Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Ann. Code § 97-3-7(6)In criminal law: The crime of domestic violence is committed ‘in the physical presence or hearing of a child’ when a child who is under age 16 was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

Consequences

Citation: Ann. Code § 97-3-7(6)In sentencing for the crime of domestic violence, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child.

Current Through February 2016

Physical Abuse

Citation: Ann. Code § 43-21-105‘Abused child’ means a child whose parent, guardian, custodian, or any person responsible for his or her care or support, whether or not legally obligated to do so, has caused or allowed to be caused upon the child nonaccidental physical injury or other maltreatment. The term ‘abused child’ also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.

Neglect

Citation: Ann. Code § 43-21-105‘Neglected child’ means a child:

• Whose parent, guardian, custodian, or any person responsible for his or her care or support neglects or, when able to do so, refuses to provide proper and necessary care or support; education as required by law; or medical, surgical, or other care necessary for his or her well-being
• Who is otherwise without proper care, custody, supervision, or support
• Who, for any reason, lacks the special care made necessary for him or her by reason of his or her mental condition, whether said mental condition be mentally retarded or mentally ill
• Who, for any reason, lacks the care necessary for his or her health, morals, or well-being

Sexual Abuse/Exploitation

Citation: Ann. Code § 43-21-105The term ‘abused child’ includes sexual abuse or sexual exploitation.

‘Sexual abuse’ means obscene or pornographic photographing, filming, or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances that indicate that the child’s health or welfare is harmed or threatened.

Emotional Abuse

Citation: Ann. Code § 43-21-105The term ‘abused child’ includes emotional abuse or mental injury.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Ann. Code § 43-21-353
A report is required when a mandatory reporter has reasonable cause to suspect that a child is abused or neglected.

Persons Responsible for the Child

Citation: Ann. Code § 43-21-105Responsible persons include:

• A parent, guardian, or custodian
• ‘Any person responsible for care or support,’ which refers to the person who is providing for the child at a given time, including, but not limited to, stepparents, foster parents, relatives, nonlicensed babysitters or other similar persons responsible for a child, and staff of residential care facilities and group homes licensed by the department

Exceptions

Citation: Ann. Code § 43-21-105A parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof, shall not, for that reason alone, be considered to be neglectful.

Physical discipline, including spanking, performed on a child by a parent, guardian, or custodian in a reasonable manner shall not be deemed abuse under this section.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 93-21-3‘Abuse’ means the occurrence of one or more of the following acts between any individuals listed below:

• Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon
• Placing, by physical menace or threat, another in fear of imminent serious bodily injury
• Criminal sexual conduct committed against a minor, as defined by § 97-5-23
• Stalking, as defined by § 97-3-107
• Cyberstalking, as defined by § 97-45-15
• Sexual offenses, as defined by §§ 97-3-65 or 97-3-95

Defined in Child Abuse Reporting and Child Protection Laws

Citation: This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code § 97-3-7A person is guilty of simple domestic violence who:

• Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another
• Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm
• Attempts by physical menace to put another in fear of imminent serious bodily harm when the offense is committed against a current or former spouse of the defendant or a child of that person; a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person; a parent, grandparent, child, grandchild, or someone similarly situated to the defendant; a person who has a current or former dating relationship with the defendant; or a person with whom the defendant has had a biological or legally adopted child

A person is guilty of aggravated domestic violence who:

• Attempts to cause serious bodily injury to another or causes such an injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life
• Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm
• Strangles or attempts to strangle a current or former spouse of the defendant or a child of that person; a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person; a parent, grandparent, child, grandchild, or someone similarly situated to the defendant; a person who has a current or former dating relationship with the defendant; or a person with whom the defendant has had a biological or legally adopted child

Persons Included in the Definition

Citation: Ann. Code § 93-21-3The following individuals are included:

• Spouses, former spouses, or persons living as spouses or who formerly lived as spouses
• Persons having a child or children in common
• Other individuals related by consanguinity or affinity who reside together or who formerly resided together
• Individuals who have a current or former dating relationship

‘Dating relationship’ means a social relationship of a romantic or intimate nature between two individuals. It does not include a casual relationship or ordinary fraternization between two individuals in a business or social context. Whether a relationship is a ‘dating relationship’ shall be determined by examining the following factors:

• The length of the relationship
• The type of relationship
• The frequency of interaction between the two individuals involved in the relationship

Current Through March 2015

Citation: Ann. Code § 43-21-355

Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child care giver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor, or any other person participating in making a required report pursuant to the reporting laws or participating in a judicial proceeding resulting therefrom shall be presumed to be acting in good faith.

Any person or institution reporting in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Code § 43-21-353A mandated reporter who has reasonable cause to suspect that a child is abused or neglected shall immediately make an oral report to the Department of Human Services, to be followed as soon as possible by a written report.

Content of Reports

Citation: Ann. Code § 43-21-353Any report to the department shall contain:

• The names and addresses of the child, the child’s parents, or other persons responsible for the child’s care
• The child’s age
• The nature and extent of injuries, including any evidence of prior injuries
• Any other information that might be helpful in establishing the cause of the injury and the identity of the perpetrator

Reporting Suspicious Deaths

Citation:  This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation: This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Ann. Code § 43-21-353The Department of Human Services shall maintain a statewide incoming wide-area telephone service or similar service for the purpose of receiving reports of suspected cases of child abuse. When the department receives a report, it shall immediately make a referral to the Youth Court intake unit. The intake unit shall promptly comply with § 43-21-357.

Initial Screening Decisions

Citation: Code of Rules, 11-006-102When a report is received, the department will determine:

• If the family can be located
• If the alleged perpetrator is a parent, guardian, relative, someone in a caregiving role, out-of-home care or foster care provider, other legal caregiver, or a person the parent allows to have access to the child
• If the report alleges maltreatment of the child that meets statutory and department criteria of maltreatment
• If the child has been harmed or is in imminent risk of being harmed

After gathering as much information as possible, department staff will screen the report; this task must be completed immediately upon receipt of report. Staff will use the statutory criteria to make the screening decision:

• Level One: A report that does not meet the statutory criteria is screened out and may receive a referral for information or for services.
• Level Two: A report that meets the statutory criteria but is not considered felony child abuse, or the alleged victim is not a foster child, is screened in and assigned to a worker who must initiate the investigation within 72 hours of assignment.
• Level Three: A report that is considered a felony or involves a foster child is screened in and assigned for investigation. The assigned worker has 24 hours from assignment to initiate the investigation.

Agency Conducting the Assessment/Investigation

Citation: Ann. Code §§ 43-21-357; 43-21-353If the Youth Court intake unit receives a neglect or abuse report, the intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings to the Youth Court intake unit.

In any investigation of a report made under this chapter of the abuse or neglect of a child, the department may request the appropriate law enforcement officer with jurisdiction to accompany the department in its investigation. In such cases the law enforcement officer shall comply with such request.

Upon receiving a report that a child has been abused in such a manner as to cause serious bodily harm or abuse that would be a felony under State or Federal law, the department shall immediately notify the law enforcement agency in whose jurisdiction the abuse occurred and shall notify the appropriate prosecutor within 48 hours. The law enforcement agency and the department shall investigate the reported abuse immediately, file a preliminary report with the appropriate prosecutor’s office within 24 hours, and make additional reports as new or additional information or evidence becomes available.

Assessment/Investigation Procedures

Citation: Code of Rules, 11-006-102If contact information is provided on the reporter, the worker assigned the investigation will contact the reporter as the first step in the investigation. The purposes of contacting the reporter are:

• To get additional information in regard to the abuse or neglect being reported
• To inform the reporter of the role and purpose of the department in its response to the report

The investigation will include interviews with the parent, guardian, caregiver, or alleged perpetrator and the alleged child victim. Medical examinations of children should occur when there are specific allegations indicating injury that can be corroborated and verified by an examination and the initial phases of the investigation reveal information indicating that a medical examination is necessary and warranted in order to determine whether or not there is evidence to substantiate any harm or maltreatment.

A safety assessment is completed in all situations in which the report has been assigned a Level Two or Level Three investigation. The safety assessment addresses the following areas:

• Physical harm or injury
• Neglect of basic needs
• Family strengths and needs
• Prior history of abuse, neglect, exploitation, or domestic violence
• Protective capacity of the parent or caregiver

A risk assessment assesses the well-being of the child and the risk factors for abuse and neglect, including:

• The nature of the abuse and/or neglect
• The caregiver’s ability to provide basic needs
• The parent or caregiver’s level of functioning and support system
• Family and caregiver-child relationships, including parenting style, parenting knowledge and skill, and discipline techniques

Timeframes for Completing Investigations

Citation: Code of Rules, 11-006-102The safety assessment is completed within 7 calendar days of the report being assigned. The risk assessment shall be addressed simultaneously with the safety assessment but must be completed within 25 calendar days of assignment and along with the completed investigation. The supervisor has 5 calendar days to approve the findings.

Classification of Reports

Citation: Code of Rules, 11-006-102When the worker completes an investigation, a determination is made to support the disposition of the report. Report findings are either substantiated or unsubstantiated. This determination is made based upon:

• Substantiation criteria
• The Safety Checklist for Children
• The results of the safety and risk assessments
• The information gathered in interviews
• Direct observation
• Medical or psychological information

Current Through April 2015

Citation: Ann. Code § 41-29-313It is unlawful for any person to knowingly or intentionally:

• Purchase, possess, transfer, manufacture, attempt to manufacture, or distribute any two or more of the listed precursor chemicals or drugs in any amount with the intent to unlawfully manufacture a controlled substance
• Purchase, possess, transfer, manufacture, attempt to manufacture, or distribute any two or more of the listed precursor chemicals or drugs in any amount, knowing, or under circumstances where one reasonably should know, that the listed precursor chemical or drug will be used to unlawfully manufacture a controlled substance

Any person who violates this subsection, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed 8 years and shall be fined not less than $5,000 nor more than $50,000, or both.

Any person who violates the provisions of this section with children under age 18 present may be subject to a term of imprisonment, a fine, or both, of twice that provided in this section.

Current Through August 2014

Making The Appointment

Citation: Ann. Code §§ 43-21-121; 43-21-201A guardian ad litem (GAL) shall be appointed for the child. In cases where the court appoints a layman as GAL, the court shall also appoint an attorney to represent the child.

The youth court shall appoint a GAL for the child:

• When a child has no parent, guardian, or custodian
• When the youth court cannot acquire personal jurisdiction over a parent, guardian, or custodian
• When the parent is a minor or a person of unsound mind
• When the parent is indifferent to the interests of the child or if the interests of the child and the parent, considered in the context of the case, appear to conflict
• In every case involving an abused or neglected child that results in a judicial proceeding
• In any other instance where the youth court finds appointment of a GAL to be in the best interests of the child

The GAL shall be appointed by the court when custody is ordered or at the first judicial hearing regarding the case, whichever occurs first.

Each party shall have the right to be represented by counsel at all stages of the proceedings, including, but not limited to, detention, adjudicatory and disposition hearings, and postdisposition matters. If indigent, the child shall have the right to have counsel appointed for him or her by the youth court.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Ann. Code § 43-21-121The court, in its discretion, may appoint a trained, volunteer layperson to assist children subject to the provisions of this section in addition to the appointment of a GAL.

Qualifications/Training

Citation: Ann. Code § 43-21-121The GAL shall be a competent person who has no adverse interests to the child. The court shall ensure that the GAL is adequately instructed on the proper performance of his or her duties.

The court may appoint either a suitable attorney or a suitable layperson as a GAL. From and after January 1, 1999, in order to be eligible for an appointment as a GAL, such attorney or layperson must have received child protection and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately preceding such appointment. The Mississippi Judicial College shall determine the amount of child protection and juvenile justice training that shall satisfy the requirements of this section. The Administrative Office of Courts shall maintain a roll of all attorneys and laypersons eligible to be appointed as a GAL.

Specific Duties

Citation: Ann. Code §§ 43-21-121; 43-21-201(4)In addition to all other duties required by law, a GAL shall have the duty to protect the interests of a child for whom he or she has been appointed GAL. The GAL shall investigate, make recommendations to the court, or enter reports as necessary to hold paramount the child’s best interests. The GAL is not an adversary party, and the court shall ensure that GALs perform their duties properly and in the best interests of their wards.

Upon appointment of a GAL, the youth court shall continue any pending proceedings for a reasonable time to allow the GAL to familiarize himself or herself with the matter, consult with counsel, and prepare his or her participation in the case.

The child’s attorney shall owe the same duties of undivided loyalty, confidentiality, and competent representation to the child or minor as is due an adult client pursuant to the Mississippi Rules of Professional Conduct.

How the Representative Is Compensated

Citation: Ann. Code § 43-21-121Upon order of the youth court, the GAL shall be paid a reasonable fee as determined by the youth court judge or referee out of the county general fund. To be eligible for this fee, the GAL shall submit an accounting of the time spent in performance of his or her duties to the court.

Current Through April 2014

When Case Plans Are Required

Citation: Code of Miss. Rules, 18-006-14, Part VII, Sec. BThe case plan for each child is developed within 30 calendar days from the date of removal from the home. Within 30 calendar days of a child’s entrance into foster care, the DFCS caseworker shall convene a family team to develop service plans and visitation plans for both the child and the parents with the participation of all team meeting participants. The family service plan is developed and submitted to the supervisor within 30 calendar days of the custody date, unless the court determines otherwise.

Who May Participate in the Case Planning Process

Citation: Code of Miss. Rules, 18-006-14, Part VII, Sec. BFamily engagement is an ongoing process of involving the family from the initial investigation throughout the life of the case. The caseworker must engage the family, extended family members, and formal and informal support networks through family team meetings to help them make a permanent plan for the child. The caseworker will work with the family to develop an adult and child individualized service plan, listing tasks and goals needing achievement to facilitate the permanent plan.

The case plan for each child is developed jointly with the parent or guardian of the child.

The family team meeting includes the caseworker, the caseworker’s direct supervisor, the foster caregiver (if applicable), the child’s parent or guardian, other family members (if appropriate), and the child unless there is justification for excluding the child from the planning process.

Contents of a Case Plan

Code of Miss. Rules, 18-006-14, Part VII, Sec. BThe case plan for each child:

• Includes a description of the services offered and provided to prevent removal of the child from the home and to reunify the family
• Includes a description of the type of home or institution in which the child is placed
• Includes a discussion of the safety and appropriateness of the placement
• Includes a plan for ensuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to facilitate the child’s return home or for permanent placement
• Includes a plan for ensuring that appropriate services are provided to the child and foster parents in order to address the needs of the child while in foster care
• When appropriate for a child age 16 or older, includes a written description of the programs and services to help the child prepare for the transition from foster care to independent living
• In the 90-day period immediately prior to the child’s 18th birthday, addresses the assistance and support needed in developing a transition plan that is personalized and includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services
• Includes information about the importance of designating another individual to make health-care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions, and the child does not have, or does not want, a relative who would otherwise be authorized under State/Tribal law to make such decisions
• Provides the child with the option to execute a health-care power-of-attorney, health-care proxy, or other similar document recognized under State/Tribal law
• Documents the steps to finalize a placement when the case plan goal is or becomes adoption or placement in another permanent home

When the case plan goal is adoption, at a minimum the documentation shall include child-specific recruitment efforts such as the use of Tribal, State, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely placements.

The family service plan (FSP) should be individualized, strengths-based, family-focused, and culturally responsive. In a case in which the child in custody has a permanent plan of reunification, an FSP between the caseworker and the parents, caregivers and child is required. The FSP should be used as a means of facilitating the child’s return home.

The parents will have a 6-month period in which to complete the tasks in the FSP. At the end of 6 months, the court may direct DFCS to: (1) continue to work with the parents for return of the child to their home, (2) begin procedures to terminate parental rights, or (3) pursue another permanency plan.

Each FSP and revision of the plans shall include the following:

• Service goals, desired outcomes, and timeframes for achieving them
• Service and supports to be provided, and by whom
• The signatures of the parents, with whom reunification is planned, and when appropriate, the child or youth
• Unmet services and support needs that impact safety, permanency, and well-being
• Efforts to maintain and strengthen relationships
• Educational needs and goals
• The need for culturally responsive services and the support of the family’s informal social network

The goals and tasks set forth within the FSP shall be a direct reflection of the decisions made within the family team meeting.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Code §§ 43-15-13; 43-21-603; 43-21-613The Department of Human Services shall complete an administrative review on each child within the first 3 months and a foster care review once every 6 months after the child’s initial 48-hour shelter hearing.

A permanency hearing must be held:

• Within 30 days of a finding that reasonable efforts to reunify the family are not required
• With 12 months after the earlier of an adjudication that the child has been abused or neglected or the date of the child’s removal from the allegedly abusive or neglectful custodian and/or parent

Persons Entitled to Attend Hearings

Citation: Ann. Code § 43-15-13The following persons may be present and give testimony at the hearing:

• The parent
• The foster parent
• The grandparents
• The guardian ad litem
• Representatives of any private care agency that has cared for the child
• The family protection worker or family protection specialist assigned to the case

Determinations Made at Hearings

Citation: Ann. Code § 43-15-13The review shall include at a minimum an evaluation of the child based on the following:

• The extent of the care and support provided by the parents while the child is in temporary custody
• The extent of communication with the child by parents or guardian
• The degree of compliance by the agency and the parents with the social service plan
• The methods of achieving the goal and the plan establishing a permanent home for the child
• Social services offered and/or utilized to facilitate plans for establishing a permanent home for the child

Permanency Options

Citation: Ann. Code § 43-15-13The goal of the service plan shall be:

• Return the child to his or her natural parent(s)
• Refer the child to the appropriate court for termination of parental rights and placement in a permanent relative’s home, adoptive home, or foster/adoptive home

Current Through March 2016

Citation: Ann. Code § 43-21-103This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable, and productive citizen, and that each such child shall receive such care, guidance, and control, preferably in such child’s own home, as is conducive toward that end and is in the State’s and the child’s best interests. It is the public policy of this State that the parents of each child shall be primarily responsible for the care, support, education, and welfare of such children; however, when it is necessary that a child be removed from the control of such child’s parents, the youth court shall secure proper care for such child.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Code § 93-15-103Grounds for termination of parental rights shall be based on one or more of the following factors:

• The parent has deserted the child without means of identification or abandoned a child.
• The parent has made no contact with a child under age 3 for 6 months or a child age 3 or older for 1 year.
• The parent has been responsible for a series of abusive incidents concerning one or more children.
• When the child has been in the care and custody of a licensed child-caring agency or the Department of Human Services for at least 1 year, that agency or the department has made diligent efforts to develop and implement a plan for return of the child to his or her parents, and:
  • The parent has failed to exercise reasonable available visitation with the child.
  • The parent, having agreed to a plan to reunify with the child, fails to implement the plan so that the child caring-agency is unable to return the child to the parent.
• The parent exhibits ongoing behavior that would make it impossible to return the child to the parent’s care and custody because:
  • The parent has a diagnosable condition that makes the parent unable to assume minimally, acceptable care of the child that is unlikely to change within a reasonable time, such as alcohol or drug addiction, severe mental deficiencies or mental illness, or extreme physical incapacitation.
  • The parent fails to eliminate behavior, identified by the child-caring agency or the court, which prevents placement of the child with the parent in spite of diligent efforts of the child-caring agency to assist the parent.
• There is an extreme and deep-seated antipathy by the child toward the parent, or there is some other substantial erosion of the relationship between the parent and child that was caused at least in part by the parent’s serious neglect, abuse, prolonged and unreasonable absence, unreasonable failure to visit or communicate, or prolonged imprisonment.
• The parent has been convicted of any of the following offenses against any child:
  • Rape, sexual battery, touching a child for lustful purposes, or exploitation
  • Felonious abuse or battery of a child
  • Carnal knowledge of a step- or adopted child or a child of a cohabitating partner
  • Murder or voluntary manslaughter of another child of the parent, or aiding, abetting, attempting, conspiring, or soliciting to commit such murder or voluntary manslaughter
  • Felony assault that results in the serious bodily injury to the surviving child or another child of the parent
• The child has been adjudicated to have been abused or neglected and has been placed in out-of-home care, and a court of competent jurisdiction has determined that reunification shall not be in the child’s best interests.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Code Ann. §§ 43-15-13; 93-15-103For any child who has been in foster care for 15 of the last 22 months, regardless of whether the foster care was continuous for all of those 22 months, the department shall file a petition to terminate the parental rights of the child’s parents. The time period starts to run from the date the court makes a finding of abuse and/or neglect or 60 days from when the child was removed from his or her home, whichever is earlier. The department can choose not to file a termination of parental rights petition if the following apply:

• The child is being cared for by a relative.
• The department has documented compelling and extraordinary reasons why termination of parental rights would not be in the best interests of the child.

Legal custody and guardianship by persons other than the parent, as well as other permanent alternatives that end the supervision by the Department of Human Services, should be considered as alternatives to the termination of parental rights, and these alternatives should be selected when, in the best interests of the child, parental contacts are desirable and it is possible to secure such placement without termination of parental rights.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Ann. Code § 43-15-201

An infant who is 72 hours old or younger may be relinquished.

Who May Relinquish the Infant

Citation: Ann. Code § 43-15-201

A child is relinquished when the child is voluntarily delivered to the provider by the child’s parent and the parent did not express an intent to return for the child.

Who May Receive the Infant

Citation: Ann. Code §§ 43-15-201; 43-15-207

The child may be delivered to an emergency medical services provider. The term ’emergency medical services provider’ means a licensed hospital that operates an emergency department or a licensed adoption agency.

An emergency medical services provider does not include the offices, clinics, surgeries, or treatment facilities of private physicians or dentists. No individual licensed health-care provider, including physicians, dentists, nurses, physician assistants, or other health professionals shall be deemed to be an emergency medical services provider unless such individual voluntarily assumes responsibility for the custody of the child.

Responsibilities of the Safe Haven Provider

Citation: Ann. Code §§ 43-15-201; 43-15-203

An emergency medical services provider, without a court order, shall take possession of a newborn who is voluntarily delivered to the provider by the child’s parent and the parent did not express an intent to return for the child.

An emergency medical services provider who takes possession of a child shall perform any act necessary to protect the physical health or safety of the child.

No later than the close of the first business day after the date on which an emergency medical services provider takes possession of a child, the provider shall notify the Department of Human Services.

Immunity for the Provider

Citation: Ann. Code § 43-15-209

A person or entity taking possession of a child under the provisions of this article shall be immune from liability for any civil action arising out of any act or omission resulting from taking possession of the child unless the act or omission was the result of the person’s or entity’s gross negligence or willful misconduct.

Protection for Relinquishing Parent

Citation: Ann. Code §§ 43-15-201; 43-15-205

The parent who surrenders the baby shall not be required to provide any information pertaining to his or her identity, nor shall the emergency medical services provider inquire as to same. If the identity of the parent is known to the emergency medical services provider, the emergency medical services provider shall keep the identity confidential.

A female presenting herself to a hospital through the emergency room or otherwise, who is subsequently admitted for purposes of labor and delivery, does not give up the legal protections or anonymity guaranteed under this section. If the mother clearly expresses a desire to voluntarily surrender custody of the newborn after birth, the emergency medical services provider can take possession of the child, without further action by the mother, as if the child had been presented to the emergency medical services provider in the same manner outlined above.

If the mother expresses a desire to remain anonymous, identifying information may be obtained for purposes of securing payment of labor and delivery costs only. If the birth mother is a minor, the hospital may use the identifying information to secure payment through Medicaid but shall not notify the minor’s parent or guardian without the minor’s consent. The identity of the birth mother shall not be placed on the birth certificate or disclosed to the Department of Human Services.

Relinquishment to a safe haven is an affirmative defense to prosecution for abandonment, neglect, or exposure of the child.

Effect on Parental Rights

Citation: Ann. Code §§ 43-15-201; 43-15-203

There is a presumption that by relinquishing a child in accordance with this section, the parent consents to the termination of his or her parental rights with respect to the child. As such, the parent waives the right to notification required by subsequent court proceedings.

The Department of Human Services shall assume control and custody of the child.

Current Through December 2014

Definitions

Citation: Ann. Code § 43-21-105The term ‘parent’ means the father or mother to whom the child has been born or by whom the child has been legally adopted.

‘Guardian’ means a court-appointed guardian of the person of a child. A ‘custodian’ means any person having the present care or custody of a child whether such person be a parent or otherwise. A ‘legal custodian’ is a court-appointed custodian of the child.

The term ‘custody’ means the physical possession of the child by any person. The term ‘legal custody’ means the legal status created by a court order that gives the legal custodian the responsibilities of physical possession of the child and the duty to provide the child with food, shelter, education, and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person.

The term ‘durable legal custody’ means the legal status created by a court order that gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide the child with care, nurture, welfare, food, shelter, education, and reasonable medical care. All these duties are subject to the residual rights and responsibilities of the natural parents or guardians of the child or children.

Purpose of Guardianship

Citation: Ann. Code § 93-15-103Legal custody and guardianship by persons other than the parent, as well as other permanent alternatives that end supervision by the Department of Human Services, should be considered as alternatives to the termination of parental rights. These alternatives should be selected when, in the best interests of the child, parental contacts are desirable and it is possible to secure such placement without termination of parental rights.

A Guardian’s Rights and Responsibilities

Citation: Code of Rules § 18-006-104Durable legal custody gives the custodian the responsibilities of physical possession of the child and the duty to provide the child with care, nurture, welfare, food, shelter, education, and reasonable medical care. Legal guardianship transfers to the caregiver the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decision-making. The department will be released from any oversight or monitoring responsibilities in either durable legal custody or legal guardianship unless ordered otherwise by the court. The birth parents maintain their parental rights.

Qualifying the Guardian

Citation: Code of Rules § 18-006-104The caseworker will have the following responsibilities in achieving durable legal custody and/or guardianship:

• Enlist the family’s cooperation in identifying all possible relative resources and make contact with them in a timely manner
• Assure that a home evaluation, including police and background checks of any and/or all relatives who are being considered, has been completed
• Conduct a home evaluation that includes an assessment of the safety of the home
• Discuss alternate permanency options, including adoption, with all parties involved in terms they understand to ensure that this is the most appropriate option available for this child
• Document all efforts to engage families in the planning and development of child’s permanent goals
• Inform the court of the identified individuals’ interest and ability to assume durable legal custody and/or legal guardianship
• Obtain approval of the goal from the court
• Provide support such as referrals, financial services, and/or other follow-up services to secure the placement

Procedures for Establishing Guardianship

Citation: Ann. Code § 43-21-609; Code of Rules § 18-006-104If the court finds that temporary relative placement, adoption, or foster care placement is inappropriate, unavailable, or otherwise not in the best interests of the child, durable legal custody may be granted by the court to any person, subject to any limitations and conditions that the court may prescribe. Such durable legal custody will not take effect unless the child or children have been in the physical custody of the proposed durable custodians for at least 1 year under the supervision of the Department of Human Services.

In regulation: No child shall be assigned a permanency goal of durable legal custody unless there are documented efforts in the child’s case record to move the child to adoption and documentation of a reasonable basis why it is in the child’s best interests not to be considered for adoption.

Durable legal custody or legal guardianship is achieved after the court grants custody to the placement resource. No further review hearings are necessary. The department is relieved of custody of the child and from any oversight or monitoring responsibilities unless otherwise ordered by the court.

Contents of a Guardianship Order

Citation: Code of Rules § 18-006-104, App. PIn the durable legal custody agreement, the custodian agrees to the following terms:

• The child will be allowed to remain in the home of the custodian and be raised as a member of the family group until the child reaches adulthood.
• The custodian will provide continued care for the child in the same home in order to restore and create a permanent and stable foundation for the child.
• The custodian agrees to act as the primary parental figure of the child until he or she becomes an adult, marries, or is otherwise freed from minority.
• The custodian agrees that he or she will not seek the removal of the child from his or her home except under the most serious and emergency circumstances, acknowledging his or her willingness to accept legal, physical, and financial responsibility if durable legal custody is accepted and ordered by the court.
• The custodian acknowledges that the option of adoption was presented and discussed and determined not to be in the best interests of the child and agrees and understands that he or she is accepting legal and physical custody of the child and that any board payment and/or Medicaid being received through the department will end at the time the court finalizes custody.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

This issue is not addressed in the statutes and regulations reviewed.

Links to Agency Policies

Mississippi Division of Family and Children’s Services, Policy Manual, Section D: Foster Care Policy (PDF – 1,132 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code § 43-15-13When the Department of Human Services is considering the placement of a child in a foster home and when the department deems it to be in the best interests of the child, the department shall give first priority to one of the child’s relatives within the third degree, as computed by the civil law rule.

Requirements for Placement with Relatives

Citation: Ann. Code §§ 43-1-63; 43-15-13; 43-15-17In placing the child in a relative’s home, the department may waive any rule, regulation, or policy applicable to placement in foster care that would otherwise require the child to have a separate bed or bedroom or have a bedroom of a certain size if placing the child in a relative’s home would be in the best interests of the child and such requirements cannot be met in the relative’s home.

For a child placed in the care of the child’s relative within the third degree by the State or a county Department of Human Services, the department may make monthly payments to defray the relative’s expense of furnishing room and board. The department’s relative care payment shall be in an amount up to 100 percent of the amount of the foster care board payment. The department may continue to make those payments to the relative after the department relinquishes legal custody of the child to the relative.

Relatives must undergo criminal background checks.

Requirements for Placement of Siblings

Citation: Admin. Code Tit. 67, §7315(G)(3)(d)When selecting an adoptive family, placement of siblings as a family group is usually the preferred placement choice unless contraindicated by:

• Assessment of the nature of sibling relationships
• The likelihood that placement would be unduly delayed by waiting for a family who will accept all of the children in a sibling group
• The existence of significant affectionate attachment between a child and foster parents who wish to adopt only the member of the sibling group already placed in their home

The child-placing agency may agree to [separating siblings who are in different foster placements] when an assessment indicates that the child’s psychological bond to the foster parents is so strong that it is more important to the child than the sibling relationship. In this situation, an assessment must be made of the foster parents’ willingness to maintain sibling contact after finalization of the adoption.

Relatives Who May Adopt

Citation: Ann. Code § 43-15-13A relative is a person related to the child within the third degree, according to civil law.

Requirements for Adoption by Relatives

Citation: Ann. Code §§ 93-15-107; 93-17-11; 93-17-13For a child who is in the legal custody of the Department of Human Services and has been in the physical custody of a relative, the department may pay the costs of adoption proceedings initiated by relatives if they are unable to pay such costs.

An adoption investigation is not required when the petitioner is a relative or stepparent of the child. A 6-month waiting period for the final decree is not required for an adoption by a relative or a stepparent.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Code § 43-51-3Family preservation services are services designed to help families alleviate risks or crises that might lead to out-of-home placement of children. The services may include procedures to maintain the safety of children in their own homes, support to families preparing to reunify or adopt, and assistance to families in obtaining services and other sources of support necessary to address their multiple needs in a culturally sensitive environment.

Family support services are preventive community-based activities designed to alleviate stress and to promote parental competencies and behaviors that will increase the ability of families to successfully nurture their children and will enable families to use other resources and opportunities available in the community. These services may include supportive networks designed to enhance child-rearing abilities of parents and to help compensate for the increased social isolation and vulnerability of families. Examples of these services and activities include:

• Respite care for parents and other caregivers
• Early developmental screening of children to assess their needs and assistance in obtaining specific services to meet their needs
• Mentoring, tutoring, and health education for youth
• A range of center-based activities, such as informal interactions in drop-in centers and parent support groups and home visiting programs

When Reasonable Efforts Are Required

Citation: Ann. Code § 43-21-609If the child has not been taken into care previously, the court shall determine:

• Reasonable efforts have been made to maintain the child within his or her own home unless the circumstances warrant his or her removal, and there is no reasonable alternative to custody.
• The circumstances are of such an urgent nature that no reasonable efforts have been made to maintain the child within his or her own home, and there is no reasonable alternative to custody.

If the court finds that the child should be taken into care, the court shall order that reasonable efforts be made toward the reunification of the child with his or her family.

If the child has been taken into care before the disposition hearing, the court shall determine whether reasonable efforts were made by the Department of Human Services to finalize the child’s permanency plan that was in effect on the date of the disposition hearing.

When Reasonable Efforts Are NOT Required

Citation: Ann. Code § 43-21-603(7)Reasonable efforts to maintain the child within his or her home shall not be required if the court determines that:

• The parent has subjected the child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse, and sexual abuse.
• The parent has been convicted of murder or voluntary manslaughter of another child of that parent; aiding, abetting, attempting, conspiring, or soliciting to commit that murder or voluntary manslaughter; or a felony assault that results in the serious bodily injury to the surviving child or another child of that parent.
• The parental rights of the parent to a sibling have been terminated involuntarily.
• Continuation of the child’s residence within his or her own home would be contrary to the welfare of the child, and placement of the child in foster care is in the best interests of the child.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation: This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation: This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.