Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 6 - Division of Family and Children's Services › Chapter 1 - DFCS Policy Manual › Section 18-6-1-H - Interstate Compact on the Placement of Children › Section 18-6-1-H-VII - APPENDICES › Appendix 18-6-1-H-VII-I - Regulations 1-11

Current through June 25, 2024
Regulation No. 1
Conversion of Intrastate Placement into Interstate
						Placement; Relocation of Family Units
1. A placement initially intrastate in character becomes
						an interstate placement subject to the Interstate Compact on the Placement of
						Children (ICPC) if the child's principal place of abode is moved to another
						state, except as set forth herein.
2. Intent: This Regulation addresses the request for
						approval for placement of a child in an approved placement resource in the
						receiving state where the sending state has already approved the placement in
						the sending state and the resource now desires to move to the receiving state.
						The intent of Regulation 1 is to ensure that an already safe and stable
						placement made by a sending agency in the sending state will continue if the
						child is relocated to the receiving state. Additionally, it is the intent of
						this Regulation for supervision of the placement to be uninterrupted, for the
						family to comply with the requirements of the receiving state, and for both
						states to comply with all applicable state and federal laws, rules and
						regulations.
3. Applicability to Relocation: This Regulation shall
						apply to relocation of a child and the placement resource where supervision is
						ongoing. A request for a home study solely for the purpose of a periodic
						assessment of the placement where there is no on-going supervision shall not be
						governed by this regulation and shall be a matter of courtesy between the
						states. Nothing shall prohibit a sending state from contracting privately for a
						periodic assessment of the placement.
4. Applicability to Temporary Relocation: If a child is
						brought into the receiving state by an approved placement resource for a period
						of ninety (90) days or less and remains with the approved placement resource,
						approval of the receiving state is not required. Either the sending or
						receiving state may request approval of the placement, and, if the request is
						made, the sending and receiving states shall take the necessary action to
						process the request if the sending and receiving states agree to do so.
Supervision by the receiving state is not required for a
						temporary relocation of ninety (90) days or fewer; however, pursuant to section
						422(b)(17) of the Social Security Act 422 U.S.C. 622, supervision by the
						sending agency is required. Supervision may be provided as a courtesy to the
						sending state. If supervision is requested, the sending state shall provide a
						Form 100B and the information required in Section 5(b) below.
If a child is brought into the receiving state by an
						approved placement resource for a temporary placement in excess of ninety (90)
						days or if the temporary relocation will recur, full compliance with this
						regulation is required.
The public child placing agency in the sending state is
						responsible to take action to ensure the ongoing safety of a child placed in a
						receiving state pursuant to an approved placement under Article III(d) of the
						ICPC, including return of the child to the sending state as soon as possible
						when return is requested by the receiving state.
5. Provisional Approval:
a) In any instance where the decision to relocate into
						another state is made or it is intended to send or bring the child to the
						receiving state, or the child and existing family unit have already been sent
						or brought into the receiving state, an ICPC-100A and its supporting
						documentation shall be prepared immediately upon the making of the decision,
						processed within five (5) business days by the sending agency's state compact
						administrator and transmitted to the receiving state compact administrator with
						notice of the intended placement date. The sending agency's state compact
						administrator shall request that the receiving state respond to the case within
						five (5) business days of receipt of the request and with due regard for the
						desired time for the child to be sent or brought to the receiving state. If the
						family unit and child are already present in the receiving state, the receiving
						state's compact administrator shall determine within five (5) business days of
						receipt of the 100A and complete home study request packet whether provisional
						approval shall be granted and provide the decision in writing to the sending
						state compact administrator by facsimile, mail, overnight mail or electronic
						transmission, if acceptable.
b) The documentation provided with a request for prompt
						handling shall include:
1. A form ICPC-100A fully completed.
2. A form 100B if the child is already present in the
						receiving state
3. A copy of the court order pursuant to which the
						sending agency has authority to place the child or, if authority does not
						derive from a court order, a statement of the basis on which the sending agency
						has authority to place the child and documentation that supervision is
						on-going.
4. A case history for the child, including custodial and
						social history, chronology of court involvement, social dynamics and a
						description of any special needs of the child.
5. In any instance where the sending state has required
						licensure, certification or approval, a copy of the most recent license,
						certificate or approval of the qualification of the placement resource(s)
						and/or their home showing the status of the placement resource(s), as qualified
						placement resource(s).
6. A copy of the most recent home study of the placement
						resource(s) and any updates thereof.
7. Copies of the progress reports on the family unit for
						the last six months and the most recent judicial review court report and court
						order completed in the sending state.
8. A copy of the child's case/services/permanency plan
						and any supplements to that plan, if the child has been in care long enough for
						such a plan to be required.
9. An explanation of the current status of the child's
						Title IV-E eligibility under the Federal Social Security Act.
c) Requests for prompt handling shall be as provided in
						paragraph 5(a) hereof. Some or all documents may be communicated by express
						mail or any other recognized method for expedited communication, including
						electronic transmission, if acceptable. The receiving state shall recognize and
						give effect to any such expedited transmission of an ICPC-100A and/or
						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 if
						it considers them necessary for a legally sufficient record under its laws.
d) In an instance where a placement resource(s) holds a
						current license, certificate or approval from the sending state evidencing
						qualification as a foster parent or other placement resource, the receiving
						state shall give effect to such license, certificate or approval as sufficient
						to support a determination of qualification pursuant to Article III(d) of the
						ICPC, unless the receiving state compact administrator has substantial evidence
						that the license, certificate, or approval is expired or otherwise not valid.
						If the receiving state requires licensure as a condition of placement approval,
						or the receiving state compact administrator determines that the license,
						certificate, or approval from the sending state has expired or otherwise is not
						valid, both the sending state and the placement resource shall state in writing
						that the placement resource will become licensed in the receiving state.
e) The receiving state shall recognize and give effect
						to evidence that the placement resource has satisfactorily completed required
						training for foster parents or other parent training. Such recognition and
						effect shall be given if:
1. the training program is shown to be substantially
						equivalent to training offered for the same purpose in the receiving state; and
2. the evidence submitted is in the form of an official
						certificate or document identifying the training.
6. Initial Home Study Report:
a) Pursuant to the Safe and Timely Interstate Placement
						of Foster Children Act of 2006, within sixty (60) days after receiving a home
						study request, the receiving state shall directly or by contract conduct,
						complete, and return a report to the sending state on the results of the study
						of the home environment for purposes of assessing the safety and suitability of
						the child remaining in the home. The report shall address the extent to which
						placement in the home would meet the needs of the child. In the event the parts
						of the home study involving the education and training of the placement
						resource remain incomplete, the report shall reference such items by including
						a prospective date of completion.
b) Approval of the request may be conditioned upon
						compliance by the placement resource with any licensing or education
						requirement in the receiving state. If such condition is placed upon approval,
						a reasonable date for compliance with the education or licensing requirement
						shall be set forth in the documentation granting approval.
7. Final Approval or Denial:
a) Pursuant to Article III(d), final approval or denial
						of the placement resource request shall be provided by the receiving state
						compact administrator as soon as practical but no later than one-hundred and
						eighty days (180) days from receipt of the initial home study request.
b) If necessary or helpful to meet time requirements,
						the receiving state may communicate its determination pursuant to Article
						III(d) to the sending agency and the sending agency's state compact
						administrator by "FAX" or other means of facsimile transmission or electronic
						transmission, if acceptable. However, this may not be done before the receiving
						state compact administrator has actually recorded the determination on the
						ICPC-100A. The written notice (the completed ICPC-100A) shall be mailed, sent
						electronically, if acceptable, or otherwise sent promptly to meet Article
						III(d) written notice requirements.
8. Nothing in this regulation shall be construed to
						alter the obligation of a receiving state to supervise and report on the
						placement; nor to alter the requirement that the placement resource(s) comply
						with the licensing and other applicable laws of the receiving state after
						arrival therein.
9. A favorable determination made by a receiving state
						pursuant to Article III(d) of the ICPC and this regulation means that the
						receiving state is making such determination on the basis of the best evidence
						available to it in accordance with the requirements of paragraph 5(a) of this
						regulation and does not relieve any placement resource or other entity of the
						obligation to comply with the laws of the receiving state as promptly as
						possible after arrival of the child in the receiving state.
10. The receiving state may decline to provide a
						favorable determination pursuant to Article III(d) of the Compact if the
						receiving state compact administrator finds that the child's needs cannot be
						met under the circumstances of the proposed relocation or until the compact
						administrator has the documentation identified in subparagraph 5(b) hereof.
11. If it is subsequently determined by the receiving
						state Compact Administrator that the placement in the receiving state appears
						to be contrary to the best interest of the child, the receiving state shall
						notify the sending agency that approval is no longer given and the sending
						state shall arrange to return the child or make an alternative placement as
						provided in Article V(a) of the ICPC.
12. Supervision:
Within thirty (30) days of the receiving state compact
						administrator being notified by the sending state compact administrator or by
						the placement resource that the placement resource and the child have arrived
						in the receiving state, the appropriate personnel of the receiving state shall
						visit the child and the placement resource in the home to ascertain conditions
						and progress toward compliance with applicable federal and state laws and
						requirements of the receiving state. Subsequent supervision must include
						face-to-face visits with the child at least once each month. A majority of
						visits must occur in the child's home. Face-to-face visits must be performed by
						a Child Welfare Caseworker in the receiving state. Such supervision visits
						shall continue until supervision is terminated by the sending state.
						Concurrence of the receiving state compact administrator for termination of
						supervision should be sought by the sending state prior to termination. Reports
						of supervision visits shall be provided to the sending state in accordance with
						applicable federal laws and as set forth elsewhere in these regulations.
The public child placing agency in the sending state is
						responsible to take action to ensure the ongoing safety of a child placed in a
						receiving state pursuant to an approved placement under Article III(d) of the
						ICPC, including return of the child to the sending state as soon as possible
						when return is requested by the receiving state.
13. Words and phrases used in this regulation have the
						same meanings as in the Compact, unless the context clearly requires another
						meaning.
14. This regulation is adopted 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 of April 2010.
Regulation No. 2
Public Court Jurisdiction Cases
:
						Placements for Public Adoption or Foster Care in Family Settings and/or with
						Parents, Relatives
1. Intent of Regulation No. 2: The intent of this
						regulation is to provide at the request of a sending agency, a home study and
						placement decision by a receiving state for the proposed placement of a child
						with a proposed caregiver who falls into the category of: placement for public
						adoption, or foster care and/or with parents, or relatives.
2. Regulation No. 2 does apply to cases involving
						children who are under the jurisdiction of a court for abuse, neglect or
						dependency, as a result of action taken by a child welfare agency: The court
						has the authority to determine supervision, custody and placement of the child
						or has delegated said authority to the child welfare agency, and the child is
						being considered for placement in another state.
a) Children not yet placed with prospective placement
						resource: This Regulation covers consideration of a placement resource where
						the child has not yet been placed in the home. ICPC Regulation No. 7 Expedited
						Home Study can be used instead of Regulation No. 2 for this category when
						requirements are met for an expedited home study request.
b) Change of status for children who have already been
						placed with ICPC approval: This regulation is used when requesting a new home
						study on the current approved placement resource. This might include an upgrade
						from unlicensed relative to licensed foster home or to adoption home placement
						category (
see
Regulation No. 3 section 2(a) Types of Placement
						Categories).
c) Child already placed without ICPC approval, except
						when the child has relocated with the caregiver to the receiving state pursuant
						to Regulation 1: 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 state bearing full liability and responsibility 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. The receiving
						state is permitted to proceed, but not required to proceed with the home
						study/ICPC decision process, as long as the child is placed in violation of
						ICPC. The receiving state may choose to open the case for ICPC courtesy
						supervision but is not required to do so, as is required under ICPC Regulation
						No. 1 Relocation of Family Unit Cases.
3. Placements made without ICPC protection: Regulation
						No. 2 does not apply to:
a) A placement with a parent from whom the child was not
						removed: When the court places the child with a parent from whom the child was
						not removed, and the court has no evidence that the parent is unfit, does not
						seek any evidence from the receiving state that the parent is either fit or
						unfit, and the court relinquishes jurisdiction over the child immediately upon
						placement with the parent, the receiving state shall have no responsibility for
						supervision or monitoring for the court having made the placement.
b) Sending court makes parent placement with courtesy
						check: When a sending court/agency seeks an independent (not ICPC-related)
						courtesy check for placement with a parent from whom the child was not removed,
						the responsibility for credentials and quality of the courtesy check rests
						directly with the sending court/agency and the person or party in the receiving
						state who agree to conduct the courtesy check without invoking the protection
						of the ICPC home study process. This would not prohibit a sending state from
						requesting an ICPC.
4. Definitions and placement categories:
						(
See
Regulation No. 3)
5. Sending state case documentation required with
						ICPC-100A request: The documentation provided with a request for prompt
						handling shall be current and shall include:
a) A Form ICPC-100A fully completed.
b) A Form ICPC-100B if the child is already placed
						without prior approval in the receiving state. The receiving state is not
						obligated to provide supervision until the placement has been approved with an
						ICPC-100A signed by the receiving state ICPC office, unless provisional
						approval has been granted.
c) A copy of the current court order pursuant to which
						the sending agency has authority to place the child or, if authority does not
						derive from a court order, a statement of the basis on which the sending agency
						has authority to place the child and documentation that supervision is
						on-going.
d) Signed statement required from assigned sending
						agency case manager:
1. confirming the potential placement resource is
						interested in being a placement resource for the child and is willing to
						cooperate with the ICPC process.
2. including the name and correct physical and mailing
						address of the placement resource and all available telephone numbers and other
						contact information for the potential placement resource.
3. describing the number and type of bedrooms in the
						home of the placement resource to accommodate the child under consideration and
						the number of people, including children, who will be residing in the home.
4. confirming the potential placement resource
						acknowledges that he/she has sufficient financial resources or will access
						financial resources to feed, clothe, and care for the child, including child
						care, if needed.
5. that the placement resource acknowledges that a
						criminal records and child abuse history check will be completed for any
						persons residing in the home required to be screened under the law of the
						receiving state.
e) A current case history for the child, including
						custodial and social history, chronology of court involvement, social dynamics
						and a description of any special needs of the child.
f) Any child previously placed with placement resource
						in sending state: If the placement resource had any child placed with them in
						the sending state previously, the sending agency shall provide all relevant
						information regarding said placement to the receiving state, if available.
g) Service (case) Plan: A copy of the child's
						case/service/permanency plan and any supplements to that plan, if the child has
						been in care long enough for a permanency plan to be required.
h) Title IV-E Eligibility verification: An explanation of
						the current status of the child's Title IV-E eligibility under the Federal
						Social Security Act and Title IV-E documentation, if available. Documentation
						must be provided before placement is approved.
i) Financial/Medical Plan: A detailed plan of the
						proposed method for support of the child and provision of medical services.
j) A copy of the child's Social Security card or
						official document verifying correct Social Security Number, if available, and a
						copy of the child's birth certificate, if available.
6. 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/or electronic transmission, if
						acceptable by both sending and receiving state. The receiving state shall
						recognize and give effect to any such expedited transmission of an ICPC-100A
						and/or 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/or regulations related to the protection of confidentiality.
7. Safe and Timely Interstate Home Study Report to be
						completed within sixty (60) calendar days. This report is not equivalent to a
						placement decision.
a) Timeframe for completion of Safe and Timely
						Interstate Home Study Report: As quickly as possible, but not more than sixty
						(60) calendar days after receiving a home study request, the receiving state
						shall, directly or by contract, complete a study of the home environment for
						purposes of assessing the safety and suitability of the child being placed in
						the home. The receiving state shall return to the sending state a report on the
						results of the home study that shall address the extent to which placement in
						the home would meet the needs of the child. This report may, or may not,
						include a decision approving or denying permission to place the child. In the
						event the parts of the home study involving the education and training of the
						placement resource remain incomplete, the report shall reference such items by
						including an anticipated date of completion.
b) Receiving state placement decision may be postponed:
						If the receiving state cannot provide a decision regarding approval or denial
						of the placement at the time of the safe and timely home study report, the
						receiving state should provide the reason for delay and an anticipated date for
						a decision regarding the request. Reasons for delay may be such factors as
						receiving state requires all relatives to be licensed as a foster home
						therefore ICPC office cannot approve an unlicensed relative placement request
						until the family has met licensing requirements. If such condition must be met
						before approval, a reasonable date for compliance shall be set forth in the
						receiving state transmittal accompanying the initial home study, if possible.
8. Decision by receiving state to approve or deny
						placement resource (100A).
a) Timeframe for final decision: Final approval or
						denial of the placement resource request shall be provided by receiving state
						Compact Administrator in the form of a signed ICPC-100A, as soon as practical
						but no later than one hundred and eighty (180) calendar days from receipt of
						the initial home study request. This six (6)-month window is to accommodate
						licensure and/or other receiving state requirements applicable to foster or
						adoption home study requests.
b) Expedited communication of decision: If necessary or
						helpful to meet time requirements, the receiving state ICPC office may
						communicate its determination pursuant to Article III(d) to the sending
						agency's state Compact Administrator by FAX or other means of facsimile
						transmission or electronic transmission, if acceptable to both receiving and
						sending state. However, this may not be done before the receiving state Compact
						Administrator has actually recorded the determination on the ICPC-100A. The
						written notice (the completed ICPC-100A) shall be mailed, sent electronically,
						if acceptable, or otherwise sent promptly to meet Article III(d) written notice
						requirements. The receiving state home study local agency shall not send the
						home study and/or recommendation directly to the sending state local agency
						without approval from the sending and receiving state ICPC offices.
c) Authority of receiving state to make final decision:
						The authority of the receiving state is limited to the approval or denial of
						the placement resource. The receiving state may decline to provide a favorable
						determination pursuant to Article III(d) of the Compact if the receiving state
						Compact Administrator finds that based on the home study, the proposed
						caregiver would be unable to meet the individual needs of the child, including
						the child's safety, permanency, health, well-being, and mental, emotional and
						physical development.
d) Authority of sending court/placing agency: When the
						receiving state has approved a placement resource, the sending court/placing
						agency has the final authority to determine whether to use the approved
						placement resource in the receiving state. The receiving state ICPC-100A
						approval expires six months from the date the 100A was signed by receiving
						state.
9. Reconsideration of an ICPC denial: (requested by the
						sending ICPC Office)
a) Sending state may request reconsideration of the
						denial within 90 days from the date 100A denying placement is signed by
						receiving state. The request can be with or without a new home study,
see
items 9(a)(1) and 9(a)(2) below. After 90 days there is
						nothing that precludes the sending state from requesting a new home study.
1) Request reconsideration without a new home study: The
						sending ICPC office can request that the receiving state ICPC office reconsider
						the denial of placement of the child with the placement resource. If the
						receiving state ICPC office chooses to overturn the denial it can be based on
						review of the evidence presented by the sending ICPC office and any other new
						information deemed appropriate. A new 100A giving an approval without a new
						home study will be signed.
2) Request new home study re-examining reasons for
						original denial: A sending ICPC office may send a new ICPC home study request
						if the reason for denial has been corrected; i.e., move to new residence with
						adequate bedrooms. The receiving state ICPC office is not obligated to activate
						the new home study request, but it may agree to proceed with a new home study
						to reconsider the denial decision if it believes the reasons for denial have
						been corrected. This regulation shall not conflict with any appeal process
						otherwise available in the receiving state.
b) Receiving state decision to reverse a prior denied
						placement: The receiving state ICPC office has 60 days from the date formal
						request to reconsider denial has been received from the sending state ICPC
						office. If the receiving state ICPC administrator decides to change the prior
						decision denying the placement, an ICPC transmittal letter and the new 100A
						shall be signed reflecting the new decision.
10. Return of child to sending state/Receiving state
						requests to return child to sending state:
a) Request to return child to sending state at time of
						ICPC denial of placement: If the child is already residing in the receiving
						state with the proposed caregiver at the time of the above decision, and the
						receiving state Compact Administrator has denied the placement based on 8(c)
						then the receiving state Compact Administrator may request the sending state to
						arrange for the return of the child as soon as possible or propose an
						alternative placement in the receiving state as provided in Article V(a) of the
						ICPC. That alternative placement resource must be approved by the receiving
						state before placement is made. Return of the child shall occur within five (5)
						working days from the date of notice for removal unless otherwise agreed upon
						between the sending and receiving state ICPC offices.
b) Request to return child to sending state after
						receiving state ICPC had previously approved placement: Following approval and
						placement of the child, if the receiving state Compact Administrator determines
						that the placement no longer meets the individual needs of the child, including
						the child's safety, permanency, health, well-being, and mental, emotional, and
						physical development, then the receiving state Compact Administrator may
						request that the sending state arrange for the return of the child as soon as
						possible or propose an alternative placement in the receiving state as provided
						in Article V(a) of the ICPC. That alternative placement resource must be
						approved by the receiving state before placement is made. Return of the child
						shall occur within five (5) working days from the date of notice for removal
						unless otherwise agreed upon between the sending and receiving state ICPC
						offices.
The receiving state request for removal may be withdrawn
						if the sending state arranges services to resolve the reason for the requested
						removal and the receiving and the sending state Compact Administrators mutually
						agree to the plan.
11. Supervision for approved placement should be
						conducted in accordance with ICPC Regulation No. 11.
Regulation No. 3
See Regulation No. 3 under part III.
						Definitions.
Regulation No. 4
Residential Placement
1. In determining whether the sending or bringing of a
						child to another state is exempt from the provisions of the Interstate Compact
						on the Placement of Children by reason of the exemption for various classes of
						institutions in Article II (d), the following concepts and terms shall have the
						following meanings:
a) "Primarily educational institution" means an
						institution which operates one or more programs that can be offered in
						satisfaction of compulsory school attendance laws, in which the primary purpose
						of accepting children is to meet their educational needs; and which does not do
						one or more of the following:
1) accept responsibility for children during the entire
						year;
2) provide or hold itself out as providing child care
						constituting nurture sufficient to substitute for parental supervision and
						control or foster care;
3) provide any other services to children, except for
						those customarily regarded as extracurricular or co-curricular school
						activities, pupil support services, and those services necessary to make it
						possible for the children to be maintained on a residential basis in the
						aforementioned school program or programs.
b) "Hospital or other medical facility" means an
						institution for the acutely ill which discharges its patients when they are no
						longer acutely ill, which does not provide or hold itself out as providing
						child care in substitution for parental care or foster care, and in which a
						child is placed for the primary purpose of treating an acute medical problem.
c) "Institution for the mentally ill or mentally
						defective" minors means a facility which is responsible for treatment of acute
						conditions, both psychiatric and medical, as well as such custodial care as is
						necessary for the treatment of such acute conditions of the minors who are
						either voluntarily committed or involuntarily committed by a court of competent
						jurisdiction to reside in it. Developmentally disabled has the same meaning as
						the phrase "mentally defective."
d) Treatment for a chronic mental or behavioral
						condition, as described in this regulation, that is 24-hour care away from the
						child's parental home is foster care as such term is used in Article III of
						ICPC.
2.
a) Admission for treatment of an acute condition
						includes the treatment and care of minors who are mentally ill or
						developmentally disabled and who require stabilization of such condition for
						short-term treatment. Such short term treatment is exempt from the Interstate
						Compact on the Placement of Children.
b) Placement for treatment of a chronic condition
						includes the treatment and care of minors who may be mentally ill, emotionally
						ill, or developmentally disabled and require treatment beyond what was required
						for stabilization of the underlying acute condition. Treatment modalities for
						chronic conditions may include psychotherapy and psychopharmacology.
c) Any placement of a minor for treatment of that
						minor's chronic mental or behavioral condition into a facility having treatment
						programs for acute and chronic conditions must be made pursuant to the
						Interstate Compact on the Placement of Children. The Interstate Compact on the
						Placement of Children becomes applicable once the minor is placed for treatment
						of a chronic condition regardless of whether that child was originally placed
						in the same facility for treatment of an acute condition.
d) A minor may be accepted into a residential treatment
						center without first having been in that facility for the treatment of an acute
						condition
3. An institution for the mentally ill or
						developmentally disabled may accept a child for treatment and care without
						complying with ICPC, if the treatment and care and other services are entirely
						out-patient in character.
4. The type of funding source or sources used to defray
						the costs of treatment or other services does not determine whether the
						Interstate Compact on the Placement of Children applies. Such determination is
						made on a case-by-case basis.
5. The type of license, if any, held by an institution
						is evidence of its character, but does not determine the need for compliance
						with ICPC. 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.
Regulation No. 5
Central State Compact Office
It shall be the responsibility of each state party to
						the Interstate Compact on the Placement of Children to establish a procedure by
						which all Compact referrals from and to the state shall be made through a
						central state compact office. The Compact Office shall also be a resource for
						inquiries into requirements for placements into the state for children who come
						under the purview of this Compact.
Regulation No. 6
Permission to Place Child: Time Limitations,
						Reapplication
The following regulation, originally adopted in 1991 by
						the Association of Administrators of the Interstate Compact on the Placement of
						Children, is amended in 2001 and declared to be in effect, as amended, on and
						after July 2, 2001.
1. Permission to place a child given pursuant to Article
						III (d) of the Interstate Compact on the Placement of Children shall be valid
						and sufficient to authorize the making of the placement identified in the
						written document ICPC-100A, by which the permission is given for a period of
						six (6) months commencing on the date when the receiving state compact
						administrator or his duly authorized representative signs the aforesaid
						ICPC-100A.
2. If the placement authorized to be made as described
						in Paragraph 1. of this Regulation is not made within the six (6) months
						allowed therein, the sending agency may reapply. Upon such reapplication, the
						receiving state may require the updating of documents submitted on the previous
						application, but shall not require a new home study unless the laws of the
						receiving state provide that the previously submitted home study is too old to
						be currently valid.
3. If a foster care license, institutional license or
						other license, permit or certificate held by the proposed placement recipient
						is still valid and in force, or if the proposed placement recipient continues
						to hold an appropriate license, permit or certificate, the receiving state
						shall not require that a new license, permit or certificate be obtained in
						order to qualify the proposed placement recipient to receive the child in
						placement.
4. Upon a reapplication by the sending agency, the
						receiving state shall determine whether the needs or condition of the child
						have changed since it initially authorized the placement to be made. The
						receiving state may deny the placement if it finds that the proposed placement
						is contrary to the interests of the child.
5. State's jurisdiction, finalization of adoption by the
						child's current caretakers or the granting of legal guardianship to the child's
						current caretakers.
6.
a) The receiving state shall respond to any report of
						abuse or neglect of a child placed in the receiving state pursuant to an
						approved placement under Article III(d) of the ICPC and will respond in the
						same manner as it would to a report of abuse or neglect of any other child
						residing in the receiving state.
b) If the receiving state determines that a child must
						be removed from his or her home in order to be safe, and it is not possible for
						the child placing agency in the sending state to move the child at the time
						that the receiving state makes this determination, the receiving state shall
						place the child in a safe and appropriate setting in the receiving state. The
						receiving state shall promptly notify the sending state if a child is moved to
						another home or other substitute care facility.
c) The receiving state shall notify the central compact
						office in the sending state of any report of child abuse or neglect of a child
						placed in the receiving state pursuant to an approved placement under Article
						III(d) of the ICPC, regardless of whether or not the report is substantiated.
						Notification of the central compact office in the sending state will occur as
						soon as possible after such a report is received.
d) It is the responsibility of the public child placing
						agency in the sending state to take action to ensure the ongoing safety of a
						child placed in a receiving state pursuant to an approved placement under
						Article III(d) of the ICPC, including return of the child to the sending state
						as soon as possible when return is requested by the receiving state.
e) Pursuant to Article V of the ICPC, it is the
						responsibility of the public child placing agency in the sending state to take
						timely action to relieve the receiving state of any financial burden the
						receiving state has incurred as a result of placing a child into substitute
						care after removing the child from an unsafe home in which the child was
						previously placed by the public child placing agency in the sending state
						pursuant to Article III(d) of the ICPC.
7.
a) The child placing agency in the sending state is
						responsible for case planning for any child placed in a receiving state by the
						child placing agency in the sending state pursuant to an approved placement
						under Article III(d) of the ICPC.
b) The child placing agency in the sending state is
						responsible for the ongoing safety and well-being of any child placed in a
						receiving state by the child placing agency in the sending state pursuant to an
						approved placement under Article III(d) of the ICPC and is responsible for
						meeting any identified needs of the child that are not being met by other
						available means.
c) The receiving state shall be responsible to assist
						the sending state in locating appropriate resources for the child and/or the
						placement resource.
d) The receiving state shall notify the central compact
						office in the sending state in writing of any unmet needs of a child placed in
						the receiving state pursuant to an approved placement under Article III(d) of
						the ICPC.
e) If the child's needs continue to be unmet after the
						notification described in (d) above has occurred, the receiving state may
						require the child placing agency in the sending state to return the child to
						the sending state. Before requiring the return of the child to the sending
						state, the receiving state shall take into consideration the negative impact on
						the child that may result from being removed from his or her home in the
						receiving state and shall weigh the potential for such negative impact against
						the potential benefits to the child of being returned to the sending state.
						Notwithstanding the requirement to consider the potential for such negative
						impact, the receiving state has sole discretion in determining whether or not
						to require return of a child to the sending state.
Regulation No. 7
Expedited Placement Decision
1. Intent of Regulation No. 7: The intent of this
						regulation is to expedite ICPC approval or denial by a receiving state for the
						placement of a child with a parent, stepparent, grandparent, adult uncle or
						aunt, adult brother or sister, or the child's guardian, and to:
a) Help protect the safety of children while minimizing
						the potential trauma to children caused by interim or multiple placements while
						ICPC approval to place with a parent or relative is being sought through a more
						comprehensive home study process.
b) Provide the sending state court and/or sending agency
						with expedited approval or denial. An expedited denial would underscore the
						urgency for the sending state to explore alternative placement resources.
2. This regulation shall not apply if:
a) the child has already been placed in violation of the
						ICPC in the receiving state, unless a visit has been approved in writing by the
						receiving state Compact Administrator and a subsequent order entered by the
						sending state court authorizing the visit with a fixed return date in
						accordance with Regulation No. 9.
b) the intention of the sending state is for licensed or
						approved foster care or adoption. In the event the intended placement [must be
						parent, stepparent, grandparent, adult aunt or uncle, adult brother or sister,
						or guardian as per Article VIII(a)] is already licensed or approved in the
						receiving state at the time of the request, such licensing or approval would
						not preclude application of this regulation.
c) the court places the child with a parent from whom
						the child was not removed, the court has no evidence the parent is unfit, does
						not seek any evidence from the receiving state the parent is either fit or
						unfit, and the court relinquishes jurisdiction over the child immediately upon
						placement with the parent.
3. Criteria required before Regulation No. 7 can be
						requested: Cases involving a child who is under the jurisdiction of a court as
						a result of action taken by a child welfare agency, the court has the authority
						to determine custody and placement of the child or has delegated said authority
						to the child welfare agency, the child is no longer in the home of the parent
						from whom the child was removed, and the child is being considered for
						placement in another state with a parent, stepparent, grandparent, adult uncle
						or aunt, adult brother or sister, or the child's guardian, must meet at least
						one of the following criteria in order to be considered a Regulation No. 7
						case:
a) unexpected dependency due to a sudden or recent
						incarceration, incapacitation or death of a parent or guardian. Incapacitation
						means a parent or guardian is unable to care for a child due to a medical,
						mental or physical condition of a parent or guardian, or
b) the child sought to be placed is four years of age or
						younger, including older siblings sought to be placed with the same proposed
						placement resource; or
c) the court finds that any child in the sibling group
						sought to be placed has a substantial relationship with the proposed placement
						resource. Substantial relationship means 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; or
d) the child is currently in an emergency placement.
4. Provisional approval or denial:
a) Upon request of the sending agency and agreement of
						the receiving state to make a provisional determination, the receiving state
						may, but is not required to, provide provisional approval or denial for the
						child to be placed with a parent or relative, including a request for licensed
						placement if the receiving state has a separate licensing process available to
						relatives that includes waiver of non-safety issues.
Upon receipt of the documentation set forth in Section 7
						below, the receiving state shall expedite provisional determination of the
						appropriateness of the proposed placement resource by:
1) performing a physical "walk through" by the receiving
						state's caseworker of the prospective placement's home to assess the residence
						for risks and appropriateness for placement of the child,
2) searching the receiving state's child protective
						services data base for prior reports/investigations on the prospective
						placement as required by the receiving state for emergency placement of a child
						in its custody,
3) performing a local criminal background check on the
						prospective placement,
4) undertaking other determinations as agreed upon by
						the sending and receiving state Compact Administrators, and
5) providing a provisional written report to the
						receiving state Compact Administrator as to the appropriateness of the proposed
						placement.
b) A request by a sending state for a determination for
						provisional approval or denial shall be made by execution of an Order of
						Compliance by the sending state court that includes the required findings for a
						Regulation No. 7 request and a request for provisional approval or denial.
c) Determination made under a request for provisional
						approval or denial shall be completed within seven (7) calendar days of receipt
						of the completed request packet by the receiving state Compact Administrator. A
						provisional approval or denial shall be communicated to the sending state
						Compact Administrator by the receiving state Compact Administrator in writing.
						This communication shall not include the signed Form 100A until the final
						decision is made pursuant to Section 9 below.
d) Provisional placement, if approved, shall continue
						pending a final approval or denial of the placement by the receiving state or
						until the receiving state requires the return of the child to the sending state
						pursuant to paragraph 12 of this regulation.
e) If provisional approval is given for placement with a
						parent from whom the child was not removed, the court in the sending state may
						direct its agency to request concurrence from the sending and receiving state
						Compact Administrators to place the child with the parent and relinquish
						jurisdiction over the child after final approval is given. If such concurrence
						is not given, the sending agency shall retain jurisdiction over the child as
						otherwise provided under Article V of the ICPC.
f) A provisional denial means that the receiving state
						cannot approve a provisional placement pending the more comprehensive home
						study or assessment process due to issues that need to be resolved.
5. Sending agency steps before sending court enters
						Regulation No. 7 Order of Compliance: In order for a placement resource to be
						considered for an ICPC expedited placement decision by a receiving state, the
						sending agency shall take the following minimum steps prior to submitting a
						request for an ICPC expedited placement decision:
1) s/he is interested in being a placement resource for
						the child and is willing to cooperate with the ICPC process.
2) s/he fits the definition of parent, stepparent,
						grandparent, adult brother or sister, adult aunt or uncle, or his or her
						guardian, under Article VIII(a) of the ICPC.
3) the name and correct address of the placement
						resource, all available telephone numbers and other contact information for the
						potential placement resource, and the date of birth and social security number
						of all adults in the home.
4) a detail of the number and type of rooms in the
						residence of the placement resource to accommodate the child under
						consideration and the number of people, including children, who will be
						residing in the home.
5) s/he has financial resources or will access financial
						resources to feed, clothe and care for the child.
6) if required due to age and/or needs of the child, the
						plan for child care, and how it will be paid for.
7) s/he acknowledges that a criminal records and child
						abuse history check will be completed on any persons residing in the home
						required to be screened under the law of the receiving state and that, to the
						best knowledge of the placement resource, no one residing in the home has a
						criminal history or child abuse history that would prohibit the placement.
8) whether a request is being made for concurrence to
						relinquish jurisdiction if placement is sought with a parent from whom the
						child was not removed.
b) The sending agency shall submit to the sending state
						court:
1) the signed written statement noted in 7a, above, and
2) a statement that based upon current information known
						to the sending agency, that it is unaware of any fact that would prohibit the
						child being placed with the placement resource and that it has completed and is
						prepared to send all required paperwork to the sending state ICPC office,
						including the ICPC-100A and ICPC Form 101.
6. Sending state court orders: The sending state court
						shall enter an order consistent with the Form Order for Expedited Placement
						Decision adopted with this modification of Regulation No. 7 subject to any
						additions or deletions required by federal law or the law of the sending state.
						The order shall set forth the factual basis for a finding that Regulation No. 7
						applies to the child in question, whether the request includes a request for a
						provisional approval of the prospective placement and a factual basis for the
						request. The order must also require completion by the sending agency of ICPC
						Form 101 for the expedited request.
7. Time frames and methods for processing of ICPC
						expedited placement decision:
a) Expedited transmissions: The transmission of any
						documentation, request for information under paragraph 10, or decisions made
						under this regulation shall be by overnight mail, facsimile transmission, or
						any other recognized method for expedited communication, including electronic
						transmission, if acceptable. The receiving state shall recognize and give
						effect to any such expedited transmission of an ICPC-100A and/or supporting
						documentation provided 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 if it considers
						them necessary for a legally sufficient record under its laws. Any state
						Compact Administrator may waive any requirement for the form of transmission of
						original documents in the event he or she is confident in the authenticity of
						the forms and documents provided.
b) Sending state court orders to the sending state
						agency: The sending state court shall send a copy of its signed order of
						compliance to the sending state agency within two (2) business days of the
						hearing or consideration of the request. The order shall include the name,
						mailing address, e-mail address, telephone number and FAX number of the clerk
						of court or a designated court administrator of the sending state court
						exercising jurisdiction over the child.
c) Sending agency sends ICPC request to sending state
						ICPC office: The sending state court shall direct the sending agency to
						transmit to the sending state Compact Administrator within three (3) business
						days of receipt of the signed Order of Compliance, a completed ICPC-100A and
						Form 101, the statement required under Paragraph 7 above and supporting
						documentation pursuant to ICPC Article III.
d) Sending State ICPC office sends ICPC Request to
						Receiving State ICPC office: Within two (2) business days after receipt of a
						complete Regulation 7 request, the sending state Compact Administrator shall
						transmit the complete request for the assessment and for any provisional
						placement to the receiving state Compact Administrator. The request shall
						include a copy of the Order of Compliance rendered in the sending state.
e) Timeframe for receiving state ICPC office to render
						expedited placement decision: no later than twenty (20) business days from the
						date that the forms and materials are received by the receiving state Compact
						Administrator, the receiving state Compact Administrator shall make his or her
						determination pursuant to Article III(d) of the ICPC and shall send the
						completed 100-A to the sending state Compact Administrator by expedited
						transmission.
f) Timeframe for receiving state ICPC office to send
						request packet to receiving local agency: The receiving state Compact
						Administrator shall send the request packet to the local agency in the
						receiving state for completion within two (2) business days of receipt of the
						completed packet from the sending state Compact Administrator.
g) Timeframe for receiving state local agency to return
						completed home study to central office: The local agency in the receiving state
						shall return the completed home study to the receiving state Compact
						Administrator within fifteen (15) business days (including date of receipt) of
						receipt of the packet from the receiving state Compact Administrator.
h) Timeframe for receiving state ICPC Compact
						Administrator to return completed home study to sending state: Upon completion
						of the decision process under the timeframes in this regulation, the receiving
						state Compact Administrator shall provide a written report, a 100A approving or
						denying the placement, and a transmittal of that determination to the sending
						state Compact Administrator as soon as possible, but no later than three (3)
						business days after receipt of the packet from the receiving state local agency
						and no more than twenty (20) business days from the initial date that the
						complete documentation and forms were received by the receiving state Compact
						Administrator from the sending state Compact Administrator.
8. Recourse if sending or receiving state determines
						documentation is insufficient:
a) In the event the sending state Compact Administrator
						finds that the ICPC request documentation is substantially insufficient, s/he
						shall specify to the sending agency what additional information is needed and
						request such information from the sending agency.
b) In the event the receiving state Compact
						Administrator finds that the ICPC request documentation is substantially
						insufficient, he or she shall specify what additional information is needed and
						request such information from the sending state Compact Administrator. Until
						receipt of the requested information from the sending state Compact
						Administrator, the receiving state is not required to continue with the
						assessment process.
c) In the event the receiving state Compact
						Administrator finds that the ICPC request documentation is lacking needed
						information but is otherwise sufficient, s/he she shall specify what additional
						information is needed and request such information from the sending state
						Compact Administrator. If a provisional placement is being pursued, the
						provisional placement evaluation process shall continue while the requested
						information is located and provided.
d) Failure by a Compact Administrator in either the
						sending state or the receiving state to make a request for additional
						documentation or information under this paragraph within two (2) business days
						of receipt of the ICPC request and accompanying documentation by him or her
						shall raise a presumption that the sending agency has met its requirements
						under the ICPC and this regulation.
9. Failure of receiving state ICPC office or local
						agency to comply with ICPC Regulation No. 7: Upon receipt of the Regulation No.
						7 request, if the receiving state Compact Administrator determines that it will
						not be possible to meet the timeframes for the Regulation No. 7 request,
						whether or not a provisional request is made, the receiving state Compact
						Administrator shall notify the sending state Compact Administrator as soon as
						practical and set forth the receiving state's intentions in completing the
						request, including an estimated time for completion or consideration of the
						request as a regular ICPC request. Such information shall also be transmitted
						to the sending agency by the sending state Compact Administrator for it to
						consider other possible alternatives available to it.
If the receiving state Compact Administrator and/or
						local state agency in the receiving state fail(s) to complete action for the
						expedited placement request as prescribed in this regulation within the time
						period allowed, the receiving state shall be deemed to be out of compliance
						with this regulation and the ICPC. If there appears to be a lack of compliance,
						the sending state court that sought the provisional placement and expedited
						placement decision may so inform an appropriate court in the receiving state,
						provide that court with copies of relevant documentation and court orders
						entered in the case, and request assistance. Within its jurisdiction and
						authority, the requested court may render such assistance, including the
						holding of hearings, taking of evidence, and the making of appropriate orders,
						for the purpose of obtaining compliance with this regulation and the ICPC.
10. Removal of a child: Following any approval and
						placement of the child, if the receiving state Compact Administrator determines
						that the placement no longer meets the individual needs of the child, including
						the child's safety, permanency, health, well-being, and mental, emotional, and
						physical development, then the receiving state Compact Administrator may
						request the sending state Compact Administrator arrange for the immediate
						return of the child or make alternative placement as provided in Article V (a)
						of the ICPC. The receiving state request for removal may be withdrawn if the
						sending state arranges services to resolve the reason for the requested removal
						and the receiving and sending state Compact Administrators mutually agree to
						the plan. If no agreement is reached, the sending state shall expedite return
						of the child to the sending state within five (5) business days unless
						otherwise agreed in writing between the sending and receiving state Compact
						Administrators.
Regulation No. 8
Change of Placement Purpose
An ICPC-100B should be prepared and sent in accordance
						with its accompanying instructions whenever there is a change of purpose in an
						existing placement, e.g., from foster care to pre-adoption even though the
						placement recipient remains the same. However, when a receiving state or a
						sending state requests a new ICPC-100A in such a case, it should be provided by
						the sending agency and transmitted in accordance with usual procedures for
						processing of ICPC-100As.
Regulation No. 9
Definition of a Visit
1. 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.
2. The purpose of a visit is to provide the child with a
						social or cultural experience of short duration, such as a stay in a camp or
						with a friend or relative who has not assumed legal responsibility for
						providing child care services.
3. It is understood that a visit for twenty-four (24)
						hours or longer will necessarily involve the provision of some services in the
						nature of child care by the person or persons with whom the child is staying.
						The provision of these services will not, of itself, alter the character of the
						stay as a visit.
4. If the child's stay is intended to be for no longer
						than thirty (30) days and if the purpose is as described in Paragraph 2, it
						will be presumed that the circumstances constitute a visit rather than a
						placement.
5. A stay or proposed stay of longer than thirty (30)
						days is a placement or proposed placement, except that a stay of longer
						duration may be considered a visit if it begins and ends within the period of a
						child's vacation from school as ascertained from the academic calendar of the
						school. A visit may not be extended or renewed in a manner which causes or will
						cause it to exceed thirty (30) days or the school vacation period, as the case
						may be. If a stay does not from the outset have an express terminal date, or if
						its duration is not clear from the circumstances, it shall be considered a
						placement or proposed placement and not a visit.
6. A request for a home study or supervision made by the
						person or agency which sends or proposes to send a child on a visit and that is
						pending at the time that the visit is proposed will establish a rebuttable
						presumption that the intent of the stay or proposed stay is not a visit.
7. A visit as defined in this regulation is not subject
						to the Interstate Compact on the Placement of Children.
Regulation No. 10
Guardians
1. Guardian Defined.
As used in the Interstate Compact on the Placement of
						Children (ICPC) and in this Regulation:
a) "Guardian" means a public or private agency,
						organization or institution which holds a valid and effective permanent
						appointment from a court of competent jurisdiction to have custody and control
						of a child, to plan for the child, and to do all other things for or on behalf
						of a child which a parent would have authority and responsibility for doing by
						virtue of an unrestricted parent-child relationship. An appointment is
						permanent for the purposes of this paragraph if the appointment would allow the
						guardianship to endure until the child's age of majority without any court
						review, subsequent to the appointment, of the care that the guardian provides
						or the status of other permanency planning which the guardian has a
						professional obligation to carry out. Guardian also means an individual who is
						a non-agency guardian as defined in subparagraph (b) hereof.
b) "Non-agency guardian" means an individual holding a
						currently valid appointment from a court of competent jurisdiction to have all
						of the authority and responsibility of a guardian as defined in subparagraph
						(a) hereof.
2. Prospective Adoptive Parents Not Guardians.
An individual with whom a child is placed as a
						preliminary to a possible adoption cannot be considered a non-agency guardian
						of the child, for the purpose of determining applicability of ICPC to the
						placement, unless the individual would qualify as a lawful recipient of a
						placement of the child without having to comply with ICPC as provided in
						Article VIII (a) thereof.
3. Effect of Guardianship on ICPC Placements.
a) An interstate placement of a child with a non-agency
						guardian, whose appointment to the guardianship existed prior to consideration
						of the making of the placement, is not subject to ICPC if the sending agency is
						the child's parent, stepparent, grandparent, adult brother or sister, or adult
						uncle or aunt.
b) An appropriate court of the sending agency's state
						must continue its jurisdiction over a non-exempt placement until applicability
						of ICPC to the placement is terminated in accordance with Article V (a) of
						ICPC.
4.
Permanency Status of
						Guardianship.
a) A state agency may pursue a guardianship to achieve a
						permanent placement for a child in the child welfare system, as required by
						federal or state law. In the case of a child who is already placed in a
						receiving state in compliance with ICPC, appointment of the placement recipient
						as guardian by the sending state court is grounds to terminate the
						applicability of the ICPC when the sending and receiving state compact
						administrators concur on the termination pursuant to Article V (a). In such an
						instance, the court which appointed the guardian may continue its jurisdiction
						if it is maintainable under another applicable law.
b) If, subsequent to the making of an interstate
						placement pursuant to ICPC, a court of the receiving state appoints a
						non-agency guardian for the child, such appointment shall be construed as a
						request that the sending agency and the receiving state concur in the
						discontinuance of the application of ICPC to the placement. Upon concurrence of
						the sending and receiving states, the sending agency and an appropriate court
						of the sending state shall close the ICPC aspects of the case and the
						jurisdiction of the sending agency pursuant to Article V (a) of ICPC shall be
						dismissed.
5. Guardian Appointed by Parent.
If the statutes of a jurisdiction so provide, a parent
						who is chronically ill or near death may appoint a guardian for his or her
						children, which guardianship shall take effect on the death or mental
						incapacitation of the parent. A non-agency guardian so appointed shall be
						deemed a non-agency guardian as that term is used in Article VIII (a) of ICPC,
						provided that such non-agency guardian has all of the powers and
						responsibilities that a parent would have by virtue of an unrestricted
						parent-child relationship. A placement with a non-agency guardian as described
						in this paragraph shall be effective for the purposes of ICPC without court
						appointment or confirmation unless the statute pursuant to which it is made
						otherwise provides and if there is compliance with procedures required by the
						statute. However, the parent must be physically present in the jurisdiction
						having the statute at the time that he or she makes the appointment or
						expressly submits to the jurisdiction of the appointing court.
6. Other Definitions of Guardianship Unaffected.
The definitions of "guardian" and "non-agency guardian"
						contained in this regulation shall not be construed to affect the meaning or
						applicability of any other definitions of "guardian" or "non-agency guardian"
						when employed for purposes or to circumstances not having a bearing on
						placements proposed to be made or made pursuant to ICPC.
Regulation No. 11
Responsibility of States to Supervise
						Children
1. Definitions:
a) "Central Compact Office" means the office that
						receives ICPC placement referrals from sending states and sends ICPC placement
						referrals to receiving states. In states that have one central compact office
						that services the entire state, the term "central compact office" has the same
						meaning as "central state compact office" as described in Regulation 5 of the
						ICPC. In states in which ICPC placement referrals are sent directly to
						receiving states and received directly from sending states by more than one
						county or other regional area within the state, the "central compact office" is
						the office within each separate county or other region that sends and receives
						ICPC placement referrals.
b) "Child Welfare Caseworker" means a person assigned to
						manage the cases of dependency children who are in the custody or under the
						supervision of a public child welfare agency.
c) "Public Child Placing Agency" means any government
						child welfare agency or child protection agency or a private entity under
						contract with such an agency, regardless of whether they act on behalf of a
						state, county, municipality or other governmental unit and which facilitates,
						causes or is involved in the placement of a child from one state to another.
d) "Supervision" means monitoring of the child and the
						child's living situation by the receiving state after a child has been placed
						in a receiving state pursuant to an approved placement under Article III(d) of
						the ICPC or pursuant to a child's relocation to a receiving state in accordance
						with Regulation 1 of the ICPC.
2. A receiving state must supervise a child placed
						pursuant to an approved placement under Article III(d) of the Interstate
						Compact on the Placement of Children (ICPC) if supervision is requested by the
						sending state, and;
a) the sending agency is a public child placing agency,
						and
b) the agency that completed the home study for
						placement of the child in the receiving state is a public child placing agency,
						and
c) the child's placement is not in a residential
						treatment center or a group home.
3. Supervision must begin when the child is placed in
						the receiving state pursuant to an approved placement under Article III(d) of
						the ICPC and the receiving state has received a form 100B from the sending
						state indicating the date of the child's placement. Supervision can and should
						begin prior to receipt of the form 100B if the receiving state has been
						informed by other means that the child has been placed pursuant to an approved
						placement under Article III(d) of the ICPC.
4.
a) Supervision must continue until:
1) the child reaches the age of majority or is legally
						emancipated; or
2) the child's adoption is finalized; or
3) legal custody of the child is granted to a caregiver
						or a parent and jurisdiction is terminated by the sending state; or
4) the child no longer resides at the home approved for
						placement of the child pursuant to Article III(d) of the ICPC; or
5) jurisdiction over the child is terminated by the
						sending state; or
6) legal guardianship of the child is granted to the
						child's caregiver in the receiving state; or
7) the sending state requests in writing that
						supervision be discontinued, and the receiving state concurs.
b) Supervision of a child in a receiving state may
						continue, notwithstanding the occurrence of one of the events listed above in
						5(a)(1-7), by mutual agreement of the sending and receiving state's central
						compact offices.
5. Supervision must include face-to-face visits with the
						child at least once each month and beginning no later than 30 days from the
						date on which the child is placed, or 30 days from the date on which the
						receiving state is notified of the child's placement, if notification occurs
						after placement. A majority of visits must occur in the child's home.
						Face-to-face visits must be performed by a Child Welfare Caseworker in the
						receiving state. The purpose of face-to-face visits is to help ensure the
						on-going safety and well-being of the child and to gather relevant information
						to include in written reports back to the Public Child Placing Agency in the
						sending state. If significant issues of concern are identified during a
						face-to-face visit or at any time during a child's placement, the receiving
						state shall promptly notify the central compact office in the sending state in
						writing.
6. The Child Welfare Caseworker assigned to supervise a
						child placed in the receiving state shall complete a written supervision report
						at least once every ninety (90) days following the date of the receipt of the
						form 100B by the receiving state's central compact office notifying the
						receiving state of the child's placement in the receiving state. Completed
						reports shall be sent to the central compact office in the sending state from
						the central compact office in the receiving state. At a minimum such reports
						shall include the following:
a) Date and location of each face-to-face contact with
						the child since the last supervision report was completed.
b) A summary of the child's current circumstances,
						including a statement regarding the on-going safety and well-being of the
						child.
c) If the child is attending school, a summary of the
						child's academic performance along with copies of any available report cards,
						education-related evaluations or Individual Education Program (IEP) documents.
d) A summary of the child's current health status,
						including mental health, the dates of any health-related appointments that have
						occurred since the last supervision report was completed, the identity of any
						health providers seen, and copies of any available health-related evaluations,
						reports or other pertinent records.
e) An assessment of the current placement and caretakers
						(e.g., physical condition of the home, caretaker's commitment to child, current
						status of caretaker and family, any changes in family composition, health,
						financial situation, work, legal involvement, social relationships; child care
						arrangements).
f) A description of any unmet needs and any
						recommendations for meeting identified needs.
g) If applicable, the supervising caseworker's
						recommendation regarding continuation of the placement, return of legal custody
						to a parent or parents with whom the child is residing and termination of the
						sending state's jurisdiction, finalization of adoption by the child's current
						caretakers or the granting of legal guardianship to the child's current
						caretakers.
7.
a) The receiving state shall respond to any report of
						abuse or neglect of a child placed in the receiving state pursuant to an
						approved placement under Article III(d) of the ICPC and will respond in the
						same manner as it would to a report of abuse or neglect of any other child
						residing in the receiving state.
b) If the receiving state determines that a child must
						be removed from his or her home in order to be safe, and it is not possible for
						the child placing agency in the sending state to move the child at the time
						that the receiving state makes this determination, the receiving state shall
						place the child in a safe and appropriate setting in the receiving state. The
						receiving state shall promptly notify the sending state if a child is moved to
						another home or other substitute care facility.
c) The receiving state shall notify the central compact
						office in the sending state of any report of child abuse or neglect of a child
						placed in the receiving state pursuant to an approved placement under Article
						III(d) of the ICPC, regardless of whether or not the report is substantiated.
						Notification of the central compact office in the sending state will occur as
						soon as possible after such a report is received.
d) It is the responsibility of the public child placing
						agency in the sending state to take action to ensure the ongoing safety of a
						child placed in a receiving state pursuant to an approved placement under
						Article III(d) of the ICPC, including return of the child to the sending state
						as soon as possible when return is requested by the receiving state.
e) Pursuant to Article V of the ICPC, it is the
						responsibility of the public child placing agency in the sending state to take
						timely action to relieve the receiving state of any financial burden the
						receiving state has incurred as a result of placing a child into substitute
						care after removing the child from an unsafe home in which the child was
						previously placed by the public child placing agency in the sending state
						pursuant to Article III(d) of the ICPC.
8.
a) The child placing agency in the sending state is
						responsible for case planning for any child placed in a receiving state by the
						child placing agency in the sending state pursuant to an approved placement
						under Article III(d) of the ICPC.
b) The child placing agency in the sending state is
						responsible for the ongoing safety and well-being of any child placed in a
						receiving state by the child placing agency in the sending state pursuant to an
						approved placement under Article III(d) of the ICPC and is responsible for
						meeting any identified needs of the child that are not being met by other
						available means.
c) The receiving state shall be responsible to assist
						the sending state in locating appropriate resources for the child and/or the
						placement resource.
d) The receiving state shall notify the central compact
						office in the sending state in writing of any unmet needs of a child placed in
						the receiving state pursuant to an approved placement under Article III(d) of
						the ICPC.
e) If the child's needs continue to be unmet after the
						notification described in (d) above has occurred, the receiving state may
						require the child placing agency in the sending state to return the child to
						the sending state. Before requiring the return of the child to the sending
						state, the receiving state shall take into consideration the negative impact on
						the child that may result from being removed from his or her home in the
						receiving state and shall weigh the potential for such negative impact against
						the potential benefits to the child of being returned to the sending state.
						Notwithstanding the requirement to consider the potential for such negative
						impact, the receiving state has sole discretion in determining whether or not
						to require return of a child to the sending state.