18 Miss. Code. R. 6-1-D-IV
An ASWS with an advanced degree in social work or related field must be involved in the decision making process before approval is given to remove a child from their home and placement into foster care. Authorization from the Youth Court Judge must be obtained for all removals and placements of a child into foster care. Under no circumstances, even emergencies, shall foster children be taken to the home of a DFCS employee. |
If a determination is made that placement is required, the Worker shall document in the case file and provide information to the judge which supports the following:
* The circumstances in the home which presented a substantial risk of harm to the child.
* The efforts made by the Worker to prevent placement; specific services and supports provided to the family; and why such efforts failed to prevent the child's removal.
A Parent/Caretaker/ or Legal Guardian will be notified prior to, or as soon as safely possible, that his/her child is being placed in custody. In situations where there is a non-custodial parent, the Worker shall make all efforts to notify said parent prior to the shelter hearing. When this is not possible, workers will adhere to the diligent search policies.
Worker shall make efforts to notify the custodial parent(s) of a sibling(s) of a child being placed in custody as amended in MISS. CODE ANN§ Statue 43-15-13 (3).
MISS. CODE ANN. § 43-15-13(3), states DFCS "shall make all possible contact with the child's natural parent(s) and any interested relative for the first two (2) months following the child's entry into the foster care system." Diligent Searches include but are not limited to all forms of verbal or written contact, including:
The Worker should document all efforts monthly to identify/locate the birth parent whose identity is unknown or whose identity is known but whose address is unknown. This list above is not inclusive and staff may use other methods and/or measures as appropriate.
The mother of a child may orally, or in writing, name the putative father of the child to the Worker or someone else. If the mother indicates X is the biological father (and X is not the legal father), then X is a putative father. In such case, the mother shall be assisted by the Child's Worker to complete the Form MDHS-SS-459A, Mother's Statement Naming Father of Child. (See Appendix D)
Once a putative father has been named, the Worker shall contact him to discuss his role as parent. He shall be referred to the DFCS of Child Support and asked to sign a notarized form, "Affidavit Admission of Paternity." (See Appendix E)
If he denies paternity and wants to surrender or waive all his rights, he shall be assisted by the Worker to execute form MDHS-SS-459, "Surrender of Parental Rights and Consent to Adoption" a specialized form for which the Worker must obtain authorization to accept from the State Office Adoption Unit. Once the putative father signs MDHS-SS-459 "Surrender of Parental Rights and Consent to Adoption" form, DFCS is no longer obligated to involve him in the planning for the child.
18 Miss. Code. R. 6-1-D-IV