Category Archives: Child Custody

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

Foster Parent’s Bill of Rights -FPBOR Part 3

02/26/2025 BowTieLawyer Leave a comment

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.

02/25/2025 BowTieLawyer Leave a comment

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

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

Red Flags of (Child) Abuse

02/21/2025 BowTieLawyer Leave a comment

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.

02/19/2025 BowTieLawyer Leave a comment

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.

Child Custody, Crime, Foster Care, Foster Parent, Opinion

What is CHILD ABUSE? CHILD NEGELCT?

02/18/2025 BowTieLawyer Leave a comment

“Abused child” means a child whose parent, …caused or allowed … sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, non-accidental physical injury or other maltreatment to occur.

Legal Definitions – Miss. Code Ann. Sec. 43-21-105:

“Neglected child” means a child:
(i) Whose parent… or any person responsible for his care…neglects or refuses, when able to provide necessary care or support, including education (as required by law), medical, surgical, or other care necessary for well-being.

However, a 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…
(ii) Who is otherwise without proper care, custody, supervision or support; or
(iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or
(iv) Who, for any reason, lacks the care necessary for his health, morals or well-being.
- The “when able” provision limits the application of neglect when the parent does not have the ability to provide necessities, think sever poverty issues. In that instance it is not willful neglect.
“Abused child” means a child whose parent…has caused or allowed sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, non-accidental physical injury or other maltreatment.
However, 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.
“Abused child” also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act.
“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.
“Any person responsible for care or support” means the person who is providing for the child at a given time. This term includes stepparents, foster parents, relatives, non-licensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes.
“Commercial sexual exploitation” means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
Abuse and neglect are preventable and/or treatable circumstances if We all Look out for one another. If you see something, say something!

Child Custody, General Legal, Opinion

“Paramount” Physical Custody – we know what it means, but does it “Exist” ??

02/07/2025 BowTieLawyer Leave a comment

I wrote about the weird Custody Bill from this session and it is still alive.

The irony is it’s only triggered when a court awards “paramount” custody to one parent over the other. “Paramount” custody does not legally exist, not in Mississippi Statutory Code.

Paramount is not a commonly used term in custody agreements and does not appear often in reported or appealed cases.

I know a judge who will ignore this law completely as he does not award “paramount” physical custody.

I get the intent of the law, but execution will be misapplied, not applied or create unintended consequences…as words matter in the law.

You can read about the correct words regarding custody here.

Matthew Thompson is a child custody attorney in Mississippi.

Child Custody, Divorce, Opinion, Visitation

True Joint Custody Bill Proposed…UPDATE, it’s DEAD

02/04/2025 BowTieLawyer Leave a comment

Mississippi Courts have not historically favored Joint Custody. A new Bill would require a presumption of Joint Custody is best for a child, that would have to be overcome if a parent doesn’t agree…

Senate Bill 2484 seeks to amend the current custody statute 93-5-24, as follows: “

(2) * * * (a) (i) There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court does not grant joint custody and/or equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.
(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.
(b) Upon petition of both parents, the court may grant
legal and/or physical custody to one (1) parent.”

This is an interesting Bill and in theory how Custody determinations should begin anyway. However, it goes further than current law in creating a rebuttable presumption and then requiring documenting the reasons for deviating from the presumption if the court does not grant joint physical custody and/or equally shared parenting time.

Read more about the current law and Physical Custody here.

How NOT to do supervised visitation.

02/03/2025 BowTieLawyer Leave a comment

Supervised visitation is Ordered in rare circumstances.

It is typically when the parent has had significant issues with illegal substances, run-ins with law enforcement, severe defiance of prior Orders, mental health issues or present as a danger to the child. (Or a combo of the above)

These parents, of course, have the right to see their child, but the Court’s obligation is to make sure that the child is safe, at all times.

Below is what NOT to do…

https://www.dailymail.co.uk/news/article-7827765/California-surgeon-arrested-trying-kidnap-son-12.html