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-XIX - PERSONS AUTHORIZED TO DISCLOSE INFORMATION

Current through June 25, 2024
Disclosure of all information, including records of every
						kind, shall be governed by these regulations as set out below, and the
						applicable section of the MS Code 43-21-261 and the Child Abuse Prevention and
						Treatment Act (CAPTA).
A.
State
					 Office
Requests for information from State office records shall
						be referred to the Director of Family and Children's Services for information
						on individuals or families who have requested services. The Director of Family
						and Children's Services will obtain information about the request and make a
						decision in accordance with the applicable section of the Youth Court Act.
B.
County
					 Office
Requests for information from local DFCS records shall be
						referred to the ASWS who will investigate the request and release the
						information in accordance with the applicable section of the MS Code 43-21-261
						and the Child Abuse Prevention and Treatment Act (CAPTA), or deny the request
						if not in accord. Do not disseminate case record information without a youth
						court order.
C.
Court
					 Subpoenas
When a state or county staff member receives a subpoena
						for the child's record the Youth Court of the applicable jurisdiction must be
						contacted to authorize the release of the information. The Worker or the ASWS
						will also notify the Special Assistant Attorney General for DFCS regarding the
						receipt of the Subpoena.
See
discussion, Subpoena of Case
						Records.
D.
Requests
					 of Parents/Legal Guardian
The handling of requests by custodial or non-custodial
						legal parent(s) or legal guardian(s) regarding information from the case record
						is determined by the purpose of the request as stated below.
If a custodial or non-custodial legal parent, legal
						guardian, or legal custodian requests information from the record in regard to
						an upcoming Youth Court hearing, Section
						43-21-261(3)
						of the Youth Court Act indicates that "Upon request, the parent, guardian or
						custodian of the child who is the subject of a Youth Court cause . . . shall
						have the right to inspect any record, report, or investigation which is to be
						considered by the Youth Court at a hearing, except that the identity of the
						reporter shall not be released, nor the name of any other person where the
						person or agency making the information available finds that disclosure of the
						information would be likely to endanger the life or safety of such
						person".
This information, usually a Worker's court summary,
						should be made available to a custodial or non-custodial legal parent, legal
						guardian or legal custodian in order for them to effectively prepare and
						participate in hearings involving their children and wards. A copy of the
						summary should be given to the parent/guardian with the name of the reporter(s)
						removed [redacted] along with any reference to the reporter's identity.
The court summary shall be made available to the youth
						court, Guardian Ad Litem (GAL) prior to the youth court hearing for the
						official youth court file. Future access to this information will be determined
						by the court.
In no case should the entire record be released, unless
						court ordered. (See Subpoena of Case Records.)
E.
Disclosure to County or District
					 Prosecuting Attorney and Law Enforcement
The County and District Prosecuting Attorneys and law
						enforcement shall have access to information from the case records as is stated
						in MISS. CODE ANN. §
												43-21-353(4)
						as shown below.
"Reports made under subsection (1) of this section by the
						Department of Human Services to the law enforcement and to the district
						attorney's office shall include the following if known to the department":
a) The name and address of the child;
b) The name(s) and address(es) of
					 the parent(s);
c) The name(s) and
					 address(es) of the suspected perpetrator(s);
d) The names and addresses of all witnesses,
					 including the reporting party if a material witness to the abuse;
e) A brief statement of the facts indicating
					 that the child has been abused and any other information from the DFCS files or
					 known to the Worker making the investigation, including medical records or
					 other records, which may assist law enforcement or the district attorney in
					 investigating and/or prosecuting the case; and
f) What, if any, action is being taken by the
					 Department of Human Services.