Overview of ICPC Process What the Guardian ad Litem Needs to Know H. Stephen Pennypacker, Esq. ICPC Compact Administrator September 19, 2008

Outline 1)What is the ICPC and why do we need it 2)When does it apply and when does it not apply 3)What is the process 4)Articles of interest 5)Regulations of interest 6)ICPC Central Office 7)What slows an ICPC down 8)The New ICPC

What is the Interstate Compact on the Placement of Children? An agreement created by social service administrators in 1950’s to provide order to the movement of children between states under court jurisdiction New York was first state to adopt it in 1960 Adopted by all 50 states, District of Columbia, Virgin Islands Not adopted by Puerto Rico 10 Articles, 9 Regulations (Number 2 repealed in 1999) Articles are statutory (Fla. Stat ) Regulations are derivative of articles, adopted by the Association of Administrators of the Interstate Compact

What is the Compact (con’t.)? a) defines the types of placements (parent/relative/foster care/adoptive/residential) and the persons or entities able to make placements subject to the law b) sets out the procedures to be followed in making an interstate placement c) provides specific protections, services, and requirements if placement occurs

Why is the Compact needed? Provides the sending agency the opportunity to obtain homestudies and an evaluation of the proposed placement. Allows the prospective receiving state to ensure that the placement is not “contrary to the interests of the child” and that the receiving state’s applicable laws and policies have been followed before approving the placement. Guarantees the child legal and financial protection by fixing these responsibilities with the sending agency or individual. Ensures the sending agency does not lose jurisdiction over the child once the child moves to the receiving state. Provides the sending agency the opportunity to obtain supervision and regular reports on the child’s adjustment and progress in the placement.

What if there were no compact? If there were no compact, the court could send children to another state with no homestudy, no services, no supervision, no obligation to provide support, and no jurisdiction. Conversely, children would be arriving in Florida every day to live in unsuitable, even dangerous homes, with no services, no support, and no supervision – many would end up in our dependency and/or delinquency system or worse.

When does the Compact apply? –Placement preliminary to an adoption, including placements through a public agency, private agencies or attorneys. –Placements into foster care, including foster homes, group homes and residential treatment facilities. –Placements with parents and relatives when a parent or relative is not making the placement.

When does the Compact NOT apply? Placements made in medical and mental health facilities Boarding schools or “any institution primarily educational in character” Placement of a child made by and to a parent, stepparent, grandparent, adult brother or sister, adult aunt or uncle, or child’s guardian Divorce or custody procedures International studies or international adoptions Visits (up to 30 days or summer school vacation) Canada, Puerto Rico, Guam or Samoa

How do you begin an ICPC Order of Compliance – entered by court Regular – parent/relative/foster care Intact family – child already placed Priority (Regulation 7) - expedited Court Jurisdiction – supervision closed or non-public agency

Checklist Florida to Another State

Priority ICPC – Regulation 7 6. A court order finding entitlement to a priority placement shall not be valid unless it contains an express finding that one or more of the following circumstances applies to the particular case and sets forth the facts on which the court bases its finding: (a) the proposed placement recipient is a relative belonging to a class of persons who, under Article VIII (a) of ICPC* could receive a child from another person belonging to such a class, without complying with ICPC and; (1) the child is under two (2) years of age; or (2) the child is in an emergency shelter; or (3) the court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient. (b) the receiving state Compact Administrator has a properly completed ICPC-100A and supporting documentation for over thirty (30) business days, but the sending agency has not received a notice pursuant to Article III (d) of ICPC determining whether the child may or may not be placed. *Parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt or a guardian

Checklist – Priority (Regulation 7)

Form 100A

Uploaded document (pending)

Time Frames From entry of order to packet being uploaded into ICS– 5 business days (non-Reg. 7 case) Packet to be processed by our office (checked for completeness and sent out) – 2 -3 business days Packet assigned to other state local office – 14 days Homestudy completed in other state – 30 – 60 days (Safe and Timely Placement of Children Act of 2006)

Safe and Timely Interstate Placement of Children Act of 2006 Under section 471(a)(26), a State is required to complete and report on foster and adoptive home studies requested by another State within 60 days. An exception to the 60- day requirement is provided (but only until 9/30/08) if the State’s failure to complete the home study within 60 days is due to circumstances beyond the State’s control (e.g., delays in receipt of Federal agency background checks). This exception gives the State 15 more days to complete and report on the home study. The State that requested the home study must accept the completed home study unless, within 14 days of receiving the report, the State determines that reliance on the report would be contrary to the child’s welfare. The parts of the home study involving education and training of prospective foster and adoptive parents do not have to be completed within the same 60- (or 75-) day timeframe. Further, States are permitted to contract with a private agency to conduct the home study.

Incentive for Timely Completion under Safe and Timely Interstate Placement Federal government authorized $10,000, to be utilized to pay an incentive to states that completed homestudies within 30 days for non- priority cases But money has never been appropriated!

Homestudy is approved – 100B for placement

Articles of Interest

Articles of Interest (con’t.)

Articles of Interest

Article V (con’t.)

Regulations of Interest Regulation 1 – intact family

Regulation 1 (con’t.)

Regulation No. 3

When can you place with a non-offending parent without doing an ICPC?

Regulation 7 – Priority Placement

Regulation 7 (con’t.) CHILD CANNOT BE 2.5 BUT UNDER 2. WE WILL SEND IF IT’S A SIB GROUP AND AT LEAST ONE IS UNDER 2 YOA BUT THE OTHER STATE MAY OR MAY NOT ACCEPT AS SUCH. EMERGENCY SHELTER IS NOT OUR LEGAL STATUS BUT A SHELTER. SUBSTANTIAL AMOUNT OF TIME IS UP TO THE JUDGE’S FINDING BUT THE OTHER STATE COULD QUESTION, SO A CLEAR EXPLANANTION ON THE ORDER IS BEST. AT A MINIMUM, ON THE COVER LETTER. IF AN ORDER OF COMPLIANCE IS NEEDED, CAN COMBINE THAT WITH THE PRIORITY ORDER. Resource: PARENT, STEPPARENT, GRANDPARENT, ADULT BROTHER OR SISTER, ADULT UNCLE OR AUNT, GUARDIAN

Regulation 7 (con’t.)

Regulation 7 – (con’t.)

Regulation 9 - visits

Regulation 9 (con’t.)

Composition of ICPC Central Office Tallahassee Seven full-time specialists Cases assigned by states Two full-time people in mail room Three part-time employees Approximately 370 new cases per month Ratio of in state to out of state – 2 to 1

Organizational Chart Stephen Pennypacker, Compact Administrator Laura Kirksey, Deputy Compact Administrator Angie StackhouseCaryl JeffersonLena MoyeKevin AskewSandy EricksonShirley Hodge

Cases Received by ICPC Central Office

ICS Homestudy Page

Court View

ICPC – The most frustrating part of dependency What slows down an ICPC request? Problem: delay from hearing to entry of order, entry of order to submission of completed packet to ICPC Central office Solution: 1) ICPC Compact Administrator working with CLS to encourage entry of orders at time of hearing or within no more than 24 hours 2) CLS to provide copy of order of compliance to ICPC central office upon entry 3) ICPC Central Office to send automatic to CBC lead agency liaison with due date for packet 4) CBC’s agreed to have packets submitted to central office within 2-3 days of entry of order of compliance 5) ICPC Central office now can track critical dates with new homestudy page

What slows down an ICPC Problem: Awaiting results of background screens – conventional rolled fingerprints, delays in processing of criminal history Solution: 1) pilot program in Escambia and Duval County – Georgia agreed to allow Florida to fingerprint Georgia residents using live scan machines and to accept results Machines just now being installed, trainers to be processed, already ran at least one prospective placement in Pensacola 2) hope to expand to Alabama 3) do informal screen by having placement answer questions about criminal and abuse history before sending through ICPC request – four out of five are not approved 4) have prospective placement contact local agency in receiving state to push for ICPC homestudy process to begin

What slows down an ICPC (con’t.) Problem: Other state requires prospective placement to be licensed (foster care, even for relatives) – most states do require licensing, Florida is one of few that don’t; prospective placement must complete training and CBC must pay other state board rate Solution: As soon as prospective placement is identified, if receiving state requires licensing, have placement sign up for training and have CBC negotiate board rate – don’t wait until preliminary homestudy is done and then start training, discussing money, IVE eligibility, Medicaid, etc.

What else can be done? The New ICPC What is it? – compact approved by Association of Administrators of Interstate Compact on Placement for Children, American Association of Adoption Attorneys, American Bar Association, American Academy of Matrimonial Lawyers, Uniform Law Commission Why do we need it now? Current ICPC has: No forum to challenge results – only remedy is to sue other state No forum to enforce violations Private adoptive parents must wait in state for approval before traveling Current Articles and Regulations do not cover all situations and states are left to interpret – no consistency

Why a new ICPC is needed (con’t.)? Existing ICPC adopted in 1961 No time frames for completion of regular request except Safe and Timely Placement of Interstate Children in Foster Care Act of 2006 – 30 day incentives not funded by federal government No jurisdiction to compel compliance by other state – only formal remedy for non-compliance under current ICPC is to litigate with the other state

Resources Articles and Regulations

Questions? Contact Information: H. Stephen Pennypacker, Esq. ICPC Compact Administrator Department of Children and Family Services 1317 Winewood Boulevard, Bldg. 6, Room 123 Tallahassee, FL (850)