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.
(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).
(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).
This proposal sought to make it a crime in Mississippi “for a person to discharge genetic materials without the intent to fertilize an embryo”
The penalties were monetary fines…
Blackmon stated that his Bill was intended to bring attention towards, “…the vast majority of bills relating to contraception and/or abortion focus on the woman’s role when men are fifty percent of the equation. This bill highlights that fact and brings the man’s role into the conversation. People can get up in arms and call it absurd but I can’t say that bothers me.”
While this Bill went limp in committee in Mississippi it saw a second round of life as it was recently brought up in Ohio!
Anita Somani, Ohio State Representative, an OB/GYN, admits she knows how ludicrous her bill sounds. The “Conception Begins at Erection” Act seeks to make it a crime for a man to ejaculate without the intention of reproducing.
Somani reports “It’s gotten more attention than any other bill I’ve introduced since becoming a state representative.‘ Her rationale is to finally address “the inequity in reproductive bills, most of which have targeted women and their health care providers.”
The scuttlebutt on the street is that Somani’s Bill, akin to its Mississippi cousin, will be a failure to launch.
Matthew Thompson is a family law attorney in Mississippi and supports procreation!
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.
(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).
“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).
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.
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