ICPC: How to Navigate Across State Lines and Indian

Country

The ICPC ProcessThe ICPC Process

Karen DinanSenior Counsel

Office of the Assistant Attorney General

Maya BrownDeputy Compact Administrator

Interstate Compact on the Placement for ChildrenDepartment of Social and Health Services

Why do I need ICPC?

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.

Why do I need ICPC – cont’d

• 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.

Chapter 26.34 RCW

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.

    

Chapter 26.34 RCW – cont’d

(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.

Definitions

• "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.

Definitions – cont’d

• "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.

The Law Requires

• 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

Safe and Timely Interstate Placement of Foster Children Act of 2006• 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

Boarding schoolsMedical facilities

Mental Health facilitiesRelative to relative (not dependent)

Job corpsMilitaryVisits

Parent Relative FosterAdoptive Group home Residential

Placements Excluded from the ICPC:

Placements Covered by ICPC:

Placement of an Indian child• 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

Responsibilities of Sending Tribe or AgencyThe 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.

Responsibilities of HQ’s ICPC Office• Reviews and forwards referrals

• Assures compliance with ICPC law

• Monitors flow of reports

• Monitors placement status

• Assists in resolving problems

Responsibilities of the Receiving State • 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

Responsibilities of the Receiving Tribe

• 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

ICPC Request Checklist

• 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

SPECIAL CASES AND CIRCUMSTANCES

• REGULATION 1

• REGULATION 7

• REGULATION 9

Regulation 1-Relocation of a Family Unit

• 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

Regulation 1-Relocation of a Family Unit

• 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

Regulation 7-Priority ICPC Request• 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

Regulation 7- Priority ICPC Request

• 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

Regulation 9-Visits

• 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

Ready, Set, Place• 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

Closing ICPC

• 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

Challenges

• Unfamiliar with the ICPC process

• Clerical/Administrative tasks

• State laws vary drastically

• Financial/Medical

• Timeframes

• Placement disruptions

• ICPC is very technical in nature

Things to Avoid

• 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

Tips for making ICPC successful• COMMUNICATION!!!

• Plan ahead-start early

• Keep ICPC in the loop

• Maintain contact with the

prospective family and the ICPC unit

• Don’t assume anything

WE ARE HERE TO ASSIST!Karen Dinan –Senior Counsel

(360) 586-6506

Maya Brown-Interstate Compact Supervisor

(360)902-7984

Nancy Rowswell- ICPC Program Manager

(360)902-8027

Delores Dang A-G

(360)902-7868

Dorene Short H-Q

(360)902-7987

Sean Carlson R-Z

(360) 902-7908

First.last@dshs.wa.gov ( ICPC Staff ONLY)

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