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-H - Interstate Compact on the Placement of Children › Section 18-6-1-H-II - LEGAL BASIS for AUTHORITY

Current through June 25, 2024
ICPC is a "uniform law" enacted by all 50 states, the
					 District of Columbia and the U.S. Virgin Islands, to ensure protection and
					 services to children who are placed across state lines and is open to joinder
					 by all U.S. territories/possessions and, with consent of Congress, Canada and
					 any/all its provinces.
The Compact is designed to give each child requiring
					 placement across state lines the maximum opportunity for appropriate and
					 desirable care, to insure that both sending and receiving authorities are able
					 to make informal decisions regarding the suitability of a proposed placement,
					 and to establish and maintain jurisdictional responsibility.
A.
Mississippi's ICPC
Mississippi joined the Compact as a Member State in 1976
					 via State statute MISS. CODE ANN. §
											43-18-1
					 establishes that MDHS/DFCS has statutory responsibility to ensure that all
					 private and public child placing agencies, licensed or approved to operate in
					 the State of Mississippi, comply with Compact procedures in the movement of
					 children into or out of Mississippi. Furthermore, approval for the importation
					 of children for placement in a Mississippi home is the legal responsibilities
					 of MDHS under the authority of the
Administration of Child Welfare Act
					 (MISS. CODE ANN. 43-18- 3).
B.
Safe and Timely Inter-State
				  Placement of Foster Children Act 2006
The primary purpose of Safe and Timely Interstate
					 Placement of Children in Foster Care Act of 2006 (
					 P.L.
					 109-239 ) is to improve protections for children
					 and to hold States accountable for safe and timely placements of children
					 across State lines. The Act mandates states to complete an interstate home
					 study within 60 days after a home study request is received. If failure to
					 complete the home study within this period is beyond a state's control (e.g.,
					 background checks), then the law allows an additional 15 days; total of 75 days
					 for completion. Incentive payments to states for timely home studies are
					 provided if the State completes the interstate home study in 30 days or less.
C.
Multi Ethnic
				  Placement Act (MEPA)
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.
D.
Indian Child Welfare Act (ICWA) PL
				  95-608
To ensure that the heritage of Indian children is
					 recognized, protected, and monitored in and out of state, the following
					 information concerning a child's Native American Heritage should be included
					 with the ICPC request:
1. Is parent
				  or child of Native American heritage?
2. Is parent eligible for tribal membership?
3. Is parent registered with a
				  Native American tribe?
4. Is child
				  eligible for tribal membership?
5.
				  Has child been registered with a Native American tribe?
Multi Ethnic Placement Act (MEPA) and Title VI do not
					 impact the placement preferences for an American Indian child who is a member
					 of, or is eligible for membership in a federally recognized tribe. MEPA and
					 Title VI apply fully to American Indian children who are not covered under
					 ICWA.