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-III - DEFINITIONS

Current through June 25, 2024
Age of Majority -
the chronological time when
					 a child legally ceases to be considered a minor and assumes legal control over
					 his/her person, actions and decisions, thereby terminating the legal authority,
					 control and responsibility of his/her parents, custodian or guardian. The term
					 generally applies to individuals from age 18 to 21.
Approved Placement -
See
Regulation 3 Definitions (7)
Assessment -
an evaluation of a prospective
					 placement by a public child placing agency in the Receiving State to determine
					 if the placement meets the individualized needs of the child, including but not
					 limited to the child's safety and stability, health and well-being, and mental,
					 emotional, and physical development. An assessment is applicable only to a
					 placement by a public child placing agency.
CFSA
- a generic acronym used, for purposes
					 of this policy, to identify every state's child and family services agency.
Compact Administrator -
the Director of a
					 state CFSA.
Deputy Compact Administrator
- the Program
					 Manager of a state ICPC office or his/her immediate supervisor.
Child -
See
Regulation 3
					 Definitions (13)
Compact
- an abbreviated name for the ICPC.
Contracted Child Placing Agency -
any private
					 corporation, agency, foundation, institution, or charitable organization, or
					 any private person or attorney that facilitates, causes, or is involved in the
					 placement of a child from one state to another and that is not an
					 instrumentality of the state or acting under color of state law.
Emancipation
-
See
Regulation 3 Definitions (22).
Foster Care -
See
Regulation
					 3 Definitions (26).
Home State -
the state in which a child lived
					 with a parent or a person acting as a parent for at least six consecutive
					 months immediately preceding the time of filing of a petition or comparable
					 pleading for support and, if a child is less than six months old, the state in
					 which the child lived from birth with a parent or a person acting as a parent.
A period of temporary absence is counted as part of the
					 six-month or other period. For purposes of the ICPC if a child is under the
					 jurisdiction of a Mississippi Court or under the control and custody of a
					 Mississippi Agency the child's home state is Mississippi.
Home Study -
See
Regulation
					 3 Definitions (30).
ICPC -
See
Regulation 3
					 Definitions (31).
Interstate Compact Specialist -
an employee
					 of CFSA ICPC office who is responsible for processing ICPC referrals under the
					 supervision of the Deputy Compact Administrator.
Jurisdiction -
See
Regulation 3 Definitions (36).
Kinship Care -
the care given to a child when
					 s/he is placed with an individual who is at least 21 years of age and either: a
					 relative of the foster child by blood, marriage, or adoption; an individual,
					 identified by a relative of the foster child by blood, marriage, or adoption,
					 in a sworn affidavit, to have close personal or emotional ties with the foster
					 child or child's family which pre-dated the child's placement with the
					 individual.
Legal Guardianship -
See
Regulation 3 Definitions (38).
Legal Risk Placement -
See
Regulation 3 Definitions (39).
MDHS/ICPC Unit/Administrator/Specialist -
Mississippi's ICPC Unit is housed at State Office. All ICPC requests (incoming
					 and outgoing) must come through the MDHSICPC Unit. There are no county or
					 regional ICPC units in any Member State.
Member State -
a state that has enacted the
					 ICPC. (
See also
, "Party State" below)
Non-Custodial Parent -
See
Regulation 3 Definitions (42).
Party State -
also known as "Member State" or
					 "Receiving State" or "Sending State".
Permanency -
a process that includes
					 involvement of the youth as a participant or leader in finding a permanent
					 connection with at least one (1) committed adult who provides:
* a safe, stable, and secure parenting relationship,
* love, unconditional commitment,
* lifelong support in the context of reunification,
* a legal adoption or guardianship, where possible, and
* the opportunity to maintain contacts with important
					 persons including siblings.
Physical Custody -
physical possession of a
					 child by any person. It is considered to be the date a child entered into
					 foster care.
Placement
-
See
Regulation 3
					 Definitions (48).
Priority Request -
a court order to expedite
					 the placement of a child in another state that meets the legal requirements of
					 ICPC Regulation VII for a priority placement.
Progress Reports -
reports completed by the
					 child's Sending State's worker, usually on a quarterly basis, once a child has
					 been placed in a Receiving State pursuant to this Compact.
Provisional Placement -
See
Regulation 3 Definitions (53).
Receiving Agency -
the agency in the state in
					 which the child is to be placed.
Receiving State -
See
Regulation 3 Definitions (55).
Relative -
See
Regulation 3
					 Definitions (56).
Residential Facility -
See
Regulation 3 Definitions (60).
Resource Provider -
a person (individual or
					 organization) who is responsible for a child/youth (age birth to 21 years) who
					 is in placement through ICPC, such as:
* a caretaker,
* employee or volunteer, whether compensated or
					 non-compensated,
* in an out-of-home care setting who is responsible for
					 the child's/youth's welfare;
* a person who legally or voluntarily assumes the care,
					 custody, maintenance or support of the child/youth; and
* any other staff person in an out-of-home care setting
					 regardless of whether or not the person is responsible for the care or
					 supervision of the child/youth.
Sending Agency/Agent -
the agency/agent from
					 which the placement of a child is initiated. Miss. Code Ann. §
					 43-18-1.II.b. specifically defines "the Sending Agency" as:
a party state, officer or employee thereof; a
					 subdivision of a party state, or officer or employee thereof; a court of a
					 party state; a person, corporation, association, charitable agency or other
					 entity which sends, brings, or causes to be sent or brought any child to
					 another party state.
Sending State -
See
Regulation 3 Definitions (63).
State -
See
Regulation 3
					 Definitions (65).
Supervision -
See
Regulation
					 3 Definitions (68).
Supervision Reports -
See
Regulation 3 Definitions (69). (
See
Appendix A)
Title IV-E Eligibility Status -
determination
					 of whether a child in need of an out-of-state placement will be eligible for
					 Medicaid. This information may be obtained from the Eligibility Unit in the
					 Sending State.
Visit/Visitation -
See
Regulation 9 (1-7)
Form ICPC-100A -
a form initiated by the
					 Sending Agency to request approval to place a child in another state. It
					 provides relevant information regarding the placement and serves as the actual
					 contract between the Sending and Receiving States. A placement cannot be made
					 until the Compact Administrators (or designee) from both states have approved
					 and signed the ICPC-100A.
Form ICPC-100B
- a form used to confirm the
					 placement of a child in a Receiving State with an approved ICPC resource. It
					 serves the following additional purposes: (a) as a report on the child's
					 placement status, indicating the date of placement or a change in placement;
					 and (b) is prepared for other status changes in cases, such as withdrawal of
					 the proposed placement request; completion of child's treatment, custody of the
					 child is transferred to a relative or parent, status change from foster care to
					 adoption, child reaches the age of majority or is legally emancipated, Sending
					 State terminates jurisdiction with/without concurrence of the Receiving State;
					 child returns to Sending State, child moves to another state, or the approved
					 resource is not used for the placement.
Regulation No. 3
Definitions and Placement Categories: Applicability
					 and Exemptions
1. Intent of Regulation No. 3: To provide guidance in
					 navigating the ICPC regulations and to assist its users in understanding which
					 interstate placements are governed by, and which are exempt from, the ICPC.
(a) 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 placement of
					 the child in the receiving state.
(b) Age restrictions: The ICPC Articles and Regulations do
					 not specify an age restriction at time of placement, but rather use the broad
					 definition of "child." The sending state law may permit the extension of
					 juvenile court jurisdiction and foster care maintenance payments to eligible
					 youth up to age 21. Consistent with Article V, such youth should be served
					 under ICPC if requested by the sending agency and with concurrence of the
					 receiving state.
2. Placement categories requiring compliance with ICPC:
					 Placement of a child requires compliance with the Compact if such placement is
					 made under one of the following four types of placement categories:
(a) Four types of placement categories:
(1) Adoptions: Placement preliminary to an adoption
					 (independent, private or public adoptions)
(2) Licensed or approved foster homes (placement with
					 related or unrelated caregivers)
(3) Placements with parents and relatives when a parent or
					 relative is not making the placement as defined in Article VIII (a)
					 "Limitations"
(4) Group homes/residential placement of all children,
					 including adjudicated delinquents in institutions in other states as defined in
					 Article VI and Regulation No. 4.
(b) Court involvement and court jurisdiction legal status
:
The above placement categories may involve placement by persons
					 and/or agencies that at the time of placement may not have any court
					 involvement (i.e., private/independent adoptions and residential placements).
					 Where there is court jurisdiction with an open court case for dependency,
					 abandonment, abuse and/or neglect, the case is considered a public court
					 jurisdiction case, which requires compliance with ICPC Article III
					 (
see
Regulations No. 1, No. 2, No. 7 and No. 11) note
					 exemption for selected "parent" cases as described below in Section 3, "cases
					 that are exempt from ICPC regulations. In most public court jurisdiction cases
					 the court has taken guardianship and legal custody away from the "offending"
					 caregiver and has given it to a third party at the time placement of the child
					 is made with an alternative caregiver. However, in select cases identified
					 below, the sending court may not have taken guardianship or legal custody away
					 from the parent/guardian, when the ICPC-100A -2- ICPC .requesting permission to
					 place is sent to the receiving state. Those cases are identified on the
					 ICPC-100A with the legal status of "court jurisdiction only" as explained
					 below.
(c) Court jurisdiction only: The sending court has an open
					 abuse, neglect or dependency case that establishes court jurisdiction with the
					 authority to supervise, remove and/or place the child. Although the child is
					 not in the guardianship/custody of an agency or the court at the time of
					 completing ICPC-100A, the agency or the court may choose to exert legal
					 authority to supervise and or remove and place the child and therefore is the
					 sending agency. As the sending agency/court it would have specified legal
					 responsibilities per ICPC Article V, including the possible removal of the
					 child if placement in the receiving state disrupts or the receiving state
					 requests removal of the child. There are several possible situations where
					 "court jurisdiction only" might be checked as the "legal status" on the
					 ICPC-100A:
(1) Residential placement (Regulation No. 4): The court has
					 jurisdiction, but in some situations, such as with some probation (delinquent)
					 cases, guardianship remains with the parent/relative, but the court/sending
					 agency is seeking approval to place in a receiving state residential treatment
					 program, and has authority to order placement and removal.
(2) Contingency/concurrent request in cases where removal
					 may become necessary (Regulations No. 2 or No. 7): The child may be in the
					 custody of the offending parent or relative while the public agency tries to
					 bring the family into compliance with court orders and or agency service (case)
					 plan. (Some states call this an order of "protective supervision" or "show
					 cause.") The court may have requested an ICPC home study on a possible
					 alternative caregiver in a receiving state. It is understood at time of
					 placement the court would have guardianship/legal custody and Article V would
					 be binding.
(3) Parent/relative relocated to receiving state
					 (Regulation No. 1): If the sending court selects to invoke ICPC Article V and
					 to retain court jurisdiction even though the family/relative has legal
					 guardianship/custody and has moved to the receiving state, then the sending
					 court may request a home study on the parent/relative who has moved with the
					 child to the receiving state. By invoking ICPC the sending court is bound under
					 Article V. If the receiving state determines the placement to be contrary to
					 the interests of the child, the sending court must order removal of the child
					 and their return to the sending state or utilize an alternative approved
					 placement resource in the receiving state. The ICPC-100A must be signed by the
					 sending judge or authorized agent of the public agency on behalf of the sending
					 court in keeping with ICPC Article V.
3. Placements made without ICPC protection:
(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. 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.
(c) Placements made by private individuals with legal
					 rights to place: Pursuant to Article VIII (a), this Compact does not apply to
					 the sending or bringing of a child into a receiving state by the child's
					 parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt,
					 or the child's non-agency guardian and leaving the child with any such parent,
					 relative or non-agency guardian in the receiving state, provided that such
					 person who brings, sends, or causes a child to be sent or brought to a
					 receiving state is a person whose full legal right to plan for the child: (1)
					 has been established by law at a time prior to initiation of the placement
					 arrangement, and (2) has not been voluntarily terminated, or diminished or
					 severed by the action or order of any court.
(d) Placements handled in divorce, paternity or probate
					 courts: The compact does not apply in court cases of paternity, divorce,
					 custody, and probate pursuant to which or in situations where children are
					 being placed with parents or relatives or non-relatives.
(e) Placement of children pursuant to any other Compact:
					 Pursuant to Article VIII (b), the Compact does not apply to any placement,
					 sending or bringing of a child into a receiving state pursuant to any other
					 interstate Compact to which both the state from which the child is sent or
					 brought and the receiving state are party, or to any other agreement between
					 said states which has the force of law.
4.
Definitions
: The purpose of this section is
					 to provide clarification of commonly used terms in ICPC. Some of these words
					 and definitions can also be found in the Interstate Compact on the Placement of
					 Children, ICPC Regulations, Interstate Compact on Juveniles, and federal
					 statutes and regulations.
(Note: source of definition is identified right
					 after the word prior to the actual definition.)
(1)
Adoption
: the method provided by state law
					 that establishes the legal relationship of parent and child between persons who
					 are not so related by birth or some other legal determination, with the same
					 mutual rights and obligations that exist between children and their birth
					 parents. This relationship can only be termed adoption after the legal process
					 is complete (
see
categories or types of ICPC adoptions below).
(2)
Adoption categories
:
(a)
Independent adoption
:
					 adoptions arranged by a birth parent, attorney, other intermediary, adoption
					 facilitator or other person or entity as defined by state law.
(b)
Private agency adoption
:
					 an adoption arranged by a licensed agency whether domestic or international
					 that has been given legal custody or responsibility for the child including the
					 right to place the child for adoption.
(c)
Public adoption
:
					 Adoptions for public court jurisdiction cases.
(3)
Adoption home study
: (definition listed
					 under "home studies")
(4)
Adjudicated delinquent
: a person found to
					 have committed an offense that, if committed by an adult, would be a criminal
					 offense.
(5)
Adjudicated status offender
: a person
					 found to have committed an offense that would not be a criminal offense if
					 committed by an adult.
(6)
Age of majority
: the legally defined age
					 at which a person is considered an adult with all the attendant rights and
					 responsibilities of adulthood. The age of majority is defined by state laws,
					 which vary by state and is used in Article V, "...reaches majority, becomes
					 self-supporting or is discharged with the concurrence of the appropriate
					 authority in the receiving state" (
see
definition below of
					 "child" as it appears in Article II).
(7)
Approved placement
: the receiving state
					 Compact Administrator has determined that "the proposed placement does not
					 appear to be contrary to the interests of the child."
(8)
Boarding home
: as used in Article II (d)
					 of the ICPC, means the home of a relative or unrelated individual whether or
					 not the placement recipient receives compensation for care or maintenance of
					 the child, foster care payments, or any other payments or reimbursements on
					 account of the child's being in the home of the placement recipient (has same
					 meaning as family free).
(9)
Case history
: an organized record
					 concerning an individual, their family and environment that includes social,
					 medical, psychological and educational history and any other additional
					 information that may be useful in determining appropriate placement.
(10)
Case plan
: (
see
"service
					 plan" definition)
(11)
Central Compact office
: 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 No. 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.
(12)
Certification
: to attest, declare or
					 swear to before a judge or notary public.
(13)
Child
: a person, who by reason of
					 minority, is legally subject to parental guardianship or similar control.
(14)
Child welfare caseworker
: a person
					 assigned to manage the cases of dependency children who are in the custody of a
					 public child welfare agency and may include private contract providers of the
					 responsible state agency.
(15)
Concurrence to discharge
: when the
					 receiving ICPC office gives the sending agency written permission to terminate
					 supervision and relinquish jurisdiction of its case pursuant to Article V
					 leaving the custody, supervision and care of the child with the placement
					 resource.
(16)
Concurrence
: when the receiving and
					 sending Compact Administrator agree to a specific action pursuant to ICPC,
					 i.e., decision as to providers.
(17)
Conditions for placement
: as established
					 by Article III apply to any placement as defined in Article II(d) and
					 regulations adopted by action of the Association of Administrators of the
					 Interstate Compact on the Placement of Children.
(18)
Courtesy
: consent or agreement between
					 states to provide a service that is not required by ICPC.
(19)
Courtesy check
: a process that does not
					 involve the ICPC, used by a sending court to check the home of a parent from
					 whom the child was not removed.
(20)
Court jurisdiction only cases
: the
					 sending court has an open abuse, neglect or dependency case that establishes
					 court jurisdiction with the authority to supervise and/or remove and place the
					 child for whom the court has not taken guardianship or legal custody.
(21)
Custody
: (
see
physical
					 custody,
see
legal custody)
(22)
Emancipation
: the point at which a minor
					 becomes self-supporting, assumes adult responsibility for his or her welfare,
					 and is no longer under the care of his or her parents or child placing agency,
					 by operation of law or court order.
(23)
Emergency placement
: a temporary
					 placement of 30 days or less in duration.
(24)
Family free
: as used in Article II (d) of
					 the ICPC means the home of a relative or unrelated individual whether or not
					 the placement recipient receives compensation for care or maintenance of the
					 child, foster care payments, or any other payments or reimbursements on account
					 of the child's being in the home of the placement recipient (has same meaning
					 as boarding home).
(25)
Family unit
: a group of individuals
					 living in one household.
(26)
Foster care
: If 24-hour-a-day care is
					 provided by the child's parent(s) by reason of a court-ordered placement (and
					 not by virtue of the parent-child relationship), the care is foster care. In
					 addition to the federal definition (
					 45
					 C.F.R. §
											1355.20 "Definitions") this
					 includes 24-hour substitute care for children placed away from their parents or
					 guardians and for whom the state agency has placement and care responsibility.
					 This includes, but is not limited to, placements in foster family homes, foster
					 homes of relatives, group homes, emergency shelters, residential facilities,
					 child care institutions and pre-adoptive homes. A child is in foster care in
					 accordance with this definition regardless of whether the foster care facility
					 is licensed and payments are made by the state or local agency for the care of
					 the child, whether adoption subsidy payments are being made prior to the
					 finalization of an adoption, or whether there is federal matching of any
					 payments that are made.
(27)
Foster home study
: (
see
definition under home studies)
(28)
Foster parent
: a person, including a
					 relative or non-relative, licensed to provide a home for orphaned, abused,
					 neglected, delinquent or disabled children, usually with the approval of the
					 government or a social service agency.
(29)
Guardian
[
see
ICPC
					 Regulation No. 10 section 1(a)]: a public or private agency, organization or
					 institution that 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 for which a
					 parent would have authority and responsibility for doing so 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 that the guardian has a professional obligation to
					 carry out.
(30)
Home Study
(
see
Safe and
					 Timely Interstate Placement of Foster Children Act of 2006): an evaluation of a
					 home environment conducted in accordance with applicable requirements of the
					 state in which the home is located, to determine whether a proposed placement
					 of a child would meet the individual needs of the child, including the child's
					 safety, permanency, health, well-being, and mental, emotional and physical
					 development.
(a)
Adoption home study
: a
					 home study conducted for the purpose of placing a child for adoption with a
					 placement resource. The adoption home study is the assessment and evaluation of
					 a prospective adoptive parent(s).
(b)
Foster home study
: a
					 home study conducted for the purpose of placing a child with a placement
					 resource who is required to be licensed or approved in accordance with federal
					 and/or receiving state law.
(c)
Interstate home study
(
see
Federal Safe and Timely Act): a home study conducted by a
					 state at the request of another state, to facilitate an adoptive or foster care
					 placement in the state of a child in foster care under the responsibility of
					 the state [
see
foster care definition(s)].
(d)
Parent home study
:
					 applies to the home study conducted by the receiving state to determine whether
					 a parent placement meets the standards as set forth by the requirements of the
					 receiving state.
(e)
Relative home study
: a
					 home study conducted for the purpose of placing a child with a relative. Such a
					 home study may or may not require the same level of screening as required for a
					 foster home study or an adoptive home study depending upon the applicable law
					 and/or requirements of the receiving state.
(f)
Non-relative home study
:
					 a home study conducted for the purpose of placing a child with a non-relative
					 of the child. Such a home study may or may not require the same level of
					 screening as required for a foster home study or an adoptive home study
					 depending upon the applicable law and/or requirements of the receiving state.
(g)
Safe and Timely Interstate Home Study
					 Report
(
see
Federal Safe and Timely Act): an
					 interstate home study report completed by a state if the state provides to the
					 state that requested the study, within 60 days after receipt of the request, a
					 report on the results of the study. The preceding sentence shall not be
					 construed to require the state to have completed, within the 60-day period, the
					 parts of the home study involving the education and training of the prospective
					 foster or adoptive parents.
(31)
ICPC
: a Compact between states and
					 parties pursuant to law, to ensure protection and services to children who are
					 placed across state lines.
(32)
Independent adoption entity
: any
					 individual authorized in the sending state to place children for adoption other
					 than a state, county or licensed private agency. This could include courts,
					 private attorneys and birth parents.
(33)
Intrastate
: existing or occurring within
					 a state
(34)
Interstate
: involving, connecting or
					 existing between two or more states.
(35)
Interstate home study
:
					 (
see
definition under Home studies).
(36)
Jurisdiction
: the established authority
					 of a court to determine all matters in relation to the custody, supervision,
					 care and disposition of a child.
(37)
Legal custody
: court-ordered or statutory
					 right and responsibility to care for a child either temporarily or permanently.
(38)
Legal guardianship
(
see
45
					 C.F.R. §
											1355.20 "Definitions"): a
					 judicially created relationship between child and caretaker that is intended to
					 be permanent and self-sustaining as evidenced by the transfer to the caretaker
					 of the following parental rights with respect to the child: protection,
					 education, care and control of the person, custody of the person, and
					 decision-making. The term legal guardian means the caretaker in such a
					 relationship.
(39)
Legal risk placement
(legal risk
					 adoption): a placement made preliminarily to an adoption where the prospective
					 adoptive parents acknowledge in writing that a child can be ordered returned to
					 the sending state or the birth mother's state of residence, if different from
					 the sending state, and a final decree of adoption shall not be entered in any
					 jurisdiction until all required consents or termination of parental rights are
					 obtained or are dispensed with in accordance with applicable law.
(40)
Member state
: a state that has enacted
					 this Compact (
see
also definition of state).
(41)
Non-agency guardian
[
see
ICPC Regulation No. 10 section 1(b)]: 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 ICPC Regulation No. 10 section
					 1(a).
(42)
Non-custodial parent
: a person who, at
					 the time of the commencement of court proceedings in the sending state, does
					 not have sole legal custody of the child or physical custody of a child.
(43)
Non-offending parent
: the parent who is
					 not the subject of allegations or findings of child abuse or neglect.
(44)
Non-relative
: a person not connected to
					 the child by blood, marriage or adoption, or otherwise defined by the sending
					 or receiving state.
(45)
Parent
: a biological, adoptive parent or
					 legal guardian as determined by applicable state law and is responsible for the
					 care, custody and control of a child or upon whom there is legal duty for such
					 care.
(46)
Parent home study
: (
see
definition under home studies)
(47)
Physical custody
: Person or entity with
					 whom the child is placed on a day-to-day basis.
(48)
Placement
(
see
ICPC
					 Article II (d) "Definitions"): the arrangement for the care of a child in a
					 family free, in a boarding home or in a child-caring agency or institution, but
					 does not include any institution caring for the mentally ill, mentally
					 defective or epileptic, or any institution primarily educational in character,
					 and any hospital or other medical facility.
(50)
Progress report
: (
see
"supervision report" definition)
(51)
Provisional approval
: an initial decision
					 by the receiving state that the placement is approved subject to receipt of
					 required additional information before final approval is granted.
(52)
Provisional denial
: the receiving state
					 cannot approve a provisional placement pending a more comprehensive home study
					 or assessment process due to issues that need to be resolved.
(53)
Provisional placement
: a determination
					 made in the receiving state that the proposed placement is safe and suitable
					 and, to the extent allowable, the receiving state has temporarily waived its
					 standards or requirements otherwise applicable to prospective foster or
					 adoptive parents so as to not delay the placement. Completion of the receiving
					 state requirements regarding training for prospective foster or adoptive
					 parents shall not delay an otherwise safe and suitable placement.
(54)
Public child-placing agency
: 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.
(55)
Receiving state
(
see
ICPC Article II (c) "Definitions"): the state to which a child is sent, brought
					 or caused to be sent or brought, whether by public authorities or private
					 persons or agencies, and whether for placement with state or local public
					 authorities or for placement with private agencies or persons.
(56)
Relative
: a birth or adoptive brother,
					 sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece,
					 nephew, as well as relatives of half-blood or marriage and those denoted by the
					 prefixes of grand and great, including grandparent or great grandparent, or as
					 defined in state statute for the purpose of foster and or adoptive placements.
(57)
Non-relative
: a person not connected to
					 the child by blood, marriage or adoption.
(58)
Relative home study
:
					 (
see
definition under home studies)
(59)
Relocation
: the movement of a child or
					 family from one state to another.
(60)
Residential facility or residential treatment
					 center or group home
: a facility providing a level of 24-hour,
					 supervised care that is beyond what is needed for assessment or treatment of an
					 acute condition. For purposes of the Compact, residential facilities do not
					 include institutions primarily educational in character, hospitals or other
					 medical facilities (as used in Regulation 4, they are defined by the receiving
					 state).
(61)
Return
: the bringing or sending back of a
					 child to the state from which they came.
(62)
Sending agency
: (
see
ICPC Article II (b) "Definitions"): a party state, officer or employee thereof;
					 a subdivision of a party state, or officer or employee thereof; a court of a
					 party state; a person, corporation, association, charitable agency or other
					 entity having legal authority over a child who sends, brings, or causes to be
					 sent or brought any child to another party state.
(63)
Sending state
: the state where the
					 sending agency is located, or the state in which the court holds exclusive
					 jurisdiction over a child, which causes, permits or enables the child to be
					 sent to another state.
(64)
Service (
case
) plan
: a
					 comprehensive individualized program of action for a child and his/her family
					 establishing specific goals and objectives and deadlines for meeting these
					 goals and objectives.
(65)
State
: a state of the United States, the
					 District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
					 Guam, American Samoa, the Northern Marianas Islands, and any other territory of
					 the United States.
(66)
State court
: a judicial body of a state
					 that is vested by law with responsibility for adjudicating cases involving
					 abuse, neglect, deprivation, delinquency or status offenses of individuals who
					 have not attained the age of eighteen (18) or as otherwise defined by state
					 law.
(67)
Stepparent
: a man or woman married to a
					 parent of a child at the time of the intended placement or as otherwise defined
					 by the sending and/or receiving state laws, rules and/or regulations.
(68)
Supervision
: 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 a provisional approval or 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 No. 1 of the ICPC.
(69)
Supervision report
: provided by the
					 supervising case worker in the receiving state; a written assessment of a
					 child's current placement, school performance and health and medical
status, a description of any unmet needs and a
					 recommendation regarding continuation of the placement.
(70)
Timely Interstate Home Study
:
					 (
see
definition under home studies)
(71)
Visit
: as defined in Regulation No. 9.