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-B - INTAKE & ASSESSMENT › Section 18-6-1-B-I - DFCS OVERVIEW

Current through June 25, 2024
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".
A.
Introduction and Scope of
				  Services
The basic task of child welfare practice is the protection
					 of children from harm. This task includes protection of children not only from
					 harm occurring to a child as a result of abuse or neglect by the child's
					 caretaker but also protection from harm caused by the separation of a child
					 from their family. This approach requires that the family be considered as the
					 client, and that the Worker's goal is to help the family solve problems so
					 children can safely remain in their homes.
DFCS is responsible for evaluating the allegations of
					 abuse or neglect in which the alleged perpetrator is identified as:
* a parent;
* a relative;
* a guardian or custodian; or
* any person responsible for the child's care or support.
					 This shall include, but is not limited to step parents, foster parents,
					 non-licensed baby sitters, and staff of residential care facilities and group
					 homes that are licensed by MDHS
.
MISS. CODE ANN. §
											43-21-353).
(See
also MISS. CODE ANN. §
											43-21-105)
B.
Goals
The primary goals of DFCS are to:
* Ensure the safety, permanency and well-being of children
					 who have been abused, neglected, and/or exploited.
* Enable families to recognize behaviors that harm or
					 threaten the well-being of their children.
* Offer services to parents/persons responsible for the
					 care and support of children to promote change in their parenting behaviors to
					 permit independent care of children.
* Enable children to remain in their own homes; and if
					 they are unable to remain in their home, make reasonable efforts to place them
					 in the least restrictive setting which meets their needs such as with relatives
					 or in other settings to meet their emotional and physical needs.
C.
Legal Basis for
				  Authority
1.
State Laws
MISS. CODE ANN. §
												43-15-3,
					 entitled the "Powers and Duties of Department of Human Services...,"
					 authorizes, empowers, and directs DFCS to
...fully cooperate with the United States Children's Bureau
					 and Secretary of Labor in establishing and strengthening child welfare services
					 for the protection and care of the homeless, dependent and neglected child and
					 children in danger of becoming delinquent. [MDHS/DFCS] is further authorized,
					 empowered and directed to cooperate with the United States Children's Bureau
					 and Secretary of Labor in developing plans for said child welfare services and
					 extending any other cooperation necessary under Section 521 of Public Law No.
					 271-74th Congress of the United States.
MISS. CODE ANN. §
												43-21-353
					 outlines the duty of individuals having reasonable cause to suspect that a
					 child is a neglected or abused child to notify MDHS immediately and MDHS will
					 notify the Youth Court Intake Unit.
(See Investigation Reports &
					 Notifications to Youth Court, District Attorney and law Enforcement when
					 applicable
for more detail on §
												43-21-353)
The Mississippi Youth Court Law, MISS. CODE ANN. §
												43-21-101
					 et seq. outlines the definitions for abuse and neglect; child abuse and neglect
					 intake procedure; reporting requirements for child abuse and neglect; immunity
					 for reporting; confidentiality provisions for children's case records; the
					 jurisdiction of the Youth Court; the conditions under which a child may be
					 taken into protective custody; and the authority and responsibilities of the
					 court, DFCS, and law enforcement officials in protecting children.
The Youth Court Law mandates DFCS to conduct
					 investigations and provide services when reports of suspected abuse and/or
					 neglect are made. (MISS. CODE ANN. §
												43-21-353)
The Youth Court Law also permits DFCS to take a child into
					 custody without a court order
for no longer than 24
					 hours
when there is probable cause to believe:
* the child is in immediate danger of personal harm, or
* the parent, guardian, or custodian is not available to
					 provide care and supervision to the child, or
* no reasonable alternative to custody can be found.
MISS. CODE ANN. §
												43-21-303(1)(b)
					 and (4))
MISS. CODE ANN. §
												97-5-1
					 et seq. outlines the offenses affecting children and further identifies which
					 offenses constitute misdemeanors or felonies and the penalties for the
					 commission of crimes against children.
MISS. CODE ANN. §
												43-21-259
					 requires all records involving children and the contents thereof, including the
					 identity of the reporter, to be kept confidential except as provided in §
												43-21-261.
MISS. CODE ANN. §
												43-21-354
					 requires a statewide incoming telephone service to be maintained by DFCS on a
					 twenty-four-hour, seven-days-a-week basis for the purpose of reporting abuse or
					 neglect of a child pursuant to §
												43-21-353.
2.
Federal Laws
a)
Child Abuse Prevention and Treatment
				  Act (CAPTA)
CAPTA originally enacted in 1974 as P.L. 93-247 has been
					 amended several times, most recently amended and reauthorized on December 20,
					 2010, as Child Abuse Prevention and Treatment Act, as amended by
					 Public Law
					 111-320. Key components of
					 P.L.
					 111-320 are as follows:
* An assurance in the form of a certification by the
					 Governor that the State has in effect and is enforcing a State law, or has in
					 effect and is operating a Statewide program that includes provisions and
					 procedures for:
* reporting of child abuse and neglect, including a State
					 law for mandatory reporting on child abuse and neglect by certain individuals
					 required to report such instances (section 106(b)(2)(B)(i));
* addressing the needs of infants born with and identified
					 as being affected by a Fetal Alcohol Spectrum Disorder (including appropriate
					 referrals to child protection service systems and for other appropriate
					 services) (section 106(b)(2)(B)(ii));
* including differential response in triage procedures for
					 the appropriate referral of a child not at risk of imminent harm to a community
					 organization or voluntary preventive service (section 106(b)(2)(B)(v));
* training in early childhood, child, and adolescent
					 development for guardians ad litem appointed to victims of child abuse or
					 neglect in cases which result in a judicial proceeding (section
					 106(b)(2)(B)(xiii));
* assuring that the State does not require reunification
					 of a child with a parent who has been found by a court to have committed sexual
					 abuse against a child of the parent or who the court has required to be
					 registered in a sex offender registry under the Adam Walsh Child Protection and
					 Safety Act of 2006 (
					 42
					 U.S.C. 16913(a) ) (section
					 106(b)(2)(B)(xvi)(V) and (VI));
* requiring criminal background checks that meet the
					 requirements of section 471(a)(20) of the Social Security Act (
					 42 U.S.C.
					 671(a)(20) ) for prospective
					 foster and adoptive parents and other adult relatives and non-relatives
					 residing in the household (section 106(b)(2)(B)(xxii)); and
* technology systems that support the child protective
					 service system and track reports of child abuse and neglect from intake through
					 final disposition (section 106(b)(2)(B)(xxiii)).
* A description of policies and procedures:
* encouraging the appropriate involvement of families in
					 decision-making pertaining to children who experienced child abuse or neglect
					 (section 106(b)(2)(D)(iv));
* promoting and enhancing collaboration among child
					 protective services, domestic violence, substance abuse, and other agencies in
					 investigations, interventions and service delivery to children and families
					 affected by child abuse or neglect (including children exposed to domestic
					 violence) (section 106(b)(2)(D)(v)); and
* regarding the use of differential response, as applicable
					 (section 106(b)(2)(D)(vi)).
* An assurance that the State, to the maximum extent
					 practicable, has coordinated its CAPTA State plan with its title IV-B State
					 plan (section 106(b)(2)(A)).
* An assurance that programs and training funded under
					 title I of CAPTA address the needs of unaccompanied homeless youth as defined
					 in the McKinney-Vento Homeless Assistance Act (i.e., a youth not living in the
					 physical custody of his/her parent or guardian who lacks a fixed, regular, and
					 adequate nighttime residence, including youth awaiting foster care placement)
					 and meet the requirements of McKinney-Vento Homeless Assistance Act (section
					 106(b)(2)(F)).
b)
The
				  Adoption and Safe Families Act of 1997 (ASFA)
ASFA of 1997 (
					 P.L.
					 105-89 ) focuses on the safety, permanency and
					 well-being of children in foster care and establishes the framework for the
					 current child welfare system. Significant parts of this law relating to safety
					 establish that:
* Child health and child safety are identified as the
					 paramount concerns for DFCS decision-making, including making reasonable
					 efforts to prevent placement.
* Safety must be addressed in safety plans or integrated
					 into case plans and services must address conditions related to safety.
* Case reviews must consider child safety in placement and
					 potential dates upon which a child can return home safely.
* Responsible agencies must conduct concurrent planning
					 that involves working toward reunification and simultaneously working on other
					 permanency options based on permanency and safety considerations to accelerate
					 the permanent placement of children in care.
c)
Indian Child Welfare Act of 1978
				  (ICWA)
ICWA ( P.L. 95-608 ) establishes exclusive jurisdiction
					 over Indian child custody proceedings. An Indian tribe shall have jurisdiction
exclusive
as to any State over any child custody proceeding
					 involving an Indian child who resides or is domiciled within the reservation of
					 such tribe, except where such jurisdiction is otherwise vested in the State by
					 existing federal law. Where an Indian child is a ward of a tribal court, the
					 Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence
					 or domicile of the child.
3.
Exceptions & Limitations
A DFCS Worker may not enter a home without permission of
					 the occupant, except by court order.