reglab/statecodes huggingface dataset:
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-VI - RESOURCE HOMES IN ANOTHER JURISDICTION

Current through June 25, 2024
A.
Moving a Mississippi Resource Home to Another State
There are times when it is necessary for one state to ask
					 another to license a Resource Family Home. This request usually comes about
					 because of one of the following situations:
1. The Resource Family is preparing to move
				  to another state and DFCS's plan is to allow the foster child to accompany
				  them.
2. Relatives or friends of
				  the foster child live in another state and wish to be licensed to provide care
				  for the child.
3. A sibling of the
				  foster child is placed in the custody of the receiving state and the Resource
				  Parents of the sibling wish to provide care for the other child, also.
It is always preferable for the state of residence of the
					 proposed Resource Parents to follow that state's standards and forms when the
					 home is being studied and licensed.
When the licensed Resource Parents decide to move
					 out-of-state and wish to continue to care for their foster children, a casework
					 decision regarding the movement of the foster children must be made by the COR
					 and the ASWS.
Factors to be considered include:
* Child's permanent plan
* Length of present care
* Child's adjustment in the Resource Home
* Estimated future length of care
* Child's relationship with legal/biological parents
* Frequency of contact with legal/biological parents
* Child's age and his wishes regarding the move
* Problems related to special needs children and whether
					 the Resource Family has particular skills to meet those needs
If the decision is made to allow the foster child to move
					 with the Resource Parents, the following procedures shall be used:
1. Permission for all moves out-of-state must
				  be received from the Youth Court Judge holding jurisdiction of the child. It is
				  also recommended that permission from the legal parents be secured.
2. If the foster child(ren) are from
				  different counties, a decision will be made by all appropriate ASWSs and RDs
				  designating one county to handle all correspondence with the other state
				  agencies.
3. In advance of the
				  move, interstate compact procedures should be followed, as outlined in DFCS,
				  Section H "ICPC Policy".
4. A
				  thorough explanation should be given to the Resource Parents of DFCS'
				  continuing legal and financial responsibility for the child, as well as for the
				  need for cooperation with the receiving state's Child Protective Services
				  regarding supervision and licensure.
5. The Worker will explain the issues
				  surrounding Medicaid benefits in the other state and the need to ensure the
				  child's eligibility for continuing Medicaid benefits in the other state.
6. Mississippi Resource Board
				  rates will apply.
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-VIII - FISCAL ASPECTS OF FOSTER CARE

Current through June 25, 2024
A.
Board
				  Payment
The
"
board payment
"
for foster
					 children is determined by DFCS dependent upon the appropriation of the
					 Mississippi Legislature. The board rate is based on the age, Supplemental
					 Security Income (SSI) status, or non-SSI disability status, or special needs of
					 the child. The total includes amounts for board, replacement clothing, and
					 child's personal allowance as well as personal items.
Refer to the "Resource Board Payment Schedule."
As soon as the foster child is able to understand, the
					 Worker shall explain to him/her the total amount of the board payment, the
					 breakdown for board, replacement clothing, etc., the amount of any monetary
					 contribution by the parent(s) and the amount of any payment from Social
					 Security, V.A., Court Ordered Child Support, etc.
The board rate terminates the last day of the month the
					 child reaches his/her 20 th birthday or 21
					 st birthday if custody is through a Chancery Court
					 Order.
The board payment consists of state and federal money
					 based on a matching formula. The federal funds are derived from Titles IV-E and
					 IV-B of the Social Security Act.
1.
Title IV-E Funds
Title IV-E funds are used for children placed by court
					 order and who meet or would have met AFDC (July 1, 1996) criteria as outlined
					 in Section E, Federal Statute 42 U.S.C.472(a)(3)(A) and 472(a)(3)(B)
2.
Title IV-B Funds
Title IV-B funds are used for the children who do not meet
					 the criteria for Title IV-E. These are referred to as CWS funds.
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-X - PLANNING FOR CASE CLOSING

Current through June 25, 2024
A.
Developing
				  the Plan:
In developing a plan for case closing when the child is
					 being reunited with his/her family, the COR worker should:
* Assess with the family their readiness for the return of
					 the child.
* Determine with the family a time frame for return. .
					 This might include longer and more frequent visits to the home by the COR/COS
					 Worker.
* Involve the Resource Family to achieve a smooth
					 transition.
* Plan with the family for an FTM, identifying those
					 persons who should be invited.
* Facilitate the FTM in the development of the
					 post-placement plan.
* Secure court approval for the return home; inform the
					 Court of the plan of services to support reunification.
* Make appropriate referrals and ensure all services will
					 be in place at the appropriate time. When a plan to return a child to his/her
					 home or to a relative, the following shall occur:
* A FTM shall be held which shall include:
1. Assigned Worker,
2. Worker's ASWS,
3. Private agency representative,
4. Resource Parents,
5. Biological parents or the relative, and
6. Child
The purpose of the meeting is to develop an aftercare plan
					 that identifies the services necessary to ensure that the conditions, which
					 lead to the child's placement, have been addressed and the child's safety and
					 stability will be assured. DFCS will take the necessary steps to facilitate
					 access to all services to support the child's or reunification.
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-XII - APPENDICES › Appendix 18-6-1-D-XII-C

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-D

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-E

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-F

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-G

Current through June 25, 2024
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_______________________________________________________
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-XII - APPENDICES › Appendix 18-6-1-D-XII-H

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-I

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-J

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-K

Current through June 25, 2024
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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-XII - APPENDICES › Appendix 18-6-1-D-XII-N - CLIENTS' RIGHTS

Current through June 25, 2024
You have rights and responsibilities while you are
						involved with the DFCS of Family and Children's Services (DFCS). The normal
						hours of operation for DFCS are 8:00 a.m. until 5:00 p.m. Monday through
						Friday, excluding state holidays. In case of emergencies, contact may be made
						after hours, weekends, and/or on state holidays by contacting your local law
						enforcement.
YOU HAVE THE RIGHT TO:
* Know what has been reported to DFCS about your
						family;
* Participate in decisions affecting your
						family;
* Have office phone numbers and office addresses
						for your worker and your worker's supervisor;
* Participate in any court hearings held in your
						case;
* Refuse any service or treatment recommended by
						DFCS unless court ordered;
* Know the status of your case and when it is
						nearing closure;
* Have your Native American (Indian) ancestry
						recognized and respected. (We will tell the Bureau of Indian Affairs about our
						involvement with your family and follow the tribe's decisions for handling your
						case);
* Be treated with dignity and respect and receive
						services without regard to age, race, color, creed, religion, national origin,
						sex, disability, or political affiliation;
* And, file a formal grievance
CONFIDENTIALITY:
Your family's information is confidential and private.
						We will not disclose any information without your written permission or by
						order of the court. However, information may be shared with medical providers,
						law enforcement, the Office of the District Attorney, and the youth court
						without your written permission. We may contact other people regarding the
						safety and well-being of your child.
Confidentiality laws additionally limit the information
						we can share with you. We are not able to name the reporter in any
						investigation, tell you what anyone else said, or give you a copy of any
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-XII - APPENDICES › Appendix 18-6-1-D-XII-P - Durable Legal Custody Agreement

Current through June 25, 2024
We, the undersigned Resource Parent(s),
						Relative/Non-Relative, and _________________ county
Department of Human Services, believing that it is in
						the best interest of
__________________________________________________________
That he/she be allowed to remain in the home of
						_____________________________________ and be raised as a member of the family
						group until said child reaches adulthood, do hereby agree and covenant the
						following:
The intent of this Agreement is to provide continued
						care for the above named child in the same home in order to restore and create
						a permanent and stable foundation for said child.
The Resource Parent/Relative/Non-Relative of said child
						agree to act as the primary parental figures of said child until he/she becomes
						and adult, marries, or is otherwise freed from minority.
Further, we expressly acknowledge the intent of this
						Agreement and hereby agree that we will not seek the removal of said child from
						our home except under the most serious and emergency circumstances,
						acknowledging our willingness to accept legal, physical and financial
						responsibility if Durable Legal Custody is accepted and ordered by the Court.
We further acknowledge that the option of adoption was
						presented and discussed and determined not to be in the best interest of said
						child and agree and understand we are accepting legal and physical custody of
						this child and that any board payment and/or Medicaid being received through
						MDHS will end at the time the court finalizes custody. We understand that DLC
						only becomes effective by order of the court.
WITNESS OUR SIGNATURES:
___________________________________
__________________________________
Resource Father/Relative/Non-Relative
Resource Mother/Relative/Non-Relative
___________________________________
___________________________________
COR ASWS
Date
COS
						ASWS
Date
_______________________________________________________
Licensure Specialist
Date
_______________________________________________________
Adoption Specialist
Date
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-XII - APPENDICES › Appendix 18-6-1-D-XII-Q - Confidentiality Form

Current through June 25, 2024
Statement Regarding Confidential
						Information
In order to protect the
alleged
victim,
alleged
perpetrator, and the facility, and in
						order for the Department of Human Services to conduct a fair and impartial
						investigation, I agree not to discuss with anyone other than Law Enforcement
						staff the contents of any interviews conducted with me by the Department of
						Human Services, nor to discuss any allegations of abuse/neglect regarding the
						above, due to confidentiality requirements of the Youth Court Act, Sections
						43-21-251 thru 267.
Signed: ___________________________
Date: _____________________________
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-E - Eligibility Foster Care Financial Assessment › Section 18-6-1-E-V - PROCESSES

Current through June 25, 2024
A.
Initial Eligibility Determination
				  Process
The following process will be used to determine initial
					 eligibility:
In order to meet this initial determination timeline, the
					 COR Worker will have five (5) days to send the Eligibility Unit a copy of the
					 court order that includes "reasonable efforts" language; child's birth
					 certificate (or application); child's Social Security card (or application),
					 proof of income; and resources. The Eligibility Unit then will have five (5)
					 days from receipt of required documents are received to approve a placement for
					 a child as their work load permits.
If documentation is missing, the Eligibility Unit will
					 notify the Worker via the Eligibility tab/screen in MACWIS. The Worker will
					 have 5 days to return the needed documents. This documentation notification
					 will be sent to the Worker and the Area Social Work Supervisor (ASWS) by
					 e-mail.
The Eligibility Unit will determine eligibility for Title
					 IV-E, CWS and Medicaid.
1.
Change in Placement
The Worker will enter custody and placement information in
					 MACWIS within three days of the date of custody. When Title IV-E eligibility
					 information and documentation are received, it should be entered into MACWIS by
					 the COR Worker on the appropriate eligibility screens. The eligibility process
					 should be completed in MACWIS within 10 days from the date of custody.
All court orders, verification of birth, Social Security
					 card, verification of income and resources must be maintained in the case file.
					 MACWIS will determine the child's eligibility for Title IV-E, CWS, and Medicaid
					 based on the information entered by the Worker.
In the event of the placement change, the COR Worker will
					 have five (5) days from the date of the change to enter a placement change. The
					 Eligibility Unit will have five (5) days to approve the placement change.
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-F - Licensure Policy › Section 18-6-1-F-VII - ADMINISTRATIVE GRIEVANCE HEARING

Current through June 25, 2024
A.
Appeal
				  Process for Licensing Decisions
An Administrative Grievance Hearing is afforded to
					 individuals who disagree with a DFCS decision and/or action in the event that
					 formal application for licensure or renewal of a license is denied, or a
					 license is suspended or revoked, an application for adoption is denied, or an
					 adoption case is closed, or there is an adverse decision for an applicant or
					 recipient of adoption assistance.
This process is provided to:
1. Resource Parents;
2. Resource Parent applicants;
3. Adoptive parents;
4. Adoptive applicants;
5. Facility licensure applicants;
6. Licensed facility providers; and
7. Licensed child placing agency
				  providers.
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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-A - Resource Home Inquiry Application

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-B - Notice of Action Inquiry Screen Out

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-C - Introductory Letter

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-D - Home Study Application

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-E - Child Abuse Central Registry

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-F - Resource Home Licensure Agreement

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-G - Notice of Action Licensing Decision

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-H - Release of Confidential Information "Consent to Disclose"

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-I - Confidentiality Statement

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-J - Home Environment Checklist

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-K - Emergency Evacuation/ Disaster Plan

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-L - Disaster Preparedness Plan

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-M - Transportation Statement and Checklist

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-N - Corporal Punishment Agreement

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-O - Physical Examination of Resource Applicant

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-P - Training Certificate (Example Only)

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-Q - Contract for Designation of Resource Home

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-R - Resource Family Purchase Agreement

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-S - Notice of Action Grievance Hearing

Current through June 25, 2024
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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-F - Licensure Policy › Section 18-6-1-F-IX - APPENDICES › Appendix 18-6-1-F-IX-T - Award Home Study Fee Letter

Current through June 25, 2024
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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-G - Adoption Policy › Section 18-6-1-G-I - OVERVIEW

Current through June 25, 2024
The Mississippi Department of Human Services will
					 hereinafter be known as "MDHS" and it's Division of Family and Children's
					 Services hereinafter will be known as "DFCS".
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-G - Adoption Policy › Section 18-6-1-G-V - POST ADOPTIVE SERVICES

Current through June 25, 2024
Post Adoptive Services are services provided to adoptive
					 families after the adoption has been finalized. Requests made to county staff
					 involving an adopted child should result in an immediate contact to the
					 Adoption Specialist or Adoption ASWS for consultation. These requests are
					 handled on a case by case basis and assigned to the most appropriate Adoption
					 Specialist. The Adoption Specialist will assess the situation and either
					 provide the needed services or assist the family in location of the needed
					 resource.
The Adoption Specialist will refer the family to the
					 appropriate Adoption Support Group if the family is not presently attending
					 one. The Adoption ASWS will be notified when services are requested by any
					 adoptive family. If the County Worker opens a prevention or protection case, an
					 Adoption COS line of services is initiated upon opening the case. If no county
					 case is being opened, an Adoption Specialist may open an Adoption Case
					 Management and provide necessary services to the family.
A.
Mississippi Courts
By virtue of the Adoption Law of the State of Mississippi
					 (MISS. CODE ANN. §
											93-17-1
					 through
					 93-17-67
					 recompiled as amended), the Chancery Judge has the authority to request the
					 Department of Human Services to make adoption home studies and reports to the
					 court concerning any proposed adoption. The request is made to the County DFCS
					 Office and the service is provided by the Adoption Specialist for that county.
					 The court order that is issued requesting the home study should include the fee
					 of $650. The check should be made payable to the State Treasury/State of
					 Mississippi.
1.
Court-Ordered
				  Adoption Home Studies
The request for a Chancery Court ordered independent
					 adoption home study must come from the Judge rather than from the petitioners
					 or their attorney.
The home study process should be carried out in line with
					 DFCS policy on all Adoption Studies. All additional information requested by
					 the Judge should be included.
2.
Follow-up Supervision of
				  Placement
If the Chancery Court requests follow-up supervision of
					 the placement, this service should be provided by the Adoption Specialist. In
					 this event supervisory reports are made to the Chancery Court who has
					 jurisdiction of the case.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-I - INTRODUCTION

Current through June 25, 2024
DFCS supports the premise that every child has the right
						to a permanent home. Adoption Assistance is designed as a supplemental
						financial benefit to assist families adopting an eligible child with special
						needs who would be unlikely to be adopted otherwise. The purpose of Adoption
						Assistance is to reduce financial barriers that may impede the special needs
						child's opportunity for adoption. Authorization of Adoption Assistance is based
						upon the needs of the child.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-II - LEGAL BASE

Current through June 25, 2024
Enabling legislation for Mississippi's Adoption
						Assistance Program was enacted by the Mississippi Legislature in 1979 with the
						passage of the Mississippi Adoption Supplemental Benefits Law of 1979. Its
						purpose is to supplement the Mississippi Adoption Law by making possible
						through public supplemental benefits the most appropriate adoption for each
						child certified by MDHS (MISS. CODE ANN. §
											93-17-53).
The Adoption Assistance and Child Welfare Act of 1980,
						(P. L. 96-272), passed by Congress, was signed into law on June 17, 1980.
						Section 101 of the law amended Title IV of the Social Security Act and created
						a new Part E - IV-E Payments for Foster Care and Adoption Assistance. It makes
						federal financial participation in Adoption Assistance payments available for
						eligible children with special needs.
P.A. 105-89, the Adoption and Safe Families Act (ASFA),
						signed on November 19, 1997 by the President amended certain sections of the
						Social Security Act.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-III - TYPES OF ADOPTION ASSISTANCE

Current through June 25, 2024
DFCS will provide two types of Adoption Assistance:
1.
IV-E
,
					 which provides a monthly maintenance payment and eligibility for Medicaid
					 benefits.
2.
IV-B
, which provides a monthly maintenance payment and
					 eligibility for Medicaid benefits.
3. With the new ASFA,
					 P.L.
					 105-89 as of July 1, 1998 States must provide
					 Medical Insurance or Medicaid for every child who is adopted and eligible to
					 receive Adoption Assistance.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-IV - VISUAL COMPARISON BETWEEN IV-E AND IV-B ADOPTION ASSISTANCE

Current through June 25, 2024
A.
IV-E
1. Special needs criteria
2. IV-E Foster Care (Temporary Aid to Needy
					 Families (TANF) family) OR SSI
3.
					 Automatic Medicaid eligibility
4.
					 Title XX Services
5. Can begin at
					 time of placement with adoptive family (prior to finalization) when Adoption
					 Assistance Agreements are in place.
6. Child can be eligible to receive IV-E
					 Deferred Adoption Assistance based on the Medical and Mental history of the
					 biological parents and Medicaid. The Adoption Assistance Forms must be signed
					 before finalization.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-VI - RE-ADOPTION AFTER DEATH / DISABILITY OF ADOPTIVE PARENT

Current through June 25, 2024
Upon receipt of documentation (obituary or death
						certificate) of adoptive parent's death, the child's adoption subsidy will be
						terminated. If the child is placed with another family and that family is
						interested in receiving the child's adoption subsidy, a referral will be made
						to the Adoption ASWS to open a post-adoption case management service. The
						assigned Adoption Specialist will enter resource home inquiry.
The family will need to provide the Adoption Specialist
						with a copy of the adoptive parent's death certificate or obituary. All
						household members over age of 14 must be fingerprinted and a walk-through of
						the home completed. When this basic information is entered in MACWIS and the
						home approved for placement with a service type of adoption domestic, the
						Adoption Specialist can then complete Adoption Assistance Agreements and a
						Placement Agreement with the new family.
A subsidy can begin when the agreements are signed and
						can continue for up to 3 months, giving the family time to finalize the new
						adoption. Once the family re-adopts, all criteria that applies for other
						adoptive families will apply to these families who re-adopt. If any extenuating
						circumstances arise that pose a barrier to adoption, the Adoption Unit Director
						shall be notified and a decision made on a case-by-case basis to determine if
						the subsidy can continue.
This same protocol shall be followed if the parent
						becomes disabled and can no longer care for their child. The parent may sign a
						surrender of parental rights and agree to the re-adoption of their child or a
						court may determine that a parent is no longer competent and therefore is
						unable to care for the child.
A.
The Interstate Compact on Adoption and Medical Assistance (ICAMA)
The ICAMA is the principle means relied upon by its
						members to regulate and coordinate the interstate delivery of services to
						adopted special needs children. The ICAMA provides that between states party to
						the Compact, the state where the adoptive family resides will furnish Medicaid
						to the special needs child.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-VII - COMPACT PROCEDURES

Current through June 25, 2024
Specific procedures govern the operation of the Compact
						between the party states. In general, the procedures direct and explain the
						rights and obligations of the states, the adopted child and the adoptive
						parents involved in interstate transactions. Through ICAMA procedures and
						forms, (Form 7.01, Notice of Eligibility for Medicaid (See DFCS Web Connection
						Website) and Form 7.02, Notice of Action (See DFCS Web Connection Website), a
						consistent, uniform and efficient process establishes and documents Medicaid
						entitlement in a new residence state.
The state responsible for financial subsidy of the
						assistance (or current residence state) completes Form 7.01 and attaches to it
						a certified copy of the adoption assistance agreement. These documents are sent
						to the new residence state and take the place of an application for Medicaid.
						In addition, the documents identify the person in the new residence state who
						will serve as the point of contact for the family.
Form 7.02 notifies the parents that the current
						residence state has taken the necessary actions to initiate Medicaid benefits
						in the new residence state. The responsibilities of the parents for Medicaid
						and other needed services specified in the adoption assistance agreement are
						also included.
Form 7.02 is designed to be widely applicable to all
						adoptive families covered by the Compact. Together Forms 7.01 and 7.02 provide
						the specific details regarding interstate transfer of services. For example,
						Form 7.02 informs parents that 60 days after the moving date new claims against
						the current state Medicaid account will not be honored. Form 7.01 indicates the
						expected date of Medicaid account closure in the current residence state.
Staff in the Adoption Unit processes the ICAMA forms
						when a Mississippi family moves to another state or a Mississippi child is
						placed for adoption in another state. When an adoptive family moves into
						Mississippi from a party state, the ICAMA forms are sent to the Adoption Unit
						in order to initiate Mississippi Medicaid for the eligible children.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-VIII - PRE-EXISTING CONDITIONS

Current through June 25, 2024
Under certain specified conditions, if the adoptive
						parent(s) are able to prove to DFCS's satisfaction that all facts relevant to
						their request for adoption assistance were not presented at the time adoption
						assistance was discussed, the State may reverse an earlier decision to deny
						benefits under Title IV-E.
According to federal regulations
						45
						CFR 1356.40(b)(1), the
						adoption assistance agreement must be signed and in effect at the time of or
						prior to the final decree of adoption in order to provide assistance under
						title IV-E.
However, if there are extenuating circumstances, the
						adoptive parents may request a fair hearing under section 471 (a)(12) of the
						Act. If the hearing determines that all the facts relevant to the child's
						eligibility were not presented at the time of the request for assistance, the
						State may reverse the earlier decision to deny benefits under Title IV-E
						(ACYF-PIQ-88-06 Issued 12-2-88).
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-IX - RE-NEGOTIATION OF ADOPTION ASSISTANCE POST FINALIZATION

Current through June 25, 2024
An adoption subsidy may be re-negotiated after the
						finalization of adoption throughout the minority of the child. The 2 most
						common reasons for re-negotiation are:
1. The child's subsidy was deferred and there
					 is now documentation of special needs which are related to the child's risk
					 factors noted on the Deferred Adoption Assistance Agreement:
Documentation is needed to support the above
						request
:
Medical and / or mental health diagnosis within the last
						6 months provided by physician or mental health professional.
2. The child's special needs are
					 more severe than at the time of adoption finalization
Documentation is needed to support the above
						request:
Medical and /or mental health documentation that child
						has multiple diagnoses or a single diagnosis that causes significant impairment
						in multiple settings. Documentation of current and on-going treatment related
						to the diagnoses.
An adoptive parent can request to re-negotiate the
						child's adoption subsidy when either of these situations applies. The parent
						shall be given the MDHS-Form 431-A to complete and submit to their Adoption
						Assistance Specialist in the State Office. (See Appendix K)
The Adoption Assistance Specialist will review the file
						and make a recommendation to the Adoption Unit Director or designee who will
						approve or deny the request. A written response (Notice of Action) will be
						returned to the adoptive parent. If approved, a new Adoption Assistance
						Agreement will be completed and signed by all parties. The re-negotiated rate
						will begin as of the date the Adoption Unit received all documentation needed
						to determine that the child qualified for the new subsidy.
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-X - ADOPTION OF CHILD BY BIRTH PARENT(S)

Current through June 25, 2024
A biological parent whose parental rights have been
						terminated and who later adopts his/her biological child cannot receive Title
						IV-E Adoption Assistance.
The purpose of the Title IV-E Adoption Assistance is to
						provide assistance to adoptive families who adopt special needs children. A
						child cannot be considered a child with special needs, unless among other
						things, the state has determined the child cannot return to the home of his
						biological parents.
The child would be returned to the home of the
						biological parent and a determining factor for Title IV-E eligibility in
						section 473 (c)(1) would not be present. Assistance for eligible families in
						this situation could be TANF and/or SSI. (ACYF-PIQ-89-04 Issued 08-08-89).
When in the best interest of a child to do so, DFCS may
						assist the biological parent in the re-adoption of the child by making and
						supervising a trial home placement and making a recommendation to the court for
						placement and subsequent adoption. Mississippi College Law School Adoption
						Clinic may be able to assist the parent in finalizing this adoption.
Items needed for Private Licensed Child-Placing Agency
						to request adoption assistance.
The following items are needed in order to request
						certification for Adoption Assistance and/or non-recurring adoption expenses:
1. Document(s) which legally frees
					 child for adoption and places custody with a licensed child placing agency.
2. Documentation of special needs
					 (must be current - within the past six months) such as:
a. Psychological Evaluation
b. Medical Report
c. Reports from mental health professionals
d. Other documentation as
					 determined by DFCS Adoption Unit
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-XII - APPENDICES › Appendix 18-6-1-G-XII-C - Form 459A- Mother's Statement Naming Father of Child

Current through June 25, 2024
STATE OF ___________________
COUNTY OF _________________
THIS DAY personally came and appeared before me, the
						  undersigned Notary Public, in and for the aforesaid jurisdiction the within
						  named ____________________________________ (Mother's full name) who, first
						  having been by me duly sworn, on oath states the following;
That I, _________________________ (Mother's full name),
						  am the biological mother of _______________________________ (Full name of child
						  as on birth certificate), a female/male child born on the ________ day of
						  _______________________ , A.D., 20 ________ , and that
						  _______________________________ (Name of putative father) is the biological
						  father of said child, whose last address known to me was
						  _________________________ (Street)
_________________________ (City/ State/ Zip)
That ____________________________ (Name of putative
						  father) and I are not now nor have we ever been married.
After having been fully advised that the making of
						  false statement of identity under oath is punishable as perjury, I, the
						  undersigned affiant, state that the matters and fact as herein set forth are
						  true and correct, and I do hereby make this affidavit of my own free will and
						  accord.
_____________________________
Mother's Signature
SWORN TO AND SUBSCRIBED before me on this, the
						  _____________ day of ________________ , A.D., 20 ______ .
______________________________
Notary Public
My Commission Expires:
____________________
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-XII - APPENDICES › Appendix 18-6-1-G-XII-D - Form 459B- Mother's Statement About Unknown Father

Current through June 25, 2024
STATE OF ___________________
COUNTY OF _________________
THIS DAY personally came and appeared before me, the
						  undersigned Notary Public, in and for the aforesaid jurisdiction the within
						  named ____________________________________ (Mother's full name) who, first
						  having been by me duly sworn, on oath states the following;
That I, _________________________ (Mother's full name),
						  am the biological mother of _______________________________ (Full name of child
						  as on birth certificate), a female/male child born on the ________ day of
						  _______________________ , A.D., 20 ________ , and I do not know the identity of
						  said child's biological father is because at or about the time the said child
						  was conceived (Reason)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
After having been fully advised that the making of
						  false statement of identity under oath is punishable as perjury, I, the
						  undersigned affiant, state that the matters and fact as herein set forth are
						  true and correct, and I do hereby make this affidavit of my own free will and
						  accord.
_____________________________
Mother's Signature
SWORN TO AND SUBSCRIBED before me on this, the
						  _____________ day of _________________ , A.D., 20 ______ .
______________________________
Notary Public
My Commission Expires:
____________________
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-G - Adoption Policy › ADOPTION ASSISTANCE › Section 18-6-1-G-XII - APPENDICES › Appendix 18-6-1-G-XII-F - Form 471- Foster Parents Application to Adopt a Particular Foster Child

Current through June 25, 2024
This form is to be completed by licensed foster parents
						  who are interested in being considered as potential adoptive parents for a
						  particular foster child in their home who is legally free for adoption and in
						  the custody of the Mississippi Department of Human Services.
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