Presentation on theme: "Interstate Compact on the Placement of Children (ICPC)"— Presentation transcript:
1 Interstate Compact on the Placement of Children (ICPC)
2 Objectives At the end of this training you will: Be knowledgeable about the ICPC regulations & processBe able to complete the ICPC forms
3 ICPC is:A statutorily binding agreement adopted by all 50 states, the District of Columbia and the U.S. Virgin Islands. The agreement governs the placement of children from one state into another state.
4 Why do we need the ICPC? It ensures that children are placed in a safe and appropriate environmentstates remain legally and financially responsible for the children placed outside their borderschildren receive courtesy supervision by appropriate Child Welfare personnel in the state where they are placed
5 ICPC RequirementsPrior to ICPC placement, a home study (including criminal background and CPS history checks) must be completed in the receiving state, and placement approval from the receiving state’s ICPC office must be obtained.
6 ICPC requirements, cont. Dismiss the sending state’s jurisdiction only with written concurrence (agreement) from the appropriate authority in the receiving state.
7 When does the ICPC apply? When a custodial parent seeks to place a child in residential treatment or with a non-related adoptive family located out-of-stateWhen a child is in the custody of an agency, such as DHS, and the agency seeks to place the child in another state with a parent/relative or into a foster home, adoptive home or residential care facility. **
8 **Placement of children in DHS custody into an out-of-state residential facility can occur only after consultation with a Residential Resource Consultant (RRC), and with a contract in place with the facility.
9 Diligent Search for Relatives Required by state and federal lawLiving in another state is not a barrier for relatives to be consideredNo limit on the number of ICPC requests which can be made at one time (however, if requests going to the same state, that state may ask that requests be prioritized in order to conserve limited staff resources)
10 Discussion QuestionCaseworker removes a child from mother today. Father in New Mexico has joint custody and wants his child.Does ICPC apply?Why or why not?
11 ICPC Regulation 3: Placement with Parents Regulation 3 allows a court to place a child with a parent without going through ICPC, provided that:The court has no evidence before it, and seeks no evidence, that the parent is unfit; andThe court dismisses its jurisdiction immediately.
12 Visits vs. Placements (ICPC Regulation 9) A child traveling out of state is considered to be on a visit when:it is for a brief social or cultural experience; andthe visit has a definite end date; andthe visit is no longer than 30 days, or begins and ends within a school vacation; andthere has been no request for a home study or supervision.ICPC is not required for visits.
13 Considerations for Visits No mechanism to verify safety of the home.No supervision/ face to face contacts with child.No foster payment.Child stays on Oregon Health Plan, so can only access services if providers enroll with OHP.
14 ICPC Process Caseworker sends referral to ICPC office ICPC office reviewspacket and sends it toreceiving stateReceiving state completeshome study and approves or deniesplacement, then sendsdecision back tosending state ICPC office.ICPC office documentsplacement decision andinforms case worker.
15 ICPC Process, cont.If placement is denied, the ICPC record is closed, and no further action is needed from the case worker. If placement is approved, the child(ren) can be placed, and the other state must be notified of the placement so that supervision can begin.
16 ICPC ProcessThe process begins when the caseworker completes a referral packet and sends it to the Oregon ICPC office.Scan packet and to(Do not save the packet into OR-Kids!)
17 ICPC Referral Checklist Cover letter (form 100E)*Caseworker statement form (form 161)*100A*1044*Court order*Child/case information*Copy of birth certificate & Social Security cardProof of paternity (if requesting study on father or paternal relative)TPR or relinquishmentsCopy of home study on the family, if a study exists*requiredFor a sibling group all going to the same resource, it’s not necessary to send a separate packet for each child. Include only one copy of documents that pertain to all of the children (i.e. 307, court orders).Don’t include a copy of the whole file, or even the whole medical section– just the most recent, most pertinent information. What do you think the other state worker needs to know about this child & this family in order to decide whether this placement is appropriate for this child?
18 Copy and paste the above link into your browser Form 100ECopy and paste the above link into your browser
19 Copy and paste the above link into your browser Form 161Copy and paste the above link into your browser
20 Copy and paste the above link into your browser Form 100ACopy and paste the above link into your browser
21 Copy and paste the above link into your browser Form 1044Copy and paste the above link into your browser
22 ICPC Process, cont.When informed about placement, the Oregon ICPC office will notify the receiving state and request supervision of the placement. The receiving state will assign a social worker to see the child and send back progress reports.
23 Copy and paste the above link into your browser Form 100BCopy and paste the above link into your browser
24 Discussion QuestionA family has been receiving voluntary services from your branch. The father is offered a job in Florida and wants to move his family there. Is an ICPC request required? Why or why not?
25 TravelOregon ICPC will cover expenses to move children to or from an ICPC approved placement. Travel costs must be pre-authorized by ICPC, and travel cannot be authorized until placement is approved. ICPC is billed direct for flights, and reimburses for other authorized expenses. Limits for travel are set out in policy.ICPC does not pay for travel associated with:VisitsRetrieving a runawayWhen a parent absconds with a child
26 Travel, cont.ICPC also can cover pre-authorized expenses for a pre-placement visit prior to an adoptive placement.
27 Closing the ICPC Case ICPC closes when: Adoption is finalized*; or Legal custody and/or guardianship is awarded to the caretaker*; orLegal custody is given to the parent** Written permission (concurrence) required from receiving state
28 Closing the ICPC Case, cont. Treatment is completed; orChild reaches majority or is legally emancipated; orChild returns to sending state; orChild moves to a different state; orProposed placement request is withdrawn; ORApproved resource will not be used for placement.(Concurrence not required)
29 Closing the ICPC CasePlease inform the Oregon ICPC office when the ICPC case can close, and send a copy of the court order (if applicable). The Oregon ICPC office then will notify the receiving state to close the ICPC case.
30 Copy and paste the above link into your browser Form 100BCopy and paste the above link into your browser
32 Communication With The Other State’s ICPC Office All communication with the ICPC office in the other state must go through the Oregon ICPC office. Caseworkers should not communicate directly with the other state’s ICPC office.
33 Caseworker to Caseworker Communication Oregon case workers are encouraged to communicate directly with case workers in the other state regarding case planning and day-to-day issues.
34 ICPC Office to ICPC Office Communication Placement requestsPlacement approval or denialNotification of placementsSupervision reportsICPC case closure
35 Discussion QuestionA 10 year-old child on your caseload wants to visit her grandmother in Kansas for the summer. Is an ICPC request required? Why or why not?
36 Time linesFederal law requires interstate home studies to be completed within 60 days.Placement must be made within 6 months of approval.
37 Priority Placement (Reg. 7) Criteria Proposed placement is with:ParentStep-parentGrandparentAdult uncle or auntAdult sibling, orLegal guardian
38 Priority Placement (Reg. 7) Criteria (cont.) and the case meets at least one of the following 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 be placed has a substantial relationship with the proposed placement, orThe child is currently in an emergency placement.
39 Priority Placement (Reg. 7) (cont.) The receiving state is expected to approve or deny placement within 20 business days.The child cannot be in the home while a Reg 7 study is being completed.Some states are not able to comply with Regulation 7 timelines.
40 Copy and paste the above link into your browser Form 101Copy and paste the above link into your browser
41 Discussion QuestionOregon DHS removes a child from his father’s home in Oregon and places the child in foster care. The mother lives in Texas. She will need to complete a number of services prior to the child being placed with her. Do you send an ICPC request? Why or why not?
42 Financial Considerations The sending state retains responsibility for financial support– i.e. foster payments, payment for services, etc.Foster payment is made at Oregon rate, including any level of care assessed per CANS. Personal care payments are not made out of state.
43 Financial Considerations, cont. When child is placed with a parent, the parent is responsible for the child’s financial support and for ensuring that the child’s medical needs are met.
44 Medical Considerations for Children in Substitute Care The substitute caregiver will need to apply for Medicaid in the receiving state. If the child is not Title IV-E eligible, the substitute caregiver will be required to produce an original or certified copy of the birth certificate to prove identity & citizenship.
45 Medical Considerations for Children in Substitute Care, cont. If the child is IV-E eligible, work with your IV-E Specialist to provide a COBRA letter to the substitute caregiver.
46 Medical Considerations for Children in Substitute Care, cont. If Medicaid is denied, the child will need to remain on Oregon Health Plan, and the substitute caregiver will need to find service providers who agree to enroll as OHP providers. Service providers would enroll by callingWork with your branch medical clerk for help on this issue.
47 Medical Considerations for Children in Substitute Care, cont. If children are not IV-E eligible but free for adoption, it is best to have Adoption Assistance (AA) in effect for date of placement. In most states, children will be eligible for medical coverage if AA is in place.
48 Relocation (Regulation 1) Allows children in DHS custody to move to another state prior to ICPC approval, withfoster familyadoptive family prior to finalizationlegal parent or guardianConsiderations:May need court approval for moveIf a foster placement, the family will need to go through the process to get foster-licensed in the other state.The other state can deny placement, then the child would have to return to Oregon.Adoption finalization will be delayed– there needs to be a new study completed, and the receiving state will want to supervise for a time prior to recommending finalization. If at all possible to finalize prior to the move, work with the Adoptions Unit to do so.
49 Items to include with a Reg 1 referral For foster and adoptive families, existing home study and foster certificateFor legal parents or guardians, current action agreement and any recent evaluations or other background information100B showing date family is moving
50 Relocation of DD foster homes When a foster family is receiving DD payments for fostering a child with developmental disabilities, DD payments will not continue when the child moves out of state. Child Welfare must open the foster care service and establish the payment rate prior to the move.
51 Discussion Question Support dismissal. Oppose dismissal. You receive ICPC approval to place a child with his father in Utah. Based on the positive home study, the father’s attorney asks the court to dismiss jurisdiction. What do you do?Support dismissal.Oppose dismissal.Take no position.
52 Placements into Oregon In most cases, home studies are completed by designated ICPC workers.Placements other than parents must meet regular certification standards.The sending state is responsible for case planning.With some exceptions, the sending state is responsible financially for services and support of the placement.
53 Placements into Oregon, cont. Services funded by Oregon include public education and services covered by the Oregon Health Plan, if applicable.Youth may receive Independent Living skills training services if they meet eligibility requirements.The Oregon ICPC office will arrange for OHP coverage for children who are in sub-care.
54 Placements into Oregon, cont. Supervision includes: Seeing the child and family every 30 days; providing referrals for recommended services; and sending a supervision report to the Oregon ICPC office every 90 days.
55 Copy and paste the above link into your browser Form 102Copy and paste the above link into your browser
56 Child Abuse Reports for ICPC homes If protective service issues arise, they are reported and assessed just the same as Oregon cases would be. Please notify sending state worker and the Oregon ICPC office immediately if there are safety issues.
57 Juvenile Delinquency Cases Requests to place youth who are on parole or probation need to go through the Interstate Compact on Juveniles (ICJ) at the Oregon Youth Authority.
58 RunawaysTo return children in DHS custody who have run away and been picked up in another state, contact the Interstate Compact on Juveniles (ICJ) Coordinator at the Oregon Youth Authority.
59 Oregon ICPC Contacts ICPC Office 500 Summer St. NE, #E-70 Salem, OR 97301FaxCase assignments are based on the oldest child’s last name:A – G Amy Hinkle,H – Q Terrie Anderson,R – Z Lindsay Armstrong,Delinquency cases & runaways: Carol Gillespie(Interstate Compact on Juveniles)ICPC Manager: Vera James
61 Answers to Discussion Questions Slide 10: It depends. If there is no evidence that the parent is unfit and if the court immediately dismisses jurisdiction, then ICPC does not apply (See slide 11). If the court wants a home study and/or DHS to maintain custody, then ICPC does apply.Slide 24: No. It is a voluntary case; DHS does not have custody of the child(ren).Slide 35: No. ICPC is not required for visits (see slides 10 and 11)Slide 41: Maybe. If you need more information about the mother, or if the child may be placed with her fairly soon, then send the ICPC request. However, ICPC is for the purpose of placing the child(ren), not a mechanism to provide a courtesy worker to assist a parent in another state with services.Slide 51: B. It is a violation of the ICPC to dismiss jurisdiction without written concurrence from the appropriate authority in the receiving state.