The ICPC tutorial - A Family For Every Child

Interstate Compact on thePlacement of Children(ICPC)

ObjectivesAt the end of this training you will:-Be knowledgeable about the ICPCregulations & process-Be able to complete the ICPC forms

ICPC is:A statutorily binding agreementadopted by all 50 states, the Districtof Columbia and the U.S. VirginIslands. The agreement governs theplacement of children from one stateinto another state.

Why do we need the ICPC?It ensures thatchildren are placed in a safe andappropriate environmentstates remain legally and financiallyresponsible for the children placed outsidetheir borderschildren receive courtesy supervision byappropriate Child Welfare personnel in thestate where they are placed

ICPC RequirementsPrior to ICPC placement, a home study(including criminal background and CPShistory checks) must be completed in thereceiving state and placement approvalfrom the receiving state’s ICPC officemust be obtained.

ICPC requirements, cont.Dismiss the sending state’s jurisdictiononly with written concurrence from theappropriate authority in the receivingstate.

When does the ICPC apply?When a custodial parent seeks to place a child inresidential treatment or with a non-relatedadoptive family located out-of-stateWhen a child is in the custody of an agency,such as DHS, and the agency seeks to place thechild in another state with a parent/relative or intoa foster home, adoptive home or residential carefacility. **

**Placement of children in DHScustody into an out-of-stateresidential facility can occur onlyafter consultation with aResidential Resource Consultant(RRC), and with a contract inplace with the facility.

Diligent Search for RelativesRequired by state and federal lawLiving in another state is not a barrier forrelatives to be consideredNo limit on the number of ICPC requests whichcan be made at one time (however, if requests going tothe same state, that state may ask that requests be prioritized inorder to conserve limited staff resources)

Visits vs. Placements(ICPC Regulation 9)A child traveling out of state is considered to be ona visit when:•it is for a brief social or cultural experience; and•the visit has a definite end date; and•the visit is no longer than 30 days, or begins andends within a school vacation; and•there has been no request for a home study orsupervision.ICPC is not required for visits.

Discussion QuestionA family has beenreceiving voluntaryservices from your branch.The father is offered a jobin Florida and wants tomove his family there. Isan ICPC request required?Why or why not?

ICPC ProcessThe process begins when the caseworker completes areferral packet and sends it to the Oregon ICPC office.Scan packet and e-mail to oregon.icpc@state.or.us(Do not save the packet into OR-Kids!)

ICPC Referral Checklist• Cover letter (form 100E)*• Caseworker statement form• 100A*• 1044*• Court order*• Child/case information*• Copy of birth certificate & Social Security card• Proof of paternity (if requesting study on father orpaternal relative)• TPR or relinquishments• Copy of home study on the family, if a study exists*required

ICPC ProcessCaseworker sendsreferral to ICPCofficeICPC office reviewspacket and sends it toreceiving stateICPC office documentsplacement decision andinforms case worker.Receiving state completeshome study and approves or deniesplacement, then sendsdecision back tosending state ICPC office.

ICPC Process, cont.If placement is denied, the ICPC recordis closed, and no further action isneeded from the case worker.If placement is approved, the child(ren)can be placed, and the other statemust be notified of the placement sothat supervision can begin.

ICPC Process, cont.When informed about placement, theOregon ICPC office will notify the receivingstate and request supervision of theplacement. The receiving state will assigna social worker to see the child and sendback progress reports.

Interstate Compact on the Placement of ChildrenReport on Child’s Placement StatusOne form per childTO:FROM:SECTION I — IDENTIFYING INFORMATIONChild’s Name:Mother’s Name:SECTION II — PLACEMENT STATUSInitial Placement of Child in Receiving StateName of Resource:Address:Type of Care:Placement ChangeName of Resource:Address:Type of Care:SECTION III — COMPACT PLACEMENT TERMINATIONBirth Date:Father’s Name:Date Child Placed in Receiving State:Effective Date of Change:Adoption Finalized In Sending State In Receiving State Court Order AttachedChild Reached Majority/Legally EmancipatedLegal Custody Returned to Parent(s)Court Order AttachedLegal Custody Given to RelativeCourt Order AttachedName:Relationship:Treatment CompletedSending State’s Jurisdiction Terminated with the Concurrence of the Receiving StateUnilateral TerminationChild Returned to Sending StateChild Has Moved to Another StateProposed Placement Request WithdrawnName of Placement Resource:Approved Resource Will Not Be Used For PlacementName of Approved Placement:Other (Specify):Date of Termination:SECTION IV — SIGNATURESSignature of Person/Agency Supplying Information:Date:Signature of Compact Administrator, Deputy or Alternate:Date:

Discussion QuestionOregon DHS removes a childfrom his father’s home in Oregonand places the child in fostercare. The mother lives in Texas.She will need to complete anumber of services prior to thechild being placed with her. Doyou send an ICPC request? Whyor why not?

Time lines• Federal law requires interstate homestudies to be completed within 60 days.• Placement must be made within 6 monthsof approval.

Priority Placement (Reg. 7) CriteriaProposed placement is with:ParentStep-parentGrandparentAdult uncle or auntAdult sibling, orLegal guardian

Priority Placement (Reg. 7) Criteria(cont.)and the case meets at least one of thefollowing criteria:Unexpected dependency due to recent incarceration,incapacitation, or death of a parent or guardian, orThe child is under 4 years of age, orThe court finds that any child in the sibling group to beplaced has a substantial relationship with the proposedplacement, orThe child is currently in an emergency placement.

Priority Placement (Reg. 7) Criteria(cont.)The receiving state is expected to approveor deny a priority placement within 20business days.Some states are not able to comply withRegulation 7 timelines.

Break!

ICPC Office to ICPC Office CommunicationPlacement requestsPlacement approvalor denialNotification ofplacementsSupervision reportsICPC case closure

Communication With The OtherState’s ICPC OfficeAll communication with the ICPC office inthe other state must go through the OregonICPC office. Caseworkers should notcommunicate directly with the other state’sICPC office.

Caseworker to CaseworkerCommunicationOregon case workers are encouraged tocommunicate directly with case workers inthe other state regarding case planning andday-to-day issues.

TravelOregon ICPC will cover expenses to move childrento or from an ICPC approved placement. Travelcosts must be pre-authorized by ICPC, and travelcannot be authorized until placement is approved.ICPC is billed direct for flights, and reimburses forother authorized expenses. Limits for travel areset out in policy.

Travel, cont’d.ICPC also can cover pre-authorizedexpenses for a pre-placement visit priorto an adoptive placement.

Relocation(Regulation 1)Allows children in DHS custody to move toanother state prior to ICPC approval, with foster family adoptive family prior to finalization legal parent or guardian

Items to include with a Reg 1 referral• For foster and adoptive families, existing homestudy and foster certificate• For legal parents or guardians, current actionagreement and any recent evaluations or otherbackground information• 100B showing date family is moving

Relocation of DD foster homesWhen a foster family is receiving DDpayments for fostering a child withdevelopmental disabilities, DD payments willnot continue when the child moves out ofstate. Child Welfare must open the fostercare service and establish the payment rateprior to the move.

Discussion QuestionCaseworker removes a child frommother today. Father in New Mexicohas joint custody and wants his child.Does ICPC apply?Why or why not?

ICPC Regulation 3:Placement with ParentsRegulation 3 allows a court to place achild with a parent without goingthrough ICPC, provided that:‣ The court has no evidence before it,and seeks no evidence, that theparent is unfit; and‣ The court dismisses its jurisdictionimmediately.

Financial Considerations• The sending state retains responsibility forfinancial support– i.e. foster payments,payment for services, etc.• Foster payment is made at Oregon rate,including any level of care assessed perCANS. Personal care payments are notmade out of state.

Financial Considerations, cont.When child is placed with a parent, theparent is responsible for the child’sfinancial support and for ensuring that thechild’s medical needs are met.

Medical Considerations forChildren in Substitute CareThe substitute caregiver will need to apply forMedicaid in the receiving state. If the child is notTitle IV-E eligible, the substitute caregiver will berequired to produce an original or certified copy ofthe birth certificate to prove identity & citizenship.

Medical Considerations for Childrenin Substitute Care, cont.If the child is IV-E eligible, provide a COBRA letterto the substitute caregiver.

Medical Considerations for Children inSubstitute Care, cont.If Medicaid is denied, the child will remain onOregon Health Plan, and the substitutecaregiver will need to find service providerswho agree to enroll as OHP providers by calling1-800-422-5047.

Medical Considerations for Childrenin Substitute Care, cont.If children are not IV-E eligible and being placedfor adoption, it is best to have AdoptionAssistance (AA) in effect for date of placement.In most states, children will be eligible formedical coverage if AA is in place.

Discussion QuestionYou receive ICPC approval to place a child withhis father in Utah. Based on the positive homestudy, the father’s attorney asks the court todismiss jurisdiction. What do you do?A. Agree that dismissal sounds like a good idea.B. Oppose dismissal.C. Take no position.

Closing the ICPC CaseICPC closes when:• Adoption is finalized*; or• Legal custody and/or guardianshipis awarded to the caretaker*; or• Legal custody is given to the parent** Must have written permission(concurrence) from receiving statebefore this can occur

Closing the ICPC Case, cont.• Treatment is completed; or• Child reaches majority or is legally emancipated;or• Child returns to sending state; or• Child moves to a different state; or• Proposed placement request is withdrawn; OR• Approved resource will not be used forplacement.(Concurrence not required)

Closing the ICPC CasePlease inform the Oregon ICPC officewhen the ICPC case can close, and senda copy of the court order (if applicable).The Oregon ICPC office then will notify thereceiving state to close the ICPC case.

Placements into Oregon In most cases, home studies arecompleted by designated ICPC workers. The sending state is responsible for caseplanning. With some exceptions, the sending state isresponsible financially for services andsupport of the placement.

Placements into Oregon, cont. Services funded by Oregon include publiceducation and services covered by the OregonHealth Plan, if applicable. Youth may receive Independent Living skillstraining services if they meet eligibilityrequirements. The Oregon ICPC office will arrange for OHPcoverage for children who are in sub-care. If thechild is not Title IV-E eligible, the caregiver willneed to have an original or certified copy of thechild’s birth certificate

Placements into Oregon, cont.Supervision includes: Seeing the child andfamily every 30 days; providing referrals forrecommended services; and sending asupervision report to the Oregon ICPC officeevery 90 days.

Child Abuse Reports for ICPChomes‣If protective service issues arise, they arereported and assessed just as Oregoncases would be. Please notify sendingstate worker and the Oregon ICPC officeimmediately if there are safety issues.

Juvenile Delinquency CasesRequests to place youth who are on paroleor probation need to go through theInterstate Compact on Juveniles (ICJ) at theOregon Youth Authority.

RunawaysTo return children in DHS custody who haverun away and been picked up in anotherstate, contact the Interstate Compact onJuveniles (ICJ) Coordinator at the OregonYouth Authority.

Oregon ICPC ContactsICPC Office500 Summer St. NE, #E-70Salem, OR 97301Fax 503-947-5072E-mail: oregon.icpc@state.or.usCase assignments are based on the oldest child’s last name:A – G Tanya Gilbert, 503-945-5673H – Q Terrie Anderson, 503-945-7019R – Z Vera James, 503-945-5671Delinquency cases & runaways: Carol Gillespie(Interstate Compact on Juveniles) 503-373-7569Harry Gilmore 503-945-6685

ICPC Resources• http://www.dhs.state.or.us/policy/childwelfare/icpc_tools.html• ICPC handbook, DHS 9053

Answers to Discussion QuestionsSlide 11: No. It is a voluntary case; DHS does not have custodyof the child(ren).Slide 21: Maybe. If you need more information about the mother,or if the child may be placed with her fairly soon, then send theICPC request. Keep in mind that ICPC is for the purpose ofplacing the child(ren), not a mechanism to provide a courtesyworker to assist a parent in another state with services.Slide 39: It depends. If there is no evidence that the parent isunfit and if the court immediately dismisses jurisdiction, thenICPC does not apply (See slide 39). If the court wants a homestudy and/or DHS to maintain custody, then ICPC does apply.Slide 47: B. It is a violation of the ICPC to dismiss jurisdictionwithout written concurrence from the appropriate authority inthe receiving state.