18 Miss. Code. R. 7-1-XIII

Current through December 10, 2024

Section 18-7-1-XIII - INTERSTATE COMPACT IN THE PLACEMENT OF CHILDREN

(MS Code § 43-18-1 to § 43-18-17 See Appendix)

A.Placement with a Birth Parent:

1. Whenever a child is under the jurisdiction of an appropriate court and proposed to be placed with one or both birth parents, the Compact requires the sending agency to retain jurisdiction over the child. The court in the sending state retains its responsibility for the child until dismissal.

B.Placement with a Relative:

1. Whenever a child is under the jurisdiction of an appropriate court and proposed to be placed with relatives, the Compact requires the sending agency to retain jurisdiction over the child. The court in the sending state retains its responsibility for the child until dismissal.

Note: Some states require the relative of a child to satisfy the foster home licensure standards.

C.Placement with a Resource Family:

1. A child placement with a Resource Family may occur in one of two ways:

a. The child is voluntarily placed into foster care by the child's birth parent (s) for a specified period of time, or

b. The child is under the jurisdiction of a court and a public or private child welfare agency, which is the child's custodian, and places the child into a resource home as required by the court.

D.Placement with a Residential Treatment Facility:

1. Children may be placed in a residential treatment facility under the following circumstances:

a.The parent(s) of a child voluntarily place their child into a facility they have selected.

b. A child who has been adjudicated delinquent may be committed to a facility by a court.

c. With the approval of the court, a child is placed into a facility by the public or private child placing agency that is the child's custodian.

Note: ICPC does not approve the placement of children in unlicensed facilities.

E.Placement for Adoptions:

1. Adoption is a complex event involving the child, the child's birth parents and the adoptive parent(s). It requires activity from social work practitioners, the legal profession and the court. It is essential for the participants to understand the dynamics involved in adoption. Adoption may include domestic (adoption of a U.S. citizen or resident alien) or international (adoption of a child from a country other than the United States or its territories) issues.

a. The adoption may be handled by:

i. the public child welfare agency in your state

ii. a licensed private (for profit or non-profit) child placing agency

iii. a private attorney

F.Private Agency and/or Independent Adoption Referral:

The following documents are required to complete the Interstate Compact on the Placement of Children (ICPC) referral of a child who will be placed for adoption in another state:

1. Form ICPC-100A completed and signed by the person with authority to be the "sending party" as defined in Article II (b) of the Compact (five (5) copies)

2. A written statement (notarized and/or court approved) that explains how the prospective adoptive parent(s) were selected by the birth father and /or birth mother (three (3) copies)

3. Genetic history on birth father and birth mother (attached outline may be used) (three (3) copies)

a. The history must include information about the father and mother of each birth parent as well as information about the paternal and maternal grandparents of each birth parent.

4. Birth and current health information for child to be adopted (including immunizations) and a medical report signed by examining physician (three (3) copies)

5. Termination of parental rights court orders (three (3) copies) on

a. Legal father

b. Birth father

c. Putative father(s)

d. Birth mother.

OR

6. Voluntary consent/relinquishment to adoption (three (3) originals) signed by:

a. Legal father

b. Birth father

c. Putative father(s)

d. Birth mother.

7. If termination of parental rights is required but has not yet occurred, include the plan and time frame for obtaining a court order that terminates parental rights of all fathers and birth mother (three 3 copies).

8. If termination of parental rights has not yet occurred, include a notarized statement signed by the adoptive parent(s) that acknowledges that they are aware of the legal risk involved in proceeding with the adoption (three 3 copies).

9. A legal document (court approved, if necessary) that confirms the authority of the "sending agency" to place the child for adoption (three 3 copies)

10. Adoptive family assessment (home study) on the prospective adoptive parent(s) completed by an authorized person/agency within the preceding twelve (12) months (three 3 copies)

11. If the adoption involves a child from a country other than the United States, the home study must give particular attention to:

a.Adoptive parents' cultural sensitivity regarding the child's country of origin

b. Adoptive parents' motivation to adopt a child from another country

c. Adoptive parents' commitment to promoting retention of the child's heritage, customs, language, etc. from the country of origin

d. Adoptive parents' child rearing philosophies, methods of discipline and experience in child rearing, as well as their cognizance of the child's prior experiences in these areas in the country of origin

e. Adoptive parents' awareness of potential problems involving language barriers and culture shock when the child arrives in the United States and the parents' ability to help the child make the necessary transitions to American life (urban, suburban or rural, as applicable)

f. Verification of training.

12. A written statement (notarized and/or court approved) (three (3) copies) showing:

a.If any money or gifts have been or will be exchanged either directly or indirectly between the birth parent(s) and adoptive parent(s)

b. Whether or not the birth parent(s) and adoptive parent(s) know each other's identities

c. If any future contacts will occur between the birth parent(s) and the adoptive parent(s).

Documents referenced above (one (1) twelve (12)) shall be forwarded to the Department within thirty (30) days of request.

G.Home Study Related Provisions

Title IV-E Foster and Adoptive Home Study Requirements. The law adds two new Title IV-E State plan requirements at section 471(a)(25) and (26) to the Act.

1. Under section 471(a)(25), a State is required to have in effect a procedure for the orderly and timely interstate placement of children. Such procedures that are implemented consistent with an Interstate Compact and that meet the timely home study requirements that follow at section 471(a) (26) are considered to satisfy this provision.

2. Under section 471(a)(26), a State is required to complete and report on foster and adoptive home studies requested by another State within forty-five (45) days.

3. The State that requested the home study must accept the completed home study unless within 14 days of receiving the report the State determines that reliance on the report would be contrary to the child's welfare.

4. The parts of the home study involving education and training of prospective foster and adoptive parents do not have to be completed within the same forty-five (45) day timeframe. Further, States are permitted to contract with a private agency to conduct the home study.

H.Types of cases which are subject to ICPC:

1. Birth parent unification or reunification whenever a court has jurisdiction of child to be placed

2. Kinship care by relative(s) whenever a court has jurisdiction of child to be placed

3. Foster family care more than thirty (30) days

4. Foster group home care more than thirty (30) days

5. Residential Treatment Facility:

a. For ICPC children by parent, agency or court

b. For Interstate Compact for Juveniles children, refer to Article VI of the Compact

6. Adoption:

a.Domestic within the United States or its territories:

i. by public agency

ii. by private licensed child placing agency.

b. International:

i. adopted abroad by a single adoptive parent or by both adoptive parents AND the United States Citizenship and Immigration Services (USCIS) has issued an IR-4 visa for the child

ii. adopted abroad by "proxy"

iii. adopted within the United States

I.Private Adoption Entity Checklist From Mississippi to another state:

Private adoption packet should contain five (5) copies of the 100A and three (3) sets of every other document.

1. 100A completed on each child (Type 100A):

a. Child's name consistent with name on birth records or explanation; proof why different

b. Date of birth consistent with DOB on birth records

c. Correct entity for planning/financial responsibility

d. Prospective adoptive parent name/address/phone number

e. Lists where adoption finalized

f. Sending agency custody

g. Name & address of supervising agency/individual

2. Cover letter:

a.Shows name and phone number of agency handling the adoption

b.Indicates adoption will be finalized in Mississippi

c.Addresses how birth/legal father(s) rights will be terminated (if applicable)

d. Lists all contents of packet

e. Signed by entity representative

3. Consent signed by birth mother:

a.Signed after birth of child (notarized and signed seventy-two (72) hours after birth ...OR... ten (10) days if Indian Child Welfare Act (ICWA))

b. Shows that child has been relinquished to adoption entity

c. Consent signed by birth father. (If no consent, be sure cover letter addresses how termination of rights will be completed) AND at-risk agreement is signed by prospective adoptive parents

4. Social, family and medical information on birth parents, including physical description of birth mother and father(s)

5. American Indian statement. (If yes, proof that tribe was notified and ICWA at-risk agreement signed by prospective adoptive parents or signed statement by Indian birth mother that she does not want the tribe notified and at-risk agreement signed by prospective adoptive parents)

6. Narrative/forms on birth mother/birth father history (reasons for decision to place child for adoption)

a. Counseling summary reflecting that birth parents were advised of alternatives to adoption and that they chose adoption from available alternatives

7. Hospital birth and delivery form:

a.Document must be legible (if child one (1) year or older, must have copy of exam completed within six (6) months of proposed placement request)

b. Legible copy of hospital discharge signed by a hospital official, which identifies child's medical condition at time of discharge

c. Copies of any medical reports/assessments, etc. if applicable

d. If child has any special needs a more detailed assessment is required and approval by the Department is needed for a child to leave state.

8. Home study within one (1) year with provider information:

a.Must include name, address, and phone number of the agency and individual completing home study

b.Copy of current professional license

c.Criminal history checks must be within twelve (12) months. (Criminal background, Central Registry check and fingerprinting).

d. Post placement supervisory agreement

9. Legal Risk Statement:

a. Signed by prospective adoptive parents or Termination of Parental Rights Order on birth parents

b. Initial disclosure to adoptive parents/ receipt of disclosure signed by prospective adoptive parents.

18 Miss. Code. R. 7-1-XIII