SOP 1C

R. 3/15/09

R. 8/13/10

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

COA STANDARDS:

  • NA

LEGAL AUTHORITY:

  • P.L.109-239
  • P.L. 109-248
  • P.L. 109-288
  • KRS 199.680
  • KRS 205.634
  • KRS 610.125
  • KRS 610.127
  • KRS 615.030
  • KRS 620.020
  • KRS 620.023
  • KRS 620.130
  • KRS 620.140
  • KRS 620.170
  • 922 KAR 1:140
  • 922 KAR 1:370

INTRODUCTION:

The Cabinet for Health and Family Services (CHFS) cooperates with other states in the interstate planning and placement of children. The federal Interstate Compact on the Placement of Children (ICPC) requirements are enacted in KRS 615.030. The ICPC is an agreement between states when interstate placement is planned for an abused, neglected or dependent child.

The ICPC applies to the following types of situations in which children may be placed in another state:

  • Placement with a parent, legal guardian or relative;
  • Placement into foster care, a group home or a residential treatment facility; or
  • Placement preliminary to an adoption.

The Interstate Compact is primarily for home studies for children who are in the legal custody of the Cabinet and for the supervision of children in approved interstate placements.

The main provisions of the Interstate Compact on the Placement of Children are:

  • The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
  • The sending agency continues to have financial responsibility for support and maintenance of the child during the period of the placement.
  • The sending agency retains jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state.
  • The sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1)The name, date and place of birth of the child;

(2)The identity and address or addresses of the parents or legal guardian; and

(3)The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

CHFS ICPC provides a general email address for staff at

. The email address may be used for inquiries, for

submission and receipt of documentation (status reports, progress reports,

referral packets, etc.), or for any other ICPC information.

As with all foster care cases, reasonable efforts for interstate placement cases must be made in accordance with KRS. 620.140. If reasonable efforts are not required, per KRS 610.127, a permanency hearing is held per KRS 610.125.

Federal legislation H.R.5403 – Safe and Timely Interstate Placement of Foster Children Act of 2006, P.L.109-239 establishes new timelines for Interstate Relative, Foster Care and Adoptive Home Evaluation/Study requirements. A state is required to complete and report on the Interstate Relative, Foster Care or Adoptive Home Evaluation/Study by another state within sixty (60) calendar days, with an incentive payment awarded to the state for each Interstate Relative, Foster Care/AdoptiveHome Study completed within thirty (30) calendar days. The parts of the Foster Care/AdoptiveHome Study involving training and fingerprint checks by the Kentucky State Police and Federal Bureau of Investigations requirements do not have to be completed within the same timelines. The new timeline requirements are outlined in procedures below.