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-II - CONFIDENTIALITY

Current through June 25, 2024
All information obtained while working with families and
					 children is confidential and should be disclosed by consent from a client or a
					 person legally authorized to consent on behalf of the client or by court order.
					 The exceptions to this law are noted in MISS. CODE ANN. §§
										43-21-257,
					 43-21-259,
					 and
					 43-21-261.
A.
Case Records
DFCS workers shall compile, maintain, and keep current
					 complete child welfare case records. All records involving children and the
					 contents thereof are confidential and shall not be released except as
					 authorized by state statute, federal regulations, court direction, and DFCS
					 policy regarding disclosure of information. An order of Limited Disclosure must
					 be issued by a court of competent jurisdiction prior to the release of any
					 information (MISS. CODE ANN. §
										43-21-261).
B.
Child - Specific
				  Information
The release of child-specific information should be
					 limited to individuals, agencies, and organizations which demonstrate a "need
					 and right to know" for the purpose of providing ongoing services to the child.
					 These individuals, agencies, and organizations include:
* Placement Resources
* Educational providers
* Medical/Dental providers
* Mental Health providers
It is important to note that any person or entity provided
					 access to child-specific information under this policy shall be required to
					 maintain the information in accordance with state and federal laws and
					 regulations regarding confidentiality.
C.
Photographs and Interviews
DFCS workers shall maintain, in the appropriate case file,
					 a current photograph of each foster child. Along with current photograph, a
					 photo or written description of all distinguishing marks, tattoos or "any"
					 other body modification shall also be maintained in their case file. Photos
					 shall not be taken of child/youth's private areas by DFCS staff
Current photographs of foster children may be released to
					 law enforcement officials, the county or district attorney, the court and the
					 National Center for Missing and Exploited Children (NCMEC) in order to protect
					 the child from abuse, neglect or other harm.
All photographs including videos, media presentations, and
					 publications of foster children are covered under the confidentiality laws
					 (MISS. CODE ANN. §§
											43-21-261
					 and
					 43-15-21).
1.
Photographs - Specific
				  Confidentiality Information
* A foster child's face may not be shown, unless there has
					 been a termination of the child's parent's rights (TPR).
* A general group setting is permissible, if all of the
					 children's parent's rights have been terminated.
* A child may not be identified as a foster child, unless
					 the situation involves a recognition or honor of the child, then only with the
					 approval of the DFCS Worker, the Worker's Area Social Worker Supervisor (ASWS),
					 the natural parents if TPR has not been achieved and the Guardian
AD
					 Litem
(GAL).
* A general group setting is permissible, if all of the
					 children's parent's rights have been terminated.
2.
Interviews
* A foster child may not be interviewed nor any
					 photographs of him/her published in the DFCS annual report, or any document or
					 publication which would be used as a marketing tool.
* If the Worker agrees that the interview is in the best
					 interest of the child, foster children, 14 years and older, may be interviewed
					 with the written consent of the DFCS County of Responsibility (COR) Worker and
					 ASWS, the birth parents (if TPR has not been achieved) and the GAL.
* The interview must be coordinated with the DFCS Worker
					 and one of the following people must be present during the interview: the
					 Worker, Resource Parent(s), a representative of the private agency if
					 applicable, and the GAL.