Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 6 - Division of Family and Children's Services › Chapter 1 - DFCS Policy Manual › Section 18-6-1-A - Administration › Subpart I - ADMINISTRATION › Section 18-6-1-A-I-X - CASE RECORD DESTRUCTION

Current through June 25, 2024
The RD or designee will determine the schedule for case
						record destruction based on the regulations below. The destruction of case
						records involving children will be in compliance with Section
						43-21-265
						of the Youth Court Act. (
See
MISS. CODE ANN. §
											43-21-265
						"Destruction of Records")
When a record is destroyed, the master index shall be
						checked to see that all birthdates and all unique numbers of individuals and
						children are correctly entered upon it. The master index should then be marked:
						"Case Record Destroyed" and the date of destruction.
DFCS case records are divided into two groups to assist
						in the determination of case record destruction. The two groups are further
						divided between cases not involving DFCS custody and those where DFCS custody
						was involved. The client records are further identified by service type (direct
						services). In cases where more than one service type is involved, the service
						type requiring the longest retention period should prevail.
A.
Group I - Non-DFCS Custody Related
					 Cases
Three (3) years after closure, case records involving the
						following service types may be completely destroyed:
* Case Management
* Investigations-unsubstantiated
Ten (10) years after closure, or when the youngest child
						reaches 21 years of age (whichever occurs last) the case records involving the
						following service types may be completely destroyed:
* Prevention of Abuse/Neglect of Children
* Protection Services - Child
* Protection Services - Adult
* Interstate Compact Services
* Investigations-substantiated
B.
Group II - DFCS Custody Related
					 Cases
:
After the youngest child who was in custody reaches age
						28, the case record involving the following service types may be completely
						destroyed.
* Ten (10) years after closure, foster home case records
						can be completely destroyed.
* When closed because of legal finalization, any case
						record involving adoption should be submitted in its entirety to the Adoption
						Unit in State Office. If more than one county record is involved, all should be
						submitted.
C.
Detailed Procedure
Before any records may be destroyed the county must:
1. Secure a blanket order from the
					 county youth court judge permitting destruction of the cases for the present
					 and in the future in compliance with MDHS/DFCS policy and state law.
2. Forward a copy of the order to the
					 Administration Unit for submittal to the Department of Archives and History.
Once the blanket order is obtained, and before the paper
						folder is destroyed, all medical records and mental health examinations must be
						removed and retained prior to destruction of the remainder of the record. After
						the file is destroyed, a written report of compliance must be filed with the
						youth court by the county office
(See
MISS. CODE ANN. §
													43-21-265).
MISS.
CODE ANN. 43-21-265. Destruction of
						Records
The youth court, in its discretion, may order the
						destruction of any records involving children except medical or mental health
						examinations as defined in section
						43-21-253.
						This order shall be directed to all persons maintaining the records, shall
						order their physical destruction by an appropriate means specified by the youth
						court and shall require the persons to file with the youth court a written
						report of compliance with the order. No records, however, may be destroyed
						without the approval of the director of the Department of Archives and
						History.
When a record is destroyed that contains medical or
						mental health documents, these documents should be placed in a single pack
						folder with case name/child's name on the label and placed in locked file
						cabinet labeled "Medical/Mental Health documents from Closed Cases".