Interstate Compact on the Placement of Children (ICPC)

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Interstate Compact on the
Placement of Children
(ICPC)
Objectives
At the end of this training you will:
Be knowledgeable about the ICPC regulations
& process
Be able to complete the ICPC forms
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.
Why do we need the ICPC?
It ensures that
children are placed in a safe and appropriate
environment
states remain legally and financially
responsible for the children placed outside
their borders
children receive courtesy supervision by
appropriate Child Welfare personnel in the
state where they are placed
ICPC Requirements
Prior 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.
ICPC requirements, cont.
Dismiss the sending state’s jurisdiction only
with written concurrence (agreement)
from the appropriate authority in the
receiving state.
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-state
When 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. **
**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.
Diligent Search for Relatives
Required by state and federal law
Living in another state is not a barrier for relatives to
be considered
No 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)
Discussion Question
Caseworker removes a child from
mother today. Father in New Mexico
has joint custody and wants his child.
Does ICPC apply?
Why or why not?
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; and
 The court dismisses its jurisdiction
immediately.
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; and
•the visit has a definite end date; and
•the visit is no longer than 30 days, or begins and ends
within a school vacation; and
•there has been no request for a home study or
supervision.
ICPC is not required for visits.
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.
ICPC Process
Caseworker
sends referral to
ICPC office
ICPC office documents
placement decision and
informs case worker.
ICPC office reviews
packet and sends it to
receiving state
Receiving state completes
home study and approves or denies
placement, then sends
decision back to
sending state ICPC office.
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.
ICPC Process
The process begins when the caseworker completes a referral
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 (form 161)*
100A*
1044*
Court order*
Child/case information*
Copy of birth certificate & Social Security card
Proof of paternity (if requesting study on father or paternal
relative)
• TPR or relinquishments
• Copy of home study on the family, if a study exists
*required
Form 100E
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0100e.doc
Copy and paste the above link into your browser
Form 161
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0161.doc
Copy and paste the above link into your browser
Form 100A
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0100a.doc
Copy and paste the above link into your browser
Form 1044
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0100a.doc
Copy and paste the above link into your browser
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.
Form 100B
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0100b.doc
Copy and paste the above link into your browser
Discussion Question
A 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?
Travel
Oregon ICPC will cover expenses to move
children to or from an ICPC approved
placement. Travel costs must be preauthorized 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.
Travel, cont.
ICPC also can cover pre-authorized
expenses for a pre-placement visit prior to
an adoptive placement.
Closing the ICPC Case
ICPC closes when:



Adoption is finalized*; or
Legal custody and/or guardianship
is awarded to the caretaker*; or
Legal custody is given to the parent*
* Written permission (concurrence) required
from receiving state
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 for
placement.
(Concurrence not required)
Closing the ICPC Case
Please 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.
Form 100B
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0100b.doc
Copy and paste the above link into your browser
Break!
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.
Caseworker to Caseworker Communication
Oregon case workers are encouraged to
communicate directly with case workers in the
other state regarding case planning and day-today issues.
ICPC Office to ICPC Office Communication
•
•
•
•
•
Placement requests
Placement approval or
denial
Notification of
placements
Supervision reports
ICPC case closure
Discussion Question
A 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?
Time lines
• Federal law requires interstate home studies
to be completed within 60 days.
• Placement must be made within 6 months of
approval.
Priority Placement (Reg. 7) Criteria
Proposed placement is with:
Parent
Step-parent
Grandparent
Adult uncle or aunt
Adult sibling, or
Legal guardian
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, or
 The child is under 4 years of age, or
 The court finds that any child in the sibling group to be
placed has a substantial relationship with the proposed
placement, or
 The child is currently in an emergency placement.
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.
Form 101
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0101.doc
Copy and paste the above link into your browser
Discussion Question
Oregon 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?
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.
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.
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.
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.
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
calling 1-800-422-5047.
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.
Relocation
(Regulation 1)
Allows children in DHS custody to move to
another 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 home study
and foster certificate
• For legal parents or guardians, current action
agreement and any recent evaluations or other
background information
• 100B showing date family is moving
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.
Discussion Question
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?
A. Support dismissal.
B. Oppose dismissal.
C. Take no position.
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.
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.
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.
Form 102
http://dhsresources.hr.state.or.us/WORD_DOCS/CE0102.doc
Copy and paste the above link into your browser
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.
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.
RUNAWAYS
To 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.
Oregon ICPC Contacts
ICPC Office
500 Summer St. NE, #E-70
Salem, OR 97301
Fax 503-947-5072
E-mail: oregon.icpc@state.or.us
Case assignments are based on the oldest child’s last name:
A–G
H–Q
R–Z
Amy Hinkle, 503-945-5673
Terrie Anderson, 503-945-7019
Lindsay Armstrong, 503-945-5671
Delinquency cases & runaways:
(Interstate Compact on Juveniles)
ICPC Manager: Vera James
Carol Gillespie
503-373-7569
503-945-6685
ICPC Resources

http://www.dhs.state.or.us/caf/cw_stafftools.htm

ICPC handbook, DHS 9053
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.
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