If a Mississippi grandmother takes in her grandchild without going through CPS, can she get state supportive services payments under Section 43-15-17?
Plain-English summary
Chancellor Margaret Alfonso of the Eighth Chancery District presides over guardianship clinics where indigent relatives ask for custody orders to enroll a child they are caring for in school or to get medical treatment. The relatives often live on Social Security alone. The chancellor asked: do these relatives qualify for supportive services payments under Section 43-15-17 if the child has not been in CPS custody and CPS has not placed the child with them?
The AG said no. Section 43-15-17 has three subsections:
- (1) gives CPS general authorization to make supportive services payments "to facilitate either the return of children to their natural parents or their adoption."
- (2) governs foster care payments: monthly payments for room and board, clothing, allowance, and personal needs for children CPS placed in foster care. Foster parents must be licensed and complete training.
- (3) governs kinship care: monthly payments to a relative caring for a child "placed by the Department of Child Protection Services" with the relative. The relative must comply with foster care training unless exempt under Section 43-15-13(6)(b)(i). Payments require legislative appropriation.
Both subsections (2) and (3) limit payments to CPS placements. So a child who has never been in CPS custody, never been placed with the relative by CPS, does not generate eligibility under Section 43-15-17.
The relative still has options to get a custody order through chancery (which is what the guardianship clinic provides). That order lets the relative enroll the child in school and get medical care. But the financial supportive services from the state's child welfare program flow through the CPS pathway, not through private chancery actions.
The AG noted that Section 43-15-17 was amended by H.B. 1387 of the 2025 Regular Session, effective July 1, 2025. The amendments included modernization of the kinship-care provisions but did not change the CPS-placement requirement.
Section 43-15-13(6)(b)(i) lets the youth court waive foster care training for an appropriate relative placement. But Section 43-15-13(6)(b)(ii) bars a training-exempt relative from receiving "board payments, foster care payments, kinship care payments, therapeutic care payments, or any other monthly payments from the department to assist in the care of the child." So the training-waiver path comes with a payments trade-off.
What this means for you
For grandparents and other relatives caring for a child
If you are caring for a relative's child without CPS involvement, Section 43-15-17 supportive services payments are not available to you. Your options:
- Get the custody order from chancery court (a guardianship clinic can help). That gets you school enrollment and medical decision authority.
- Pursue federal benefits the child may qualify for (TANF child-only grants, SSI for the child, etc.). These flow through the Mississippi Department of Human Services or the Social Security Administration, not through CPS.
- If the child is or becomes a CPS-involved case (abuse, neglect, abandonment of biological parents), and CPS places the child with you, the kinship care payments under Section 43-15-17(3) become available with foster care training compliance.
For chancellors running guardianship clinics
Set the right expectations with families upfront. The custody order from chancery solves the school enrollment and medical authority problems. It does not unlock CPS supportive services payments. If you suspect abuse, neglect, or abandonment in the underlying family situation, refer to CPS for a placement evaluation. Once CPS places the child with the relative, the financial pathway opens up.
For CPS caseworkers
When working with relatives, document placements as CPS placements. If a child is in a relative's home through a non-CPS chancery order, that is a different track and not eligible for kinship care payments. If CPS later places a child with a relative, document the placement, the foster care training (or waiver under Section 43-15-13(6)(b)(i)), and process the monthly payments under Section 43-15-17(3).
For family law attorneys
When a client comes in with a kinship care situation, ask about CPS involvement. If there is none, the chancery guardianship route is the right legal mechanism for school and medical authority, but the client should not expect monthly state payments. If CPS could be involved (allegations of neglect or abandonment), counsel about the trade-off: CPS placement triggers payments but also CPS oversight and training requirements.
For legal aid and child welfare advocates
This opinion clarifies a recurring access-to-services question. Indigent relatives who shoulder care of a relative's child without state assistance are not getting paid through Section 43-15-17 unless the placement runs through CPS. Connect families to TANF child-only grants, SSI eligibility evaluations, and other benefits that do not require CPS placement.
For state legislators
If the policy goal is to support relative caregivers regardless of CPS involvement, Section 43-15-17 currently does not do that. The 2025 amendment did not extend payments to non-CPS kinship care. A future amendment could.
Common questions
Can I get monthly payments from the state for a grandchild I am raising?
Under Section 43-15-17, only if CPS placed the child with you. Without a CPS placement, the answer is no. Other federal programs (TANF child-only, SSI, food stamps) may apply through different agencies.
What does "placed by CPS" mean?
A formal placement decision by the Department of Child Protection Services after taking the child into custody (with or without a court order, depending on the circumstances), and assigning the child to your home. A private chancery guardianship initiated by the relative is not a CPS placement.
Can I get a custody order without going through CPS?
Yes, through chancery court. Many counties run guardianship clinics for this purpose. The order solves immediate practical problems (school, medical care) but does not bring CPS funding.
Do I have to complete foster care training to get kinship care payments?
Yes, generally. The training requirement applies to kinship care under Section 43-15-17(3). The youth court can waive the training under Section 43-15-13(6)(b)(i), but Section 43-15-13(6)(b)(ii) says a training-exempt relative is not eligible for monthly payments.
Can I receive payments after the court relinquishes legal custody to me?
Yes, under Section 43-15-17(3), but only if you have complied with foster care training requirements.
What did House Bill 1387 (2025) change?
It amended Section 43-15-17 effective July 1, 2025. The amendments updated kinship care provisions but did not change the CPS-placement requirement that limits eligibility.
Background and statutory framework
Section 43-15-17(1) gives CPS general supportive services authority "to facilitate either the return of children to their natural parents or their adoption, depending upon and contingent upon the availability of the Department of Child Protection Services securing or having sufficient funds."
Section 43-15-17(2) governs foster care:
For those children placed in foster care by Child Protection Services, the department shall make monthly payments for the support of these children's room and board, clothing, allowance and personal needs.
Foster parents must be licensed and complete training.
Section 43-15-17(3) governs kinship care:
For a child placed by the Department of Child Protection Services in the care of any adult related by blood, marriage, or adoption within the third degree or who makes up the family support system of the child, including adults related beyond the third degrees, godparents, friends of the family, or other adults who have a strong familial bond with the child, unless a child is placed in the care of a relative who is exempt from foster care training requirements, the department shall make monthly payments to defray the relative's expense of furnishing room and board.
The statute specifies that payments may continue after CPS relinquishes legal custody if the relative has complied with foster care training requirements. Payments are subject to legislative appropriation.
Section 43-15-13(6)(b)(i) lets the youth court waive foster care training "for an appropriate relative placement." Section 43-15-13(6)(b)(ii) bars a training-exempt relative from receiving "board payments, foster care payments, kinship care payments, therapeutic care payments, or any other monthly payments from the department to assist in the care of the child."
H.B. 1387 of the 2025 Regular Session amended Section 43-15-17 effective July 1, 2025.
Citations
- Miss. Code Ann. § 43-15-13(6)(b)(i) (youth court waiver of foster care training for relative placement)
- Miss. Code Ann. § 43-15-13(6)(b)(ii) (training-exempt relative not eligible for monthly payments)
- Miss. Code Ann. § 43-15-17 (authorized supportive services payments)
- Miss. Code Ann. § 43-15-17(1) (CPS general authorization for supportive services)
- Miss. Code Ann. § 43-15-17(2) (foster care monthly payments and training requirements)
- Miss. Code Ann. § 43-15-17(3) (kinship care monthly payments to CPS-placed relatives)
- 2025 Miss. House Bill No. 1387 (amendments effective July 1, 2025)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/07/M.-Alfonso-July-11-2025-Mississippi-Code-Annotated-Section-43-15-17.pdf
Original opinion text
July 11, 2025
The Honorable Margaret Alfonso
Chancery Court Judge, Eighth District
Post Office Box 1446
Gulfport, Mississippi 39502
Re:
Mississippi Code Annotated Section 43-15-17
Dear Chancellor Alfonso:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, you preside over guardianship clinics, which are held to assist indigent
relatives obtain custody orders for children in their care. These orders are necessary to enroll a
child in school or obtain medical treatment for a child. Frequently, the only source of income for
relatives is Social Security.
Questions Presented
1. Would supportive services payments be available to indigent relatives with a child in their care
if the child has not been in Child Protection Services ("CPS") custody and has not been placed
with the relative by Youth Court or CPS?
2. Are supportive services payments only available if a child has been in CPS custody, the
placement is granted durable legal custody, and the relative has complied with foster care
training requirements?
Brief Response
1. Supportive services payments, as provided for in Mississippi Code Annotated Section 43-15-17, are not available to indigent relatives with a child in their care if the child has not been
placed with the relative by CPS.
- Please see response to question one. To receive supportive services payments from CPS, a
child must be placed in the individual's home by CPS, and the individual accepting the
placement must complete foster care training requirements.
Applicable Law and Discussion
Section 43-15-17 addresses authorized supportive services payments and provides in part:
(1) The Department of Child Protection Services is authorized to make such
payments as may be appropriate for supportive services to facilitate either the return
of children to their natural parents or their adoption, depending upon and contingent
upon the availability of the Department of Child Protection Services securing or
having sufficient funds to render this supportive service. . . .
(2) For those children placed in foster care by Child Protection Services, the
department shall make monthly payments for the support of these children's room
and board, clothing, allowance and personal needs. . . . [I]n order for foster parents
to receive the monthly payments authorized under this subsection (2), the
Department of Child Protection Services shall require foster care placements to be
licensed as foster care homes and shall require prospective foster parents to
satisfactorily complete an appropriate training program that emphasizes the goal of
the foster care program to provide stable foster placement until a permanency
outcome is achieved.
(3) For a child placed by the Department of Child Protection Services in the care
of any adult related by blood, marriage, or adoption within the third degree or who
makes up the family support system of the child, including adults related beyond the
third degrees, godparents, friends of the family, or other adults who have a strong
familial bond with the child, unless a child is placed in the care of a relative who is
exempt from foster care training requirements, the department shall make monthly
payments to defray the relative's expense of furnishing room and board. . . . The
department may continue to make those payments to the relative after the
department relinquishes legal custody of the child to the relative if the relative has
complied with foster care training requirements. Any such payments for relative
care shall be subject to specific appropriation therefor by the Legislature.
(emphasis added).[1]
You ask if supportive services payments would be available to indigent relatives with a child in
their care if the child has not been in CPS custody and has not been placed with the relative by
Youth Court or CPS. Section 43-15-17(1) provides CPS with general authorization to make
payments as "appropriate for supportive services to facilitate either the return of children to their
natural parents or their adoption." Subsections (2) and (3) break down the duties of CPS and the
requirements for those individuals receiving supportive services payments when taking in a child
through foster or kinship care. As shown, both Subsections (2) (foster care) and (3) (kinship care)
limit the application of such payments to CPS placements. Accordingly, it is the opinion of this
office that supportive services payments as provided for in Section 43-15-17 are not available to
indigent relatives with a child in their care if the child has not been placed with the relative by
CPS.
You next ask if supportive services payments are only available if a child has been in CPS custody,
the placement is granted durable legal custody, and the relative has complied with foster care
training requirements. As stated supra, to receive supportive services payments from CPS, a child
must be placed in an individual's home by CPS. Miss. Code Ann. § 43-15-17(2)-(3). Further, the
individual accepting the placement must complete foster care training requirements. Miss. Code
Ann. § 43-15-17(2). CPS is not required to make supportive services payments to relatives under
Section 43-15-17(3) when "a child is placed in the care of a relative who is exempt from foster
care training requirements."[2] Finally, Section 43-15-17(3) provides that relatives may receive
supportive services payments both before and "after the department relinquishes legal custody of
the child to the relative if the relative has complied with foster care training requirements."
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:
/s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General
[1] Section 43-15-17 was amended by House Bill No. 1387 of the 2025 Regular Legislative Session. These
amendments became effective July 1, 2025.
[2] See Miss. Code Ann. § 43-15-13(6)(b)(i) ("The court may waive foster care training for an appropriate
relative placement.") and (6)(b)(ii) ("A relative exempted from foster care training is not eligible for board payments,
foster care payments, kinship care payments, therapeutic care payments, or any other monthly payments from the
department to assist in the care of the child.").