MDCPS | (601) 850-8000 – – BowTieLawyer.MS

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).

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.

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