Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.13-005 - POLICY VI-H: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN and Procedure VI-H13: Request for Interstate Compact on the Placement of Children Priority Placement Regulation No. 7

Current through Register Vol. 49, No. 6, June, 2024
POLICY VI-H: INTERSTATE COMPACT ON THE PLACEMENT OF
				CHILDREN
08/2013
The Interstate Compact on the Placement of Children
				(ICPC) is used to move children in need of a foster or pre-adoptive placement,
				adoption across state lines, or reunification with parents in an orderly and
				timely manner. A child in foster care is defined as a child who has been
				removed from the home of his parent, guardian, or custodian by a court of
				competent jurisdiction and whose custody has been placed with a private or
				public agency.
Foster care shall not include placement in a
				residential facility by a parent if a child welfare agency or court is not
				involved with the parent or child through an open case or
				investigation.
When a child requires placement for foster care or a
				possible adoption outside the resident state, DCFS shall use the ICPC process.
				DCFS will ensure all potential out-of-state relative placements are given the
				same opportunity as in-state relative placements to become foster homes. Homes
				of relatives approved under the Articles of ICPC will be considered approved
				foster homes. Unless authorized by the ICPC, all communications with other
				states regarding approval of placement, progress reports, disruption of
				placement, or termination of the ICPC case should process through the Arkansas
				ICPC Central Office, to the ICPC liaisons.
For the most up-to-date information regarding ICPC
				articles and regulations, go to
http://icpc.aphsa.org/Home/resources.asp.
PROCEDURE VI-H13: Request for an Interstate Compact on
				the Placement of Children Priority Placement Regulation No. 7
8/2013.
_______________________________________________________________________________________
A priority placement is when a court, upon request or on its
				own motion, or where court approval is required, determines that a proposed
				priority placement of a child from one state into another state is necessary
				because
placement is with a relative
				and
:
___________________________________________________________________
A. The child is under
four
			 (4)
years of age
,-including other siblings sought to
			 be placed with the same proposed
			 placement
___________
B. The child is in an emergency
placement
.
C. The court finds that the child has a
			 substantial
relationship with the proposed placement
			 resource.
(
Regulation No. 7 does not
			 define "substantial amount of time", consequently leaving its interpretation to
			 the receiving state ICPC
)
.
D.
A
n
			 unexpected dependency due to a sudden or recent incarceration, incapacitation,
			 or death of
a parent or guardian has
occurred.
_____________________________________________
The receiving state agency has 30 days to complete a request
				for a priority placement. Requests for placement shall not be expedited or
				given priority except as outlined below. A request for a priority placement
				will be implemented as follows:
A The court shall send its order to DCFS
			 within two business days.
B. The
			 order shall include:
1) The child's name,
			 address and phone number;
2) The
			 Fax number of the judge and the court, if available.
3) The sending party will send the following
			 to the state's ICPC Central Office via overnight mail, or fax, within three
			 business days:
4) The signed court
			 order.-(
T
he court order must specify how the case
			 qualifies as Regulation No. 7)
.
5) A completed ICPC-100A: ICPC
			 Request.
6) Supporting
			 documentation according to policy.