18 Miss. Code. R. 6-1-D-VII
Prior to placement, the Worker will discuss with the Resource Parents or the child caring agency staff when the child is being considered for placement. The Resource Parents or child caring agency staff will be given enough information about the child to enable them to make a decision as to whether or not they can accept the child.
When a child is placed in a Licensed Resource/Relative/Group Home/Facility, or Court Ordered Placement, the Worker shall provide foster parents or facility staff with the foster child's currently available medical, dental health, educational, and psychological information, including a copy of the child's Medicaid card. DFCS shall gather and provide to resource parents or facility staff all additional current medical, dental health, educational, and psychological information available from the child's service providers within fifteen (15) calendar days of placement.
An original and copy of DFCS, "Foster Child Information Form," will be completed before the child is placed in the home or facility. The original and copy will be given to the Licensed Resource/Relative/Group Home/ Facility personnel or court ordered placement resource to sign. A copy of the signed form will be given to the provider and the original will be filed in the case record.
The information to be shared includes:
* Child's name and date of birth;
* Current medical, psychological, and dental health including the following:
* Physical disabilities,
* Immunizations,
* Existing illnesses including but not limited to HIV/AIDS,
* Medications,
* Dental status,
* Date of Early Periodic Screening, Diagnostic and Treatment (EPSDT) screening appointment and/or referral appointments,
* Special care needs.
* Education (grade level, past grades, attendance patterns, tutoring needs, educational expectations, achievements)
* School-aged child must attend school even while in temporary shelter care;
* Relationship with family (parents, siblings, extended family or significant others);
* Reason for placement in foster care (neglect, abuse, etc.). Worker needs to be specific when sharing information with Resource Parents. For example, the child does not relate well to men due to sexual abuse; or child may hoard food or search for food in garbage cans due to hunger;
* Reasons for changes in placement;
* Custody Case Plan (services to be provided to child, permanent plan);
* Visitation plan with biological parents;
* Any other information regarding the child which may be helpful to the Resource parents or child caring facility staff in determining the appropriateness of the child for the home or facility and/or if the home or facility can meet the child's needs.
Because of the various types of licensed residential child caring agencies and services offered by each, it is necessary for the Worker or ASWS to determine, prior to placement, if the services, program, and policies of the child caring agency will serve the best interest and needs of the child.
The Worker will discuss with the facility staff DFCS' policies, practices and expectations of the facility in meeting the child's needs. If the facility is not willing to comply with policy regarding children in DFCS custody, placement of a child in that facility is not appropriate and another resource must be considered. Upon the placement of the child the facility becomes the Agency of Service.
The following is a non-conclusive list which the Worker and licensed child caring agency staff must discuss, and have a clear understanding of, prior to placement of child:
* Residential Services Application;
* Admission criteria (required material and forms, the agency's internal acceptance procedure, and the method of assigning the child to a group or cottage);
* Case planning responsibility;
* Family Serviced Plan (FSP) which includes the child's permanency plan. It is the responsibility (of the county Worker and Agency of Service staff to communicate information affecting the plan);
* Monthly staffing requirement with Agency of Service staff regarding the child's progress/lack of progress, continuing appropriateness of placement, etc.;
* DFCS requirements for quarterly (monthly, if contractual) progress reports from the Agency of Service, unless a specific arrangement has been made with an individual DFCS Worker. Reports shall include individualized information such as the child's progress, special needs or problems, overall adjustment, services being or to be provided, etc.;
* Provisions for Worker to have two face-to-face contacts with the child monthly (weekly contact shall be required the first month of placement. If necessary the COS should be asked to make these contacts and documentation of contacts filed in child's case record;
* Agency of Service's provision for face-to-face contact with facility staff (i.e. Worker, counselor, etc.) and child for purpose of ongoing counseling, and supervision;
* Agency of Service's willingness to obtain needed services (medical, dental, psychological testing or counseling) or coordinate with DFCS Worker to ensure such services are obtained within specific time frames;
* Child's educational needs and provisions for appropriate education, special needs (i.e., tutor, etc.), and surrogate parents, when applicable;
* DFCS Policy and approval regarding visitation between child and his parents, siblings, relatives or other unrelated persons, including prior approval for out-of-state trips; DFCS policy prohibiting cancellation of visits as a disciplinary action; Agency of Service practice regarding visitation with related or unrelated persons, and any required visitation away from the facility, as well as documentation of any visitation;
* Case review system, notification to child and Agency of Service of date and time of review, child's right to attend case review and importance of DFCS staff participation;
* Financial information such as board payment, Medicaid coverage, and clothing allowance, county's provision for allowance, DFCS' requirements for special needs, etc.;
* DFCS policy regarding discipline: Corporal punishment is not allowed on any child for any reason;
* Reporting incidents of abuse and neglect;
* Conditions which may result in discharge or removal from the Agency of Service and the time frame for notice of removal and discharge;
* Provisions for meeting the child's needs and rights (i.e., nutrition, physical care, supervision, emotional security, religion, social and recreational activities, etc.).
If a child in DFCS custody has been prescribed a psychotropic medication by a qualified mental health professional or licensed medical professional with expertise in children's mental health, the COR Worker shall obtain in writing the following information before approving the use of the medication:
* The prescribed psychotropic medication;
* The amount of the dosage;
* The dosage recommended by the manufacturer or the United States Food and Drug Administration;
* The reason for the medication;
* The efficacy of the medication;
* The side effects of the medication;
* Whether this medication has been approved by the FDA for use by children.
Resource parents, child care provider, group home, residential facility or hospital staff may not give a child in foster care any psychotropic medication without the permission of the child's COR Worker, the COR supervisor and consultation with the DFCS Nurse (located in the Resource Development Unit). |
* The DFCS COR Worker shall staff with the supervisor any request for psychotropic medication before giving any approval for said medication; and the approval should be documented in the child's case record;
* A "Consent Form" must be signed by the COR Worker and approved by the COR supervisor before this medication may be dispensed; (see Appendix H)
* The child's parent(s)/guardian should be notified regarding the recommended medication, unless the parent's parental rights have been terminated.
* The resource parent shall not provide consent for psychotropic medication to be administered for any foster child;
* The resource parent shall notify the COR Worker or COR supervisor if a foster child in their care has been prescribed a psychotropic medication.
Following the decision to place the child, at least one pre-placement visit of the child to the Resource Home or child caring facility should be arranged as a means of helping the child, the biological family, and the Resource Parents or DFCS staff move more comfortably into the placement situation. Ideally, a FTM should be conducted in which the child, the biological parents, and the Resource Parents are all in attendance in order to facilitate the placement and reduce the trauma of removal and separation from family.
The information on the "Foster Child Information Form" should be provided to the prospective caregiver prior to placement. In case of an emergency placement, when all of the above information may not be available, the Worker shall provide known information verbally and within fifteen (15) calendar days provide the caregiver the completed "Foster Child Information Form," which he/she will sign. A copy of the form will be given to the caregiver and the original should be filed in the paper file and documented in MACWIS.
If this is the initial placement, within five (5) working days of the placement, arrangements must be made for initial clothing for the child.
If placement is in a licensed child caring facility, the Worker shall plan the date of placement with staff and inform the child. The Worker shall take an original and copy of the completed "Foster Child Information Form," for their signature, and any other items which may be necessary or were discussed at the pre-placement visit. The Worker shall be prepared to sign permission for medical treatment, etc. and make arrangements with facility staff for visitation with the child. If the child is in need of clothing, provisions for purchase of clothing shall be arranged.
The following documentation will be completed during the placement process, filed in the child's case record, and entered into MACWIS:
The Comprehensive Family Assessment (CFA) is essential in the effort to achieve desirable outcomes related to safety, permanency, and well-being. The CFA is founded in and dependent on critical and analytical thinking applied to the issues identified during the investigation and initial assessment, the information revealed from safety and risk assessments, the identification of the individualized needs of the family, and the identification of the strengths and protective capacities of the family.
The identification of causes of issues and analysis of underlying issues are essential in the CFA which is necessary to begin an effective plan of service delivery and continues throughout the life of a case.
The CFA is completed by the Worker in MACWIS and submitted to the ASWS for approval within thirty (30) calendar days of case opening and any time there is a Review, Add/Change, Custody Change, or Final FSP.
When a placement is at risk of disrupting, every measure must be taken to ensure placement stability, if possible. Upon receiving indication that a placement is at risk of disrupting, the following steps shall be taken:
A FTM for the purpose of preventing the disruption shall be convened upon receipt of any information from the child, resource parent, or any other reliable source indicates that a placement may disrupt. The meetings may be attended by conference call for any participant having documented barriers that would hinder attendance. The meetings shall be documented in MACWIS as a FTM.
The participants of the meeting shall consist of the child's parent(s), COR Worker, COS Worker (if applicable), the COR Worker's ASWS/designee, Resource Parents, and if appropriate, the child. During the meeting, the following shall be determined:
If the placement disrupts on an emergency basis, the meeting shall be held within five (5) calendar days after the disruption to assess whether the child needs additional support services and whether the new placement is appropriate. All participants listed above (if available) shall attend such meetings.
No foster child shall be moved from one placement to another unless the COR Worker specifically documents justification for the move, and the placement is approved in MACWIS by the COR ASWS.
Children who experience multiple placements must receive additional support and services, including identification of new Resource Parents who have suitable skills and characteristics to meet the child's needs or obtaining a referral for a temporary placement in a treatment facility when the child's needs cannot be met in a home setting.
Once a child is placed in a Resource Home, the child may not be moved from an existing placement to another foster placement, except in emergency situations, unless DFCS specifically documents to the court and in the child's case record the justifications for that move and the move is approved by the assigned supervisor.
The DFCS shall provide Resource Parents, custodial grandparents or other custodial relatives with at least 72 hours' notice of departure for any child, except in emergency circumstances or where the court orders other placement.
The Resource Parents, custodial grandparents or other custodial relatives of the child shall have the opportunity to contest the specific reasons documented by DFCS for the removal.
If the child is placed back in the parent's home and later has to be removed again, the former Resource Parents or relatives will have the right of return placement in order to eliminate additional trauma to the child. Return placement is contingent upon the Relatives or Resource Homes current approved/licensed status.
Family engagement is an ongoing process of involving the family from the initial investigation throughout the life of the case. The Worker must engage the family, extended family members, and formal and informal support networks through FTMs to help them make a permanent plan for the child. The family should be considered as the experts of their situation and should identify the problems and solutions to these problems with the assistance of the Worker and their formal and informal support systems. The Worker will work with the family to develop an adult and child Individualized Service Plan, listing tasks and goals needing achievement to facilitate the permanent plan.
To meet the case plan requirements of 42 U.S.C. 675, §§ 471(a)(16), 475(1), 475(5)(A), (D), (H), 475 A the following are criteria to help determine the appropriateness of and necessity for placement of a child. The case plan for each child:
* Is a written document which is a discrete part of the case record and which is developed jointly with the parent(s)/ guardian(s) of the child;
* Is developed within thirty (30) calendar days from the date of removal from the home.
* Includes a description of the services offered and provided to prevent removal of the child from the home and to reunify the family;
* Includes a description of the type of home or institution in which the child is placed;
* Includes a discussion of the safety and appropriateness of the placement and how DFCS will carry out the judicial determination made with respect to the child, in accordance with § 472(a)(2)(A) [42 U.S.C. 675]
* Includes a plan for assuring that the child receives safe and proper care and that services are provided to the parent(s), child and foster parents in order to facilitate the child's return to his/her own safe home or for the permanent placement of the child;
* Includes a plan for assuring that services are provided to the child and foster parents in order to address the needs of the child while in foster care;
* Includes a discussion of the appropriateness of the services that have been provided to the child under the plan;
* Where appropriate for a child 14 or over, includes a written description of the programs and services to help the child prepare for the transition from foster care to successful adulthood. With respect to a child who has attained 14 years of age, any revision or addition to the plan must be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a resource parent of, or caseworker for, the child. The State agency may reject an individual selected by a child to be a member of the case planning team at any time if the agency has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child's case planning team may be designated to be the child's advisor and as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.
* 90-day period immediately prior to the child's 18 th birthday, or such greater age as the state may elect under section 475(8)(B)(iii), whether during that period foster care maintenance payments are being made on the child's behalf or the child is receiving benefits or services under § 477, the caseworker provides the child with assistance and support in developing a transition plan that is personalized and includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and is as detailed as needed; and
* Includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State/Tribal law to make such decisions, and ;
* Provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State/Tribal law, and is as detailed as the child may elect.
* Documents the steps to finalize a placement when the case plan goal is or becomes adoption or placement in another permanent home in accordance with §§ 475(1)(E), (5)(E), and 475A(a)(1).
When the case plan goal is adoption, at a minimum such documentation shall include child-specific recruitment efforts such as the use of tribal, state, regional, and national adoption exchanges including electronic exchange systems to facilitate orderly and timely placements.
(see 45 CFR 1356.21(g)(1)(2) and (4); 42 U.S.C. 675 §§ 475(1)(A)(B)(D) and 475(5)(H)
The FTM provides the opportunity to learn about the family's strengths and needs and to engage in the assessment and planning processes. If possible a FTM should be held prior to custody to allow the Worker and family to identify an appropriate placement for a child.
Within thirty (30) calendar days of a child's entrance into foster care, the DFCS Worker shall convene a FTM with the Worker, the Worker's direct supervisor/designee, the foster parent(s)/facility representative (if applicable), the child's parent(s)/guardian, other family members (if appropriate) and the child unless there is justification for excluding the child from the planning process.
If there is any reason for one of the above mentioned parties' absence from the FTM justification will be documented in MACWIS. Whenever the whereabouts of one or both parents is unknown, a diligent search shall commence immediately (see Diligent Search).
During the FTM, service plans, and visitation plans shall be developed for both the child and the parent(s) with the participation of all team meeting participants. Additionally, the FTM shall include a discussion around the child's daily routine, preferred foods and activities, needed therapeutic or medical care, allergies, cultural practices, and educational information. If possible, during the FTM the Worker/parent/Resource Parent shall explain to the child:
Additionally, a Worker may determine that an IM is needed to gather more specific information.
Each service plan shall be reviewed and updated at a minimum once every ninety (90) calendar days at a FTM with the Worker, the Worker's direct supervisor/designee, the foster parent(s)/ facility representative (if applicable), the child's parent(s)/guardian, other family members (if appropriate) and the child unless there is justification for excluding the child from the planning process.
If the child's placement changes, or there is a significant change affecting the child or his/her family, a FTM shall be convened and the FSP must be updated within thirty (30) calendar days of the date of change reflecting the decisions made as a result of the meeting. The COR Worker shall make arrangements for the date, time, and location and also facilitate the meeting.
In instances in which it is impossible to meet with one or both parents, the planning process will proceed as described above, notwithstanding the parent's absence.
It is important to note that the FTM must be held in enough time for the FSP review to be approved within ninety (90) calendar days.
Prior to case closure, a final FTM will be held to develop an Aftercare plan that identifies all of the services needed or desired and the steps for obtaining these services to help ensure that the conditions that led to the child's placement in foster care have been addressed. (see "Post Placement Services" for more details on Aftercare planning.) For list of participants see Initial Family Team Meeting.
The FSP should be individualized, strengths-based, family-focused, and culturally responsive. The planning process shall proceed regardless of the Worker's ability to locate one or both parent(s) and this should be documented in MACWIS.
The components of an FSP include:
* Family Team Meetings;
* Reason for services;
* Services provided;
* Educational;
* Medical;
* Emotional behavioral issues;
* Tasks, plans and goals;
* Task evaluation;
* Adoption discussion;
* Barriers to permanent plan;
* Mental health assessment;
* Family engagement.
There are five types of FSPs:
* Initial,
* Review,
* Add/Change,
* Custody Change, and
* Final.
Each FSP must be submitted to the supervisor for approval. Every FSP will be filed with the court of jurisdiction and the signed copy filed in the case record. A copy of the signed FSP is given to the child's parents or primary caretaker.
In a case where the child in custody has a permanent plan of reunification, an FSP between the Worker and the parent(s)/caretaker(s)/child(ren) is required. The FSP should be used as a means of facilitating the child(ren)s' return home to the parent/primary caretaker.
The FSP is developed and submitted to the supervisor within thirty (30) calendar days of the custody date, unless the court determines otherwise. Along with this FSP, the Worker must also complete and submit the CFA.
The parent(s) or caretaker(s) will have a six month period in which to complete the tasks in the FSP. At the end of six months the court may direct DFCS to:
Each FSP and revision of the plans shall include the following:
* Service goals, desired outcomes and timeframes for achieving them;
* Service and supports to be provided, and by whom;
* The signature of the parent(s), with whom reunification is planned, and when appropriate, the child or youth; and
* Addresses, as appropriate;
* Unmet services and support needs that impact safety, permanency and wellbeing;
* Maintaining and strengthening relationships;
* Educational needs and goals; and the need for culturally responsive services and the support of the family's informal social network.
* The goals and tasks, set forth within the FSP shall be a direct reflection of the decisions made within the FTM. The parent(s)/caretaker(s) and the child shall sign this FSP upon agreeing to the listed goals and tasks within it. All efforts to engage parent(s) in developing the FSP must be well documented in MACWIS, whether successful or not.
The Review FSP is an assessment of progress toward permanent plans identified in the Initial FSP. It is submitted and approved every ninety (90) calendar days.
The Worker has eighty-five (85) calendar days to create and submit the Review FSP to the ASWS and the ASWS has five (5) calendar days to approve and sign the Review FSP. The CFA is updated each time the FSP is reviewed.
The Add/Change FSP is used only when there is a change in direct services, such as a change in the COS and should be updated or revised within ten (10) calendar days of the change.
If a Prevention/Protection case is changed to a Placement case, due to children being taken into custody, or a placement case is changed to prevention/protection the Custody Change type will be used.
The Final FSP is selected only when services are terminated for the family and the case is being closed. A final CFA will be completed in conjunction with the Final FSP.
The court must render a judicial determination of any reasons identified by the county for extending the time frame of an FSP beyond 6 months. Reasons can include but are not limited to the following:
Parents make regular visits/contacts with the child, maintaining a relationship which benefits the child.
Parent is unable, due to no fault of his or her own, to enter treatment during the time of the service agreement.
Parents are making diligent efforts and progressing toward completion of the service agreement.
The services needed to reunite the family are not available.
Parent has an illness diagnosed and documented by a physician that temporarily hinders compliance with the service agreement.
Parent is involved in parenting classes, treatment programs, and/or other services which are progressing toward reunification but will not be completed within the six months' time frame.
Parental incarceration
Parents who are incarcerated continue to have rights to be involved in their children's lives, regardless of their crime unless their parental rights have been terminated, aggravating circumstances are present, or the court determines that DFCS is not required to continue involvement with the parent/s.
Like their parents who are incarcerated, children in foster care also have a right to have a relationship with their parent/s despite the parent's incarceration. There are special challenges and issues in trying to work with incarcerated parent/s but workers should consider the value of the relationship between the parent/s and the child.
When a parent is incarcerated the Worker should:
* Obtain the name of the incarcerated parent and the address of the facility. This information is available for public use through the Mississippi Department of Corrections (MDOC) website, at http://www.MDOC.state.ms.us under the quick links section, there is a link entitled "inmate search". The information provided includes a general description such as height, weight, race and sex, inmate identification number as well as assigned location, offenses and sentences. The Worker may also search the federal prison system website at http://www.bop.gov
* Use the inmate identification number to contact the correctional facility or j ail and ask for the case manager/social worker assigned to the inmate.
* Ask the case manager/social worker for assistance in working with the parent. (It is important to remember that each facility is different and has a specific set of rules. The Worker should ask the case manager/social worker for their policy/rules.) The case manager/social worker is usually the person the Worker will need to go through to find out about services the prison offers, rules about visitation, etc.
* Complete the assessment and FSP with parent (with the assistance of the case manager/social worker of the facility if consented by the parent) including informing the parents of his/her rights and responsibilities.
* The Worker will mail or deliver to the parent a copy of Parents Rights and Responsibilities with documentation in MACWIS.
* After completion of the FSP with the parent, the Worker will obtain information from the case worker/social worker at the facility regarding the procedure in place for securing signatures on this document and the process for returning the signed FSP to the assigned Worker.
* Make monthly phone, correspondence, or face-to-face contact with the incarcerated parent to assess their progress being made on their FSP and to update them on their child's progress/status.
* Make phone or face-to-face contact with the incarcerated parent every ninety (90) calendar days to engage them in a FTM to discuss strengths and needs and to assess progress being made on their FSP.
* Review the FSP according to same standards as parents who are not incarcerated.
The FSP is developed between the Worker, parent(s)/caretaker(s) and child(ren) in foster care. The purpose is to ensure that the needs of the child(ren) are being addressed while in foster care. If age and/or developmentally appropriate, each child/youth should be included in developing the FSP, reviewing the finished FSP, and signing the completed FSP.
Components of the FSP for the Child/Youth
The FSP section of a child/youth in custody of DFCS must include at least the following information:
Within five calendar days of being placed into DFCS custody, all age and developmentally appropriate children shall receive a written summary of their rights and responsibilities which will be fully explained to each child using age-appropriate language. Youth currently in custody that have reached age fourteen (14) shall be given the Notice of Rights and Responsibilities for Youth 14 and Older in Foster Care within 30 calendar days of youth's 14th birthday. The Rights and Responsibility shall be reviewed at each family team meeting thereafter.
These rights and responsibilities for youth ages fourteen (14) and older and children ages thirteen (13) and under include: (see Appendix L and M)
* A description of the child's rights, including the obligations DFCS has to the child;
* Basic expectations for use of DFCS services;
* Hours that services are available;
* A clear explanation of how to lodge complaints, grievances, or appeals, and
* A clear explanation of confidentiality and its limits.
The original signed Rights and Responsibilities form shall be filed in the child's case record and a copy given to the child.
Regardless of whether a child's foster care placement is being directly supervised by DFCS or by a contract agency, the assigned DFCS worker (either COR or COS) shall meet with the child in person and, where age-appropriate, alone at least twice monthly to assess the child's safety and well-being, service delivery, and achievement of permanency and other service goals. The COR Worker or COS Worker when applicable shall maintain twice monthly face-to-face contact with all children in foster care placed in the COR county. During a child's first month in foster care and after each placement change the child's Worker shall have a face-to-face meeting within seventy-two (72) hours of said placement.
This assessment of the child's adjustment to the placement should be on-going and the need for more frequent visits by the Worker should be documented. At least one of the monthly visits must be in the placement setting. Twice monthly contacts will be documented in MACWIS within 5 working days of the visit.
If a foster child remains in Mississippi but is placed outside the COR, the COS Worker is responsible for making the monthly face-to-face visits with the child, beginning the calendar month after the child is placed (the COR Worker will see the child in the placement month).
The COR Worker will also visit the child quarterly in the placement setting.
All visits will be documented on the narrative screen in MACWIS within 5 working days after the visit.
In the cases where special circumstances exist, such as child with ICPC placements or a child who is on runaway status, an explanation must be documented in the narratives why contact is not possible.
Children in custody, who are placed out-of-state, in facilities or with relatives, and are not being seen by the Receiving State Staff, should be seen in their placement by a Mississippi DFCS Worker no less than every six (6) months and the visit documented in MACWIS. (42 U.S.C. 675 § 475(5)(A)(ii)).
If the child in custody is being seen face-to-face once a month in the placement by the receiving state staff, a report on the visit by the Receiving State Staff should be sent to the DFCS of the state in which the child's parents reside so that DFCS may share the information with the child's parents. The report must detail the child's circumstances and the extent to which the out-of-state placement meets the child's best interest or special needs.
If the Receiving State has not reported the face-to-face contact for the month, DFCS staff must contact the Receiving State for the information. This information shall be entered in MACWIS. More frequent contact including telephone calls and emails shall be made by the COR Worker.
Some children may be in foster care in Mississippi but their parents or primary caretakers have moved out-of-state. Even if Mississippi has requested that the state of residence work with the parents, the Mississippi DFCS Worker must continue to maintain bi-monthly face-to-face contact with the child. A report on such visits will be submitted to the child welfare department of the state where the child's parents are located so the state of residence may be able to share with the parents the child's safety and well-being.
Unless there is a documented reason why visitation should not occur (e.g., a no contact order is in place, a parent's rights have been terminated.), every child must have a minimum of two monthly visits with the parent(s) or primary caretaker(s).
The assigned Worker will work with the parents, primary caretaker and/or legal guardians to overcome any barriers to contact, visitation and/ or involvement in the child's care, including services to promote constructive parent-child visitation. All efforts will be documented in the case record. The Worker provides Resource Parents and parents with guidance and support before and after visits in order to learn from issues and assess relationships and parenting skills.
Additionally, within 24 hours of foster care placement unless there are documented reasons why contact should not occur, the Worker will arrange a visit with child and his/her parents/guardian and with any siblings not in the same placement. In documented situations, as approved by the ASWS, where a visit cannot be arranged within 24 hours, a telephone call to parents, siblings, or extended family members must be provided to the child.
Workers will make every effort to arrange visitation with incarcerated and/ or institutionalized parents or primary caretakers in accordance with the above guidelines. The Worker will document facility restrictions in the visitation plan.
DFCS workers shall take all reasonable steps to ensure the implementation of each child's visitation plan. Under no circumstances shall DFCS/contracting agencies cancel/deny visits with parents/guardians/siblings as a means of disciplinary action.
Every consideration should be made to place a teen parent in custody with her/his own child. If this placement is not possible, weekly (at a minimum) visitation between the teen parent and her/his child will be arranged, unless there is a documented reason why this should not occur.
When siblings are not placed together, it is important that regular contacts be maintained unless the case record justifies this is not in the best interest of the children. Siblings not in the same placement setting must have at minimum, monthly face-to-face visits. The Worker provides the child and siblings with guidance and support before and after visits in order to learn from issues and assess relationships. Additionally, siblings should be encouraged to maintain contact by phone or in writing.
Visitation with relatives will be held at the discretion of the COR staff. Relatives include any relative to the 5th degree.
MISS. CODE ANN. § 43-15-13(7) states if the child is going to be placed in a foster home, DFCS "shall give first priority to placing the child in the home of one (1) of the child's relatives within the third degree, as computed by the civil law rule". Consequently, every effort should be made to provide visitation for the child with the relatives in order for the child to have continuing connections.
If those individuals who are not related in the 5th degree, but show a connection with the child through the community, school, church, etc., and want to visit the child, the Worker must obtain approval from the ASWS. A deciding factor may be if the child wishes to visit the individual and if the child considers the individual to be a relative.
Visitation with relatives, community members, peers, and or friends should be considered. Every effort should be made to provide visitation with the child and those significant individuals identified by the child to maintain continuing connections.
DFCS supports children maintaining past connections, building new attachments, and maximizing a child's sense of normalcy when they must be separated from their parent(s) or primary caretaker(s). Resource Specialists, DFCS Workers, parents, and resource families must work together in determining what is in the best interest of each individual child in regard to visits outside the placement setting.
For the purpose of Policy, outings and overnight stays will be defined as any in-state outing of less than 48 hours and in a location well known to the Resource Parents. The Resource Parents must be able to ensure that adequate and appropriate supervision will be provided at all times. Outings and overnight stays should not be confused with, or take the place of, regularly scheduled visits between a child and his/her parent(s), primary caretaker(s), or other family members.
Resource Parents may authorize short outings and overnight stays, but the child's Worker must be notified prior to the child having an overnight stay outside of the placement setting. The following information must be given to the child's Worker:
Out of State Travel for Foster Child
The assigned worker must request permission via a court order from the judge when a foster child will be traveling out of state. This includes visits, trips, placements through ICPC, and any other circumstances that will require a child to travel out of the state of Mississippi.
Refer to Notice of Outings and Overnight Stays for the information that must be requested by the child's worker. This information must be documented in the child's case in MACWIS. A copy of the court order must be given to the worker, resource parent or other adult traveling with the foster child.
There are circumstances when visitation is not advisable or may require consultation:
(If the Worker believes this decision is not in the best interest of the child, he/she will advise the court.)
At the initial FTM when a child enters foster care, a visitation plan for the child and his/her family shall be developed as part of the child's service plan. This visitation plan shall be developed and regularly updated in collaboration with parents, foster parents, and the child and should be appropriate to the following:
* Child's age and developmental stage;
* Parents' strengths and needs;
* Schedules of foster parents and parents;
* Social and cultural context of the family; and
* Status of the case and the permanency goal.
If parental visitation is appropriate based on the above factors, this visitation plan shall include a minimum of two visits per month with the parents (unless a court order in the child's case limits such visits). For all children, regardless of permanency goal, this visitation plan shall include at least one visit per month with any siblings not in the same placement (unless a court order in the child's case limits such visits).
A plan shall be developed specifying the time, location, duration, transportation, and supervision of visits between the parent/primary caretaker/child. The Worker, parents/guardian/primary caretakers, Resource Parents and the child, if age appropriate, shall be involved in the development of this schedule.
When a child is placed in the custody of DFCS, DFCS assumes the responsibility of securing access for the child to dental, medical and mental health services. The provision of these services must be documented in MACWIS.
The services listed in the following sections are usually available under Medicaid, which should be the primary source of payment. County, regional and state funds can be used, with prior approval, to pay for some of these services which are unavailable through Medicaid.
Within seventy-two (72) hours of custody, the COR Worker shall obtain an initial health screening for the child(ren), from a qualified medical practitioner, in accordance with American Academy of Pediatrics (AAP), in order to determine any immediate health needs. This examination can be obtained through EPSDT through the local Health Department or from any medical provider. The form for this referral is located in MACWIS under the Case navigation bar, EPSDT icon.
Within thirty (30) calendar days of custody, and yearly thereafter , each child shall receive a comprehensive health assessment. The comprehensive health assessment should include a drug and alcohol screening, if warranted.
If possible, the initial health screening evaluation and comprehensive health assessment may be conducted in one visit. In such instances, this combined visit shall be conducted within 72 hours of placement. Workers will ensure that all follow-up services recommended are provided and documented.
All children will receive periodic medical examinations and all medically necessary follow-up services/treatments throughout the time they are in DFCS custody. These shall be conducted in accordance with the time periods recommended by the AAP.
Each foster child, birth through age 3, will be provided with a developmental assessment by a qualified professional within 30 days of foster care placement, and each child older than 3 will be provided with a developmental assessment, if there are documented factors that indicate an assessment is warranted. All foster children shall be provided with needed follow-up developmental services.
The developmental assessment and the comprehensive health assessment may be conducted in one clinical visit.
All children in custody, age birth up to 36 months, shall be referred to the First Steps Early Intervention program, through the local Health Department, for assessment and follow-up services as needed.
The Education for All Handicapped Children Act ( P.L. 94-142), enacted in 1975, provided for free appropriate public education for all handicapped children. This Act was amended in 1986 to include handicapped infants, toddlers and preschool children. It was further amended (including adding "developmentally delayed" 3-5 year olds) and renamed Individuals with Disabilities Education Act (IDEA) in 1990. It has since been amended in 1997, 2000 and 2004 and is now known as The Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446). The early intervention portion of the law is now Part C- "Infants and Toddlers with Disabilities" program.
MISS. CODE ANN. § 41-87-5 defines eligible infants, toddlers and children as " children from birth through thirty-six (36) months of age who need early intervention services" based on further defined criteria.
The Social Security Act (42U.S.C. 675 § 475(1)(c)) requires that the child's most recent available medical and educational records for children in custody be maintained in the child's case record. The DFCS Worker must provide a copy of the updated medical and educational records of the child to the placement provider at the time of each placement.
MISS. CODE ANN. § 41-88-3(1), charges the Mississippi State Department of Health (MSDH) with the responsibility "for assuring that all children in the state are appropriately immunized against vaccine-preventable diseases... according to the recommendations of the national Advisory Committee on Immunization Practices (ACIP)".
MISS. CODE ANN. § 41-23-37, makes it unlawful for any child to attend school until they have been vaccinated. In order to adhere to these laws, Workers shall ensure every child in DFCS custody is immunized prior to enrollment in school.
The following immunizations, given as recommended by the child's physician, shall be used to guide the Worker in meeting the health needs of the foster child. The Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and the American Academy of Family Physicians (AAFP) has all approved the following vaccinations:
Immunizations:
* Diphtheria, Tetanus, Pertussis (DTaP, Dt, TD);
* Polio;
* Measles, Mumps and Rubella (MMR);
* Hepatitis B; and
* Varicella (Chickenpox).
Immunizations shall be documented in MACWIS and a copy of the current paper immunization record must be kept in the child's case file as an extension of the child's case plan documentation. A copy of this record will be provided to the child's placement provider at the time of each placement or within fifteen (15) calendar days of said placement.
Each child 4 years old and older shall receive a mental health assessment by a qualified professional within thirty (30) calendar days of foster care placement. Each foster child who reaches the age of 4 in care shall receive a mental health assessment within thirty (30) calendar days of his/her fourth birthday. Every foster child shall receive recommended mental health services pursuant to his/her assessment, and should be screened for possible Fetal Alcohol Spectrum Disorders (FASD) to identify services to meet individualized needs. If a child is identified as having FASD, the child will be referred to the Child Development Center at University of Mississippi Medical Center (UMMC) for full FASD diagnostic evaluation by Community Mental Health Center (CMIC).
Mental health may be evaluated through EPSDT through the local Health Department or from any approved medical provider that performs this service. The form for this referral is located in MACWIS under the Case Navigation bar, EPSDT icon.
Each foster child shall receive follow up mental health services provided as recommended in the mental health assessment. Mental health services may include, but are not limited to, individual counseling, family counseling, group counseling, and medical treatment.
Every child three years old and older shall receive a dental examination within 90 calendar days of foster care placement and every six months thereafter. Every foster child who reaches the age of three in care shall be provided with a dental examination within 90 calendar days of his/her third birthday and every six months thereafter. Every foster child shall receive all medically necessary dental services.
A referral for this service can be obtained through EPSDT through the local Health Department or from any medical provider. The form for this referral is located in MACWIS under the Case navigation bar, EPSDT icon.
If a child receives a referral for orthodontic services, the COR Worker will ensure that services are provided to the child. An initial appointment will be scheduled and documented within thirty (30) calendar days with follow up as recommended by the service provider.
DFCS workers shall review the educational record of each child who enters custody for the purpose of identifying the child's general and, if applicable, special educational needs and shall document the child's educational needs within thirty (30) calendar days of his/her entry into foster care.
DFCS shall take reasonable steps to ensure that school-age foster children are registered for and attending accredited public or private schools within three business days of initial placement or any placement change, including while placed in shelters or other temporary placements.
DFCS shall make all reasonable efforts to ensure the continuity of a child's educational experience by keeping the child in a familiar or current school and neighborhood, when this is in the child's best interests and feasible, and by limiting the number of school changes the child experiences.
If change is unavoidable the child shall be enrolled in the most appropriate educational setting available to meet the needs of the child.
Determination of educational stability must be made at the time of each placement change in addition to the initial placement determination.
If educational needs are identified, the EPSDT and Early Intervention Programs offered through the Health Department can be utilized in further evaluation for services for children ages birth-3. For children ages 3-5, an assessment can be conducted by the local school system under the early education program. For school age children the Worker will advocate for and facilitate services through the local school system.
When further services are needed the Worker will communicate and collaborate with the parents, Resource Parents and educators to ensure the child's needs are met. These services may include but are not limited to, development of an Individualized Educational Plan (IEP), tutoring, occupational therapy, speech therapy, after school programs.
MISS. CODE ANN. § 37-13-91, states that who is or will attain age six (6) and not attained the age of seventeen (17) years on or before September 1 of the calendar year shall be enrolled and regularly attend a public school or legitimate nonpublic school. Only the following are exempted from compulsory school attendance:
Youth having attained the age of 17, who are in DFCS custody, must attend school, a job-training program, or be actively seeking employment except for the previously identified exclusions.
Educational needs of some children in DFCS custody may fall under the category of "exceptional child". MISS. CODE ANN. § 37-23-3(1), states:
An exceptional child shall be defined as any child as herein defined, in the age range of birth through twenty (20) years of age with an intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and, by reason thereof, needs special education and related services. Such children shall be determined by competent professional persons in such disciplines as medicine, psychology, special education, speech pathology and social work and shall be considered exceptional children for the purposes of Sections 37-23-1 through 37-23-159. Such professional persons shall be approved by the State Department of Education. The mandate for the provision of educational programs to exceptional children shall only apply to the children in the age range three (3) through twenty (20). Children who are potentially in need of special educational and related services must be considered for the services on an individual basis.
Schools that service such children with special needs are required to develop, review and revise an IEP for each child according to MISS. CODE ANN. § 37-23-5, which requires "that the program of education for exceptional children be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success".
DFCS Worker in the county in which the child resides, or his/her designee, shall attend all IEP meetings at the child's school as long as the child is in custody and receiving special educational services. The biological parent(s), Resource Parent(s) and child placing agency worker may also attend these meetings. The Worker will document in MACWIS this educational meeting as well as file a copy of the current IEP in the child's case record.
(see also, 42 U.S. C. 675§ 475(1)(G))
42 U.S.C. 675 § 475(1)(c), requires that the child's most recently available medical and educational records for children in custody be maintained in the child's case record. The Workers will maintain in the child's case record copies of all report cards, IEP rulings, and current information on school attended and grade level achievement. The Worker will maintain these records in the child's case record as an extension of the child's case plan and will also document in MACWIS in "Demographics".
The DFCS Worker must provide a copy the updated medical and educational records of said child to the placement provider at the time of each placement.
The Rehabilitation Act of 1973 ( P.L. 93-112) defines a handicapped person as "any person who (1) has a physical or mental impairment which substantially limits one or more major life activities, (2) has a record of such impairment, or (3) is regarded as having such impairment."
The participation of the parent or surrogate parent is needed at all stages of the planning process for a handicapped child. This process includes the identification, evaluation, referral, individualized education plan, and placement.
For foster children placed in foster family home, the Resource Parent shall serve as the surrogate parent, if possible. For foster children who are placed in group homes, institutions, or other residential facilities, DFCS shall appoint a surrogate parent. The child's worker must assess the surrogate parent to ensure that the following criteria are met:
* Be competent to advocate for the child;
* Have no interest which might conflict with that advocacy;
* Is not employed of the educational or residential facility;
* Knows the child personally;
* Is familiar with the child's needs;
* Is capable of vigorously representing the child at each stage of special education for handicapped children process and;
* The surrogate parents shall participate in formal training sessions as scheduled and held by the State Department of Education, which includes several one-half day meetings to inform the surrogate parent of the placement process, rights of the surrogate parent, the hearing process, procedural safeguards, information about the institution and other related matters.
Resource Family Homes
When a foster child placed in a licensed foster family home is suspected or diagnosed as handicapped, the following procedures shall be followed:
Other Residential Facilities
When a handicapped foster child is placed in a residential facility other than a licensed foster home, the following procedures shall be used:
The roles and responsibilities of the surrogate parents include the following:
* Coordinate with the Worker on the needs of the child;
* Confer with school personnel on needs of child and ability of the educational system to serve the child;
* Sign relevant educational documents;
* Request an appeal through the appropriate educational process;
* Request assistance from any individual, association, or organization which has its objective the well-being of children;
* Intervene through the judicial system, if necessary.
Once a child enters foster care the assigned Worker will identify religious beliefs and/or affiliations of the child. Every effort to continue the child's religious traditions will be made. A child's religion should be considered in determining appropriate placement for the child. If a child is not able to be placed with a Resource Family of the same religious beliefs and/or affiliations then opportunities will be provided by the Resource Family for the child to participate in the religious activities consistent with the child's beliefs. The assigned Worker will assess and document these activities.
According to MISS. CODE ANN. § 43-21-121, a Guardian Ad Litem (GAL) will be appointed by the Youth Court to represent the best interest of the child at the time of custody.
Family Planning will be discussed with youth in care along with the parents and Resource Parents, when possible and appropriate, during an FTM facilitated by the COR Worker. Family planning discussions will provide the youth age appropriate support and education regarding:
* Pregnancy prevention and responsible parenthood; and
* Prevention and treatment of sexually transmitted diseases.
Rehabilitation Services are available to youth (age 18 or in the second semester of their junior year in school) through the Office of Vocational Rehabilitation in the Department of Rehabilitation Services, Rehabilitation Act of 1973 ( P.L. 93-112).
General vocational rehabilitation services include a range of services from diagnosis and evaluation to vocational training and job placement. Additionally, a youth eligible for general vocational rehabilitation services might receive assistance with medical and/or health needs, special equipment counseling or other assistance that would enhance employability. Other specialized vocationally rehabilitation services can also be accessed.
The distinguishing difference between eligibility for these specialized services and general vocational rehabilitation services is the youth's vocational potential. Supported employment is specialized vocational rehabilitation service available to youths in the state. The focus group for this service is youth who demonstrate more severe disabilities and who demonstrate an on-going need for job support to retain employment.
Mexican National Minor is any unmarried person who is under the age of 18 and who was born in Mexico or is a national of two or more countries, one of which is Mexico .
Custodian is the person who has been entrusted with the day-to-day care of a Mexican National Minor .
"DIF" ( National System for Integral Family Development [Spanish: Sistema Nacional para el Desarrollo Integral de la Familia;SNDIF or just DIF]) is the agency in Mexico responsible for children protection .
DFCS shall determine whether or not the minor is a Mexican National Minor at the time a decision is made to take protective custody. If a child is a Mexican National Minor, DFCS shall provide the child, and his/her parents or custodians, with the address and telephone number of the Mexican Consulate located in New Orleans, LA. The Consulate will assist DFCS in the process of obtaining a birth certificate or any other necessary documentation from Mexico.
Mexican Consulate
901.Convention Center Blvd.
Suite 119
New Orleans, LA 70130
(504) 272-2198
DFCS is responsible for notifying the Consulate in writing and without delay, when:
* DFCS identifies a Mexican National Minor in its custody,
* A parent or custodian of a Mexican National Minor has requested that the Consulate be notified, or
* DFCS learns that either parent of a child in its custody resides in Mexico. When notifying the Consulate, DFCS shall provide (when available):
* Name of the Mexican National Minor;
* Date of birth of the Mexican National Minor;
* Names of the parent(s) or custodian(s); and
* Name and telephone number of the Worker directly responsible for the case.
DFCS will cooperate with the Consulate and recognize the Consulate may need specific information regarding the cases of Mexican National Minors. A representative of the Consulate may interview a Mexican National Minor in the custody of DFCS with the consent of the Worker and ASWS.
In cases where a Mexican National Minor has been placed in the custody of the State of Mississippi and is considered eligible to obtain Special Immigrant Juvenile States (SIJS), pursuant to INA § 101(a)(27)(J)(11), 8 U.S.C.§ 101(a)(27)(J)(ii), the Consulate shall assist DFCS in obtaining necessary documentation from Mexico from completion of the SIJS application.
The Consulate may contact DIF in order to obtain the appropriate home studies of potential families in Mexico who may be eligible to obtain custody of the minor. Upon completion of the home study or other investigations by DIF, the Consulate shall immediately forward the information to DFCS Worker responsible for the case.
When custody of a Mexican National Minor is granted to a Mexican family, the Consulate shall coordinate with DIF in order to carry out the repatriation of the minor to Mexico, to ensure the minor's welfare and to provide whatever services are necessary. Once the Mexican National Minor is in Mexico, DIF shall be responsible for turning the minor over to the family assuming custody and shall adopt the necessary measures to ensure the minor's welfare.
DFCS and the Consulate shall communicate as needed and mutually agreed upon to discuss, clarify, and coordinate activities in areas of common interest and concern. Joint community meetings and other information exchange efforts are encouraged. DFCS and the Consulate shall support joint prevention efforts regarding the protection and welfare of Mexican families and minors and make every effort to exchange ideas and concerns of a high profile nature which may result in media attention in a timely manner.
Unaccompanied Refugee Minors (URM) are refugee children who are separated from both parents and are not being cared for by an adult who, by law or custom, is responsible to do so.
In resettlement terms, URMs are children under age 18 who are resettled alone in the United States, without a parent or relative able to care for them.
Unaccompanied youths eligible for the URM program include refugees, Cuban and Haitian entrants, asylees, victims of severe forms of trafficking and certain children granted Special Immigrant Juvenile Status.
In addition, accompanied minors may become eligible for URM program services after arrival in the U.S. through reclassification process (example; following family breakdown or a death in the family).
The State of Mississippi is one of only ten core sites around the United States who resettle unaccompanied refugee minors. Legal custody is maintained by the State of Mississippi until age 20, or 21 when ordered by the Chancery Court, and youths within the URM program receive the same benefits as all other youth in the custody of the State.
Hinds County DFCS will maintain case files on each URM and will review the appropriateness of placement and services through the Foster Care Review County Conferences.
Minors will be placed in foster care, group homes or independent living arrangements appropriate to the youth's developmental needs. Services are provided through a contract, using 100% federal funds, with two lead voluntary agencies: The Lutheran Immigration and Refugee Services (LIRS) and the United States Conference of Catholic Bishops (USCCB) who work in conjunction with the Department of State and Office of Refugee Resettlement (ORR) on the URM program.
The URM program assists unaccompanied minors in developing appropriate skills to enter adulthood and to achieve economic and social self-sufficiency. Services provided through the program include: English language training; care planning; health/mental health needs; socialization skills/adjustment support; family reunification; care and placement appropriate to the youth's needs; education/training and ethnic/religious preservation.
Generally, unaccompanied minors are not eligible for adoption.
Within 5 calendar days of case opening, all parents or primary caretakers shall receive a written summary of their Rights and Responsibilities which shall be fully explained using clear and consistent language.
The original of the signed Rights and Responsibilities form shall be filed in the case record and a copy given to the parent. (see Appendix N and for Spanish Appendix O)
Following the placement of a child or any subsequent placement move, the DFCS Worker will meet individually with the child's Parents, primary care taker or legal guardian within the first two weeks of initial placement and will document the visit in MACWIS.
Face-to-face contact or attempt shall be entered in MACWIS within 5 working days of the contact. If monthly face-to-face contact is not possible (unknown whereabouts, incarceration, institutionalization, out-of-state, etc.), the Worker shall document all attempts to make all contact.
42 U.S.C. 675 § 475(5)(c) requires that certain procedural safeguards for the rights of biological or adoptive parents or legal guardians be maintained. This includes notification to parents or guardians of a change in the child's placement and any decision affecting visitation privileges of parents.
DFCS will notify parents, primary caretakers, or legal guardians within 72 hours of placement change including, information regarding the circumstances of the change and information regarding the new placement. Notification may be verbal or written and documentation will be entered in MACWIS.
Parents, primary caretaker or legal guardians will be notified within 24 hours once DFCS has been notified that a child:
* Requires scheduled surgery,
* Has been hospitalized- non-emergency,
* Has been involved in an accident (with or without injury),
* Has been named as a victim in an investigation,
* Has been diagnosed with a medical condition,
* Has been suspended or expelled from school,
* Has possible involvement in acts of delinquency,
* Has threatened suicide,
* Has runaway
Runaway refers to those children/youth in DFCS custody whose whereabouts are unknown or known but not compliant. Runaways will not receive any funds/benefits.
*Notification to DFCS State Office via e-mail to runaway.dfcs@mdhs.ms.gov . Include all of the following information available:
* Pictures and videos of the child;
* Circumstances of the disappearance and description of clothing last worn;
* Summary of child/family history including names of parents;
* Vital statistics (DOB, health status/concerns, complexion, hair color, eye color, height, weight, identifying characteristics - scars, tattoos, piercings);
* Cellular phone number(s);
Protocol for Reporting Runaway/Missing Youth in Care continues on the next page.
* Child's friends and hangouts;
* Child's social media use/accounts;
* Name and phone number of local law enforcement agency involved.
If the child is under 18 years old, DFCS State Office will report the runaway to NCMEC. If the child is over 18 years old, DFCS State Office will assist local law enforcement with reporting the runaway to NCMEC.
NCMEC will generate posters and work with local law enforcement to locate the child.
Questions that may be asked, as appropriate, include but are not limited to:
* What caused you to leave or runaway?
* Did anyone encourage you to leave?
Protocol When Youth is Located or Returns continues on the next page.
* Where did you go?
* What is the first thing you did after you left?
* What types of things have you been doing while you were gone?
* Did you leave with someone? Who?
* Did anything happen to make you feel uncomfortable or that hurt you?
DFCS worker shall staff with ASWS to make appropriate referrals for placement and to medical, mental health providers and law enforcement as needed.
DFCS worker shall document in a narrative and in the case file all information gathered regarding the child during their time missing /runaway from care.
In the event a child requires emergency surgery or hospitalization parents, primary caretaker and/or legal guardians will be notified immediately by a DFCS representative.
In the event that a child fatality has occurred while in DFCS custody and the assigned Worker or a DFCS representative has been notified, the Worker or designee will make every attempt to contact the parents, primary caretaker and/or legal guardians face-to-face immediately. In situations where the parents have moved out of the COR, the state, or are otherwise transient, law enforcement may be contacted for assistance in the notification process.
Notification to the parent is not necessary if they have voluntarily released the child for adoption or their rights have been terminated.
Parents, primary caretaker and/or legal guardians and the assigned Worker for the child will communicate during FTMs, IMs and/or during monthly contacts regarding frequency of visitation, setting and supervision of visitations, visitation activities and quality of visitations.
Unless there is a documented reason why visitation should not occur (a no contact order is in place, a parent's rights have been terminated), every parent must have a minimum of two monthly visits with their child. The assigned Worker will work with the parents, primary caretaker and/or legal guardians to overcome any barriers to contact, visitation and/ or involvement in the child's care.
Within 24 hours of foster care placement unless there are documented reasons why contact should not occur, the Worker will arrange a visit with child and his/her parents and with any siblings who are not in the same placement. In documented and ASWS-approved situations where a visit cannot be arranged within 24 hours, a telephone call to parents, siblings, or extended family members must be provided to the child.
kers shall make every effort to arrange visitation with incarcerated and/ or institutionalized parents or primary caretakers in accordance with the above guidelines. The Worker will document facility restrictions in the visitation plan.
Under no circumstance shall visitation between a child and his/her parents, primary caretaker and/ or legal guardians be cancelled as a disciplinary action.
Visitation should become more frequent and longer in duration as the child is moved toward reunification with parents, primary caretaker and/or legal guardians.
If a safety threat exists it may be necessary to have supervised visitations in an office setting. However, as the safety issues are resolved and the protective capacities are strengthened, visitations for parents, primary caretaker and/or legal guardians will transition to unsupervised, home or other location and/or combination.
Based on reduced safety threats and increased protective capacities parents, primary caretaker and/or legal guardians will be included by the Worker and Resource Parents to participate in the activities which include but are not limited to:
* Medical and dental appointments;
* Mental health appointments;
* Educational meetings and other school events;
* Recreational activities that the child participates in;
* Religion, church and/or other spiritual events;
* Other significant life events (birthdays, graduation, holidays, etc.).
DFCS Workers may request a drug and/or alcohol screen any time there is suspicion of illicit drug use and/or prescription drug and/or alcohol abuse by a Parent/Guardian.
DFCS Workers shall not administer drug or alcohol tests of any type to clients.
DFCS Workers shall facilitate drug and/or alcohol testing of clients when ordered by the court by:
* Sending client(s) to a certified drug testing facility when client can pay for test and has transportation;
* Transporting client to a drug testing facility, if necessary, as well as paying the fee on behalf of DFCS;
* Arranging for drug testing company Worker to come to the court; or
* Requesting court personnel perform drug test.
* Manufacturing a controlled substance in the presence of a child or on premises occupied by a child.
* Exposing a child to, or allowing a child to be present where, chemicals or equipment for the manufacture of controlled substances are used or stored.
* Selling, distributing, or giving drugs or alcohol to a child.
* Using a controlled substance that impairs the caregiver's ability to adequately care for the child.
* Exposing a child to the criminal sale or distribution of drugs.
See Miss. Code Ann. § 41-29-313 for details of the offenses and penalties related to the purchase, possession, transfer, manufacture or distribution of listed chemicals/drugs or precursor chemicals with intent to unlawfully manufacture prohibited or controlled substances.
In situations where DFCS becomes involved with a mother who is breastfeeding, every effort will be made to provide services in the home or alternative living situation to allow the child to safely remain with the mother. However, when the safety of the child cannot be reduced to allow the child to remain safely with the mother, arrangements will be made to continue breastfeeding, with supervision by DFCS or another agreement will be made to ensure that the child's needs will be met.
When a mother has issues that are contrary to the well-being of the child, such as medical conditions, drug/alcohol use, other conditions documented by the child's pediatrician and/or the mother's physician, DFCS will assist the mother and child in transitioning from breast feeding to bottle feeding.
The COR Worker (or COS Worker when applicable), shall maintain monthly face-to-face contact with the Resource Parents and will document the purpose of the visit in MACWIS.
The Worker shall regularly communicate with non-therapeutic resource parents who have one or more foster children residing in their home and visit the home at least monthly to:
These visits will also include an environmental check of the home including the child's sleeping arrangements, all of which shall be documented in MACWIS.
The Worker shall maintain weekly contact with therapeutic resource parents who have one or more foster children residing in their home, and shall make a minimum of two visits per month to:
All visits and contacts will be documented in MACWIS and in the child's case record.
A Private Agency worker will visit the home of therapeutic resource parents who have at least one foster child residing in the home at least once per month. These visits shall be in addition to the monthly home visit conducted by DFCS. All therapeutic resource parents who have one or more foster children residing in the home shall be visited in the home at least once per month by their private agency caseworker. The private agencies that provide services to foster children shall (1) share all relevant and legally dis-closable information concerning the foster child; (2) evaluate the foster child's safety, needs, and well-being; and (3) monitor service delivery and the achievement of service goals. DFCS shall require that such visits occur, that they are documented in the child's case record, and that remedial action is taken if such visits are not taking place.
Once a child is placed in a Resource Home the child may not be moved to another foster placement, except in emergency situations, unless DFCS specifically documents to the court and in the child's case record the justifications for that move and the move is approved by the ASWS.
DFCS shall provide Resource parents, custodial grandparents or other custodial relatives with at least 72 hours' notice of departure for any child, except in emergency circumstances or where the court orders a change in placement.
The Resource Parents, custodial grandparents or other custodial relatives of the child shall have the opportunity to contest the specific reasons documented by DFCS for the removal. If the child is placed back in the parent's home and has to be removed again later, the former Resource Parents or relatives will have the right of return placement in order to eliminate additional trauma to the child. Return placement is contingent upon the Relatives or Resource Home's current approved/licensed status.
Resource Parents, COR Worker, and COS Worker and the Resource Specialist will communicate during FTMs, IMs, and/or during monthly contacts and any time the need arises for communication between the parties.
Visits should be scheduled with consideration to the Resource Parents' schedule. In some circumstances, it may be appropriate and helpful for the Resource Parent to participate in the visit or supervise the visit between the family and child.
Respite Care is provided through referrals to private agencies. All respite homes must either meet current licensure standards or have been licensed and are now closed only due to the fact that they have adopted the children placed in their home. These providers must have obtained additional training in respite care through the private agency who licensed them for respite care. Respite Care Providers must have extra bed space available for a child to be placed for respite care and can have no more than 3 foster children and a total of 5 children placed in their home regardless of the status of the children's placement (foster, respite, adoptive, biological children.) Respite services are paid for through the grant(s) awarded to the private agencies.
All children in foster care and children who have been adopted from foster care are eligible for respite care. Additional information regarding respite care may be requested through the permanency unit at the DFCS State Office.
DFCS will collaborate with the Resource Family and child placing agency, if appropriate, to develop a respite care plan for the child, if it has been identified as a necessary support service for the family.
A child who is in the care/custody of DFCS shall not be placed in respite care without the approval of the assigned DFCS Worker and ASWS.
Resource/Adoptive parent(s) should limit respite care to two calendar days per month in order to reduce disruption to the child. Additional respite days may be needed in emergency/crisis situations or when the child is transitioning to a permanent placement.
All respite care must be pre-approved by the child's assigned Worker and ASWS unless an emergency arises. If an emergency arises the Resource Family must contact the Worker or ASWS for assistance in locating emergency respite care.
When a Resource Family is affiliated with a Child Placing Agency, the agency will be responsible for notifying the assigned DFCS Worker and/or ASWS for approval prior to placement in one of the child placement agencies respite homes. All requests for Respite Care should be directed to the State Office Permanency unit. (See Section F for more specific information).
It is not unusual for two or more counties to have involvement in a single case where a child or children are receiving placement services. This may occur when the child is placed in a county other than the one of responsibility or because the parent(s)/care giver(s) reside in another county or it may occur under other circumstances. Whenever multiple counties are involved, each county is designated specific responsibilities and roles for the coordinated provision of placement services to the child which includes working with the parent(s) or care giver(s).
A clear understanding of the distinct differences in the roles of the COS, COR, and Agency of Service is necessary. The RD whose area is holding custody of the child plays an important part in interpreting these roles. Occasionally, different opinions are held by the COS and Agency of Service regarding planning for the foster child. The plan set forth by the COR shall be respected by the COS and Agency of Service. If the COS or Agency of Service disagrees with the COR's plan, the COS or Agency of Service may state its opinion in writing to the COR with copies to the appropriate administrative personnel, but it is obligated to carry out the plan set forth by the COR until notified otherwise.
The COR is the county having legal custody of a child in foster care, and assumes the leadership role for: planning for the child in custody, monitoring the implementation of these plans, for initiating the decision making processes, and keeping the county or agency of service informed regarding plans for the child.
The COR is responsible for providing all payment services regarding the child, and is legally and financially responsible for the child.
The COR Worker must maintain ongoing contact with the child if the child is placed in another county and must visit the child face-to-face at least once every three months. The COR Worker must communicate with the COS Worker in regard to the child and the appropriateness of the placement, and must respond to requests for assistance from the COS.
COR is responsible for working with the Youth Court in regard to the child's case and is responsible for working with the child's parents and family in regard to the achievement of permanency for the child.
The COR Worker must maintain a meaningful relationship and connection with the child as this Worker may very well be, and often is, the one stable and dependable connection the child has with parents, family, and home, and may be the only consistent and dependable person in the child's life.
When a child is placed outside of the county of residence, unless the placement is a short-term placement such an admission to a hospital or a visit with relatives or other individuals, a placement COS case is opened on the child and a COS Worker assigned to the child.
The COS is the county which has the responsibility of supervising the placement of a child whose custody is held by another county.
The COS Worker is responsible for:
* Working with the COR Worker to facilitate permanency for the child;
* Maintaining face-to-face contact with the child to the degree necessary but at least two such visits with the child per month;
* Communicating with the COR Worker to assure the child's financial and material needs are being met;
* Coordinating visitation of family, relatives, and others with the child;
* Assessing on an ongoing basis the appropriateness of the child's placement; and
* Working with the COR Worker to assure the child's sense of connectedness, continuity, and stability are addressed.
Ongoing communication and coordination of effort between the COR and COS Workers for is essential, particularly regarding the ongoing safety and well-being and continued placement appropriateness for each child and whether the placement continues to be in the child's best interest. The COS' visits, observations during those visits and reports made to the COR of those visits have a direct bearing on the decisions made by the COR.
It is crucial that communication be maintained between the COR and COS and/or Agency of Service. The COR, COS, and the Agency of Service all have the responsibility to share all pertinent information, which includes case recordings, case plans, court documents, medical, social, and psychological documents, correspondence, financial records, DFCS forms and any other information pertinent to the case.
When a foster child is to be placed in a county other than the COR, the COR shall notify the COS prior to placement of the foster child.
The Agency of Service is a licensed child caring facility where the child lives, apart from his parents or guardian, on a continuing full-time basis for a planned period of time.
The Agency of Service staff provides services for the child and shall provide the COR/COS with information regarding the child's placement in order to aid the COR in carrying out the child's case plan.
Note: The Agency of Service's contact with child(ren) does not replace the Worker's minimum twice monthly contact requirements with all the child(ren). DFCS staff is still required to make twice monthly contact with all the child(ren). The Agency of Service does not have decision making authority for the child(ren). The Worker is still responsible for the decisions regarding the care of the child(ren).
Permanency planning is ongoing and begins as soon as DFCS receives a report of child abuse or neglect, and it continues through every stage of service, even when the child is not removed from the home . It is a systematic process of carrying out a set of plans and goal-directed activities within a time-limited period as defined in MISS. CODE ANN. § 43-15-13 and the Adoption and Safe Families Act of 1997 (ASFA) (P.L. 105-89). These activities are designed to help children live in families that offer continuity of lifetime relationships.
MISS. CODE ANN. § 43-15-13(8) Advises that "[a]t the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement made is the best available placement to provide a permanent living arrangement for the child."
Such consideration is the major emphasis of, and the foundational premise for, Concurrent Planning.
According to the ASFA, reasonable efforts to finalize an alternate permanency plan may be made concurrently with reasonable efforts to reunify the child and family and that reasonable efforts to place a child for adoption or with a legal guardian, including identifying appropriate in-state and out-of-state placements, may be made concurrently with reasonable efforts to reunify the child and family. (42 U.S.C. 671 § 471(a)(15)(f)).
Foster care should be viewed as a temporary arrangement and not a place for children to grow up. Permanency planning must begin immediately and within thirty (30) calendar days of a child entering care. Decisions which involve the family and child must be made promptly and services provided as quickly as possible to enable the family in crisis to address problems and support achievement of the permanency goal.
Careful and thorough evaluation must be made of the family's potential and the availability of relative resources in considering the selection of a permanency plan. Diligent searches shall be made to locate natural parents and relatives of the child. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete the necessary steps to finalize the permanent placement of the child. All of these steps are made with approval from the court of jurisdiction involving proceedings that included written notice to ensure participation of the child, parents, and/or caregivers.
DFCS's first priority shall be to make reasonable efforts to reunify the family when temporary placement of the child occurs or shall request a finding from the court that reasonable efforts are not appropriate or have been unsuccessful.
MISS. CODE ANN. § 43-15-13(2)(f) advises that DFCS " shall implement concurrent planning so that permanency for the child may occur at the earliest opportunity". Clear documentation is required for both Permanent and Concurrent Plans in order to prove to the court the compelling reasons for the plan.
Concurrent planning in a Family Centered Practice environment comprises more than having a plan in place in case the primary plan fails; it involves immediate ongoing action to assure that issues of safety, permanency, and well-being are continually being addressed while the child is in state custody.
MISS. CODE ANN. § 43-15-13(8)(a-h) further states that DFCS shall consider the following factors when determining appropriateness of concurrent planning:
The COR Worker will identify permanent and concurrent plans for the child. After opening the case, the permanent and concurrent plans will be identified on the Child's FSP with the primary plan being listed first.
Every child in DFCS's custody shall have a permanency plan selected and documented on the FSP within thirty (30) calendar days of entry into custody. Justification for selecting a particular plan is documented along with other pertinent information under the "compelling reasons" radio button in MACWIS.
The Worker must do whatever can be done to minimize the damage being done to the child during these periods of impermanency by addressing the issues of continuity and connectedness central to healthy development that appear to be the crux of the matter of impermanency.
Steps must be taken to provide the child with a sense of continuity and to keep the child connected to family during these periods of impermanency. Placement of the child with extended family is the most obvious strategy for effectively addressing this issue, and relative placement is an appropriate concurrent plan for a child for whom reunification is the primary plan.
A major source, perhaps the major source, of continuity and connectedness for a foster child is the child's Worker. The Worker must remain involved with the child throughout the custody episode no matter where the child is placed. In a Family Centered Practice environment, not all forms of permanency are equal. The commitment is to family, and the goal and outcome of reunification is far more valuable and desirable that any other permanency outcome.
This commitment and practice stance requires the Worker and DFCS to continue to focus on getting the family back together as long as there is a chance that reunification can occur while at the same time arranging temporary placement and providing ongoing services to the child and the family which minimize any damage which may occur as a result of the impermanency of removal. This constitutes a practice approach and methodology of dedication and perseverance and a full commitment to the family.
Permanency Plan options are as follows:
All permanent plan options must have a concurrent plan.
When the child's permanency goal is reunification, DFCS shall identify in the service plan and make available directly or through referral those services DFCS deems necessary to address the behaviors or conditions resulting in the child's placement in foster care and to help the parents develop strategies to facilitate permanency for the child. Workers will monitor the provision of services through visits and updating of service plans.
For a child with a permanency goal of reunification, the child's assigned DFCS worker shall meet with the child's parent(s) with whom the child is to be reunified at least monthly to assess service delivery and achievement of service goals, to keep the family informed and involved in decisions about the child, and to remain current about the family's circumstances.
For children with a permanency goal of reunification, the case record shall document opportunities provided to parents in support of reunification.
Reunification with a Parent or Primary Caretaker is the first choice as a permanency plan for a child in care (unless a parent/caretaker has been convicted of any of the following offenses against his natural or adopted child: rape, sexual battery, touching, exploitation, felonious abuse or battery, carnal knowledge or murder).
Reasonable efforts requirements demand that the Worker and DFCS work diligently and concertedly with the family to provide services and solve problems to get the child back home as soon as safety can be reasonably assured. Tasks to be completed when selecting a permanency goal of reunification:
* An ongoing Comprehensive Family Assessment (CFA) should be completed prior to reunification.
* Identify and assess the problem(s) which led to the need for foster care, the actions needed to correct the problem, and activities to be performed by all parties involved.
* Complete with the family, and within thirty (30) calendar days of the child's entry into custody, the FSPs for children and parents.
* Inform parents that under State Law, MISS. CODE ANN. § 43-15-13(4) reunification should occur within six months of the child's removal from the home and that failure to comply with the FSP could result in a recommendation of another permanency plan for the child, including the possibility of the TPR and adoption.
The Worker shall have the following responsibilities in achieving reunification:
If a sibling group is separated at initial placement, the Worker shall make immediate efforts to locate or recruit a family in whose home the siblings can be reunited. These efforts will be documented and maintained in the case file. Any exceptions shall have the COR ASWS and RD's approval.
* Involvement in service planning and access to needed services;
* Constructive visitation and on-going contact with the child;
* Reduction of barriers to contact, visitation, and involvement in the child's care; and
* Use of resources to prepare the family for reunification.
For each child who has a permanency goal of reunification DFCS shall provide, subject to approval of the Youth Court such child with a ninety (90) day trial home visit, unless that child had been in custody for less than ninety (90) days. A DFCS Worker shall meet with the child privately at least 2 times per month.
A FTM shall be held when a recommendation has been made to return a child to his/her home or to place a child in the custody of the relative with the following participants:
* DFCS Worker,
* DFCS Worker's Supervisor,
* Worker from private agency, if applicable
* Foster parents (unless DFCS determines their attendance would be inappropriate)
* Biological parents or relative assuming custody, and
* The child
The Aftercare Plan includes the following:
* Services necessary to ensure the conditions leading to the foster child's placement in foster care have been addressed,
* Child safety and stability will be addressed,
* DFCS will provide or make appropriate referrals to identify services necessary to support the child during the trial home visit,
* Final discharge meeting shall include the child's Worker, Worker's Supervisor, child and parent/relative/guardian assuming custody. The following will be included in the meeting:
Reunification will be considered achieved when legal and physical custody is returned to a parent or primary caretaker from whom the child was removed, and the state no longer has legal custody, care or control of the child.
If it appears that placement is needed and reunification is not feasible within a short period of time, the first choice for placement is with relatives. When a child is placed out of the home, it should be in the most familiar environment possible.
When the child's permanent or concurrent plan is custody with a relative, the Worker shall be seeking to identify relatives for the placement of the child.
"Relative other than the one from whom he/she was removed" includes but not limited to stepparents, biological mother or father and other relatives who were not the principal caregivers at the time of the removal.
The Worker must conduct a diligent search for birth parents and all relatives prior to removal, if possible, or immediately after removal of child, and continue the search during the child's time in custody.
DFCS must supervise the placement for twelve (12) months before the recommendation for Durable Legal Custody is made to the court. The goal is achieved when legal and physical custody of the child has been granted to the relative.
No child shall be assigned a permanency goal of durable legal custody unless there are documented efforts in the child's case record to move the child to adoption and documentation of a reasonable basis why it is in the child's best interests not to be considered for adoption.
"Durable Legal Custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties, as enumerated, are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children. MISS. CODE ANN. §§ 43-21-105(y).
If the court finds that temporary relative placement, adoption or foster care placement is inappropriate, unavailable or otherwise not in the best interest of the child, durable legal custody may be granted by the court to any person subject to any limitations and conditions the court may prescribe; such durable legal custody will not take effect unless the child or children have been in the physical custody of the proposed durable custodians for at least one (1) year under the supervision of DFCS. MISS. CODE ANN. §§ 43-21-609(d)
Reviews are not to be conducted unless explicitly ordered by the youth court concerning those cases in which the court has granted durable legal custody. In such cases, the Department of Human Services shall be released from any oversight or monitoring responsibilities, and relieved of physical and legal custody and supervision of the child. MISS. CODE ANN. §§ 43-21-613(d)
Section 475. (7) [42 U.S.C. 675] defines legal guardianship as "a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child protection, education, care and control of the person, custody of the person, and decision making. The term 'legal guardian' means the caretaker in such a relationship."
DFCS will be released from any oversight or monitoring responsibilities in either Durable Legal Custody or Legal Guardianship unless ordered otherwise by the court. The birth parents maintain their parental rights.
The Worker will have the following responsibilities in achieving durable legal custody and/or guardianship:
Durable Legal Custody or Legal Guardianship is achieved after the court grants custody to the placement resource. No further review hearings are necessary. DFCS is relieved of custody of the child and from any oversight or monitoring responsibilities unless otherwise ordered by the court.
Each family's situation shall be evaluated to determine if adoption is the most appropriate plan. If it is determined to be in the child's best interest, a referral for Termination of Parental Rights (TPR) shall be made.
MISS. CODE ANN. § 43-15-13(3) states
...For any child who has been in foster care for fifteen (15) of the last twenty-two (22) months regardless of whether the foster care was continuous for all of those twenty-two (22) months, department shall file a petition to terminate the parental rights of the child's parents. The time period starts to run from the date the court makes a finding of abuse and/or neglect or sixty (60) days from when the child was removed from his or her home, whichever is earlier.
The department can choose not to file a termination of parental rights petition if the following apply:
Federal Requirement:42 U.S.C. 675 E.) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement (APPLA) and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of State, regional and national adoption exchanges including electronic exchange systems to facilitate orderly in state instate and interstate placements. |
If Reunification, Durable Legal Custody or Legal Guardianship cannot be accomplished, the family situation must be evaluated regarding legal grounds for TPR.
If there are legal grounds for TPR, a referral must be made to the Permanency unit. If a parent wants to relinquish his/her rights to a child or children, permission must be received from the Permanency Unit prior to accepting a Voluntary Surrender of Parental Rights MDHS-SS-459. If county staff needs assistance in determining the sufficiency of legal grounds, a referral should be made to the Permanency unit asking that such a determination be made.
The COR Worker shall have the following responsibilities in achieving Adoption:
* Recognize, through concurrent planning, when adoption appears to be the most appropriate and feasible goal for the child.
* Engage parents in a discussion on optional voluntary surrender of their parental rights. If the parents want to surrender, obtain permission from the Director of Permanency Unit prior to the parents signing any documents.
* Prepare and submit to the Worker's ASWS a complete TPR referral within thirty (30) calendar days after adoption becomes the permanent goal.
* Discuss the goal of adoption with the child, parents and Resource Parents. Ascertain if the Resource Parents are interested in adopting the child.
* Assist in preparation of child and family for adoption.
* Notify the Regional Resource Supervisor within 3 calendar days of the child's primary permanent plan becoming adoption.
* Update the FSP and request Adoption COS.
Within 3 calendar days of_receipt of notice of a child's primary permanent plan becoming "adoption", the Regional Resource Supervisor will assign an Adoption Specialist to begin the process of locating an appropriate adoptive placement for the child.
Within fifteen (15) calendar days of the permanent plan becoming "adoption", the Adoption Specialist will convene an Adoption Planning Meeting with the COR Worker, the COS Worker, (if different), the Adoption Specialist assigned to the child and the appropriate ASWSs. Other staff may be invited. The purpose of this meeting is to develop separate service plans for the child, the birth family and the adoptive family. Each plan includes:
* Goals,
* Desired outcomes,
* Services to be performed and by whom, and
* The time frames in which the tasks will be completed. Issues which might be addressed in the service plans include, but are not limited to:
* A comprehensive child assessment,
* The role of birth family in the child's future,
* Life book preparation,
* Completion of any medical or dental treatments for the child,
* Determination that the child has an adequate supply of clothing,
* TPR, either voluntarily or through court action,
* Compilation of documents needed for legal action, and
* Discussion with Resource Family regarding their interest in adopting the child.
Assure the goals of the service plans are met within the specified time frames.
Convene Adoption Status Meetings with the DFCS Worker, and the worker's supervisor in the following frequencies: weekly for infants from birth to twelve (12) months; monthly for all other children awaiting adoptive placement. The purpose of these meetings is:
* Review the progress of the Adoption Plan,
* Identify barriers, and
* Develop strategies to overcome the barriers in order to achieve the goal of adoption.
The Adoption Status Meeting shall be documented in the child's case record in MACWIS within 5 working days by the Adoption Specialist.
As a part of the adoption plan, the Adoption Specialist will complete an Assessment and Preparation process with the child. During this process, the Adoption Specialist shall discuss with the Resource Family and the child the possibility of adoption by the current Resource Family. The Resource Family shall be informed of the child's potential eligibility for Adoption Assistance and enter documentation of this discussion into the child's and Resource Parents' file in MACWIS.
If the current Resource Family will not or cannot adopt the child, the Resource Unit will proceed to identify an adoptive family for the child and will make every effort to place the child in a permanent adoptive home within ninety (90) calendar days of the primary plan becoming adoption. These efforts, include informing all identified potential adoptive families of the child's potential eligibility for Adoption Assistance, and shall be entered in to the narrative section of both the child's and Resource Parents' files in MACWIS. If the child is not legally free for adoption, she/he will be placed with an adoptive family who is willing to accept a Legal Risk Placement.
Once a placement has been identified, obtain approval of the proposed placement from COR supervisor prior to beginning pre-placement activities.
Coordinate with COR/COS, the pre-placement visits and activities between the child and the pre-adoptive family.
Coordinate the actual placement with the family, which will begin with the sharing of information about the child with the family and information about the family with the child. If appropriate, the family will be given an opportunity to consult with their own attorney about the risks involved and if the child is not legally free for adoption.
A series of pre-placement visits will be coordinated, and when both the child and family are comfortable with proceeding with the placement, the family will sign either the Adoption Placement Agreement or the Legal Risk Placement Form.
Provide written notification of the placement to the COR and COS, if appropriate.
Supervise the adoptive placement and communicate with the COR via regular supervisory reports of the placement.
For every child whose permanency goal is adoption, the Resource Specialist will document in child's narratives monthly, the steps taken to find an adoptive family or permanent home. The documentation must include child specific recruitment efforts such as Adoption Resource Exchange, internet, newspaper, adoption picnic, media and/or other efforts.
Publication of a child's picture in recruitment efforts may not occur until the child is legally free for adoption- not just when the plan is adoption.
The goal of adoption is considered achieved when the child is placed with an adoptive family and the adoption has been finalized. The COR Worker will document in MACWIS the dates in the legal history detail tab.
The ASFA created Another Planned Permanent Living Arrangement (APPLA) as the least preferred permanency option for children. APPLA is not intended to be a catch all for whatever plan is needed, but is a "living arrangement that is truly planned and permanent in nature."
"Planned" means the arrangement is intended, designed, considered, premeditated, or deliberate.
"Permanent" means endearing, permanent, or stable.
"Living arrangement" includes not only the physical placement of the child, but also the quality of care, supervision, and nurturing the child will receive. While living arrangements might not be a specific residence or facility it does imply certain stabilizing features.
If DFCS concludes, after considering reunification, adoption, durable legal custody, and permanent placement with a relative, that these permanency plans are inappropriate or unavailable for a child, DFCS may assign a permanency goal of Another Permanent Planned Living Arrangement (APPLA) for the child. In such circumstances:
APPLA will either involve a permanent adult caregiver of the child or at least adult parent figures playing permanent and important roles in the child's life. The decision and development of an APPLA should include the following:
* Parent(s)
* Placement provider
* Youth
* DFCS COR/COS Worker
* Guardian Ad Litem
* COR ASWS
The DFCS Sup ervisory Administrative Review (SAR) is an administrative review that meets the requirements of MISS. CODE ANN. § 43-15-13(3), which require that all open cases have a supervisory review.
The SAR is completed in MACWIS at the following intervals by the COR Supervisor:
The SAR consists of a review of the electronic and paper files as well as an individual conference with the assigned COR Worker. This review shall be printed, signed and filed in the paper case record.
A special permanency review shall be held for all children who have been in custody for 15 of the most recent 22 months without an ASFA exception or for whom a TPR petition has not been filed.
* The special permanency review shall be held by the 15 th of each month.
* The review should be scheduled by the ASWS with attendees including: the assigned Worker, assigned ASWS, and another licensed social Worker who is not involved in the direct supervision of the case and who has expertise in the area of permanency.
* This should be documented in the MACWIS narrative and all participants should be included in the participant box.
* The review should produce a written plan of action regarding the steps to be taken by DFCS, and/or any other provider of services, in order to achieve permanency in a timely manner.
* The case plan should be updated paying special attention to permanency barriers.
* These special reviews shall be held until all barriers to permanency have been resolved, a TPR petition has been filed, or an available ASFA exception has been documented in the case record.
The COR should discuss the Foster Care Review (FCR) process with all families of children in DFCS custody, preferably during the FTM held within thirty (30) calendar days of the opening of the case or during a subsequent FTM. If the grandparents and placement providers are not present at the FTM when the FCR process is discussed, the COR Worker shall discuss the process with these parties either by phone or letter.
The FCR process should be discussed verbally with children in DFCS custody in words which can be easily understood. If a child is placed outside the COR, assistance may be requested from the COS in preparing the child.
The following points should be included in the discussion:
* Understanding the child's anxiety about his/her future
* The purpose of the County Conference (which is to discuss plans for the child and the parents)
* The persons who may attend the County Conference
* The child's right to decide if he/she wishes to attend and /or participate in the County Conference. (Note: See 3(a) below for criteria related to "County Conference")
In addition, the following are caseworker responsibilities related to the FCR's:
* Sending out invitations and preparing the participants for FCR;
* Updating the FSPs and all other pertinent case information;
* Filing loose case material in the case record;
* Documenting the case review in a case narrative in MACWIS;
* Submitting the case record to the ASWS for review;
* Making diligent efforts to arrange for a translator to be present for any meeting including FCR, that involves a child or parent who does not speak or comprehend English or who is hearing impaired.
The supervisor's case review will also be documented in a case narrative in MACWIS.
The COR will make diligent efforts to arrange for a translator to be present for any County Conference involving a child or parent who does not speak or comprehend English or who is deaf
A County Conference is a key element in Family Centered Practice.
County Conferences give the family a formal opportunity to discuss the child's permanent plan, discuss what the parents have accomplished on their own FSPs and state their ideas and future plans. The Worker has an opportunity to discuss the parent's progress toward achieving permanency goals.
Participation in the County Conference by children and youth in DFCS custody, ages 6 and above, is encouraged.
The role of a Foster Care Reviewer is that of an objective collector and presenter of information, an objective moderator at County Conferences, and to assist the RD, ASWS, and Worker in identifying strengths and areas needing improvement in foster care cases.
The County Conference is scheduled and facilitated by the Foster Care Reviewer. It is usually held in the COR. The COR will provide a conference room or other appropriate space for the County Conference to be held. The assigned Worker, ASWS, or designee is responsible for seating and introducing any invited participants.
* The Foster Care Reviewer, who serves as the facilitator, will explain the purpose of the conference to the assembled participants and ask everyone to sign a Confidentiality statement. (see Appendix Q)
* The assigned Worker, ASWS, or designee, will explain the county's permanent plan for the child and what must be done to achieve that plan.
* The parent, the child, and other participants will be encouraged to share their thoughts and plans with the Reviewer and the group. Every participant will be given an opportunity to be heard and to ask questions.
* The Foster Care Reviewer will take notes of what is said by each participant so that a summary of what is discussed can be documented in the Youth Court Hearing and Review Summary (YCHRS) and provided to the court.
The Reviewer will use information gathered from the case record (in MACWIS and the paper file) and from information gathered during the County Conference to complete the Periodic Administrative Determinations (PAD) on Children in DFCS's Custody. The PAD contains the determinations mandated by law and other determinations related to the child's safety, permanency, and well-being.
The Reviewer will also complete the required review screens in MACWIS within ten ( 10) calendar days of the County Conference. The information entered on these screens will be compiled to produce the County Conference (Foster Care Review Conference) Report, also known as the Youth Court Hearing and Review Summary (YCHRS).
Pursuant to MISS. CODE ANN. § 43-15-13(3), DFCS is required to administer a system of individualized plans and biannual review for children in its custody. That system shall be for the purpose of enhancing potential family life for the child by the development of individual plans to return the child to its natural parent or parents, or to refer the child to the appropriate court for TPR and placement in a permanent relative's home, adoptive home or foster/adoptive home.
The enactment of the Adoption Assistance and Child Welfare Act of 1980 ( P.L. 96-272) amended the Social Security Act to require that DFCS conduct an administrative case review at least once every six months for each child in DFCS custody. The law mandates that the child, his parents, and their representatives be allowed to participate in the review and that procedural safeguards to protect their rights be maintained. The Social Security Act Amendments of 1994 (P.L. 103-432) expanded the determinations which must be made by the reviews.
The intent of both laws is to promote permanency planning for children by returning the children to their own home, placing them with relatives, or freeing them for adoptive placement.
The federally mandated purpose of the FCR process is to address:
* Appropriateness of the permanent plan;
* Safety of the child,
* Continuing need for placement,
* Appropriateness of placement setting,
* Level of restrictiveness (including why an out-of-state placement is most appropriate and in the best interest of child);
* Extent of compliance with the case plan for the child;
* Extent of progress made toward alleviating or mitigating the causes necessitating the placement of the child in foster care; and
* Estimated date by which a permanent plan can be achieved and the child may be returned and safely maintained, or placed for adoption or legal guardianship (durable legal custody) and
* For youth, 16 and older and the permanency plan is APPLA, determine the steps the agency is taking to ensure the resource parent(s) or child placing agency is following the reasonable and prudent parent standard and ascertain the youth has opportunities to engage in age or developmentally appropriate activities.
MISS. CODE ANN. 43-15-13 (3) additionally mandates that the Foster Care Review will address:
* Extent of the care and support provided by the parents or parent while the child is in temporary custody;
* Extent of communication with the child by parents, parent or guardian.
* Degree of compliance by DFCS and the parents with the social service plan established;
* Methods of achieving the goal and the plan establishing a permanent home for the child;
* Social services offered and/ or utilized to facilitate plans for establishing a permanent home for the child; and
* Relevant testimony and recommendations from the Resource Parent of the child, the grandparents of the child, the GAL of the child, representatives of any private care DFCS which has cared for the child, the social Worker assigned to the case, and any other relevant testimony pertaining to the case.
As a result of the FCR, mandated determinations are made based on the administrative review of the case, comments made during the County Conference, assessments and recommendations made by the COR. 8
The COR must invite the following persons to the child's County Conference:
* All of child's Parents (including alleged or putative fathers). If any parent's whereabouts are unknown, diligent efforts to locate him/her must be documented and an invitation mailed to the last known address. These efforts include but are not limited to:
* Contacting relatives;
* Sending a letter addressed to the parent in care of a relative at the relative's address;
* Checking with the Division of Economic Assistance (including MAVERICS) and the Division of Child Support (including METSS and Parent Locator services);
* Searching the telephone directory and the city directory;
* Contacting all local law enforcement offices; and
* Using the internet to check for location of incarcerated parents (www.mdoc.state.ms.us, then select inmate search).
* The subject child(ren)(regardless of age), must be allowed to attend if they want to; however, they are not required to attend.
* All of the child(ren)'s grandparents shall be invited to participate in the County Conference. MISS. CODE ANN. § 43-15-13(5)(f), provides that grandparents of the child(ren) should be present at the review to give relevant testimony. DFCS shall take reasonable steps, including written notice, to ensure the participation of the child, parents, caregivers, and relevant professionals in the review.
* The child's GAL and/or child's attorney must be invited to participate in the County Conference.
* The COS must be invited to participate in the County Conference if the child is placed outside the COR. The Resource Worker/Adoption Worker shall attend the conference and provide information regarding the child.
* Any other agency staff providing services for the child.
No attorneys except those representing the child(ren) in DFCS custody, are invited. The only attorneys permitted to attend the County Conference are the attorney for the child and/or the attorney(s) for the parents.
Invitations should not be sent to parents who have voluntarily surrendered their parental rights or whose parental rights have been terminated by court action. MISS. CODE ANN. § 43-15-13(10) refers to exception to written notice.
When the parent has voluntarily surrendered parental rights, or had parental rights terminated by court action, his/her parents (who would be grandparents to the child) do not have to be invited but the COR may choose to invite these grandparents. However, Grandparents who have the child placed with them must be invited (as placement providers) even if the parents have voluntarily surrendered their parental rights or had their parental rights terminated by court action.
If there is a standing judicial "no contact", the foster child must still be invited to and allowed to attend and participate in the County Conference, but not at the same time as the County Conference to which the parents are invited. When there is a no contact order, the COR and the Foster Care Reviewer must coordinate to schedule at a different time a separate County Conference to which the child will be invited.
Ten (10) calendar days prior written notice of the upcoming County Conference is required to for all parties. Copies of the invitations should be placed in the paper file. If all parents and grandparents have not been identified on either the Relationships icon in MACWIS or on Form 410 Family Resources for Children, the Worker shall, on the copies of the invitations filed in the paper record, indicate the relationship to the child of each person invited.
MISS. CODE ANN., 43-15-13(f) law also mandates that each child's case plan shall be filed with the court which awarded custody, and be made available to natural parents or Resource Parents upon approval of the court. It also requires the court to make a finding every 6 months as to the degree of compliance by DFCS and the parents with the service plan for the child.
The Foster Care Reviewer has ten (10) calendar days to submit to the COR the determinations and comments in Part B of the YCHRS. Part B is the documentation of the comments made during the County Conference.
The COR Worker then has ten (10) calendar days to complete Part C of the YCHRS and submit to the Supervisor for approval.
part C should be completed as if the Worker is completing a court report. Even though the last tab of Part C is identified in MACWIS as "DFCS Assessment", that tab should be completed as DFCS's recommendation to the court and that is how that section is identified once the report is printed prior to filing it with the court.
The Supervisor or his/her designee must approve the report within ten (10) calendar days and ensure a copy is filed with the court and a stamped copy is placed in the paper record.
The Foster Care Reviewer will notify the ASWS and the assigned Worker of any serious case issues that may require immediate corrective action. Confirmation of notification will be sent in writing by the Foster Care Reviewer to the ASWS, RD, COR Worker, FCR Program Manager/Administrator and FCR DFCS Director II.
The assigned Worker and ASWS will submit a report to the RD with a copy to the Field Operations Director concerning action taken to address the concern.
After receiving the Periodic Administrative Review (Form 4253), the ASWS and the assigned Worker will complete a case staffing which should be documented in MACWIS. The case staffing will detail any corrective action required as a result of Form 4253 notations.
The RD will pull a random list from the names on the Periodic Administrative Reviews and will view the MACWIS case record for documentation of case staffing and to determine if actions were completed.
The following items are to be submitted to the court or jurisdiction no later than forty-five (45) calendar days from the date of the County Conference:
* The original plus 1 copy of the YCHRS report (part A, B, and C), plus one copy;
* The Child's Individualized Service Plan;
* The Adult (parental) Individualized Service Plan (if applicable);
* A cover letter, asking the clerk of the court to file the original report, stamp the copy "Filed", and return the copy, along with a copy of the filed Six Month Review Order, or any other order which the judge issues as a result of making the finding which is mandated in MISS. CODE ANN. § 43-15-13(4).
A Shelter Hearing is held when a child has been taken into temporary custody and must be held within forty-eight (48) hours, excluding Saturday, Sundays, and statutory state holidays. Reasonable oral or written notice of the time, place and purpose of the hearing shall be given to the child; to his/her parent, guardian or custodian; to his/her GAL, if any; and to his/her counsel. At this hearing all parties present shall present evidence and cross-examine witnesses produced by others to ascertain whether custody is necessary.
MISS. CODE ANN. § 43-21-551(1), states that "Unless the hearing is continued upon a showing of good cause or the person who is subject to the cause has admitted the allegations of the petition, an adjudicatory hearing shall be held within ninety (90) calendar days after the filing of the petition to determine whether there is legally sufficient evidence to find that the child is a delinquent child, a child in need of supervision, a neglected child or an abused child. If the adjudicatory hearing is not held within the ninety (90) calendar days, the petition shall be dismissed with prejudice."
MISS. CODE ANN. § 43-21-601(1), states that "If the child has been adjudicated a delinquent child, a child in need of supervision, a neglected child or an abused child the youth court shall immediately set a time and place for a disposition hearing which shall be separate, distinct and subsequent to the adjudicatory hearing. The disposition hearing, however, may be held immediately following the adjudicatory hearing unless a continuance is necessary to allow the parties to prepare for their participation in the proceedings." The judge makes a determination at this hearing whether the child will be returned to the parent(s), legal guardian, or relative or remains in the custody of DFCS.
A child's permanency plan shall be reviewed in a court or administrative case review at least every six months. Foster care reviews shall satisfy this administrative case review requirement. DFCS will take reasonable steps, including written notice, to ensure the participation of the child, parents, caregivers, and relevant professionals in court or administrative reviews.
DFCS will take reasonable steps to ensure that a court review, which may be called a review, dispositional, or permanency hearing, is held for each child in foster care custody within 12 months of initial placement, and annually thereafter.
DFCS shall review all documented exceptions under the federal Adoption and Safe Families Act (ASFA) for children who have spent more than 17 of the previous 22 months in foster care during the child's foster care review.
A Permanency Hearing is an official meeting, inside a court or administrative body, for the purpose of determining a child's permanency plan and/or reviewing the sufficiency of the one previously decided upon. Specifically U.S.C. 675 §475(5)(c) defines the purpose as "...{to} determine the permanency plan for the child...". The purpose of permanency hearings, in general, is to compel a resolution of the case so the child does not remain indefinitely "in the system."
MISS. CODE ANN. § 43-15-13(5), as amended, and 42 D.S.C.675§ 475(5) (C), provide the following with regard to who holds permanency hearings-" the youth court or its designee(s) and/or the personnel within the Department of Human Services (MS Code) and "in a family or juvenile court or another court(including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court " (§ 475(5)(c)
42 U.S.C. 675, § 475(5)(B) states " the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by an administrative review." These reviews may be labeled by the reviewing as a "Six Month Review Hearing", a "Dispositional Hearing" or a "Permanency Hearing", but note - there is a difference between a Permanency Hearing and any other review of the case.
42 U.S.C. 671 § 471 provides that the court or administrative body must make a findings of whether or not reasonable efforts have been made to finalize a permanent plan, and MISS. CODE ANN. § 43-15-13(8), maintains that DFCS' " first priority shall be to make reasonable efforts to reunify the family when temporary placement of the child occurs or shall request a
finding from the court that reasonable efforts are not appropriate or have been unsuccessful." A determination shall also be made as whether such placement continues to be appropriate and in the best interest of the child.
DFCS shall provide the youth court with jurisdiction over the child, a detailed up-to-date report on the current status of the child's placement, visitation, permanent plan progress, and service needs.
"Permanency Hearing" is defined in 42 U.S.C. 675, § 475(5)(C) as being a "...hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child?" After the initial permanency hearing, subsequent permanency hearings must be held no less frequently than every 12 months during the child's continuation in foster care.
MISS. CODE ANN. § 43-21-603(7) requires that: "Once the reasonable efforts [to maintain the child in his/her own home] requirement is bypassed, the court shall have a permanency hearing under Section 43-21-613 within thirty (30) days of the finding."
MISS. CODE ANN. § 43-21-613(3)(a) requires that: " ...For children who have been adjudicated abused or neglected, the youth court shall conduct a permanency hearing within twelve months after the earlier of (i) an adjudication that the child has been abused or neglected; or (ii) the date of the child's removal from the allegedly abusive or neglected custodian/ parent..."
And MISS. CODE ANN. § 43-21-613(3)(a)(ii) further requires: "...that the youth court shall continue to conduct permanency hearings for a child who has been adjudicated abused or neglected at least annually thereafter for as long as the child remains in the custody..."
A written court order shall result from the review hearing. It must show that a determination was made about the future status of the child, including, but not limited to, whether the child shall:
The Worker must request the Permanency Hearing in MACWIS sixty (60) calendar days prior to the hearing due date.
DFCS is directed to invite parents and/or legal guardians, foster, adoptive or relative-care parents, and grandparents to the review hearings, and any proceedings held with respect to the child in foster care pursuant MISS. CODE ANN. § 43-21-603(5) (e). However others who may have "relevant testimony" may be invited:
* Child
* Parent(s)-birth, legal, putative, primary caretaker, adoptive or Resource Parents
* Relatives with legal custody or other custodial adults
* Extended family members
* Assigned Worker and supervisor
* County Prosecuting Attorney
* Attorney for the child and/or GAL
* Court Appointed Special Advocate (CASA)
* Law enforcement officers
* Service providers
* Other witnesses
(Some courts require this to be handled differently. It is advisable to check with your court for any local rules that are applicable)
* Notification Types include the following:
* Telephone Call
* Letter
* Summons and/or Subpoena
* Face-to-face notification
Documentation should be provided to the court by the Worker regarding who provided notice and what type of notification was used.
Termination of parental rights (TPR) ends the legal parent-child relationship. TPRs may be effectuated via voluntary relinquishment of rights by the parent(s) or by a judicial finding by the court after parental due process.
After their child(ren) have been placed into DFCS custody, parents have a six-month period of time to work with the COR and complete an adult FSP for the benefit of the child. If the FSP is not satisfactorily completed within six months and if there are no compelling reasons to extend the FSP, DFCS may initiate a referral for TPR. (see MISS. CODE ANN. § 43-15-13(3-4)).
According to MISS. CODE ANN. § 43-15-13(4), DFCS may initiate TPR as follows:
If the conditions in the parents' FSP has not been satisfactorily met,
* For children under the age of three (3) years, termination of parental rights shall be initiated within six (6) months, unless the department has documented compelling and extraordinary circumstances, and placement in a permanent relative's home, adoptive home or foster/adoptive home within two (2) months; and
* For children who have been abandoned under the provisions of Section 97-5-1, termination of parental rights shall be initiated within thirty (30) calendar days in an adoptive home shall be initiated without necessity for placement in a foster home.
Per MISS. CODE ANN. § 43-15-13(3), DFCS shall initiate TPR proceedings: "For any child who has been in foster care for fifteen (15) of the last twenty-two (22) months regardless of whether the foster care was continuous for all of those twenty-two (22) months? The time period starts to run from the date the court makes a finding of abuse and/or neglect or sixty (60) calendar days from when the child was removed from his/her home, whichever is earlier".
The Worker shall inform parents of the following facts:
If parents voluntarily surrender their rights, they must be asked if they understand the consequences of the surrender. DFCS may accept a voluntary surrender, regardless of the parent's age (MISS. CODE ANN. § 93-15-103(2)), unless that parent is non compis mentis and/or committed to a psychiatric hospital for the mentally ill or mentally retarded.
MISS. CODE ANN. § 93-15-103 through 93-15-111 provides the procedures and grounds for the TPR.
MISS. CODE ANN. §§ 43-15-13(3) and (4) provides additional circumstances under which TPR may be initiated.
MISS. CODE ANN. § 43-21-121 provides for the appointment of a Guardian Ad Litem (GAL) to protect the interest(s) of the child.
MISS. CODE ANN. § 43-21-121(2) states that "the Guardian Ad Litem shall be appointed by the court when custody is ordered or at the first judicial hearing regarding the case, whichever occurs first".
The grounds for TPR are based on one or more of the following eight factors which may be found at MISS. CODE ANN. § 93-15-103(3). The following grounds may apply singularly or in combination in any given case:
DFCS is required to file a petition or join an existing petition to terminate parental rights and concurrently identify, recruit, process, and approve a qualified adoptive family:
DFCS may choose not to file for TPR if any of the following apply and a court order is obtained:
Compelling and extraordinary reasons may include but are not limited to the following:
All exceptions for compelling reasons must be approved by the assigned ASWS and the RD, and shall be documented clearly in the case record. Children who have been in care 15 of the last 22 months must have an exception noted or a TPR petition filed no later than the 17 th month in care.
The COR Worker shall have the following responsibilities in obtaining TPR:
* The RD will send both an electronic and paper request to the Permanency Unit at the State Office.
* The RD will approve the TPR request in MACWIS when the TPR packet is sent to the Permanency Unit.
* The Permanency Unit will notify the Attorney General's (AG) office that a TPR packet has been sent.
When a child's primary permanency goal is established as adoption, DFCS shall submit a TPR packet to the State Office within 30 calendar days. Within 30 calendar days of receipt of the TPR packet by the State Office, the State Office shall:
* review the packet,
* remedy any deficiencies, and
* submit a TPR referral to the Office of the Attorney General.
Within 30 calendar days of such referral, the Office of the Attorney General shall either file the petition for TPR or document to DFCS a legal deficiency preventing timely filing. Within 10 working days of receiving documentation of a legal deficiency, the assigned DFCS Worker shall document to the Office of the Attorney General the steps to be taken to address the deficiency. The DFCS Worker and that Worker's direct supervisor shall meet in person every 30 calendar days thereafter to document progress being made to address the legal deficiency until a TPR referral has been accepted as legally sufficient by the Office of the Attorney General, who shall file the petition for TPR within 30 calendar days.
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."
Possible sources for diligent searches include, but are not limited to:
The Worker should document all efforts to locate the biological father whose identity is unknown or whose identity is known but whose address is unknown.
When submitting a TPR packet to the Permanency Unit, these items must include:
A copy of the completed/signed TPR Checklist shall be filed in the case file.
To prevent delays in processing the information, the county should submit a complete referral including all of the items listed above.
Upon receipt, a Permanency Unit Worker will:
* Date stamp and log the information,
* Make the appropriate number of copies,
* Set up a case record,
* Review the information, and
* Prepare a "Data Sheet" for the Director's Advisory Committee on Permanency Planning (DACOPP) members, if applicable.
The COR Worker will obtain information for the Health Department form MSDH-913 and other case documentation. This information is used to:
A referral may be made in cases where a court has mandated the county office to file a petition or take the necessary action needed to terminate parental rights. This request should be acted on within thirty (30) calendar days. These cases are not reviewed by DACOPP because the court order takes precedence over any DACOPP decision. DACOPP is made aware of these referrals, however, by the Permanency unit.
Some judges order the county office to bypass the state office and submit court ordered TPR referrals directly to the AG's Office. This is acceptable because the county office must comply with the court order. At the same time, the COR must submit a complete TPR referral to the Permanency unit at the State Office to prevent delays in processing.
This type of referral occurs when all legal, biological and putative parents have signed the form MDHS-SS-459 "Voluntary Surrender of Parental Rights". Voluntary Surrender of Parental Rights is permanent and irrevocable except for showings of fraud and/or financial gain, duress or undue influence.
With the Voluntary Surrender, the parent(s) must also sign State Department of Health Form 914 or 915(originals), depending on whether or not the parent wants information about them given to the child when the child reaches adulthood.
If only one parent releases his/her parental rights, the TPR referral will be reviewed by DACOPP to determine if sufficient grounds exist to terminate the parental rights of the other parent.
If both parents have signed the MDHS-SS-459 "Voluntary Surrender of Parental Rights" in the presence of a notary public, the referral will not be reviewed by DACOPP but the Permanency Unit will obtain a legal clearance.
If the parents were not married and there is no court order establishing paternity in the man claiming to be the father or in the man the mother claims to be the father, a TPR hearing must be held for an "Unknown Putative Father" before any legal clearances may be obtained.
The Voluntary Surrender should not be offered to parents who are non compis mentis and/or committed to a psychiatric or state hospital.
A parent may sign one or more of the following MDHS forms:
This form may not be executed by the birth parents until 72 hours after the birth of a child.
Each parent must sign at least six originals of this form in the presence of the Worker and a notary public. The originals are distributed as follows:
* Originals #1-2 each parent,
* Original #3 filed in the case record
* Original #4-7 four originals are forwarded to the Permanency Unit along with a complete TPR referral.
Note: Original 459's for each child of each parent must be included in the TPR packet.
This form is signed by the unmarried or married mother whose abandoned husband is not the biological father of the child.
There must be six originals of this form signed in the presence of the Worker and a notary public. The originals are distributed as follows:
* Original #1 mother,
* Original #2 filed in the case record
* Original #3-6 four originals are forwarded to the Permanency Unit along with a complete TPR referral.
If the named father has not established any rights, the Worker shall give him information about how he can file to establish paternity.
This form is signed when the Mother cannot identify the biological father. Six originals must be signed in the presence of the Worker and notary public. The originals are distributed as follows:
* Original #1 mother,
* Original #2 filed in the case record
* Original #3-6 four originals are forwarded to the Permanency Unit along with a complete TPR referral.
This type of referral is not court ordered nor have the parents surrendered their rights.
The referral is prepared by the COR after all reasonable and diligent efforts to reunite the child with his/her family or place the child with relatives have failed.
The COR will document efforts to locate parents, if appropriate and identified legal grounds on which to terminate parental rights.
If these actions have taken place, the COR will prepare and submit a TPR referral with all required items to the Permanency unit. The referral will be reviewed by DACOPP to determine if sufficient grounds exist to terminate the parental rights.
These referrals are considered to be "special" because three circumstances apply:
This is a special kind of rare situation because both parents are deceased and there are no rights to terminate.
Along with regular TPR referral paperwork, the COR must submit the death certificates of the parents.
In addition, if circumstances dictate, a TPR referral may also be made to TPR an Unknown Putative Father.
Prior to the entry of a Judgment Terminating Parental Rights the parent has a right to:
Evaluation of a TPR referral is conducted by the Permanency Unit TPR Coordinator. Referrals that are not court ordered are reviewed by the (DACOPP). If DACOPP requires additional information, a request will be submitted to the COR. When the review is completed, DACOPP will forward the review sheet and letter to the RD and COR.
The Permanency Unit will adhere to the following TPR procedures:
A Special Assistant Attorney General will draft the petition and send it to the COR Worker and supervisor to review and to make any corrections or additions needed. The Worker should carefully review the petition for accuracy, making sure all the appropriate grounds are included, before routing it to the Placement Director for signature.
During the TPR process, the COR must notify the AG's Office of any changes in the case or with the family. Any questions or concerns must be discussed with the Special Assistant Attorney General handling the case or assigned to the region.
If the petition is correct it should be forwarded immediately to the Placement Director for signature. Within fourteen (14) working days of the COR's receipt of the petition, it must be signed by the RD and returned to the AG's office.
The attorney handling the case will notify the county of the date of the hearing and will help prepare staff for the court appearance. The petition may be presented to the court for adjudication at any time after the expiration of thirty (30) calendar days after process has been received by the respondent(s).
18 Miss. Code. R. 6-1-D-VII