SB 2191 — Mississippi Foster Parent's Bill of Rights and Responsibilities; create.

Judiciary, Division A McCaughn, England, Thompson, Williams, Michel, McLendon, Parks, Parker, Hickman COMMITTEE SUBSTITUTE FOR SENATE BILL NO.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ G1/2 23/SS26/R41623/SS36/R416CS.1 PAGE 1 (cap\tb) (2) The Department of Child Protection Services shall establish a foster care placement program for children whose custody lies with the department, with the following objectives:

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 2(cap\tb)2 placement with a relative or fictive kin pending youth court action on the case.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 3(cap\tb)3 fictive kin placement, or foster care review once every six (6) months after the child's initial forty-eight-hour shelter hearing.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 4(cap\tb)4 human trafficking.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 5(cap\tb)5 prescribed in Section 43-21-603(7)(c), the child's natural parent(s) will have a reasonable time to be determined by the court, which shall not exceed a six-month period of time, in which to meet the service agreement with the department for the benefit of the child unless the department has documented extraordinary and compelling reasons for extending the time period in the best interest of the child.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 6(cap\tb)6 (5) The foster care review once every six (6) months shall be conducted by the youth court or its designee(s), and/or by personnel within the Department of Child Protection Services or by a designee or designees of the department and may include others appointed by the department, and the review shall include at a minimum an evaluation of the child based on the following:

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 7(cap\tb)7 Each child's review plan once every six (6) months shall be filed with the court which awarded custody and shall be made available to natural parents or foster parents upon approval of the court.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 8(cap\tb)8 care parents before or within ninety (90) days after child placement with the parent.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 9(cap\tb)9 (b) The court may waive foster care training for a relative only when appropriate.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 10(cap\tb)10 that if reunification fails or is delayed, the placement made is the best available placement to provide a permanent living arrangement for the child.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 11(cap\tb)11 or where the court orders placement of the child under Section 43-21-303, the foster parents, grandparents or other relatives of the child shall be given an opportunity to contest the specific reasons documented by the department at least seventy-two (72) hours before any such departure, and the court may conduct a review of that placement unless the new placement is in an adoptive home or other permanent placement.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 12(cap\tb)12 (11) Subsections (12) and (13) of this section shall be known and may be cited as the "Mississippi Foster Parent's Bill of Rights and Responsibilities." ( * * *12) The Department of Child Protection Services shall extend the following rights to persons who provide foster care and relative care:

(d) Advance notice of information regarding scheduled meetings,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;

(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 S.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 13(cap\tb)13 (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;

(k) The opportunity to request permission to communicate with the child's birth family, previous foster parents of the child, and prospective and finalized adoptive parents of theS. child, without the threat of reprisal.

However, this right creates no obligation of the birth family, previous foster S.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 14(cap\tb)14 parents,the orchild, prospectivewithout andthe finalizedthreat adoptiveof parentsreprisal. to communicate in return;

However, this right creates no obligation of the birth family, previous foster parents, or prospective and finalized adoptive parents to communicate in return;

(m) The opportunity to planparticipate in the planning of visitations between the child and the child's siblings and other biological family members.

(n) The ability to communicate with andepartment administrativepersonnel staffor personrepresentatives representing the department twenty-four (24) hours a day, seven (7) days a week, for the purpose of aiding the foster parent;

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

S.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 15(cap\tb)15 (providers, *respite *workers *p)in Support from the familyarea, protectionday workercares, or the family protection specialist in efforts to do a better day-to-day job in caring for the child and inmethods working to achieve the agency's objectives for thesubmitting childreimbursements; and the birth family through provision of:

( * * *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:

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.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 16(cap\tb)16 ( * * *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;

( * * *t) AnInformation explanationrelated ofto all costs eligible for reimbursement, including:

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 17(cap\tb)17 ( * * *ii) Reimbursement for property damages caused by children in the custody of the Department of Child Protection Services in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 PAGE 18(cap\tb)18 (g) Understanding that all information shared with the persons who provide foster care or relative care about the child and his/her birth parent(s) must be held in the strictest of confidence;

(14) The department shall develop a grievance procedure for foster parents to raise any complaints or concerns regarding any provision of the Mississippi Foster Parent's Bill of Rights and Responsibilities.

(15) Nothing in this section shall be construed to create a private right of action or claim on the part of any individual, the department, or any child-placing agency.

SECTIONS. 3.

B.

No.

2191 *SS36/R416CS.1* ~ OFFICIAL ~ 23/SS36/R416CS.1 PAGE 19 SECTION 3.

2191 *SS26/R416**SS36/R416CS.1* ~ OFFICIAL ~ 23/SS26/R41623/SS36/R416CS.1 ST:

Mississippi Foster Parent's Bill of Rights PAGE 19(cap\tb)20 and Responsibilities;