18 Miss. Code. R. 6-1-H-II
ICPC is a "uniform law" enacted by all 50 states, the District of Columbia and the U.S. Virgin Islands, to ensure protection and services to children who are placed across state lines and is open to joinder by all U.S. territories/possessions and, with consent of Congress, Canada and any/all its provinces.
The Compact is designed to give each child requiring placement across state lines the maximum opportunity for appropriate and desirable care, to insure that both sending and receiving authorities are able to make informal decisions regarding the suitability of a proposed placement, and to establish and maintain jurisdictional responsibility.
Mississippi joined the Compact as a Member State in 1976 via State statute MISS. CODE ANN. § 43-18-1 establishes that MDHS/DFCS has statutory responsibility to ensure that all private and public child placing agencies, licensed or approved to operate in the State of Mississippi, comply with Compact procedures in the movement of children into or out of Mississippi. Furthermore, approval for the importation of children for placement in a Mississippi home is the legal responsibilities of MDHS under the authority of the Administration of Child Welfare Act (MISS. CODE ANN. 43-18- 3).
The primary purpose of Safe and Timely Interstate Placement of Children in Foster Care Act of 2006 ( P.L. 109-239 ) is to improve protections for children and to hold States accountable for safe and timely placements of children across State lines. The Act mandates states to complete an interstate home study within 60 days after a home study request is received. If failure to complete the home study within this period is beyond a state's control (e.g., background checks), then the law allows an additional 15 days; total of 75 days for completion. Incentive payments to states for timely home studies are provided if the State completes the interstate home study in 30 days or less.
The Improving America's Schools Act ( P.L. 103-382 ) contains the Multi-Ethnic Placement Act of 1994 (MEPA). An amendment to this Act is part of the Small Business Job Protection Act of 1996 ( P.L. 104-188 ) and is known as the Interethnic Adoption Provisions Act of 1996 (IEP). MEPA-IEP prohibits agencies receiving Title IV-E foster care funds from
deny[ing] any person the opportunity to be an adoptive or foster parent ... or delay[ing] or deny[ing] the placement of a child ... solely on the basis of race, color or national origin of the adoptive or foster parent or the child ... ( PL 103-382, § 553 a.1.A-B)
These factors must be applied on an individualized basis, not by general rule "in the best interest of the child."
Neither race, color, nor national origin (RCNO) of a child or prospective caregiver may be considered in the placement selection process for a foster child unless an individualized assessment reveals that such consideration is in the child's best interests. Culture may not be used as a proxy for RCNO. Placements may not be delayed or denied on the basis of RCNO of the child or the provider.
To ensure that the heritage of Indian children is recognized, protected, and monitored in and out of state, the following information concerning a child's Native American Heritage should be included with the ICPC request:
Multi Ethnic Placement Act (MEPA) and Title VI do not impact the placement preferences for an American Indian child who is a member of, or is eligible for membership in a federally recognized tribe. MEPA and Title VI apply fully to American Indian children who are not covered under ICWA.
18 Miss. Code. R. 6-1-H-II