18 Miss. Code. R. 6-1-D-VI

Current through August 31, 2024

Section 18-6-1-D-VI - RESOURCE HOMES IN ANOTHER JURISDICTION

A.Moving a Mississippi Resource Home to Another State

There are times when it is necessary for one state to ask another to license a Resource Family Home. This request usually comes about because of one of the following situations:

1. The Resource Family is preparing to move to another state and DFCS's plan is to allow the foster child to accompany them.

2. Relatives or friends of the foster child live in another state and wish to be licensed to provide care for the child.

3. A sibling of the foster child is placed in the custody of the receiving state and the Resource Parents of the sibling wish to provide care for the other child, also.

It is always preferable for the state of residence of the proposed Resource Parents to follow that state's standards and forms when the home is being studied and licensed.

When the licensed Resource Parents decide to move out-of-state and wish to continue to care for their foster children, a casework decision regarding the movement of the foster children must be made by the COR and the ASWS.

Factors to be considered include:

* Child's permanent plan

* Length of present care

* Child's adjustment in the Resource Home

* Estimated future length of care

* Child's relationship with legal/biological parents

* Frequency of contact with legal/biological parents

* Child's age and his wishes regarding the move

* Problems related to special needs children and whether the Resource Family has particular skills to meet those needs

If the decision is made to allow the foster child to move with the Resource Parents, the following procedures shall be used:

1. Permission for all moves out-of-state must be received from the Youth Court Judge holding jurisdiction of the child. It is also recommended that permission from the legal parents be secured.

2. If the foster child(ren) are from different counties, a decision will be made by all appropriate ASWSs and RDs designating one county to handle all correspondence with the other state agencies.

3. In advance of the move, interstate compact procedures should be followed, as outlined in DFCS, Section H "ICPC Policy".

4. A thorough explanation should be given to the Resource Parents of DFCS' continuing legal and financial responsibility for the child, as well as for the need for cooperation with the receiving state's Child Protective Services regarding supervision and licensure.

5. The Worker will explain the issues surrounding Medicaid benefits in the other state and the need to ensure the child's eligibility for continuing Medicaid benefits in the other state.

6. Mississippi Resource Board rates will apply.

B.Board Payments for Mississippi Foster Children in Other States' Resource Homes

Occasionally a Mississippi foster child is removed from his original out-of-state placement and is placed in one of the supervising state's licensed Resource Homes. If that state requires a higher board payment than Mississippi pays, the COR will either use county funds to make up the difference or the state should return the child to Mississippi.

C.International Movement of Resource Homes/Foster Children

Occasionally Resource Parents move outside the United States and request that the foster children placed in their home be allowed to move with them. International movement presents technical and legal concerns:

1. The court will lose jurisdiction of the child;

2. Mississippi has no reciprocal agreement with other countries regarding custody or social services;

3. There could be no use of Medicaid;

4. Licensing of the home and supervision of the child would have to be provided by another agency.

If the move to another county is permanent, DFCS will not initiate action toward this end. The Resource Parents may petition the court for custody, and the court will then make a decision. County staff will cooperate with the court in providing any information or services requested by the court.

If the move is temporary, such as business or armed services transfers, and there are definite plans for the family's return to the United States, the decision regarding the foster children's move with the Resource Family shall be made by the ASWS and RD, with approval by the Director of the Permanency Unit or his/her designee. It is also necessary to receive written judicial and parental consent for the move.

Prior to seeking final approval from the Director of the Permanency Unit or his/her designee, the Licensure Specialist or Worker shall formulate and conclude an Agreement with International Social Services, or another recognized social agency, for DFCS to supervise the child and license the home. The county correspondence with the other social agencies shall be routed according to interstate correspondence procedures.

The Resource Specialist will prepare three copies of a memorandum to the Director of the Permanency Unit or his/her designee requesting approval. The memorandum shall outline circumstances of the international move, the expected date of departure and return, the rationale for the request, and the plan for supervision and licensure. A copy of the written authorization from legal parents and/or the Youth Court Judge for the move shall be attached. One copy shall be placed in the child's file, and the original with accompanying judicial and parental authorization routed to the Director of the Permanency Unit or his/her designee for final approval.

D.Medicaid Cards for Foster Children from Other States

The Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) allowed Title IV-E Foster Children and children receiving Title IV-E Adoption Assistance to be eligible for Medicaid coverage in the state where they reside. These children are automatically eligible for Medicaid coverage.

Request for Medicaid Cards for Title IV-E Foster Children

To obtain a Mississippi Medicaid card for Title IV-E foster children from other states living in Mississippi, the following procedure is used:

1. The child's foster care Title IV-E status information will be provided from the state of origin with the request for supervision through the Interstate Compact on the Placement of Children. This information will include the child's social security number and the child's date of birth.

2. The licensure of the home will be completed by the Regional Resource Unit. The county Worker will complete the eligibility screens in MACWIS.

3. The IV-E/Child Welfare Services (CWS) Eligibility Determination Unit will enter Title IV-E Eligibility information into MACWIS.

All requests to other states for placement and supervision of foster children through the ICPC should indicate whether the child is Title IV-E eligible. For Title IV-E eligible children the following information is needed:

1. Child's name, race, sex, date of birth and social security number; and

2. A statement as to whether the child has any third-party resources such as Champus, etc., which makes medical care available to the child.

18 Miss. Code. R. 6-1-D-VI

Amended 5/7/2015

Amended 5/29/2015

Amended 8/29/2015

Amended 11/28/2015

Amended 6/23/2016

Amended 7/31/2016