Listed below are the steps that must be followed to comply with the requirements of the Interstate Compact. Step 1: Decision to place child out-of-state. Either the local court or social services program determines that the child would be best-served by being placed out-of-state. Step 2: Request for Interstate Placement.
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Regulation No. The following regulation, adopted by the Association of Administrators of the Interstate Compact on the Placement of Children, is declared to be in effect on and after October 1, Words and phrases used in this regulation have the same meaning as in the Compact, unless the context clearly requires another meaning. If a court or other competent authority invokes the Compact, the court or other competent authority is obligated to comply with Article V Retention of Jurisdiction of the Compact.
Categories of children: This regulation applies to cases involving children who are being placed in a residential facility by the sending agency, regardless of whether the child is under the jurisdiction of a court for delinquency, abuse, neglect, or dependency, or as a result of action taken by a child welfare agency. Age restrictions: Regulation No.
Consistent with Article V, such youth should be served under ICPC if requested by the sending agency and with concurrence of the receiving state. Skip to Content Accessible Navigation and Information Use the following links to quickly navigate around the page. Section Navigation. Intent of this Regulation: It is the intent of Regulation No. Residential facility is further defined in Section 3 below. Sending agency includes the parent, guardian, court, or agency ultimately responsible for the planning, financing, and placement of the child as designated in section I of the form A.
The receiving state ICPC office shall notify the sending state ICPC office of any significant change of status at the residential facility that may be "contrary to the interests of the child" Article III d or may place the safety of the child at risk of which the receiving state ICPC office becomes aware.
The role of the sending and receiving state ICPC offices is to promote compliance with Article V that children are not physically or financially abandoned in a receiving state. When a child has been placed in a receiving state prior to ICPC approval, the case is considered a violation of ICPC, and the placement is made with the sending agency and residential facility remaining liable and responsible for the safety of the child.
The receiving state may request immediate removal of the child until the receiving state has made a decision per ICPC, in addition to any other remedies available under Article IV. The receiving state is permitted to proceed with the residential facility request for approval, but is not required to proceed as long as the child is placed in violation of ICPC.
For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals, or other medical facilities as used in Regulation 4, they are defined by the receiving state.
Whether an institution is either generally exempt from the need to comply with the Interstate Compact on the Placement of Children or exempt in a particular instance is to be determined by the services it actually provides or offers to provide. In making any such determinations, the criteria set forth in this regulation shall be applied. Conditions below would require compliance with this Regulation.
Developmentally disabled has the same meaning as the phrase "mentally defective. See Article VI or Section 2. A above. It provides the receiving state ICPC office with indication that the residential facility has screened the child as an appropriate placement for their facility.
C 3 and 4 —A copy of the child's case or service or permanency plan and any supplements to that plan, if the child has been in care long enough for a permanency plan to be required. It is expected that the medical coverage will be arranged and confirmed between the sending agency and the residential facility prior to the placement. Documentation must be provided before placement is approved.
Methods for transmission of documents: Some or all documents may be communicated by express mail or any other recognized method for expedited communication, including FAX and electronic transmission, if acceptable by both the sending and the receiving state.
The receiving state shall recognize and give effect to any such expedited transmission of an ICPCA and supporting documentation, provided that it is legible and appears to be a complete representation of the original. However, the receiving state may request and shall be entitled to receive originals or duly certified copies of any legal documents if it considers them necessary for a legally sufficient record under its laws.
All such transmissions must be sent in compliance with state laws and regulations related to the protection of confidentiality. Decision by receiving state to approve or deny placement resource A. The ICPC office may as part of its review process verify that the residential facility is properly licensed and not under an investigation by law enforcement, child protection, or licensing staff for unfit conditions or illegal activities that might place the child at risk of harm.
It is recognized that some state ICPC offices must obtain clearances from child protection, residential facility licensing and law enforcement before giving approval for a residential facility placement. However, this may not be done before the receiving state Compact Administrator has actually recorded the determination on the ICPC A. The written notice the completed ICPCA shall be mailed, sent electronically, if acceptable, or otherwise sent promptly to meet Article III d written notice requirements.
The receiving state may approve or deny the placement resource if the receiving state Compact Administrator finds based upon the review of the child specific information and on the review of the current status of the residential facility, "the proposed placement does not appear to be contrary to the interests of the child.
In those limited cases, sending and receiving state offices may, with mutual agreement, proceed to authorize emergency placement approval. Such emergency placement decision must be made within one business day or other mutually agreed timeframe, based upon receipt by the receiving state of the ICPCA request and any other document required by the receiving state to consider such emergency placement; e.
If emergency placement approval is temporarily granted, the formal ICPC placement approval will not be final until there has been full compliance with Sections 5 and 7 of this regulation.
Authority of sending agency: When the receiving state has approved a placement resource, the sending agency has the final authority to determine whether to use the approved placement resource in the receiving state. The receiving state ICPCA approval for placement in a residential facility expires thirty calendar days from the date the A was signed by the receiving state.
The thirty 30 calendar day timeframe can be extended upon mutual agreement between the sending and receiving state ICPC offices. In that capacity the residential facility is responsible for the supervision, protection, safety, and well-being of the child. The sending agency making the placement is expected to enter into an agreement with the residential facility as to the program plan or expected level of supervision and treatment and the frequency and nature of any written progress or treatment reports.
The one exception are those children who may become involved in an incident or allegation occurring in the receiving state that may involve the receiving state law enforcement, probation, child protection or, ultimately, the receiving state court. The alternative placement resource must be approved by the receiving state before placement is made.
Return of the child shall occur within five 5 business days from the date of notice for removal unless otherwise agreed upon between the sending and receiving state ICPC offices.
That alternative placement resource must be approved by the receiving state before placement is made. Return of the child shall occur within five 5 business days from the date of notice for removal, unless otherwise agreed upon between the sending and receiving state ICPC offices. The receiving state ICPC office's request for removal may be withdrawn if the sending agency arranges services to resolve the reason for the requested removal and the receiving and the sending state Compact Administrators mutually agree to the plan.
Words and phrases used in this regulation have the same meanings as in the Compact, unless the context clearly requires another meaning. This regulation was amended pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting May 4 through 7, ; such amendment was approved on May 5, and is effective as of October 1,
Full Text of ICPC Regulation No. 4
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