ICPC: I Can Positively

Change a Child’s Life!

COURTNEY A. LEE, ESQ., ICPC COMPACT ADMINISTRATOR

JOSEPH CHAMBERS, ICPC LIAISON, FSSNF

GILLIAN SLICK, ICPC LIAISON, OUR KIDS

SEPTEMBER 6, 2018

Introduction to the ICPC

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

ICPC has been adopted by all 50 states, D.C., and the U.S. Virgin Islands. It has not been adopted by Puerto Rico and is not used for international placements

The Compact is made up of 10 Articles, which define its scope, and are found in section 409.401, Florida Statutes.

Regulations, developed by the Compact Administrators, set out the procedures to follow when making a placement pursuant to the Compact.

The purpose of the ICPC is to ensure children have safe and stable placements across state lines. The Compact allows the sending states to retain jurisdiction and receive supervision reports during the pendency of the placements.

When does the Compact apply?

The Compact does NOT apply:

Placements made in medical and mental health facilities for acute treatment

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 non-agency guardian

Divorce or custody procedures

International studies or international adoptions

Visits (up to 30 days or summer school vacation)

Canada, Puerto Rico, Mexico, etc.

The Compact Applies:

Placements preliminary to an adoption

Placements into foster care, which includes foster homes, group homes, and residential treatment facilities

Placements with a parent or relative when a parent or relative is not the one making the placement

Placements with nonrelatives

Introduction to Florida ICPC

The FL ICPC office processes between 400-800 requests per

month, including both incoming and outgoing requests

The case load is divided between 6.5 ICPC specialists and is divided by state

Every CBC has a dedicated ICPC liaison. CBCs and the FL ICPC

office process cases electronically using the National Electronic

Interstate Compact Enterprise (NEICE)

Florida, like most states, is centralized for ICPC purposes and all

cases must go through the FL ICPC office in Tallahassee.

The Regulations

Reg. 1 – Relocation of Family Units (Intact Family)

Reg. 2 – General Placement

Reg. 3 – Definitions

Reg. 4 – Residential Placement

Reg. 5 – Central State Compact Office

Reg. 6 – Permission to Place Child: Time Limitation Reapplication

Reg. 7 – Priority Placement

Reg. 8 – Change of Placement Purpose

Reg. 9 – Definition of a Visit

Reg. 10 – Guardians

Reg. 11 – Supervision

Reg. 12 – Private Adoptions

Regulation 1-Intact Family Move

Child already placed in Florida with an approved home study and ongoing supervision

Six months of post placement supervision are required before a case can be transferred under this regulation

Child and approved caregiver moving to another state

ICPC needed to get supervision and/or services in the other state

Can travel without prior ICPC approval, but must seek home study in the receiving state and bring child back if not approved

May need to have caregiver become licensed in receiving state

Need to address payment of caregiver funds and lack of daycare funding in the receiving state before authorizing move

Regulation 2

Applies:

Children not yet placed through an approved home study;

Changing status of child already placed;

Child in receiving state without approval;

Supervision terminated and jurisdiction retained.

Does NOT Apply:

Child placed with a parent and:

Court has no evidence the parent is unfit;

Court does not seek such evidence; and

The Court relinquishes jurisdiction.

Regulation 2

continued Pre-screening of the prospective placement is required to be

included in ICPC packet, in Florida this is known as the case manager’s statement but can be completed by anyone with knowledge of the case

This is to prevent sending requests for placements who are not interested or clearly will not pass, e.g., five siblings in a one bedroom mobile home; grandfather just released from prison for lewd and lascivious on a minor child

Report of home study (not actual home study) must be sent within 60 days, can include final approval or denial – consistent with Safe and Timely Interstate Placement of Children Act

If not a complete home study, must state what education and training is still required and how long it will take, e.g., PRIDE training

If approved, have six months to make the placement

Regulation 2

continued

Denied Home study- what now?

Request reconsideration within 90 days (with or without a new home

study)

Receiving state has 60 days to make a determination as to

reconsideration

Return of Child

If the child is in the receiving state without prior approval and

receiving state requests removal- child must return to sending state

within 5 business days (unless alternative agreement is reached by

the Compact Administrators)

If receiving state withdraws approval, child must return within 5

business days (unless alternative agreement)

Regulation 4 - Residential Treatment

Regulation 4 applies when dependent or delinquent children are

placed into RTFs across state lines.

The regulation also applies to such placements made by parents.

“Residential Facility” is defined as follows: Residential facility or

residential treatment center or group home: a facility providing a

level of 24-hour, supervised care that is beyond what is needed for

assessment or treatment of an acute condition. For purposes of the

compact, residential facilities do not include institutions primarily

educational in character, hospitals, or other medical facilities.

Under the Regulation, ICPC is not responsible for services and

supervision, rather the sending agency in conjunction with the RTF.

Regulation 4 - Residential Treatment

continued Placement of dependent children into an out of state RTF requires compliance with CFOP 170-11 Chapter 5, 5-12,

which states:

a. The Department will consider granting an exception for the placement of children and adolescents into mental health

residential treatment out-of-state when the requirements outlined in paragraphs (1) or (2) below are met:

(1) The reunification plan is for the child to join family who lives in the other state, and:

(a) The home study on the family in the other state is complete and approved; and,

(b) Placement in residential treatment is for a transitional period not to exceed three months.

(2) The CBC Lead Agency has attempted to meet the placement and treatment needs of the child within state and in-state placements have failed. The CBC must document:

(a) Efforts to locate alternate treatment options in-state;

(b) The reasons the out-of-state residential treatment center was selected;

(c) A current suitability assessment recommending placement into a residential

mental health treatment center;

(d) A plan for face-to-face contacts by a child welfare professional with the child every 30 days; and,

(e) An initial discharge plan.

Regulation 4 - Residential Treatment

continued b. The CBC CEO or designee must obtain approval from the Department prior to the placement of any

child or adolescent out-of-state in accordance with this operating procedure:

(1) The Regional Managing Director (RMD) must approve placement of the child out of state. The RMD shall consider the above required documentation.

(2) The RMD shall present the case to the Department’s Assistant Secretary for Operations.

(3) The Assistant Secretary for Operations shall seek the approval of the Secretary of the Department who can approve out-of-state placement for children in need of more intensive mental health treatment.

(4) The CBC shall seek to resolve conflicts with the Deputy Secretary of the Department.

c. The CBC must comply with the requirements of the ICPC and shall provide documentation of compliance with this chapter as part of its request to the ICPC office. The ICPC office will not process the request without this information

Regulation 7- Expedited Placement

Intent of the regulation is to:

- expand class of children to whom expedited placement could apply, including siblings of these children

- allow for emergency temporary placement similar to that following shelter if receiving state agrees

• does not apply to foster care or adoption placements (unless placement already licensed – but must still be parent, stepparent, etc.)

- Receiving state ICPC to render decision within 20 business days from the date of receipt.

- relinquishment of jurisdiction if placement with a parent and receiving state concurs

- sending state can ask for assistance of court in receiving state, if receiving state court will assist

Regulation 7- Expedited Placement

continued Child must be placed with parent, stepparent, grandparent, adult

aunt or uncle, adult brother or sister, or guardian

Applies to child(ren) meeting one of the following criteria:

1) One child is 4 years old and younger or being placed in same home with a sibling group, or

2) one child being placed has substantial relationship with prospective placement, or

3) unexpected dependency due to a sudden or recent incarceration, incapacitation or death of a parent or guardian, or

4) in emergency placement

Court can ask for provisional placement – same as if child placed in shelter in receiving state – receiving state not required to do this

Provisional placement is not final approval and can be withdrawn

Regulation 7- Expedited Placement

continued

Court can ask for jurisdiction to be relinquished upon approval of placement with a parent – receiving state not required to do this

Does not apply if child already placed in receiving state in violation of ICPC, even if the child is on a visit

Judicial recourse possible in receiving state if time frames not honored

- Sending state court can inform appropriate court in receiving state, and request assistance

- Within its jurisdiction and authority, receiving state court can hold hearings, take evidence, and enter orders for purpose of obtaining compliance with ICPC

Regulation 7- Expedited Placement

continued

In order to obtain an Order of Compliance a written statement from one of the parties (Case manager, GAL, Therapist, etc..) must be provided to the court and include the below:

the potential placement is interested and will cooperate

name and correct physical and mailing address of placement

number and type of bedrooms in the home

sufficient financial resources or explanation for how children will be fed, clothed and cared for

acknowledgement that a criminal records and child abuse history check will be done

if placement with a parent, is there a request to relinquish jurisdiction

Regulation 9 - Visits

A visit is not a placement within the meaning of the Interstate Compact on the Placement of Children (ICPC). Visits and placements are distinguished on the basis of purpose, duration, and the intention of the person or agency with responsibility for planning for the child as to the child’s place of abode.

A visit is meant for a social or cultural experience of short duration such as camp or with a friend or relative who has not assumes legal responsibility of the child(ren).

A visit should be no more than 30 days in length or the length of vacation from school as ascertained from the academic calendar of the school.

A visit may not be extended or renewed in a manner that would cause it to exceed beyond the 30 (day)/school vacation period.

If a home study request is pending and the child is sent to the state on a “visit”, the receiving state may view it as a placement.

Many States Require Licensure*

Below are some examples of states that require licensure with the exception of parents.

Oregon-if the child is IV-E eligible

Alabama-”great” relatives and cousins

District of Columbia

Minnesota-placement is allowed but relatives must begin the licensure process immediately upon placement

Maine-Reg. 7 relative placement with licensure to follow

Tennessee-if a child is placed 120 days or longer TN must license the home by day 120, if the resource does not successfully certify, the child must return to the sending state, TN will accept a Regulation 7 request on a relative

Rhode Island-Reg. 7 relative placement with licensure to follow

ICPC state pages: http://icpcstatepages.org/

*This information is subject to change, it’s always a good idea to check with the assigned

specialist in central office!

Potential Pitfalls and Solutions

General/Regulation 2:

Most states require foster care licensure, even for relatives and the CBC must pay the other state’s board rate. As soon as the prospective placement is identified, ask the placement to sign up for training AND have the CBC negotiate board rate. Waiting until the preliminary home study is returned will result in further delay.

Often times potential placements may experience a delay in background screening. As soon as a prospective placement is identified, have them begin their screening if possible. Do an informal screening by having the placement answer questions about criminal and abuse history before sending the request. 4 out of 5 are not approved. Additional, if a resource has lived in another state within 5 years Adam Walsh checks would need to be conducted from each state.

http://centerforchildwelfare.fmhi.usf.edu/ChildProtective/AdamWalsh.pdf

Approval for placement is valid for 6 months. If placement is to be made near the 6 month mark, it is best to alert the receiving state. Many states will close their case at the 6 month mark and will not reopen the case, even if placement was made but transmission of the placement documents is delayed.

Many states require proof of paternity if a request is for placement with a father or paternal relative. Proof includes: marriage to the mother at the time of birth or conception, name on birth certificate, court order, or DNA evidence.

Potential Pitfalls and Solutions Regulation 1:

Regulation 1 requires a completed approved home study in Florida. If the court places a child with a parent who travelled to Florida as a result of the child coming into care, Regulation 1 does not apply.

Regulation 1 requests should be sent before the family travels, but must be sent within 5 days of the family’s move.

Regulation 4:

The requirement of compliance with CFOP 155-10 often comes as a surprise. As soon as the potential placement is identified as appropriate, work should begin on CFOP compliance.

Regulation 7:

Sending a child on a visit during a pending Regulation 7 request is a presumed placement which may lead to the receiving state denying the request completely

If utilizing the “substantial relationship” condition of Regulation 7, it must be shown that the proposed placement has a familial or mentoring role with the child, has spent more than cursory time with the child, and has established more than a minimal bond with the child. Familial relationship alone will not suffice.

Many states require licensure for placement with a relative. Those states will not conduct a regulation 7 request for placement with a relative.

Potential Pitfalls and Solutions

Regulation 9:

Visits cannot be extended or stacked to exceed the 30-day/summer

vacation limitation.

Sending children for an “extended visit” while an ICPC home study is

pending and leaving the child in the state when ICPC is denied creates ill-

will, Florida is seen as non-compliant, and the next request will not be

given importance.

Asking for supervision during a home study request turns a visit into a

placement.

An ICPC request will not be completed more quickly because the child is

in the receiving state, regardless of the harm to child upon return. Visits

usually result in the request taking longer because services may be

required and the case worker addresses the immediate needs instead of

completing a home study.

Case Study 1Facts:

o A baby boy is removed at birth due to substance misuse by the parents and placed locally in a private foster home.

o 6 months later, the paternal grandmother from out of state contacts the DCM and wants the child placed in her home. She arrives in Florida to be near her grandson, but is told to return to her state so the ICPC process can begin.

o 11 months later, a female child is born and removed from the birth parents. An ICPC is done right away and the female child is placed with the grandmother through an approved home study.

o Almost 2 years after the first child was born, the parental rights to both children are terminated.

Results: The foster parents wants to adopt the male child and the grandmother applies to adopt both children….

What happens now?

Case Study 2Facts:

❖ A 9 year old child is sheltered from her abusive parents.

❖ The child is first placed in a group home and then a foster home that doesn’t work out.

❖ The child’s third placement is in a private foster home and she bonds with the other children in the home. She does very well in this placement. The child’s goal becomes adoption.

❖ Prior to the TPR trial, the child’s aunt in Texas contacts the Department for placement.

❖ An ICPC is requested, but delayed because the aunt’s family was in the process of moving to another state.

❖ While the ICPC is pending, the DCM tells the aunt and her family that they cannot have unsupervised visits with the child and only very limited contact.

Results: The TPR is granted and both the foster family and the aunt’s family apply to adopt the child….

What happens now?

Case Study 3Facts:

Two Florida children in the care of their mother are sheltered due to extreme neglect. The children have different fathers.

The children are placed in two separate foster homes in Florida and adjudicated dependent.

A paternal aunt for one of the children is located in Atlanta, Georgia, and she is willing to take both children.

The Department was previously granted placement authority by the Dependency Court and therefore the DCM travels to Atlanta with the children. She does a walk through of the Aunt’s home and completes a home study while in Atlanta. All looks fine and she makes the placement.

Results: When the DCM contacts the Georgia child welfare office to request a report on the placement to include in her Judicial Review, Georgia ICPC learns of the unauthorized placement. Florida is told to pick up the children within 24 hours….

What happens now?

Case Study 4Facts:

Two Florida children are removed from their parents. The children were removed from the Father’s custody due to allegations of substance misuse and neglect. The children were adjudicated dependent.

After agreeing to a Case Plan for reunification including services for drug treatment, the Father moved to Maryland and began receiving services.

At a Judicial Review hearing, the Florida Dependency Court ordered the Children to be reunified with the Father in Maryland immediately.

At hearing, the Department objects to immediate placement because the ICPC is still pending, therefore no approved home study, ability to monitor or provide services, etc.

What happens now?

Case Study 5

Facts:

Three months ago, two siblings were placed with their aunt and uncle in

Virginia through an approved ICPC home study.

The Florida case remains open and the receiving state is providing reports

and supervision.

An abuse report is received by Virginia with allegations of abuse and

neglect in the aunt and uncle’s home. Virginia determines the children

cannot safely remain in the home and removes the children.

Results: Florida ICPC is notified the next morning and told that the

children have been sheltered and placed in foster care in Virginia.

Now What?

Questions or concerns?

Courtney A. Lee, ICPC and ICAMA Compact Administrator-850-717-

4007 or Courtney.Lee@myflfamilies.com

Heather Richardson, Deputy Compact Administrator-850-717-4005 or

Heather.Richardson@myflfamilies.com

Gillian Slick, ICPC Liaison, Our Kids of Miami-Dade/Monroe, Inc.

Slickg@ourkids.us

Joseph Chambers, ICPC Liaison, Family Support Services of NF, Inc.

Joseph.Chambers@fssnf.org

ICPC state pages: http://icpcstatepages.org/

Florida’s ICPC state page: http://icpcstatepages.org/florida/info/