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 II - SERVICE DELIVERY › Section 18-6-1-A-II-XIV - EXPECTATIONS OF RIGHTS THROUGH THE EYES OF THE CHILD OR YOUTH

Current through June 25, 2024
Workers must also recognize inherent Rights of Children
						and Youth in Foster Care from the child's or youth's perspective:
A.
As a Child or Youth in Foster Care,
					 I Have the Right:
* To good care and treatment that meets my needs in the
						least restrictive setting available. This means I have the right to live in a
						safe, healthy, and comfortable place. And I am protected from harm, treated
						with respect, and have some privacy for personal needs.
* To know
* Why am I in foster care?
* What will happen to me?
* What is happening to my family (including brothers and
						sisters) and how DFCS is planning for my future?
* To speak and be spoken to in my own language when
						possible. This includes Braille if I am blind or sign language if I am deaf If
						my foster parents do not know my language, DFCS will give me a plan to meet my
						needs to communicate.
* To be free from abuse, neglect and exploitation.
* To fair treatment, whatever my gender, gender identity,
						race, ethnicity, religion, national origin, disability, medical problems, or
						sexual orientation.
* To not receive any harsh, cruel, unusual, unnecessary,
						demeaning, or humiliating punishment. This includes not being shaken, hit,
						spanked, or threatened, forced to do unproductive work, be denied food, sleep,
						access to a bathroom, mail, or family visits as punishment. I will not receive
						remarks that make fun of me or my family or any threats of losing my placement
						or shelter.
* To be disciplined in a manner that is appropriate to
						how mature I am, my developmental level, and my medical condition. I must be
						told why I was disciplined. Discipline does not include the use of restraint,
						seclusion, corporal punishment or threat of corporal punishment.
* To attend my choice of community, school, and religious
						services and activities to the extent that it is right for me, as planned for
						and discussed by my caregiver and worker, and based on my caregiver's
						ability.
* To go to school and receive an education that fits my
						age and individual needs.
* To be trained in personal care, hygiene, and grooming.
* To have comfortable clothing similar to clothing worn
						by other children in my community.
* To have clothing that does a good job of protecting me
						against natural elements such as rain, snow, wind, cold, sun, and insects.
* To have personal possessions at my home and to get
						additional things within reasonable limits, as planned for and discussed by my
						caregiver and worker, and based on caregiver's ability.
* To personal space in my bedroom to store my clothes and
						belongings.
* To healthy foods in healthy portions proper for my age
						and activity level.
* To good quality medical, dental, and vision care,
						developmental and mental health services that are at least adequate enough for
						my needs.
* To be free from unnecessary or too much medication.
* To visit and have regular contact with my family,
						including my brothers and sisters (unless a court order or case plan doesn't
						allow it) and to have my worker explain any restrictions to me and write them
						in my record.
* To contact my worker, attorneys, Guardians A
d
						Litem,
probation officer, CASA at any time. I can communicate with my
						worker, CASA, attorney or Guardians
Ad Litem
without limits.
* To see my worker at least monthly and in private if
						necessary.
* To actively participate in creating my plan for my
						services and permanent living arrangement, and in meetings where my medical
						services are reviewed, as appropriate. To be given a copy or summary of my plan
						and to review. I have the right to ask someone to act on my behalf or to
						support me in my participation.
* To go to my court hearing and speak to the judge.
* To speak to the judge at a court hearing that affects
						where I have been placed including status hearings, permanency hearings, or
						placement review hearings.
* To expect that my records and personal information will
						be kept private and will be discussed only when it is about my care.
* To have visitors, to keep a personal journal, to send
						and receive unopened mail, and to make and receive private phone calls unless
						appropriate professionals or a court says that restrictions are necessary for
						my best interests.
* To get paid for any work done, except for routine
						chores or work assigned as fair and/or reasonable discipline.
* To give my permission in writing before taking part in
						any publicity or fund raising activity for where I am placed or the DFCS,
						including the use of my photograph.
* To not be forced to make public statements showing my
						gratitude to the foster home or DFCS.
* To receive, refuse, or request treatment for physical,
						emotional, mental health, or chemical dependency needs separately from adults
						(other than young adults) who are receiving services.
* To call the Abuse/Neglect Hotline at 1-800-222-8000 to
						report abuse, neglect, exploitation or violation of personal rights without
						fear of punishment, interference, coercion, or retaliation.
* To call the Abuse/Neglect Hotline at 1-800-222-8000 to
						report abuse, neglect, exploitation, or violation of personal rights without
						fear of punishment, interference, coercion, or retaliation.
* To be free from threats of punishment for making
						complaints and have the right to make an anonymous complaint if I choose.
* To not get pressured to get an abortion, give up my
						child for adoption, or to parent my child, if applicable.
* To hire independent mental health professionals,
						medical professionals, and attorneys at my own expense.
* To understand and have a copy of the rights of children
						and youth in foster care.
B.
When I Am Age 16 and Older in Foster
					 Care, I Also Have the Right:
* To attend Independent Living (IL) classes and
						activities as appropriate to my case plan.
* To a comprehensive transition plan that includes
						planning for my career and help to enroll in an educational or vocational job
						training program.
* To be told about educational opportunities when I leave
						care.
* To get help in obtaining an independent residence when
						aging out.
* To one or more transition planning meetings.
* To take part in youth leadership development
						opportunities.
* To consent to all or some of my medical care as
						authorized by the court and based on my maturity level. For example, if the
						court authorizes, I may give consent:
* to diagnose and treat an infectious, contagious, or
						communicable disease
* to examine and treat drug addiction for counseling
						related to preventing suicide, drug addiction, or sexual, physical, or
						emotional abuse for hospital, medical, or surgical treatment (other than
						abortion) related to the pregnancy if I am unmarried and pregnant
* If I consent to any medical care on my own, without the
						court or DFCS involved, then I am legally responsible for paying for my own
						medical care.
* To request a hearing from a court to determine if I
						have the capacity to consent to medical care.
* To help with getting my driver's license, social
						security number, birth certificate, and state ID card.
* To seek proper employment, keep my own money, and have
						my own bank account in my own name, depending on my case plan and age or level
						of maturity.
* To get necessary personal information within 30 days of
						leaving care, including my birth certificate, immunization records, and
						information contained in my education portfolio and health
						passport.
C.
All
					 Children and Youth in Foster Care Have the Right to...
* Have lifelong family connections, including siblings,
						grandparents and extended family.
* Youth have a right to visitation, ongoing contact with
						and/or knowledge of their parents, siblings, extended family, friends, and
						pets.
* Youth have a right to have a Life Book that is started
						when they enter care.
* A pregnant or parenting youth has a right to raise and
						make decisions for their children, as any other citizen does.
* Live with, be loved by and cared for by those they
						consider family.
* Youth have the right to permanency.
* Youth have the right to be placed in their home
						communities, live in a safe environment and have pre-placement visits.
* Youth have the right to live with their siblings.
* Youth have the right to keep their personal belongings
						with them and to expect age appropriate privacy.
* Be who they are.
* Youth have the right to their own identity, values,
						freedom to express their emotions, hopes, plans and goals,
						religion/spirituality.
* Youth have the right to learn about their sexuality in
						a safe and supportive environment.
* Youth have the right to privacy in relation to their
						personal journal/diary, litters, emails, telephone calls and other personal
						belongings, except in cases where there is just cause in supervising the youth
						to prevent self-harm or harm to other individuals.
* Youth have the most basic right to receive care and
						services that are free of discrimination based on race, color, national origin,
						ancestry, gender, gender identity and gender expression, religion, sexual
						orientation, physical and mental disability, and the fact that they're in
						foster care.
* Be included in their case planning with a team of
						people that advocates with them and for them.
* Youth have a right to have meaningful participation in
						their Family Team Meetings, treatment team meetings, court, and school
						meetings.
* Youth have a right to have family members or other
						supportive people of their choice present at their team meetings.
* Youth have a right to have monthly contact with their
						DFCS worker and have their phone calls returned.
* Youth should have access resources and be able to seek
						information about resources.
* Youth have a right to access their case records and
						expect accuracy in what is recorded in their case record.
* Have an informed choice in the types of physical,
						dental and mental health care they receive.
* Youth have the right to have a choice and options when
						a treatment provider is being assigned to them.
* Youth have a right to see and understand their
						treatment plans, be informed about and have a say in treatment decisions being
						made.
* Youth have a right to be informed about medications,
						medication options, and have a voice in decisions about prescription of
						medication.
* Youth have a right to not be overmedicated, to not be
						punished for refusal to take medications, and to be made aware of the possible
						risks that come from refusing to take medication.
* Youth should be able to have visitation with people
						that are important to them while receiving treatment.
* Youth should be able to receive care and services that
						are fair, respectful, safe, confidential and free from discrimination.
* Youth have a right to access their medical records.
* Have a qualified advocate (e.g., GAL, surrogate parent,
						mental health advocate, attorney, etc.) representing them and helping the youth
						advocate for themselves.
* Youth have a right to know their rights.
* Youth have a right to attend court and speak with the
						judge overseeing their case.
* Youth have a right to request a change in their GAL.
* Participate in and receive a high quality education,
						including ability to participate in extracurricular activities.
* Youth have a right to an education, equal to what
						anyone in Mississippi deserves.
* Youth have a right to receive blanket consent for
						participation in school activities.
* Youth have a right to participate in activities that
						all youth enjoy, and not be restricted from these activities simply because of
						their status in foster care or their particular type of placement.
* Receive the skills, knowledge and resources needed to
						be a successful adult after they transition from foster care.
* Youth in care have the right to a transition plan and
						process when they leave DFCS care.
* Youth have a right to obtain identification and
						personal records, including their social security card and birth certificate.
* Youth have a right to continue relationships when they
						exit care with individuals who have helped them while in care.
* Youth have a right to expect and receive help in
						reconnecting with their birth family.
* Youth have a right to learn about how to enter into
						DFCS extended care agreement prior to their 18th birthday.
* In this Transition Process, youth have a right to give
						evaluative comments about the services they have received to a neutral person.
D.
Written and Oral
					 Communication Needs of Clients
DFCS must accommodate the written and oral communication
						needs of clients by:
a. communicating,
					 in writing and orally, in the languages of the major population groups served;
					 providing, or arranging for, bilingual personnel or translators or arranging
					 for the use of communication technology, as needed;
b. providing telephone amplification, sign
					 language services, or other communication methods for deaf or hearing impaired
					 persons;
c. providing, or
					 arranging for, communication assistance for persons with special needs who have
					 difficulty making their service needs known; and
d. considering the person's literacy level.
DFCS must create documents that consider the literacy
						level of clients, and any document such as the Family Service Plan must be
						created with the literacy level of the client in mind. Client Rights are
						available in Spanish.
See
MDHS AP-36 regarding Provision of
						Services to Individuals with Limited English Proficiency and
See
Interpreter Services.
Workers must go over all documents with clients to ensure
						that they understand them fully before expecting adherence to the requirements
						or requesting the client's signature. If a client is unable to make decisions,
						or has difficulty making decisions on his or her own, a family member or other
						support person must be present in meetings and/or be offered legal
						representation by the youth court for hearings. Workers have access to the
						Statewide Relay Services line, also known as TTY which offers services to
						translate for the hearing and vision impaired.
TRS Provider - AT&T
Address:
P O Box 811, Jackson, MS 39205
Customer Service #'s
: 800-557-7755(V/T) and
						601-371-8020(V/T)
Access #'s:
1-800-582-2233 (V/T)
1-800-229-5746 (STS English)
1-866-260-9470 (STS Spanish)
Another toll free service,*211, is offered by the United
						Way and can assist workers and clients with finding any needed services in the
						area.