service Agreement/Contract. These contracts are negotiated with each child placing agency prior to placement.
Legal risk adoptive placements may be made with a family who is licensed by a private agency. If the child is approved for therapeutic foster care and is matched with a family who is licensed to provide therapeutic foster care, the placement shall be shown as a therapeutic foster home placement with the appropriate therapeutic board rate. The family shall sign a legal risk adoptive placement agreement if TPR is eminent (child is having no documented contact with birth family and reunification services have ended).
If the child is not approved for therapeutic foster care and is matched with a family licensed by a private agency, the agency representative must agree to the Purchase of Service Agreement/ Contract for their services and the family will receive a basic board payment until the adoption finalizes. Placement is shown with the therapeutic agency, identifying the particular family, and showing the rate type as "regular." A legal risk adoptive placement agreement shall be signed at the time of placement.
A major role of the Adoption Specialist during the supervisory period is to provide support, including assistance with parenting skills, to the adoptive family. The Adoption Specialist supervising an adoptive placement shall be notified of any request for services received in the county during the placement of a child in an adoptive home.
A minimum of six months supervision is required for each adoptive placement. This may be all the time that is necessary for an infant placement. However, the supervisory period will be determined by the adjustment of the child to the new family environment. The six months may be extended, if needed to stabilize the placement. The adoptive family will also be encouraged to attend the Adoption Support Group meetings before placement and after for continued post adoptive support.
Certain questions may be raised by the adoptive parents during the supervisory period. These may include the following:
* Income Tax - Adoptive parents should check with their tax advisor regarding any deductible expense related to adoption.
Adoption Assistance (Federal IV-E or State IV-B) is generally not counted as income on Federal Income Tax Returns and the child receiving Adoption Assistance generally may be counted as a dependent if the adoptive parent contributed a certain amount of the child's total support during the calendar year. Adoptive parents should contact the Internal Revenue Service (IRS) with any questions about whether or not the child may be claimed for income tax purposes.
Federal and State Tax credit information shall be given to all adoptive parents during the process of assessing and preparing them for adoption. This tax credit information shall include the North American Council on Adoptable Children (NACAC) website which maintains updated information regarding the tax credit laws. This website is http://www.nacac.org.
* Insurance - DFCS encourages the adoptive family to apply for health insurance once the child is placed in an adoptive placement. Insurance companies have varying policies about insuring a child prior to completion of adoption. Upon request, the Adoption Unit will supply a statement to adoptive parents for insurance purposes. The Adoption Placement Agreement is often accepted by insurance companies. Omnibus Budget Reconciliation Act 1993 guarantees adopted children the same access to health insurance as birth children. Children are covered at the time of placement and for pre-existing conditions. If a child is on Medicaid and private insurance, the private insurance must be listed as Primary and Medicaid as Secondary.
* Surgery - If the child requires surgery, the COR shall be notified and the consent of the legal custodian or designee shall be obtained.
The aim of supervision after placement is to see the family established. The worker's approach must be positive and helping rather than authoritative. The family should be given adequate interpretation regarding the purpose of supervision to lessen the anxiety which could be created. It should be explained that the Adoption Specialist is a source of security rather than a threat.
The Adoption Specialist also has responsibility for assisting the child and parents to form an integrated family.
For adoptions of very young children, the "telling of adoption" could be a troublesome area. The Adoption Specialist shall emphasize to the adoptive parent(s) the importance of integrating the child's past, as well as present, into the adoptive family through letting the child understand from the beginning that he was adopted. Having grown up knowing that he/she was adopted and having been free to talk with his/her adoptive parents while growing up will help the child cope with identity issues later.
During the supervisory period, the Adoption Specialist will make a minimum of two visits each month to the home of the adoptive family. The first visit will occur within two weeks of placement. The Adoption Specialist will speak to the child in private in the home during the supervisory visits. One visit may occur in a setting other than the home.
The number of contacts with the adoptive family may vary greatly, depending on the individual situation.
When an adoptive placement is at risk of disrupting, every measure shall be taken to preserve the family and prevent disruption. The COR or COS Worker and/or Adoption Specialist, upon receiving indication that an adoptive placement is at risk of disrupting, shall take the following steps:
* The FTM Adoptive Placement Disruption may be attended by conference call for any participant having documented barriers that would hinder attendance.
All states are required by section 422(b)(12) of the Social Security Act to collect and report information on children who were adopted from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption.
If it is determined that removal from the adoptive placement is necessary based on the child's safety and best interest and resulting in a placement disruption, notification to the Adoption Unit in State Office shall be initiated. Adoption ASWS shall ensure the Report of Adoption Disruption or Dissolution Form 557 is completed as thoroughly as possible, and submitted to the Adoption Unit at disruptedadoptions@mdhs.ms.gov.
The MDHS-DFCS 557 form is located on the DFCS Connection under Policy Forms Section B and Section G.
All investigations into reports of maltreatment, including corporal punishment, of children in DFCS custody must be initiated within 24 hours and completed within 30 calendar days, including supervisory approval. All reports of suspected maltreatment shall be reported immediately to Mississippi Centralized Intake (MCI). Immediate danger to the foster child placed in a pending adoption placement requires immediate action on the part of the COR Worker and Adoption Specialist. The COR Worker and Adoption Specialist shall work together to evaluate each case individually and determine if removal is necessary based on the child's safety needs and best interest. (See Section B, Reports of Maltreatment in Foster Care)
After reporting the allegations to MCI all reports involving alleged child abuse and neglect, unusual incidents and other situations or circumstances affecting the health, safety, or well-being of a child shall be promptly reported to the Adoption ASWS and RD. The following steps shall be taken:
* A Serious Incident Report (SIR) shall be completed by the COR Worker or Supervisor and submitted for approval through the automated SIR located at http://dfcsmacweb/SIR
* The RD assigns a Worker who has had training in Maltreatment in Resource Homes /Facilities.
* The Adoption ASWS and Adoption Specialist are notified of the report and may accompany the investigating Worker to the adoptive home.
* The adoptive home is made unavailable for further placements pending the outcome of the assessment. MACWIS does this automatically upon entering the report as a Resource Home.
* The Adoption Specialist provides support to the adoptive family during the time the assessment is being conducted, but may not discuss the assessment itself.
Upon completion of the Abuse, Neglect and Exploitation (ANE) assessment
* The RD and Adoption ASWS shall collaborate regarding the findings of the ANE assessment to determine the best course of action to be taken concerning the adoptive home license status and/or follow up. The Adoption ASWS shall notify the adoptive family in writing of the assessment findings, whether any policies have been violated, and the licensing action taken, if any.
* The letter will be copied to the RD, Adoption Specialist and State Office Permanency Unit.
* The Adoption Specialist will support the adoptive family and provide in-person explanation regarding the current status of the license.
* Licensing actions are based on the assessment outcomes. (Refer to Section F)
Substantiated Maltreatment
If the result of an ANE assessment of an adoptive home before finalization is a substantiated report of child abuse or neglect, the resource license may be revoked and the home may be closed or a corrective action plan put in place to prevent the disruption of the placement and maintain safety, permanency and well-being for the child.
In the event of an adoptive placement disrupting and the child is removed from the adoptive placement; notification shall be given to the Adoption Unit in State Office. The Adoption ASWS shall ensure the Report of Adoption Disruption or Dissolution Form 557 is completed and submitted to the Adoption Unit at disruptedadoptions@mdhs.ms.gov.
The MDHS-DFCS 557 form is located on the DFCS Connection under Policy Forms Section B and Section G.
For further information on policy violations and adverse actions see DFCS Policy, Section F.
At the end of the supervisory period, the Adoption Specialist supervising the placement will prepare a family file, with a memo summarizing the placement and recommending that the family be allowed to finalize the adoption. This file will be sent to the Adoption ASWS for approval. The Adoption ASWS will send the family an adoption approval letter and forward the family file to the State Office Adoption Unit. The State Office Adoption Unit staff will gather all legal documents in order to prepare the packet to send to an attorney for the finalization of the adoption. The Adoption ASWS, upon approval of the recommendation to finalize, will instruct the family to do the following:
A copy of the letter to the family will be sent to the Adoption Specialist. The Consent and Statement of Property, along with other necessary legal documents, will be sent from the Adoption Unit to the family's attorney who will prepare the adoption petition. The attorney or the Chancellor may ask the Adoption Specialist to be present at the time of the Adoption Hearing. The Adoption Specialist should attend the Hearing when requested.
A child over the age of 14 must be made a party to the adoption and must either execute a consent or be personally served with process (MISS CODE ANN § 93-17-5).
The adoptive family has some options on how they will handle the finalization of the adoption:
The Adoption Specialist will need to state which option the family has chosen when the family file is submitted to the State Office Adoption Unit.
If the family chooses to use a private attorney, the Adoption Unit staff will send the legal documents directly to the attorney. Upon receipt of the Final Decree of Adoption and an itemized Statement from the attorney, the Director of the Adoption Unit will request a check be issued to pay the fees.
It is the Adoption Specialist's responsibility to obtain from the adoptive parent(s) a copy of the Final Decree of Adoption which allows the case records to be closed. It will be necessary, of course, for the adoptive parent(s) to request this be provided by their attorney.
A memorandum will be sent from the Director of the Adoption Unit to the COR informing them the Final Decree of Adoption has been granted and requesting the closed county case record be sent to the Adoption Unit. A copy of the memo will be sent to the COS who will route their file back to the COR. The Adoption Specialist for the adoptive family will close the family's case and route it to the Adoption Unit. When closed cases are routed to the Adoption Unit, a cover memo should accompany the case record(s) which indicates the child's original name and the name of the adoptive family so the Adoptive Unit staff can know which cases are to be filed together.
If there is more than one child in the case, the material on the child adopted should be pulled from the County case record and sent to the Adoption Unit. If the material on a particular child cannot be separated from the case file, the County should notify the Adoption Unit in writing.
The Adoption Specialist who provided Adoption COS Services shall enter a closing summary narrative in the child's case in MACWIS. The summary shall address the following:
* Name of adoptive parents
* Date of adoption finalization
* The child/family's need for post-adoptive services
* Information given to the family regarding accessing future post-adoptive services
* Whether an open case management will be maintained by the Adoption specialist in order to provide specific post adoptive services
Closed adoption cases are sealed records under Mississippi State law (refer to MISS. CODE ANN. § 93-17-201-223). NO information can be given from a sealed record unless a court order has been issued by the chancery court that granted the adoption. Any request for information related to a closed adoption case should be referred to the State Office Adoption Unit.
The Social Security Act provides that an adopted child, who was or is eligible for benefits under his birth parents' coverage, may continue to be eligible to receive these benefits after adoption. Families should be told that not every child will be eligible for benefits, but some children will be or may become eligible. They should be told that DFCS will communicate with them about this if their child is affected and that confidentiality will be preserved by DFCS and by Social Security Administration (SSA). They should also be told that they may choose, at the appropriate time, whether or not they wish to apply for benefits.
The following procedure will be initiated after issuance of the Final Decree of Adoption for children formerly in the custody of MDHS and for whom benefits were received by MDHS.
* Social Security benefits received by the COR and not used for the child's maintenance shall be returned to the Social Security office.
* The COR will return to SSA the funds received subsequent to the issuance of the Final Decree, and SSA will be informed that the adoptive parents are being notified that the child may be eligible to receive continuing benefits.
* The Adoption Specialist will notify the adoptive parents of the possibility of continuing benefits.
* The COR will furnish the Adoption Specialist the Claim Number of the worker under whose earnings benefits are to be paid. The Adoption Specialist will in turn give this information to the adoptive family.
* The adoptive parents should then apply for benefits at the Social Security office nearest them. They will be expected to provide the Claim Number mentioned above, and a certified copy of the child's Final Decree of Adoption. If benefits are granted, the Claim Number and the adoptive name of the child will appear on the face of the check.
Should a child be eligible for benefits under the adoptive parents' coverage, the parents are advised to apply under both accounts. Payment will be made under the account which provides for the highest benefit for the child.
The adopted child who was eligible for Veterans' Benefits prior to adoption may continue to be eligible after adoption. Adoptive parents should be made aware of this possibility. Adoptive parents should be told that they will be notified by the Adoption Specialist if their child is affected and that confidentiality will be preserved by the DFCS and by Veterans Administration.
The following procedure will be initiated after issuance of the Final Decree for children formerly in the custody of DFCS and for whom the DFCS received benefits:
* Veterans' Benefits received by the COR and not used for the child's maintenance will be disbursed to the adoptive parents for the benefit of the child when the Final Decree of Adoption has been issued.
* The COR will return to Veterans Administration funds received subsequent to the issuance of the Final Decree, and Veterans Administration will be informed that the adoptive parents are being notified that the child may be eligible to receive continuing benefits.
* The Adoption Specialist will notify the adoptive parents of the possibility of continuing benefits and request that the adoptive parents authorize the COR in writing to furnish their names and address to Veterans Administration. The adoptive parents should be told that when their names and address are furnished to Veterans Administration, they may expect a representative of that agency to call on them. The Veterans Administration is required to contact the child periodically throughout his eligibility for benefits.
18 Miss. Code. R. 6-1-G-IV