Hurricane Katrina: Legal Issues - Columbus School of Law

Child Welfare, Foster Care and Youth Court Information
How do I find provisions of the Mississippi Code related to child welfare?
The Mississippi Code is available online at http://www.sos.state.ms.us/pubs/MSCode/. This version is searchable by
keyword. Chapter 15 on Child Welfare can be found under Title 43 on Public Welfare.
Who administers and supervises public child welfare services?
The Department of Human Services (DHS). The phone number for the Department of Human Services is (601) 359-
4500 or 1-800-345-6347. Their website is at: http://www.mdhs.state.ms.us/.
What powers do Mississippi counties have over child welfare services?
The county department of public welfare can provide protective services, assume responsibility for the care of
dependent children away from the home who are in need of public care, place dependent children or those without
proper care in homes and institutions, and serve as a custodian or guardian through an employee when appointed as
provided by law.
How can I find a list of children who are in the custody of the State or agencies licensed by the State?
The State is required by law to maintain a registry of children in custody and their status. The phone number for the
Department of Human Services is (601) 359-4500 or 1-800-345-6347.
Does Mississippi have a baby drop-off law?
Yes. A parent may drop off a baby to an emergency medical services provider if the baby is 72 hours old or less.
Dropping a child off in such a manner is an absolute affirmative defense to child abandonment. An emergency
medical services provider means a licensed hospital that operates an emergency department or an adoption agency
licensed by the Department of Human Services.
Can children be voluntarily placed in child care?
Yes, children can be placed in foster care voluntarily as well as by being adjudged as abused, neglected, or
abandoned. One of the goals of the administration of the foster care system listed in Mississippi Code § 43-15-
13(2)(f) is “assuring safe and adequate care of children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.” However the parents of a child placed after July 1, 1998, even a
child placed in foster care voluntarily, will only be given up to 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. If this agreement has not been
satisfactorily met, simultaneously the child will be referred to the appropriate court for termination of parental rights
and placement in a permanent relative's home, adoptive home or a foster/adoptive home. Mississippi Code §43-15-
13(4).
What about children classified as destitute or abandoned?
For children who have been abandoned pursuant to the provisions of Section 97-5-1, termination of parental rights
shall be initiated within thirty (30) days and placement in an adoptive home shall be initiated without necessity for
placement in a foster home. Mississippi Code §43-15-13(4). However this classification is criminal abandonment of a
child and the provisions of §97-5-1 require intent on the part of the legal guardian to abandon the child.