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Why do I need ICPC?

ICPC: How to Navigate Across State Lines and Indian Country The ICPC Process Karen Dinan Senior Counsel Office of the Assistant Attorney General Maya Brown Deputy Compact Administrator Interstate Compact on the Placement for Children Department of Social and Health Services. Why do I need ICPC?.

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Why do I need ICPC?

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  1. ICPC: How to Navigate Across State Lines and Indian CountryThe ICPC ProcessKaren DinanSenior CounselOffice of the Assistant Attorney GeneralMaya BrownDeputy Compact AdministratorInterstate Compact on the Placement for ChildrenDepartment of Social and Health Services

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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

  9. 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

  10. Placements Excluded from the ICPC: Placements Covered by ICPC: Parent Relative Foster Adoptive Group home Residential Boarding schools Medical facilities Mental Health facilities Relative to relative (not dependent) Job corps Military Visits

  11. 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

  12. Responsibilities of Sending Tribe or Agency 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.

  13. 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

  14. 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

  15. 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

  16. 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

  17. SPECIAL CASES AND CIRCUMSTANCES • REGULATION 1 • REGULATION 7 • REGULATION 9

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. Challenges • Unfamiliar with the ICPC process • Clerical/Administrative tasks • State laws vary drastically • Financial/Medical • Timeframes • Placement disruptions • ICPC is very technical in nature

  26. 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

  27. 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

  28. 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

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