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-D - Foster Care Policy › Section 18-6-1-D-III - METHODS OF ENTRY INTO PLACEMENT

Current through June 25, 2024
A child becomes a foster child when the county or DFCS
					 receives custody of the child. This is accomplished through the following
					 means: Court Orders, Parental Request for Placement (a/k/a "Voluntary
					 Placement"), Voluntary Consent for Adoption; or "Safe Babies" and Child In Need
					 of Supervision (CHINS), which are detailed below.
A.
Court Orders
The Youth Court, Family Court, or Chancery Court may grant
					 custody to the county where the child resides. A child becomes a foster child
					 when custody is obtained by a written emergency, temporary or verbal order.
1.
Components of a Court
				  Order
The initial court order placing a child in the custody of
					 shall contain the following components:
a)
Custody:
A voluntary placement agreement entered into by the
					 child's parent or legal guardian, who is the relative referred to in paragraph
					 (1) of section 472(a) of the Act; or
A judicial determination to the effect that continuation
					 of residence in the home from which removed would be contrary to the welfare,
					 or that the placement would be in the best interest, of the child and that
					 reasonable efforts of the type described in section 471(a)(15) for a child were
					 made. The contrary to the welfare determination will be made in the first court
					 ruling that sanctions (even temporarily) the removal of a child from home. If
					 the determination regarding contrary to the welfare is not made in the first
					 court ruling pertaining to removal from the home, the child will not be
					 eligible for title IV-E foster care maintenance payments for the duration of
					 that stay in foster care.
When the County is given custody of a child, the court
					 order shall include "in the custody of the county Department of Human Services,
					 Division of Family and Children's Services".
b)
Reasonable Efforts:
Reasonable Efforts as the term relates to the components
					 of a court order is a judicial finding, written into the court order, finding
					 that reasonable efforts were provided to prevent removal of the child from his
					 home
or
due to an emergency reasonable efforts were not
					 possible, and there is no reasonable alternative to custody
or
reasonable efforts are being provided to reunite the child with his family and
					 the projected date of reunification.
c)
Welfare of the child:
The court order shall indicate the child's removal from
					 his home was necessary, in that continuation in the home would be contrary to
					 his welfare, health, safety or well-being. If the custody received is an
					 emergency or temporary order, the Worker shall subsequently follow the
					 appropriate procedure to request a Shelter Hearing.
The "contrary to the welfare" determination must be made
					 in the first court ruling that sanctions (even temporarily) the removal of a
					 child from the home. If the determination regarding "contrary to the welfare"
					 is not made in the first court ruling pertaining to removal from the home, the
					 child will not be eligible for Title IV-E foster care maintenance payments for
					 the duration of the stay in foster care. (472(a) (2) (A); 1356.21(c)). The
					 judicial determinations in which "contrary to welfare," "reasonable efforts to
					 prevent removal," and "reasonable efforts to finalize" are not required shall
					 be explicitly documented and made on a case-by-case basis and also stated in
					 the court order.