Category Archives: Child Custody

Child Custody, Foster Care, Foster Parent, General Legal, Visitation

Foster Parent Bill of Rights – 5th installment

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Taking the 5th, but not like in the Constitution…#5 in a series on Mississippi’s Foster Parent’s Bill of Rights.

(p) Support from the family protection worker or the family protection specialist in efforts to do a better day-to-day job in caring for the child and in working to achieve the agency’s objectives for the child and the birth family through provision of:

Read this as help, info and cooperation from the social worker/investigator.

(i) A copy of the “Foster Child Information Form”  and all other pertinent information about the child and the birth family, including medical, dental, behavioral health history, psychological information, educational status, cultural and family background, and other issues relevant to the child which are known to the department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. The department shall make reasonable efforts to gather and provide all additional current medical, dental, behavioral, educational and psychological information reasonably available from the child’s service providers within fifteen (15) days of placement. When the department learns of such information after fifteen (15) days of placement, the department shall communicate such information to the foster parent as soon as practicable;

This is the Right to be informed about your foster child; the good, the bad and the important.

(ii) An explanation of the plan for placement of the child in the foster parent’s home and the ongoing and timely communication of any necessary information which is relevant to the care of the child, including any changes in the case plan;

This includes the right to know what the permanent plan and concurrent plan for custody/placement are. You have the right to timely updates about any changes in this plan. Interestingly, one placement ends the foster parent does not have the right to know where the child is.

(iii) Help in using appropriate resources to meet the child’s needs, including counseling or other services for victims of commercial sexual exploitation or human trafficking;

Counseling services will be made available if deemed necessary. While you will be privy to confidential information regarding this, you must maintain that confidentiality.

(iv) Direct interviews between the family protection worker or specialist and the child, previously  discussed and understood by the foster parents;

You can learn about the info exchanged in in-person interviews between the child and the agency.

(v) Information regarding whether the child experienced commercial sexual exploitation or human trafficking;

You will be provided information if applicable, but also asked to hold this in strict confidence.

(vi) Information related to the Healthy, Hunger-Free Kids Act of 2010. Foster parents shall protect the confidentiality of the child by working directly with a designated school official to complete the application for free lunches.

The Healthy, Hunger-Free Kids Act of 2010 authorized funding for federal school meal and child nutrition programs and increased access to healthy food for low-income children. The bill that reauthorized these programs is often referred to by shorthand as the child nutrition reauthorization bill.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Child Support, Divorce, General Legal, Marriage, Opinion

What can the Judge Order you to do in a Divorce/Custody Case?

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Getting divorced allows the Government into your life!

Getting divorced happens. It can be relatively easy or it can be one of the most difficult times of your life. However, the impact can also last a lot longer than the few months or the few years of the litigation.

The Court has the authority to make you pay child support. And in Mississippi, that can last until the child turns 21. The age is NOT 18 and it cannot be, even by agreement.

Additionally, the Court could make you pay for college, even beyond age 21.

The Court can make you pay for health insurance and non-covered medical expenses, like co-pays, prescriptions, dental, vision, and all out-of-pocket expenses.

The Court can make you pay for extracurricular activities; sports, dance, cheer and scouts. The Court can make you pay for daycare, after care, summer care and school expenses.

Cars, cell phones and private school expenses are usually not Ordered but under certain circumstances the Court could.

The Court can obligate you to hundreds and even thousands of dollars $$ per month that are to be paid or you might even go to JAIL!!

Interestingly, we really don’t contemplate any of these potential obligations when we get married…

Matthew Thompson is a child custody and child support attorney in Mississippi.

Child Custody, Foster Care, Foster Parent, General Legal, Opinion, Visitation

Foster Parent’s Bill of Rights – FPBOR – Take 4

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May the 4th be with you. The Fourth installment of Foster Parent info regarding the MS Foster Parent Bill of Rights…

(l) Involvement in all the agency’s crucial decisions regarding the child as team members who have pertinent information based on their day-to-day knowledge of the child in care and involvement in planning, including, but not limited to, individual service planning meetings, foster care review, individual educational planning meetings, and medical appointments;

The foster parent has the right to “be involved” in decisions as a “team member” that has pertinent information. This involvement includes that you may share your opinion…however, it does not go so far as to veto any decision made by the Court or CPS. The above is a paragraph loaded with buzz words, but provides little meat regarding actual decision making.

(m) The opportunity to participate in the planning of visitations between the child and the child’s siblings, parents or former guardians or other biological family members which have been previously authorized by the youth court. Visitations shall be scheduled at a time and place meeting the needs of the child, the biological family, and the foster family.

The foster parent has the right to “participate in planning” visitations. This is not the right to deny or refuse visitations. This is not the right to alter, amend or change the Court-ordered visitation. This is the right to let CPS or the Court know that Wednesday nights, 6:00 pm-9:00 pm isn’t a convenient time for a visit as you are obligated to cook chicken tenders at church. Otherwise, as a foster parent, you are obligated to cooperate with visitation, even if you disagree with the idea and even if the child does not want to go. The child does not “drive the boat.”

Recognizing that visitation with family members is an important right of children in foster care, foster parents shall be flexible and cooperative with regard to family visits but shall retain the right to reasonable advance notice of all scheduled visitations;

Last minute changes or unplanned visits may not work, however, as a foster parent you have agreed to try and make it happen. Please do. The fastest way to no longer be a foster parent is interfere with visits, aka the permanent plan of reunification.

(n) The ability to communicate with department personnel or representatives twenty-four (24) hours a day, seven  (7) days a week, for the purpose of aiding the foster parent;

Again, this is really the ability to provide info or request a call back. You may not get a call back at midnight. Also, if you are providing information for the worker to know/consider, you may not get a text confirmation…

(o) A comprehensive list of all resources available to the foster parent and child, including dental providers, medical providers, respite workers in the area, day cares, and methods for submitting reimbursements;

This means you may be provided a list of providers if its determined that those services are necessary. IF they are not deemed necessary you may not get a list. If these services are deemed necessary it is the foster parent’s responsibility to see that arrangements are made for the child to use these services, with assistance of the agency.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Foster Care, Foster Parent, General Legal, Visitation

Foster Parent Training – Continuing Education

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It’s not just putting on band aids and darning socks…

Ongoing Training Requirements.
All licensed Foster Parents are required to receive ten (10) hours of ongoing annual training, five (5) of which must be in a classroom setting.

The Licensure Specialist shall ensure that the Foster Parents on their caseload are notified of the availability of home-based and online training opportunities, as well as dates, times, and locations of classroom-based classes.


Approved Ongoing Training.
Foster parents are permitted to receive training, with approval of the Licensure Specialist, through participation in the following: training sessions, seminars, workshops, or conferences specifically dealing with children or parenting issues that have been approved by the National Association of Social Workers, Mississippi Chapter or the Child Welfare Training Institute (CWTI);

  1. Training provided by a MDCPS Licensure or Adoption Specialist; and
  2. Individual training sessions conducted as part of a home visit.
    The Licensure Specialist has the authority to approve other training events. Foster parents who wish to participate in any other training event must get permission from the Licensure Specialist/ASWS prior to registering for and attending the training event.
  3. Each ongoing training should impart new skills or knowledge necessary to care for the children in the foster parent’s home. The foster parent cannot seek training on the same subject unless new and updated material is being presented.

    Proof of Training.
    Foster Parents are required to provide a certificate and agenda or other proof of completion to the Licensure Specialist within three (3) months of the training. The Licensure Specialist must place documentation of completion of ongoing training hours in the paper file and in MACWIS.
  4. Carryover Hours.
    Foster Parents who exceed the required number of ongoing training hours may roll over up to three (3) training hours to the next year. The Licensure Specialist must document the total number of hours completed and indicate in the paper file and in MACWIS that the family is eligible to roll hours over to the next year.

Authority: Mississippi Department of Child Protection Services

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Adoption, Child Custody, Foster Care, Foster Parent, General Legal, Opinion, Visitation

Foster Parent’s Bill of Rights -FPBOR Part 3

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This is a continuation of the deep dive into Mississippi’s Foster Parent’s Bill of Rights -FPBOR- Part 3 ..

(f) The opportunity to communicate and collaborate, without threat of reprisal, with a department representative when further educational services are needed to ensure the child’s educational needs are met, including services such as an Individualized Educational Plan (IEP), tutoring, occupational therapy, speech therapy and after-school programs;

A foster parent has the right and the obligation to be involved in the education of the foster child. This is the nuts and bolts of educating a young person. From getting them to and from school, events and meetings to addressing tardies, absences, tests, quizzes and programs.

(g) The opportunity to attend all IEP meetings, along with the department worker, at the child’s school as long as the child is in custody and receiving special educational services;

The foster parent should be attending and has the right to attend Individualized Educational Plan (IEP) meetings and helping be a part of the progress and solution. This also means cooperating with the educational goals set by the Agency, school and teachers and NOT supplanting your own independent judgment for that of the School. Issues should be shared with the teacher and agency (social worker) and moved up the food chain if not addressed appropriately.

(h) The opportunity to communicate with the foster child’s guardian ad litem;

The GAL is the investigative arm of the Court and quasi-attorney for the child. They are tasked with interviewing the child, the parents, relatives, and others regarding the reason CPS is involved in the first place. It is NOT unusual for the GAL to not interview foster parents. All of the facts and circumstances giving rise to CPS involvement are not due to anything the foster parent did or did not do. Also, as the plan is almost always reunification in the first instance, the GAL is not too worried with how the licensed, state-approved foster home is doing…however, as a Foster Parent you have the opportunity to communicate and should if its involving the best interests of the child.

(i) The opportunity to attend all youth court hearings involving a foster child occurring while that child is placed in their care without being a party to the youth court action, unless the youth court determines that any foster parent should not be present. Foster parents may attend all youth court hearings and have legal counsel attend and observe with them if the child’s permanent plan is adoption by the foster parents, unless the youth court determines that any foster parent should not be present. Foster parents may communicate with the guardian ad litem in writing at any time. Foster parents may ask to be heard concerning the best interest of the child at any disposition or permanency hearing;

This one is tricky. It states you have the right to attend hearings and then creates caveats. First, the Court (the Judge) has to determine you may or may not attend. This is discretionary. Some judges allow the foster parent to attend and some do not. If are allowed to attend you may have counsel attend with you and OBSERVE. Did you get that? Observe. The FPBOR does not say you may participate and a foster parent is NOT a party.

This mean its possible for you to attend, but you may well not get to ask any questions or really be involved in the hearing. Alternatively, the judge may allow for participation if deemed necessary and in the child’s best interests.

If the permanent plan is adoption the Court is more inclined to allow attendance. Also, if its a disposition hearing or permanency hearing/review a foster parent may ask to be heard. This means you have the opportunity to address the Court. It also means you may be subject to questioning by the Judge, Prosecutor, GAL, parent(s)(or their attorney) and CPS-agency attorneys.

(j) When the dates of the permanency hearing and  permanency review hearing have been set by the youth court, and if necessary to fulfill the notice requirements, the judge or the judge’s designee shall order the clerk of the youth court to issue a summons to the foster parents to appear personally at the hearings as provided by Section 43-21-501;

A summons is a Court-issued document for your required attendance to a hearing for a time and date certain. If summoned there could be consequences if you do not attend.

(k) The opportunity to request from the youth court permission to communicate with the child’s birth family, previous  foster parents of the child, and prospective and finalized adoptive parents of the child, without the threat of reprisal. However, this right creates no obligation of the birth family, previous foster parents, or prospective and finalized adoptive parents to communicate in return;

This allows a foster parent the chance to get information, updates and the like or possibly even provide information. However, no response is required to any inquiry and there is no obligation on any of the above-named positions to do anything at all in response to the communications. This can be quite frustrating as you are merely trying to get an update or provide some helpful information for consideration.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Crime, Foster Care, Foster Parent, General Legal

How to Report CHILD ABUSE.

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We are ALL responsible for reporting suspect child abuse!

Reporting Child Abuse and Neglect

What is to be reported to the Mississippi Department of Child Protection Services?

Any known or suspected child abuse, neglect or sexual abuse, Human Trafficking of minors, infants affected by substance abuse, and child fatalities.

Who is legally required to report child abuse and neglect?

“Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services ….”

Everyone is legally required to report suspected child abuse.

Who is considered to be a child?

A person who has not reached their 18th birthday, or a youth 18 years or older IF currently in CPS Custody.

Reports of abuse and neglect of persons 18 years of age or over are to be referred to the MS Department of Human Services, Adult Protective Services, and law enforcement, if applicable.

Vulnerable Adult Abuse Hotline (844)-437-6282 or visit their website here. 

Who do I call to make a report?

A report may be made to the hotline, 1-800-222-8000, a statewide, toll-free 24-hour line answered seven days a week. 

You may also make a report online through the MDCPS website. Reports of Human Trafficking can also be made to the National Hotline 1-888-373-7888.

If you need to make a report in another state, you can find contact information at Child Welfare Information Gateway by clicking here.

What will I be asked when I call in a report?

The Intake Specialist will ask questions to collect information related to the child’s identity and household members, a full address for the family, and details related to the alleged abuse.  You may be asked questions pertaining to the following.

  • You may be asked to further describe the harm to the child.
  • Your contact information so that the assigned staff responding to the situation will be able to reach you.
  • Whether the abuser is a parent/caregiver
  • If a child has an injury, you will be asked the details about how, when, and where the injury occurred.
  • Any information regarding previous abuse
  • Any other persons who might be able to provide information related to the abuse.   
  • The primary language spoken by the family and whether the family is of Native American heritage.
  • If there are any known dangers for CPS staff visiting the home.
  • The general functioning of family members and whether the children in the home have any specific special needs.   
  • The child’s current location and whether the child is currently being cared for safely by caregivers or whether the child is in imminent threat of harm.
  • Information on relatives or others close to the family who can assist in the child’s safe care or help reduce the threat of future harm to the child.

What happens when I make a report electronically through the agency’s website?

On the online reporting document, you will be asked questions about the victims, caregivers, household members, others who know about the abuse/neglect, and your contact information. 

There will be a place for you to describe the abuse.  The more information provided the better.

If you use the online reporting on the CPS website, you will receive a confirmation number once you have reviewed and submitted your report.  Keep this confirmation number if you ever need it to document your reporting.

Does a reporter have any immunity from liability?

Yes, if the report is made in good faith. Any attorney, physician, dentist, intern, resident, nurse, psychologist, social Worker, family protection Worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor or any other person participating in the making of a required report pursuant to MCA § 43-21-355, participating in the judicial proceeding resulting there from, shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

Do people reporting suspected child abuse or neglect have to identify themselves?

NO. MDCPS does not require a reporter to identify themselves as a condition for reporting suspected child abuse, neglect, or exploitation.  A reporter will be encouraged to leave contact information to allow the assigned staff to contact the reporter for any information which would help assess the report and work with the family.   Insufficient information and the inability to contact the reporter could affect the agency’s ability to intervene for the safety of the child.

MCA. § 43-21-259 requires all records involving children and the contents thereof, including the identity of the reporter, to be kept confidential except as provided in § 43-21-261.

What will happen if you know of the abuse and don’t report it?

Upon being found guilty, the individual shall be punished by a fine not to exceed $5,000, imprisonment in jail not to exceed one year, or both (MCA 43-21-353(7)).

What happens after I make a report?

The information given will be assessed.  Allegations of child abuse or neglect will be forwarded to the corresponding MDCPS staff for a response.  A referral for child abuse prevention services may be utilized when preventive services could reduce the likelihood of future maltreatment.

Source: Mississippi Department of Child Protection Services

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Crime, Foster Care, Foster Parent, General Legal

Red Flags of (Child) Abuse

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An estimated 558,899 children (unique incidents) were victims of abuse and neglect in the U.S. in 2022, the most recent year for which there is national data. That’s 8 children out of every thousand. CDC & National Children’s Alliance.

1. Changes in “normal” or “routine” behavior. Abuse can lead to many changes in behavior. Abused children often appear scared, anxious, depressed, withdrawn or more aggressive.

2. Returning to earlier (reversion) behaviors. Abused children may display behaviors shown at earlier ages, such as thumbsucking, bedwetting, fear of the dark, or fear of strangers. For some children, even loss of acquired language or memory problems may be an issue.

3. Fear of going home. Abused children may express apprehension or anxiety about leaving school or about going places with the person who is abusing them or exhibit an unusual fear of a familiar person or place.

4. Changes in eating (wide swings of overeating or refusing to eat). The stress, fear, and anxiety caused by abuse can lead to changes in a child’s eating behavior, which may result in weight gain or weight loss.

5. Changes in sleeping (seen as trouble sleeping, insomnia). Abused children may have frequent nightmares or have difficulty falling asleep and as a result may appear tired or fatigued.

6. Changes in school performance and attendance. Abused children may have difficulty concentrating in school or have excessive absences, sometimes due to adults trying to hide the child’s injuries from authorities.

7. Lack of personal care or hygiene. Abused and neglected children may appear uncared for. They may present as consistently dirty and have severe body odor, or they may lack sufficient clothing for the weather.

8. Risk-taking behaviors. Young people who are being abused may engage in high-risk activities such as using drugs or alcohol or carrying a weapon.

9. Inappropriate sexual behaviors (mimicking what they’re seeing). Children who have been sexually abused may exhibit overly sexualized behavior or use explicit sexual language and may exhibit symptoms of a genital infection.

10. Unexplained injuries (injuries that don’t make sense). Children who have been physically abused may exhibit unexplained burns or bruises in the shape of objects. You may also hear unconvincing explanations of a child’s injuries.

Source https://www.childsafe-sa.org/resources/know-the-10-signs-of-child-abuse/

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (Child Protection Services) throughout their decades of practice. (NOT all at the same time).

Child Custody, Foster Care, Foster Parent, General Legal, Opinion

Foster Parent Bill of Rights – Explained…2 in a series.

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The Department of Child Protection Services shall extend the following rights to persons who provide foster care and relative care:

First, the Mississippi Department of Child Protection Services is a Mississippi State entity responsible for protection of children and to strengthen families, which includes “standing in the shoes” of parents for just under 4,000 children. CPS is comprised of a “workforce of professionals who directly serve children and families or support of those who do.”

CAPE is the core values of CPS; Compassion, Accountability, Professionalism, and Excellence, goals which CPS strives for…though admittedly may not achieve in every instance.

So, what can Foster Parents expect? The Foster Parent Bill of Rights provides;

(a) A clear understanding of their role while providing care and the roles of the birth parent(s) and the placement agency in respect to the child in care;

This is CRITICALLY important to know and understand on the front end. Typically, the foster parent role is a “calm in the storm” home for a child that has been removed from a parent and did not have a relative home that made sense at the time of the removal. This role is usually temporary, though the timing could vary dramatically, but the goal is almost always reunification.

(b) Respect, consideration, trust and value as a family who is making an important contribution to the agency’s objectives;

Your role as a foster parent is CRITICALLY important and CPS and the State of Mississippi cannot protect children as they deserve without foster parents!

(c) Notification of benchmarks that will be required of the foster parent such as appointments, home visits with department personnel, visitations of the child at school and meetings between department personnel and the child’s family;

You have the right to know what is expected within the role of foster parent. From a child that will need counseling, medical services, educational services, or more, as a foster parent you have an obligation to meet these needs within your abilities. Additionally, this REQUIRES cooperation with the Agency, with the CPS social workers and other employees, even if you have a differing opinion. Also, if the plan is reunification and there are to be visits, your role is to promote, encourage and participate in same.

(d) Advance notice of information regarding scheduled meetings other than meetings where the Department of Child Protection Services personnel or social workers are going to the foster parent’s home for site visits, appointments and court hearings concerning the foster child;

There may be an unannounced visit at your home. This is not a trap. This is CPS doing their job. Additionally, there will be family team meetings, which you may well need to be a part of. These are to determine how things are going, are there issues to address, are there child-related needs that are not being met and more.

(e) The opportunity to communicate with professionals who work with the foster child including therapists, physicians and teachers who work directly with the child;

Communication and sharing of information is CRITICALLY important. But there may be a catch, as a foster parent you may feel the information superhighway is a one-way street! Some information cannot be shared with the foster parent due to court rules and privacy concerns, however this is in limited circumstances. Despite this, as a foster parent you have the right to communicate, provide information and also have an obligation to share information regarding the best interest of the child.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).