An Overview of the Interstate Compact on the Placement of Children

1. An Overview of the Interstate Compact on the Placement of Children Presented by: The Pennsylvania Interstate Compact Office

2. Adoption Overview To help keep track of requirements and what type of agency they apply to… Only to Private Agencies are marked: • In Purple with a Circle Only to Public Agencies are marked: • In Blue with a diamond To both types of agencies are marked: • In black with an arrow; or when emphasis is needed • In green with a square

3. Adoption Overview • Understanding what a compact is: • What is a compact? • A COMPACT is a binding agreement among states that has the force of statutory law in each party state. It serves as a reciprocal instrument to ensure interstate cooperation. It creates a relationship mutually adopted by state legislature and sanctioned by constitutional law.

4. Adoption Overview • Understanding what a compact is: • What does that really mean? • It means the compact: • Has the force of statutory law; • Is identical in all 50 states; and it • Acts as a legally binding contract. • The compact legislation can be found in PA Statutes Title 62 Subsection 761, and Interstate Compact regulations are covered in Title 55, Subsection Chapter 3130.41

5. Adoption Overview • Understanding what a compact is: • Why do we need a compact? • The compact provides protection and increases uniformity for sending and receiving states by: • Regulating interstate movement of children; • Ensuring enforcement in other states; • Provides monitoring of placements; • Clarifies responsibilities; and • Expands a states jurisdiction.

6. Adoption Overview • Understanding what a compact is: • What legal protections does the compact provide? • The compact provides or demonstrates: • The authority to place the child; • Assures the return of the child; • Allows access to services and reports; • Affixes financial responsibilities; • Prior consent for placement of the child; & • Enforcement of penalties for illegal placements.

7. Adoption Overview • When is it required to use the compact? • Anytime an agency sends, brings or causes to be sent or brought into any other party state any child for placement in foster care or as a preliminary to possible adoption (Article III, ICPC). • Article VIII of the ICPC specifies what placements do not fall under the compact. • by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.

8. Adoption Overview • What does the compact require: • As a general overview the compact requires: • Notice and evaluation prior to placement; • Written approval from the receiving state prior to placement; • Assignment of legal responsibilities; • Progress reports; • Compliance with the laws of both states; & • Placement isn’t contrary to the interests of the child.

9. Adoption Overview • The ICPC Adoption Process: • The process starts with: A sending agency creating a placement request packet and sending the packet to the sending state ICPC office. • What goes into an ICPC packet? • A completed 100A form*; • A Cover letter consisting of: • Request for approval as well as the signature of the person requesting the approval; • Identifying the child, birth parent(s), adoptive parent(s), and supervising agency; • A statement regarding how the match was made; • Name of the intermediary (if any); • Name of the supervising agency; • Statement of change of placement from foster care to adoptive placement, or placement is a new placement

10. Adoption Overview • A placement packet has: • Consents* signed by both birth parents; • Jurisdictional waivers* and receiving state consents signed by both birth parents; or • An affidavit (dependent on situation); or • Termination of Parent Rights Court Order(s). • Consents or waivers are needed for all identified putative fathers and husband. • A statement detailing how the rights of all parents shall be legally addressed. • Statement of Compliance with Indian Child Welfare Act (25 U.S.C 1901, et. seq.); • Birth Parent Information consisting of: • Social history; • Medical history; • Ethnic background; and • Reasons for adoption plan.

11. A placement packet has: • Current case history for the child containing: • Custodial and social history; • Chronology of court involvement; • Educational information; and • Medical history and any special needs/services. • For infants a minimum of medical records of the birth and discharge summary are needed. • Letter agreeing to supervise from receiving agency. • Public agencies need statement of contract completion/negotiation on letterhead from the receiving private agency. These are the general requirements for a compact placement, below are specifics depending on whether or not this is a private or public agency adoption:

12. Private Providers need to include: • “At Risk” Statement if parental rights are not terminated; • Signed by adopting parent(s) indicating they are aware of any unresolved legal issues regarding termination of parental rights; • Current adoptive home study or approval; • Done under the receiving state’s law, including child abuse and law enforcement clearances; • If an out of state clearance is needed, then an interpretation letter is also required from ChildLine. • Affidavit of Identification • From the birth mother identifying all possible fathers; • Certification that consents are in compliance with applicable laws of the sending state or where requested by the receiving state. Done by: • A licensed attorney; or • Authorized agent of a private adoption agency; or • Appropriate independent entity.

13. Private Providers need to include: • Statement of authority to place child and supervision. Can be: • A court order; or • Statement showing basis of the agency authority. • Medical at risk statement. • If the child is identified as having a specific special need or exposure to a specific substance in utero the adoptive resource needs to sign an medical risk addressing the specific concern.

14. CYS Agencies need to include: • Regulation 2 Statement*; • Current Court Order showing: • Goal change to Adoption; or • TPR (depending on receiving state). • Current service plan; and • Financial/Medical Plan (CY-935)*. • CYS agencies, for already approved ICPC foster placements, many states won’t require duplicates of most forms from the foster care request in the adoptive request.

15. The Interstate Compact on the Placement of Children Youth 18 to 21 Remaining in Care The compact defines a child as anyone under the age of 18. In order to help address the change in practice that many states are adopting, Reg 3 was modified to allow these placements if both states are in agreement. • Most, but not all states have enacted statute to extend care beyond age 18. What to do: • Create a placement request packet as normal. Understand that depending on where the child will be residing, a licensure may not be possible (example: dorm rooms) • If it is accepted, it will be treated as any other ICPC placement. • If it is rejected, then enact a plan to meet the child’s needs and your agency’s requirements. This can include contracting with a private provider for supervision.

16. Adoption Overview • The ICPC Adoption Process: • Three (3) copies of the complete packet are sent by the sending agency to the sending state ICPC office. • Next day envelope and label to expedite. • The sending state ICPC office reviews the packet for completeness and to verify the packet meets the sending state law before forwarding the packet to the receiving state ICPC office.

17. Adoption Overview • The ICPC Adoption Process: • The receiving state ICPC office reviews the packet for completeness and to verify that the packet meets the receiving state legal requirements before providing a placement decision. • The authority to approve the placement and to authorize travel is held by the receiving state.

18. Adoption Overview • The ICPC Adoption Process: • A completed 100B for the placement of the child must be sent: • Dated for when the adoptive family is returning to their home state; or • Dated for when child is being placed; or • Dated for approved transition foster to adopt. • Supervisory reports are to be sent in accordance with both states’ laws: • PA requires 3 reports in 6 months prior to finalization • Any agency supervising a public/child welfare placement is required to continue monthly visits (per Reg. 11) until case closure.

19. Adoption Overview • The ICPC Adoption Process: • After the adoption has finalized a completed 100B showing the case has closed must be sent to the sending state ICPC office. • A copy of the adoption Order should also be included.

20. The Interstate Compact on the Placement of Children • For adoptive placements - unless an adoption subsidy agreement is signed the child is not automatically eligible for MA in the receiving state. • Puerto Rico is not signatory to the compact. They have agreed to comply, but there is no legal requirement to do so. It is still not permissible for PA caseworkers to provide services in PR. • Ohio, California and a few other states are de-centralized. There is a centralized Interstate Office in each, but it does not handle most placements. • The structure of the ICJ and the ICPC have been changed to allow dually adjudicated youth to be active with both compacts for placement. • Compliance with both compacts must be obtained/maintained for placement to begin/continue.

21. Useful Information: – AAICPC Website: www.aphsa.org/content/AAICPC/en/home.html – ICPC State Pages: icpcstatepages.org – AAICAMA Website: www.aaicama.org – International Social Service Agency (ISS): www.iss-usa.org

22. Useful Information: – Mailing Address: Division of Operations Interstate Compact Unit DGS Annex 5 Magnolia Drive Hillcrest, 2nd Floor Harrisburg, PA 17110-2544

23. Useful Information: – ICPC Compact Specialists (Cases are assigned by child’s last name.) • Lisa Schumber (A – F) • (717) 772-5507; lschumber@pa.gov • Sharyn Lukens (G – O) • (717) 214-3460; slukens@pa.gov • Wendy Lautsbaugh (P - Z) • (717) 772-5501; wlautsbaug@pa.gov

24. • Useful Information: – ICJ Compact Specialists • Amanda Behe • (717) 772-5504; abehe@pa.gov • Natalie Primak • (717) 772-5502; nprimak@pa.gov – ICAMA Compact Specialist • Scarlett Moyer • (717) 346-9294; scmoyer@pa.gov

25. Useful Information: – Interstate Compact Unit Director • Jason McCrea • (717) 772-5506; jmccrea@pa.gov – Interstate Compact Unit Clerical Support • Kathy Wadlinger • (717) 772-5505; kwadlinger@pa.gov

26. Questions & Comments Thank you for your participation!