18 Miss. Code. R. 6-1-F-I
The Mississippi Department of Human Services will hereinafter be known as "MDHS" and its Division of Family and Children's Services hereinafter will be known as "DFCS".
The Mississippi Department of Human Services (MDHS), Division of Family and Children's Services, (DFCS) is designated by MISS. CODE ANN. § 43-15-5(1) to "administer and supervise the licensing and inspection of all private child placing agencies" and "provide for the care of dependent and neglected children in foster family homes or institutions. DFCS is responsible for setting and developing standards for "single application" (foster, adopt, kinship care) Resource Homes. This includes placing children in suitable foster and adoptive homes approved by licensed child placing agencies in cases where restoration to the biological family is not safe, possible or appropriate, thus creating Resource Families, both temporary and permanent. In Mississippi many children who are freed for adoption are adopted by their Resource Family.
MDHS is the designated agency to provide social services under P.L. 93-647 (Child Support Enforcement and Paternity Establishment Program, CSE), Title XX of the Social Security Act, (Social Services Block Grants, SSBG); Title IV-A (Temporary Assistance for Needy Families, TANF),, Title IV-B, Child Welfare Services, Title IV-E, Foster Care and Adoption Assistance, and related programs of social services.
To qualify for federal funds administered through these programs, a facility serving children must be licensed or certified by DFCS as meeting the minimum standards; Compliance with all applicable state and federal laws is required.
MISS. CODE ANN. § 43-15-13(2) states:
The Department of Human Services shall establish a foster care placement program for children whose custody lies with the department, with the following objectives:
DFCS will work to assure that each child in its care and custody has a family who meets his/her needs for safety, permanency and well-being. Prospective Resource Parents must possess the skills, or have the potential to develop the skills, to meet the needs of children in the care and custody of DFCS.
To achieve this goal DFCS has standardized requirements that are child centered and family focused, which requires finding a family for each child, rather than finding a child for each family.
Through the use of these standards, DFCS seeks to develop a pool of Resource Families who reflect the diverse racial, ethnic and minority status of the children in its care.
The primary basis for selection is the applicant's potential to meet the needs of children who have been abused and/or neglected and who require placement with a Resource Family.
While all applicants may not want to provide both foster and adoptive care, the same licensing process is required in either program area. All applicants applying to become a Resource Family shall go through an initial screening, assessment home study, pre-service training, and meet the resource licensing requirements.
This policy is designed to provide clear and concise instructions regarding the licensing process of families so children who are in the care of DFCS will be placed in the most protective environment as it relates to their safety, permanency, and well-being.
The Improving America's Schools Act ( P.L. 103-382 ) contains the Multi-Ethnic Placement Act of 1994 (MEPA). An amendment to this Act is part of the Small Business Job Protection Act of 1996 ( P.L. 104-188 ) and is known as the Interethnic Adoption Provisions Act of 1996 (IEP). MEPA-IEP prohibits agencies receiving Title IV-E foster care funds from
deny[ing] any person the opportunity to be an adoptive or foster parent ... or delay[ing] or deny[ing] the placement of a child ... solely on the basis of race, color or national origin of the adoptive or foster parent or the child ...
( PL 103-382, § 553 a.1.A-B)
These factors must be applied on an individualized basis, not by general rule "in the best interest of the child."
Neither race, color, nor national origin (RCNO) of a child or prospective caregiver may be considered in the placement selection process for a foster child unless an individualized assessment reveals that such consideration is in the child's best interests. Culture may not be used as a proxy for RCNO. Placements may not be delayed or denied on the basis of RCNO of the child or the provider.
A Licensure Specialist and/or County of Responsibility (COR) Worker must document all factors considered in the selection of a placement for a child. MEPA is viewed in conjunction with Title VI of the Civil Rights Act of 1964 which prohibits recipients of federal financial assistance from discriminating based on race, color, or national origin in their programs and activities and from operating their programs in ways that have the effect of discriminating on the basis of race, color, or national origin.
MEPA as amended by IEP calls for the diligent recruitment of foster and adoptive families that reflect the racial and ethnic diversity of children in foster care. To comply with MEPA/IEP, DFCS shall focus its recruitment process on developing a pool of potential Resource Families who are willing and able to foster or adopt the children needing placement.
To develop this pool of potential Resource Families, recruitment shall be both general and targeted. All members of the community should be reached by use of the general media such as radio, television, and print. In addition, information should be disseminated to targeted communities through community organizations such as religious institutions, neighborhood centers, civic clubs, schools, workplaces, and medical facilities.
42 U.S.C. 675 § 475(5) (a.) mandates that any child removed from his/her parent or guardians' home should be placed in the least restrictive (most family like) setting available and in close proximity to the parents' home, consistent with the best interests and special needs of the child. Therefore, priority shall be given to placing a child within a 50 mile radius from his/her original home, unless he/she is freed for adoption, consistent with the child's best interest and special needs.
Sec. 152. C. Requirement to complete background checks before approval of any foster or adoptive placement and to check national crime information databases and state child abuse registries; suspension and subsequent elimination of opt out.
Child Placing Agency
A private agency which places children in single-family Resource Homes for the purpose of temporary foster care or adoption. Child Placing Agencies that provide placement resources for children in the custody of DFCS must be licensed by DFCS to do so and must provide placement services in accordance with DFCS policies and guidelines.
Fictive Kin
A term used to refer to individuals who are unrelated to the child by birth, marriage, or adoption but who have an emotionally significant relationship that takes on the characteristics of a family relationship.
Foster Care
The 24-hour care and supervision of a child in the custody of DFCS which is provided by a licensed Resource Family in a single-family home or in a licensed residential child caring agency in a group care setting.
Care includes the provision of food, lodging, clothing, shelter, support, ordinary transportation, recreation and training which is appropriate for the child's age and mental and physical capacity. It also includes working with the child's birth parents, contributing to the creation and updating of the child's life book and personal history, and assisting the child in maintaining cultural and ethnic connections.
Home Study
The process by which a family and their home are determined to be a suitable placement for a child for the purposes of temporary foster care or adoption. Child Welfare Gateway assigns three purposes to the home study process:
* Educate and prepare the family for placement
* Evaluate the fitness of the family
* Gather information that will help match the family with a child whose needs they can meet.
Kinship Care
The placement of children with relatives such as an adult brother or sister, a cousin, niece or nephew, uncle or aunt, grandparent, or fictive kin.
First priority for placement shall be given to a relative when it is suitable and appropriate to do so. If a child is in the custody of the DFCS and placed with a relative, the relative must be licensed as a Resource Family within ninety (90) days of placement.
Regional Records Review Committee
The Regional Records Review Committee consists of the Regional Director (RD), Licensure ASWS, County ASWS in the county where the applicant's home is located and/or Regional ASWS. The Committee is convened to evaluate all background information from all sources on resource applicants in order to provide input to assist the Licensure ASWS in determining approval of licensure. The Director of DFCS or Bureau Director of Protection, Prevention may opt to be a part of any Regional Records Review Committee on a case by case basis.
Relative Caregiver
An individual within the third degree of relationship or a step-parent of the child and is responsible for the primary care and supervision of the child. Relationship may be established by blood, marriage or adoption.
Residential Child Caring Agency
A public or private agency that provides residential child care in a group setting and not in a private residence. If a Residential Child Caring Agency provides placement services for a child who is in the custody of DFCS for the purpose of temporary foster care, it must be licensed by DFCS to do so and must provide placement services in accordance with DFCS policies and guidelines.
Resource Home
A single-family home licensed to provide care for a child in the custody of DFCS when that child cannot return safely to his/her own home for a period of time, temporarily or permanently. A Resource Home may be a foster, adoptive, or kinship care home.
Resource Specialist
A Resource Specialist is either a Licensure Specialist or an Adoption Specialist.
Resource ASWS
A Resource ASWS is either a Licensure ASWS or an Adoption ASWS.
18 Miss. Code. R. 6-1-F-I