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 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 office documents placement decision and informs case worker.

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 For 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?

Copy and paste the above link into your browser Form 100E http://dhsresources.hr.state.or.us/WORD_DOCS/CE0100e.doc Copy and paste the above link into your browser

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

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

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.

Copy and paste the above link into your browser 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 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: Visits Retrieving a runaway When a parent absconds with a child

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.

Copy and paste the above link into your browser 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-to-day 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.

Copy and paste the above link into your browser 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. Work with your branch medical clerk for help on this issue.

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 Considerations: May need court approval for move If 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.

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 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.

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.

Copy and paste the above link into your browser 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 Amy Hinkle, 503-945-5673 H – Q Terrie Anderson, 503-945-7019 R – Z Lindsay Armstrong, 503-945-5671 Delinquency cases & runaways: Carol Gillespie (Interstate Compact on Juveniles) 503-373-7569 ICPC Manager: Vera James 503-945-6685

ICPC Resources ICPC handbook, DHS 9053 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.