It is the law. It is the law

It is the LAW.

• It is the LAW.

• Washington enacted the Interstate Compact on the Placement of Children (ICPC) in 1971 (RCW 26.34)

• It was drafted in the 1950s in response to problems that state social services agencies encountered when placing children across state lines.

• Agencies had found it difficult to coordinate the provision of services with states to which children were sent.

All states are members, including District of Columbia and the Virgin Islands

• All states are members, including District of Columbia and the Virgin Islands

• The ICPC is uniform state legislation and a legally binding agreement among all states.

Article 1. Purpose and Policy

• Article 1. Purpose and Policy

• It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

•      (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.      (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.     

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.   (d) Appropriate jurisdictional arrangements for the care of children will be promoted.

• (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.   (d) Appropriate jurisdictional arrangements for the care of children will be promoted.

"Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

• "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

• "Sending agency" means 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.

"Receiving state" means 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.

• "Receiving state" means 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.

• "Placement" means the arrangement for the care of a child in a family free or 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.

Placement evaluation prior to placement

• Placement evaluation prior to placement

• ICPC approval of a child specific home study prior to placement

• Assignment of certain responsibilities to the sending and receiving parties-legal, financial, medical and supervision

• Placement be in the child’s best interest

Evaluate the home environment in accordance with requirements of the receiving state

• Evaluate the home environment in accordance with requirements of the receiving state
• Provide the sending state with a complete home study OR a preliminary report on the 60th day
• Preliminary report indicates that the decision to approve or deny the placement request will be delayed until:
• background check results are received and/or
• training/education requirements are completed
• The final report/decision is due within 180 days of the assignment date

Placement identification process

• Placement identification process

• ICPC would apply if:

• CA has jurisdiction; or
• Tribe has jurisdiction and would like to request an ICPC
• Tribes agrees to follow the intent of the Compact
• Receiving state/Tribe agrees to complete ICPC and provide courtesy supervision

The sending state Tribe or Agency Social Worker is responsible for the following:

• The sending state Tribe or Agency Social Worker is responsible for the following:

• Preparing the referral packet

• Retaining custody jurisdiction

• Providing ongoing planning for the child

• Maintaining financial obligations such as:

• IV-E eligibility
• Foster Payment
• Medical Plan
• Child Care
• Counseling, etc.

Reviews and forwards referrals

• Reviews and forwards referrals

• Assures compliance with ICPC law

• Monitors flow of reports

• Monitors placement status

• Assists in resolving problems

Reviews and forwards referrals

• Reviews and forwards referrals

• Assures compliance with ICPC

• Monitors flow of reports

• Assists in resolving problems

• Provides a child specific home study in accordance with state policies

Ensure the selected caregiver has the ability to meet the needs of the child

• Ensure the selected caregiver has the ability to meet the needs of the child

• Provide a current home study that addresses the child’s specific needs and the availability of services in the community to meet those needs

• Provide courtesy supervision and timely reports to the sending state

5 copies of the 100A (DSHS 15-092)

• 5 copies of the 100A (DSHS 15-092)

• 3 copies of each

• Cover letter
• Court order
• Current ISSP
• Title IV-E Summary
• Financial/Medical plan
• Child History
• Birth Certificate and SS Card
• http://ca.dshs.wa.gov/intranet/programs/icpc.asp

REGULATION 1

• REGULATION 1

• REGULATION 7

• REGULATION 9

Child is currently placed with a caregiver in the sending state

• Child is currently placed with a caregiver in the sending state

• Family has a positive home study on file in the sending state

• Family is moving to another state

Family must complete a home study in the new state with positive placement recommendations and ICPC approval

• Family must complete a home study in the new state with positive placement recommendations and ICPC approval

• Receiving state provides supervision while the new home study is completed

Proposed placement is a relative

• Proposed placement is a relative

• AND

• Child or sibling is under the age of 4 OR in emergency shelter, OR court finds that child(ren) has spent a substantial amount of time in the proposed placement’s home

Specific findings are made by the Court

• Specific findings are made by the Court

• Timeframes are set for handling ICPC requests

• Home study must be completed and to the sending state within 20 business days

Stay does not extend beyond 30 days or a school break

• Stay does not extend beyond 30 days or a school break

• NOT extendable or renewable

• Begin date and an end date

• Social experience-short duration

ICPC offices must be officially notified with a child is placed across state lines

• ICPC offices must be officially notified with a child is placed across state lines

• Submit completed 100B (DSHS 15-093) to the HQ’s ICPC office - required to initiate supervision and other critical services in the receiving state

• Coordinate with the supervising case worker, provide information and technical assistance, as needed, to ensure the child’s needs are being met

• Concerns regarding the placement IMMEDIATELY contact the HQ’s ICPC office

Receive written concurrence from the receiving state prior to recommending dismissal

• Receive written concurrence from the receiving state prior to recommending dismissal

• If you open ICPC you must close ICPC by submitting the 100B form to the HQ ICPC office

• withdraw of the ICPC request or finalization of permanent plan

Unfamiliar with the ICPC process

• Unfamiliar with the ICPC process

• Clerical/Administrative tasks

• State laws vary drastically

• Financial/Medical

• Timeframes

• Placement disruptions

• ICPC is very technical in nature

Child is placed prior to ICPC approval

• Child is placed prior to ICPC approval

• Child is sent on a “visit“ pending ICPC approval

• Recommending dismissal or transfer of jurisdiction prior to receiving concurrence from the receiving state

COMMUNICATION!!!

• COMMUNICATION!!!

• Plan ahead-start early

• Keep ICPC in the loop

• Maintain contact with the prospective family and the ICPC unit

• Don’t assume anything

Karen Dinan –Senior Counsel

• Karen Dinan –Senior Counsel

• [phone]

• Maya Brown-Interstate Compact Supervisor

• [phone]

• Nancy Rowswell- ICPC Program Manager

• [phone]

• Delores Dang A-G

• [phone]

• Dorene Short H-Q

• [phone]

• Sean Carlson R-Z

• [phone]

• [e-mail] ( ICPC Staff ONLY)

• http://ca.dshs.wa.gov/intranet/programs/icpc.asp