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 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)
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.
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?
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 email@example.com (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 or paternal relative) • TPR or relinquishments • Copy of home study on the family, if a study exists *required
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, 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.
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?
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) Criteria (cont.) The receiving state is expected to approve or deny a priority placement within 20 business days. Some states are not able to comply with Regulation 7 timelines.
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.
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.
Travel, cont’d. ICPC also can cover pre-authorized expenses for a pre-placement visit prior to an adoptive placement.
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 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.
Financial Considerations • The sending state retains responsibility for financial support– i.e. foster payments, payment for services, etc. • Foster payment is made at Oregonrate, 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, provide a COBRA letter to the substitute caregiver.
Medical Considerations for Children in Substitute Care, cont. If Medicaid is denied, the child will remain on Oregon Health Plan, and the substitute caregiver will need to find service providers who agree to enroll as OHP providers by calling 1-800-422-5047.
Medical Considerations for Children in Substitute Care, cont. If children are not IV-E eligible and being placed 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.
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? • Agree that dismissal sounds like a good idea. • Oppose dismissal. • Take no position.
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* *Must have written permission (concurrence) from receiving state before 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 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.