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-XII - REQUIREMENTS FOR ADOPTION SERVICES

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

Current through September 24, 2024

The goal of adoption is to provide the child, in the absence of care and nurture by his birth family, with a family with whom he/she may develop his/her own personal identity and a new family identity. It is imperative that the child and the prospective adoptive family have the potential for compatibility. (MS Code § 93-17-1 and § 93-17-223 See Appendix)

A. Administrative Practices:

1. The agency shall establish administrative policies, practices and procedures related to adoption. These shall be clearly defined and explained.

2. The agency shall establish guidelines to include criminal background checks for the use of interim placements should it become necessary to do so prior to placing the child with the adoptive parents. In such circumstances the child must be in the custody of the agency.

3. A decision on an application to adopt shall be based on a home study which shall include interviews with applicants and references, as well as medical and legal information.

4. Placement for adoption shall be made in accordance with best practices for children whose parent's rights have been terminated.

5. The agency shall ensure that the inability of prospective adoptive parents to pay a fee shall not be criteria of eligibility for applicants and shall not in any way influence the choice of the most suitable family for each child.

6. A licensed child placing agency shall not conduct or approve a home study on any of its employees or officials which includes board members, volunteers, relatives, or anyone else who has direct affiliation with the agency. Arrangements must be made with another licensed child placing agency or licensed social worker to conduct and approve the home study, make a placement and provide post-placement supervision.

7. Home studies must be approved by a licensed social worker.

B. Adoptive Home Application:

1. The agency shall obtain preliminary written information from the prospective adoptive parents to determine if the applicant(s) are a potential resource for the child/children available.

2. The agency shall provide information to the prospective adoptive parent(s) regarding the adoption process, the agency's policies and practices, legal procedures, fees, the approximate time the process will take and types of children available. This information will enable the applicant(s) to make an informed decision as to whether they can meet the specific needs of the children available for adoption.

C. Adoptive Parent Qualifications:

1. The prospective parent shall meet the following criteria:
a. The applicant(s) shall be at least twenty-one (21) years old at the time of the application.

b. The applicant can be single or married.

c. Applicant(s) previously divorced shall provide documentation of same.

d. Applicant(s) shall be financially solvent and shall have an adequate household income exclusive of the foster care board payment.

e. Applicant(s) must be a resident of Mississippi for six (6) months.

f. Verification of medical exam completed by a physician certifying each family member has no communicable diseases, specific illnesses, or disabilities which would interfere with the family's ability to care for children.

D. Adoptive Home Study:

1. The agency shall conduct an adoptive home study to assess the appropriateness of the applicant(s) to be adoptive parent(s). The home study process shall include at least one office visit, one home visit and individual interviews with each member of the household. The home study process shall be a joint effort of the Agency and the applicant(s).

2. The agency shall include the following areas in the home study and shall include the information in the record of the adoptive applicant(s):
a. Motivation for adoption

b. Verification of training

c. Strengths and weaknesses of each member of the household

d. The attitudes and feelings of the immediate and extended family, as well as significant others, toward accepting and parenting adoptive children

e. Attitudes of the applicant(s) toward the birth parent(s) and the reason(s) the child is in need of adoption

f. The plan for discussing adoption with children of applicant(s)

g. The plan for discussing adoption with prospective adopted child

h. Emotional stability and maturity

i. Ability to cope with problems, stress, frustrations, crises, and loss

j. Capacity to give and receive affection

k. Child caring skills and willingness to acquire additional skills needed for the child's development

l. Ability to provide for the child's physical and emotional needs

m. Verification of marriage(s)/divorce(s)

n. Record of criminal convictions

o. Criminal background, Central Registry check, and fingerprinting of all household members age 14 years and older

p. Adjustment of birth children or previously adopted children

q. Verification from a physician that each family member has no communicable diseases, specific illnesses or disabilities, which would interfere with the family's capability to care for a child

r. Ability to provide financially for the child or children to be adopted; (a detailed description of the finances of the prospective adoptive parent (s) including but not limited to income, debts, expenses, medical insurance and life insurance)

s. Verification of employment and/or income

t. Four personal references, including one from employer

u. Religious orientation, if any

v. Location and physical environment of the home

w. Plan for child care if parent(s) works

x. Recommendations for adoption in regard to number, age, sex, characteristics, and special needs of children best served by the family

y. History of the origin, educational background and life experiences of applicant(s)

z. Contingency plan for adopted child in case of death or disability of adoptive parent(s).

E. Services to Adoptive Parent(s):

1. The agency shall provide services to adoptive applicant(s) to assist them in making an informed decision about adoption. The agency shall provide the opportunity for applicant(s) to participate in the adoptive study and evaluation of the potential for meeting the needs of the children available for adoption.

2. The agency shall prepare the adoptive family for the placement of a particular child. Preparation shall include:
a. Information about the needs, characteristics, expectations of the child and of the child's family

b. Review of medical histories of the child and of the child's family

c. Visitation with the child prior to placement

d. Arrange visits

e. Assistance with travel arrangements.

3. The agency worker shall provide post-placement visits for the adoptive parents in domestic adoptions. The post-placement adoption visits shall be held at least two (2) times, face-to-face in the home prior to finalization and based on the needs of the child and prospective parent(s). International post-placement adoption visits are based on the originating country of the child. Observations made during the visits shall be used in making recommendations for the finalization of the adoption.

4. The agency shall provide information regarding the methods for matching children with adoptive parents.

F. Services to Birth Parent(s):

1. The agency shall provide services to the birth parent(s), including counseling and referral to other agencies when needed, to assist them in determining the best plan of care for the child. These services shall be offered both prior to and after the birth of the child. Documentation regarding services provided by the agency to the parents shall be maintained by the agency.

2. The child placing-agency shall maintain a file for the birth parent(s) which includes:
a. Face sheet

b. Application

c. Legal documents, Adoption Release Consent Form and order regarding surrender of rights

d. Summary of contact

e. Birth child's birth certificate, pictures, medical records and placement visits summary until the adoption has been finalized

f. Correspondence.

3. The Adoption Services shall provide information to the birth mother of possible crime of statutory rape as defined in the Mississippi Code Section 97-3-65 (See Appendix).

G. Foster to Adopt:

Prospective adoptive parents desiring to adopt through foster care shall refer to the Mississippi Department of Human Services Resource Family/Licensure Policy.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.