Mississippi Administrative Code
Title 18 - HUMAN SERVICES
Part 7 - Division of Family & Children Services Licensing Requirements
Chapter 1 - Licensing Requirements Manual for Residential Child Caring and Child Placing Agencies
Section 18-7-1-IX - REQUIREMENTS FOR EMERGENCY SHELTER CARE FACILITIES

Universal Citation: MS Code of Rules 18-7-1-IX

Current through September 24, 2024

The requirements for Residential/Group Home which pertain to the care of children prescribed under other sections of this document shall be followed. In addition, there shall be compliance with the following specific requirements for emergency shelter care facilities.

A. Admission and Planning:

1. The shelter care agency shall develop, with the Department, a plan for the temporary care of the children including the anticipated length of stay.

2. Children under ten (10) years of age shall not be placed in a congregate care setting (including group residential homes and shelters), unless the child has exceptional needs that cannot be met in another placement or the child is a member of a sibling group and express written approval is granted by the Department's Regional Director or designee. Sibling groups with one or more siblings under ten (10) years of age shall not remain in congregate care settings for more than forty-five (45) days.

3. For children who stay more than three (3) days, the shelter care facility shall cooperate with the Department in assessing the needs of the child. A plan based on the child's needs shall include the specific services to be provided by the shelter care facility and other resources required to meet the needs of the child.

4. For children who remain in care for twenty-one (21) days, an assessment shall be made to facilitate the permanent plan. The plan shall include reasons for continued care or other care and plans to eliminate barriers. Copies of the plan shall be maintained at the shelter facility as well as given to the Department.

5. The shelter care facility shall be open twenty-four (24) hours, seven (7) days per week, including holidays, for admission, except when operating at licensed capacity.

6. The shelter care facility shall write a summary report of the care received by the child including any recommendations regarding the child and parent(s). This report shall be sent to the Department when the child leaves the shelter.

7. No child shall remain in an emergency or temporary facility for more than forty-five (45) calendar days unless there are exceptional circumstances and the DFCS Division Director has granted express written approval and documented the need for the extension. The shelter director shall notify the county of responsibility of discharge (14) fourteen calendar days prior to the forty-five (45) days.

8. No child shall be placed in more than one emergency or temporary facility within one episode of foster care, unless an immediate placement is necessary to protect the safety of the child or others as certified in writing by the Regional Director.

9. Placement decisions shall not be made based race, color, or national origin.

B. Staffing Requirements:

1. The shelter care facility shall have at least two (2) staff members on duty at all times.

2. One (1) direct care staff to six (6) children when children are present and awake and one (1) direct care staff to ten (10) children when children are asleep. At least one (1) staff shall remain awake at all times.

3. The agency shall have at least one (1) social worker or comparable professional for every twelve (12) children that are in care (i.e. one (1) social worker for one (1) to twelve (12) children; two (2) social workers for thirteen (13) to twenty-four (24) children). This staff must work full time (full time is forty (40) hours per week).

C. Health Services:

1. Any child who needs immediate medical treatment shall be referred to a licensed physician for examination and appropriate treatment shall be provided immediately.

2. The Department must be notified immediately when a child is referred for emergency medical treatment or any other serious incident.

D. Licensed Capacity:

The license capacity may be temporarily exceeded in shelter care facilities in order to serve children in emergency situations, provided the proper staff/child ratio is maintained and the total does not exceed the number of beds available.

E. Separation of Living Groups:

When shelter care is offered as one part of the program of a child care facility, a separate cottage or wing of a dormitory shall be used exclusively for shelter care. Ongoing contact with the children in regular group care is prohibited.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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