Category Archives: Foster Care

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).

Foster Care, Foster Parent, General Legal

What is a FOSTER PARENT?

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Foster Parents are individuals, or married couples, who complete the steps to become licensed to serve as caretakers for foster children. It may also be a misnomer as a foster parent is NOT a parent in the legal sense of the word…

Foster Parents #1 priority should be taking care of the child for the eventual return of the child to his/her parent(s). Foster Parents have to work with birth families. It is possible for Foster parents to adopt ONLY in situations where the parental rights are terminated, or the parents die, and there are not relatives or fictive kin alternatives. This means that reunification with their families is NOT possible. However, ADOPTION must be the plan for this to even be possible. Don’t sign up to be a foster parent if your ultimate goal is adoption. There are a lot of children that you can adopt right now!

Reunification with the natural parent is ALWAYS the preferred result and first priority. Second is placement with a relative or even a “fictive kin.” Once, ALL other alternatives are exhausted, then a Foster Parent adoption is a possibility.

What should you know about Foster Parenting?

The goal for most children in foster care is to be reunited with their parents. Foster families work with birth parents to achieve this goal. The length of time a child will stay with you depends on many factors. It could be for a few days, a few months, or much longer. A year or more is not unheard of. Also, the longer you are fostering does not automatically mean the better the chance of adoption.

Shared Parenting

As a Foster parent you have to be willing to work with the parent and CPS. This practice encourages joint responsibility for caring, nurturing, and decision-making for the same child.  This is the Foster Parent working with CPS & the natural parent(s) for reunification. Shared Parenting promotes an ongoing positive interaction between the natural parents and the foster parents.

How is caring for a foster child different from caring for my own child?

In many ways it is the same. Foster children need to know that you will be there for them no matter what. Foster children may have different experiences than your own children and need an additional level of care. They may need you to teach them new skills, help them cope with new experiences, and support them through the transition of being in foster care.

Additionally, if the plan is reunification or placement with a relative, the foster parents obligation is to support this goal, regardless of their personal feelings…

Will you be “rescuing” a child from an abusive or neglectful parent?

Yes and no. You will be a safe haven for the child. However their reaction may not be what you expect.

Many people may believe the child will be grateful and relieved to be out of their home situation. This is not often the case. The child’s situation may be normal to him/her, and being separated from family can be traumatic and stressful. Children need time to establish trust.

Are there children who have been neglected or physically, sexually, or mentally abused?

Yes. UNFORTUNATELY, this happens. These children can be impulsive, angry, resentful, and sad. They may act out and even take it out on their foster parent. The agency provides training to help foster parents work with these situations. Are you able to help teach children alternative ways to cope with stress while not taking their words and actions personally? The trauma of removal occurs even when the child is removed from a bad situation.

Foster Parent online application links:

Foster Parent Application (Single) – Complete this form if you are single. You will need to provide your name and an email address to sign your completed application.
  
  
Foster Parent Application (Married) – Complete this application if you are married. Both individuals will need to sign the application. A different email address is necessary for each individual. After the first individual signs the completed form, an email will be sent to the second individual requesting a signature to complete the form.

The role of a foster parent is critically important, but it is also critically important that your motives in serving in this role align with the goal of the agency, the goal of the natural parents and serving the best interest of the child…even over your own interests.

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). This the tip of the iceberg of what a foster parent is, does and needs to know…

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).

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

What is CHILD ABUSE? CHILD NEGELCT?

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“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!

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).