18 Miss. Code. R. 6-1-D-XI
Although it is sometimes not possible for various reasons, it is always preferable for a child to be removed from foster care through prior planning by the Worker and ASWS.
The child (if age appropriate) and family should be engaged in this planning and be kept informed of the progress toward meeting the established goals in order for the child to leave foster care. After receiving proper approval from the court holding jurisdiction the child may be:
* Reunified with Parent or Primary Caregiver (from whom the child was removed);
* Custody with a relative;
* Durable legal custody/guardianship with relative or guardian;
* Adopted; or
* Reached the age of 20.
For each child who has a permanency goal of reunification and who is, in fact, placed in the home for the purpose of reunification, DFCS shall provide, subject to the approval of the youth court, such child with a 90-day trial home visit, unless that child had been in custody for less than ninety (90) days.
During any trial home visit period, a Worker shall meet with the child in the home at least two times per month, and each meeting shall occur without the parent or caretaker present.
Prior to any child leaving foster care, except through death or if the child is involved in an unauthorized absence, either by their own actions or actions of others, the COR Worker should discuss the plans with the ASWS. After ASWS approval is obtained, careful planning for the departure shall be implemented. The ASWS shall be kept informed of each step and additional approval obtained, as necessary, in order to assure a smooth transition.
Prior to the actual return or trial return to the parents, the Worker must also seek approval of the court.
The Worker shall request a review hearing with the judge and recommend a trial return home with DFCS maintaining custody and supervision. The resulting court order shall be filed in the case record.
If a youth leaves custody after attaining the age of eighteen (18), the following criteria shall be met.
In such cases, the following steps should be taken:
Worker shall staff with the ASWS and discuss the specific discharge plans. A Review Hearing shall be requested in order to present this placement option to the court. The Worker shall submit a written report to the Youth Court with the following information included:
* A detailed explanation of services that will be provided to the child, Resource Family (if applicable), relatives or other support systems identified by DFCS;
* A detailed plan for a 90-day trial placement. During any trial visit period, the COR/COS Worker shall meet with the child in the placement at least two times per month, and each meeting shall occur without the parent or caretaker present.
* Before the end of any trial home visit, there shall be a final family team meeting, which shall include the child's Worker, the Worker's ASWS, the child, and the parent or relative assuming custody, to determine the appropriateness of a final discharge.
Youth Court jurisdiction terminates when a child reaches age twenty (20) or sooner if determined by the youth court (Miss. Code Ann., § 43-21-151(2)).
If DFCS determines the need to retain custody of a child beyond age twenty (20), the COR may petition the Chancery Court for continued custody until the child reaches age 21. This petition must be filed prior to the child's 20 th birthday. MACWIS will send the COR Worker a tickler 60 days prior to the youth's 20 th birthday alerting the Worker of potential pending legal action.
Orders of the following type shall be transmitted to the AG's office immediately for handling:
Upon termination of the jurisdiction of the Youth Court, the case record may be closed.
In order to close a case in MACWIS, the Worker must complete the Final Case Plan and end all services within 10 days of case closure.
The parents' Final FSP will not be submitted until:
For "placement " cases, the Worker is also responsible for end-dating custody for each child on the "Legal History " tab in MACWIS. Any ICPC outgoing action must be withdrawn or closed before ending custody and the child cannot have any pending support services or any funds left in his or her account.
The last step on the child's record is to complete the Final FSP which includes end-dating the permanency and concurrent plan s, if applicable, and updating necessary tabs.
A child's FSP cannot be closed if eligibility and/or a TPR Request are still pending.
After approving the final FSP, the ASWS should end -date the case in MACWIS using the "Case Assign/Transfer " icon.
On the "narrative " screen in MACWIS, the Worker shall list all documents given to the youth upon discharge from custody.
Whatever the reason for leaving custody, the Worker shall ensure that the child/youth or parent/guardian receives the following documents:
Other documents supplied, at no cost, to the youth/parent/guardian upon discharge from custody should include:
Aftercare services shall be offered to youth starting at age eighteen (18) to twenty-three (23) through the IL contract provider. COR workers shall complete and submit the Aftercare referral form to the contract Transitional Care Coach in their region. Aftercare services provided by the contractor include Independent Living Placements, Emergency Services, Continuing Independent Living/Life Skill assistance, Education assistance, and Mental Health referral.
18 Miss. Code. R. 6-1-D-XI