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Regulation No. Forms 1. To promote efficiency in processing placements pursuant to the Interstate Compact on the Placement of Children ICPC and to facilitate communication among sending agencies, states and other concerned persons, the forms promulgated by the compact administrators, acting jointly, shall be used by all sending agencies, sending and receiving states, and others participating in the arranging, making, processing and supervision of placements.
ICPC forms shall be uniform as to format and substance, and each state shall make available a reference to where its forms may be obtained by the public. The mandatory forms currently in effect are described below.
These forms shall be reproduced in sufficient supply by each of the states to meet its needs and the needs of persons and agencies required to use them. Words and phrases used in this regulation have the same meanings as in the Compact, unless the context clearly requires another meaning. This regulation is adopted pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting of April 29 through May 2, ; the regulation, as amended, was approved May 2, , and is effective as of July 2, Intent: This Regulation addresses the request for approval for placement of a child in an approved placement resource in the receiving state where the sending state has already approved the placement in the sending state and the resource now desires to move to the receiving state.
The intent of Regulation 1 is to ensure that an already safe and stable placement made by a sending agency in the sending state will continue if the child is relocated to the receiving state.
Additionally, it is the intent of this Regulation for supervision of the placement to be uninterrupted, for the family to comply with the requirements of the receiving state, and for both states to comply with all applicable state and federal laws, rules and regulations.
Applicability to Relocation: This Regulation shall apply to relocation of a child and the placement resource where supervision is ongoing. A request for a home study solely for the purpose of a periodic assessment of the placement where there is no on-going supervision shall not be governed by this regulation and shall be a matter of courtesy between the states. Nothing shall prohibit a sending state from contracting privately for a periodic assessment of the placement.
Applicability to Temporary Relocation: If a child is brought into the receiving state by an approved placement resource for a period of ninety 90 days or less and remains with the approved placement resource, approval of the receiving state is not required. Either the sending or receiving state may request approval of the placement, and, if the request is made, the sending and receiving states shall take the necessary action to process the request if the sending and receiving states agree to do so.
Supervision by the receiving state is not required for a temporary relocation of ninety 90 days or fewer; however, pursuant to section b 17 of the Social Security Act U. Supervision may be provided as a courtesy to the sending state. If supervision is requested, the sending state shall provide a Form B and the information required in Section 5 b below. If a child is brought into the receiving state by an approved placement resource for a temporary placement in excess of ninety 90 days or if the temporary relocation will recur, full compliance with this regulation is required.
The public child placing agency in the sending state is responsible to take action to ensure the ongoing safety of a child placed in a receiving state pursuant to an approved placement under Article III d of the ICPC, including return of the child to the sending state as soon as possible when return is requested by the receiving state.
A form B if the child is already present in the receiving state A copy of the court order pursuant to which the sending agency has authority to place the child or, if authority does not derive from a court order, a statement of the basis on which the sending agency has authority to place the child and documentation that supervision is on-going.
A case history for the child, including custodial and social history, chronology of court involvement, social dynamics and a description of any special needs of the child. A copy of the most recent home study of the placement resource s and any updates thereof. Copies of the progress reports on the family unit for the last six months and the most recent judicial review court report and court order completed in the sending state.
Some or all documents may be communicated by express mail or any other recognized method for expedited communication, including electronic transmission, if acceptable. However, the receiving state may request and shall be entitled to receive originals or duly certified copies if it considers them necessary for a legally sufficient record under its laws. If the receiving state requires licensure as a condition of placement approval, or the receiving state compact administrator determines that the license, certificate, or approval from the sending state has expired or otherwise is not valid, both the sending state and the placement resource shall state in writing that the placement resource will become licensed in the receiving state.
Such recognition and effect shall be given if: the training program is shown to be substantially equivalent to training offered for the same purpose in the receiving state; and the evidence submitted is in the form of an official certificate or document identifying the training. Initial Home Study Report: a Pursuant to the Safe and Timely Interstate Placement of Foster Children Act of , within sixty 60 days after receiving a home study request, the receiving state shall directly or by contract conduct, complete, and return a report to the sending state on the results of the study of the home environment for purposes of assessing the safety and suitability of the child remaining in the home.
The report shall address the extent to which placement in the home would meet the needs of the child. In the event the parts of the home study involving the education and training of the placement resource remain incomplete, the report shall reference such items by including a prospective date of completion.
If such condition is placed upon approval, a reasonable date for compliance with the education or licensing requirement shall be set forth in the documentation granting approval. Final Approval or Denial: a Pursuant to Article III d , final approval or denial of the placement resource request shall be provided by the receiving state compact administrator as soon as practical but no later than one-hundred and eighty days days from receipt of the initial home study request.
However, this may not be done before the receiving state compact administrator has actually recorded the determination on the ICPCA. The written notice the completed ICPCA shall be mailed, sent electronically, if acceptable, or otherwise sent promptly to meet Article III d written notice requirements.
Nothing in this regulation shall be construed to alter the obligation of a receiving state to supervise and report on the placement; nor to alter the requirement that the placement resource s comply with the licensing and other applicable laws of the receiving state after arrival therein.
A favorable determination made by a receiving state pursuant to Article III d of the ICPC and this regulation means that the receiving state is making such determination on the basis of the best evidence available to it in accordance with the requirements of paragraph 5 a of this regulation and does not relieve any placement resource or other entity of the obligation to comply with the laws of the receiving state as promptly as possible after arrival of the child in the receiving state.
If it is subsequently determined by the receiving state Compact Administrator that the placement in the receiving state appears to be contrary to the best interest of the child, the receiving state shall notify the sending agency that approval is no longer given and the sending state shall arrange to return the child or make an alternative placement as provided in Article V a of the ICPC.
Subsequent supervision must include face-to-face visits with the child at least once each month. Face-to-face visits must be performed by a Child Welfare Caseworker in the receiving state. Such supervision visits shall continue until supervision is terminated by the sending state. Concurrence of the receiving state compact administrator for termination of supervision should be sought by the sending state prior to termination. Reports of supervision visits shall be provided to the sending state in accordance with applicable federal laws and as set forth elsewhere in these regulations.
If a court or other competent authority invokes the Compact, the court or other competent authority is obligated to comply with Article V Retention of Jurisdiction of the Compact. Intent of Regulation No. This might include an upgrade from unlicensed relative to licensed foster home or to adoption home placement category see Regulation No. The receiving state may request immediate removal of the child until the receiving state has made a decision per ICPC. This would not prohibit a sending state from requesting an ICPC.
Definitions and placement categories: See Regulation No. The receiving state is not obligated to provide supervision until the placement has been approved with an ICPCA signed by the receiving state ICPC office, unless provisional approval has been granted. Documentation must be provided before placement is approved. However, the receiving state may request and shall be entitled to receive originals or duly certified copies of any legal documents if it considers them necessary for a legally sufficient record under its laws.
This report is not equivalent to a placement decision. The receiving state shall return to the sending state a report on the results of the home study that shall address the extent to which placement in the home would meet the needs of the child. This report may, or may not, include a decision approving or denying permission to place the child. In the event the parts of the home study involving the education and training of the placement resource remain incomplete, the report shall reference such items by including an anticipated date of completion.
Reasons for delay may be such factors as receiving state requires all relatives to be licensed as a foster home therefore ICPC office cannot approve an unlicensed relative placement request until the family has met licensing requirements. If such condition must be met before approval, a reasonable date for compliance shall be set forth in the receiving state transmittal accompanying the initial home study, if possible. Decision by receiving state to approve or deny placement resource A.
However, this may not be done before the receiving state Compact Administrator has actually recorded the determination on the ICPCA. Reconsideration of an ICPC denial: requested by the sending ICPC Office a Sending state may request reconsideration of the denial within 90 days from the date A denying placement is signed by receiving state.
The request can be with or without a new home study, see items 9 a 1 and 9 a 2 below. After 90 days there is nothing that precludes the sending state from requesting a new home study. Request reconsideration without a new home study: The sending ICPC office can request that the receiving state ICPC office reconsider the denial of placement of the child with the placement resource.
If the receiving state ICPC office chooses to overturn the denial it can be based on review of the evidence presented by the sending ICPC office and any other new information deemed appropriate. A new A giving an approval without a new home study will be signed. Request new home study re-examining reasons for original denial: A sending ICPC office may send a new ICPC home study request if the reason for denial has been corrected; i.
The receiving state ICPC office is not obligated to activate the new home study request, but it may agree to proceed with a new home study to reconsider the denial decision if it believes the reasons for denial have been corrected. This regulation shall not conflict with any appeal process otherwise available in the receiving state.
If the receiving state ICPC administrator decides to change the prior decision denying the placement, an ICPC transmittal letter and the new A shall be signed reflecting the new decision. That alternative placement resource must be approved by the receiving state before placement is made. Return of the child shall occur within five 5 working days from the date of notice for removal unless otherwise agreed upon between the sending and receiving state ICPC offices.
The receiving state request for removal may be withdrawn if the sending state arranges services to resolve the reason for the requested removal and the receiving and the sending state Compact Administrators mutually agree to the plan.
This Regulation No. Consistent with Article V, such youth should be served under ICPC if requested by the sending agency and with concurrence of the receiving state. In most public court jurisdiction cases the court has taken guardianship and legal custody away from the "offending" caregiver and has given it to a third party at the time placement of the child is made with an alternative caregiver. Those cases are identified on the ICPCA with the legal status of "court jurisdiction only" as explained below.
There are several possible situations where "court jurisdiction only" might be checked as the "legal status" on the ICPCA: Residential placement Regulation No. Some states call this an order of "protective supervision" or "show cause. If the receiving state determines the placement to be contrary to the interests of the child, the sending court must order removal of the child and their return to the sending state or utilize an alternative approved placement resource in the receiving state.
Placements made without ICPC protection: a A placement with a parent from whom the child was not removed: When the court places the child with a parent from whom the child was not removed, and the court has no evidence that the parent is unfit, does not seek any evidence from the receiving state that the parent is either fit or unfit, and the court relinquishes jurisdiction over the child immediately upon placement with the parent.
Receiving state shall have no responsibility for supervision or monitoring for the court having made the placement. Note: source of definition is identified right after the word prior to the actual definition. Adoption: the method provided by state law that establishes the legal relationship of parent and child between persons who are not so related by birth or some other legal determination, with the same mutual rights and obligations that exist between children and their birth parents.
This relationship can only be termed adoption after the legal process is complete see categories or types of ICPC adoptions below. Adoption categories: a Independent adoption: adoptions arranged by a birth parent, attorney, other intermediary, adoption facilitator or other person or entity as defined by state law. Adoption home study: definition listed under "home studies" Adjudicated delinquent: a person found to have committed an offense that, if committed by an adult, would be a criminal offense.
Adjudicated status offender: a person found to have committed an offense that would not be a criminal offense if committed by an adult. Age of majority: the legally defined age at which a person is considered an adult with all the attendant rights and responsibilities of adulthood.
The age of majority is defined by state laws, which vary by state and is used in Article V, "…reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state" see definition below of "child" as it appears in Article II.
Approved placement: the receiving state Compact Administrator has determined that "the proposed placement does not appear to be contrary to the interests of the child. Case history: an organized record concerning an individual, their family and environment that includes social, medical, psychological and educational history and any other additional information that may be useful in determining appropriate placement.
Case plan: see "service plan" definition Central Compact office: the office that receives ICPC placement referrals from sending states and sends ICPC placement referrals to receiving states.
In states that have one central Compact office that services the entire state, the term "central Compact office" has the same meaning as "central state Compact office" as described in Regulation No. In states in which ICPC placement referrals are sent directly to receiving states and received directly from sending states by more than one county or other regional area within the state, the "central Compact office" is the office within each separate county or other region that sends and receives ICPC placement referrals.
Certification: to attest, declare or swear to before a judge or notary public. Child: a person, who by reason of minority, is legally subject to parental guardianship or similar control. Child welfare caseworker: a person assigned to manage the cases of dependency children who are in the custody of a public child welfare agency and may include private contract providers of the responsible state agency.
Vonris The mandatory forms currently in effect are described below. A favorable determination made by a receiving state pursuant to Article III d of the ICPC and this regulation means that the receiving state is making such determination on the basis of the best evidence available to it in accordance with the requirements of paragraph 4 b of this regulation and does not relieve any custodian or other entity of the obligation to comply with the laws of the receiving state as promptly after arrival in the receiving state of the child as possible. Who is a part of the Compact? ICPC forms shall be uniform as to format and substance, and each state shall make available a reference to where its forms may be obtained by the public. A word or phrase not appearing in ICPC shall have the meaning ascribed to it by special definition in this regulation or, where not so defined, the meaning properly ascribed to it in icc usage.
Interstate Compact on the Placement of Children (ICPC)