Full Text of ICPC Regulation No. 11

Skip to Content

Quicklinks

Use the following links to quickly jump to the desire location in the page.

Top of Page Main Menu Local Navigation Content Footer Menu
Translate

You are on this page: Full Text of ICPC Regulation No. 11

Regulation No. 11
Responsibility of States to Supervise Children

The following regulation was adopted by the Association of Administrators of the Interstate Compact on the Placement of Children on April 18, 2010 and is declared to be in effect on and after October 1, 2010.

  1. Words and phrases used in this regulation have the same meanings as those ascribed to them in the Interstate Compact on the Placement of Children (ICPC). A word or phrase not defined in the ICPC shall have the same meaning ascribed to it in common usage.
  2. Definitions:
    1. (a)   “Central Compact Office” means the office that receives ICPC placement referrals from sending states and sends ICPC placement referrals to receiving states. In states that have one central compact office that services the entire state, the term “central compact office” has the same meaning as “central state compact office” as described in Regulation 5 of the ICPC. In states in which ICPC placement referrals are sent directly to receiving states and received directly from sending states by more than one county or other regional area within the state, the “central compact office” is the office within each separate county or other region that sends and receives ICPC placement referrals.
    2. (b)   “Child Welfare Caseworker” means a person assigned to manage the cases of dependency children who are in the custody or under the supervision of a public child welfare agency.
    3. (c)   “Public Child Placing Agency” means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality or other governmental unit and which facilitates, causes or is involved in the placement of a child from one state to another.
    4. (d)   “Supervision” means monitoring of the child and the child’s living situation by the receiving state after a child has been placed in a receiving state pursuant to an approved placement under Article III(d) of the ICPC or pursuant to a child’s relocation to a receiving state in accordance with Regulation 1 of the ICPC.
  3. A receiving state must supervise a child placed pursuant to an approved placement under Article III(d) of the Interstate Compact on the Placement of Children (ICPC) if supervision is requested by the sending state, and;
    1. (a)   the sending agency is a public child placing agency, and
    2. (b)   the agency that completed the home study for placement of the child in the receiving state is a public child placing agency, and
    3. (c)   the child’s placement is not in a residential treatment center or a group home.
  4. Supervision must begin when the child is placed in the receiving state pursuant to an approved placement under Article III(d) of the ICPC and the receiving state has received a form 100B from the sending state indicating the date of the child’s placement. Supervision can and should begin prior to receipt of the form 100B if the receiving state has been informed by other means that the child has been placed pursuant to an approved placement under Article III(d) of the ICPC.
    1. (a)   Supervision must continue until:
      1. the child reaches the age of majority or is legally emancipated; or
      2. the child’s adoption is finalized; or
      3. legal custody of the child is granted to a caregiver or a parent and jurisdiction is terminated by the sending state; or
      4. the child no longer resides at the home approved for placement of the child pursuant to Article III(d) of the ICPC; or
      5. jurisdiction over the child is terminated by the sending state; or
      6. legal guardianship of the child is granted to the child’s caregiver in the receiving state; or
      7. the sending state requests in writing that supervision be discontinued, and the receiving state concurs.
    2. (b)   Supervision of a child in a receiving state may continue, notwithstanding the occurrence of one of the events listed above in 5(a)(1–7), by mutual agreement of the sending and receiving state’s central compact offices.
  6. Supervision must include face-to-face visits with the child at least once each month and beginning no later than 30 days from the date on which the child is placed, or 30 days from the date on which the receiving state is notified of the child’s placement, if notification occurs after placement. A majority of visits must occur in the child’s home. Face-to-face visits must be performed by a Child Welfare Caseworker in the receiving state. The purpose of face-to-face visits is to help ensure the on-going safety and well being of the child and to gather relevant information to include in written reports back to the Public Child Placing Agency in the sending state. If significant issues of concern are identified during a face-to-face visit or at any time during a child’s placement, the receiving state shall promptly notify the central compact office in the sending state in writing.
  7. The Child Welfare Caseworker assigned to supervise a child placed in the receiving state shall complete a written supervision report at least once every ninety (90) days following the date of the receipt of the form 100B by the receiving state’s central compact office notifying the receiving state of the child’s placement in the receiving state. Completed reports shall be sent to the central compact office in the sending state from the central compact office in the receiving state. At a minimum such reports shall include the following:
    1. (a)   Date and location of each face-to-face contact with the child since the last supervision report was completed.
    2. (b)   A summary of the child’s current circumstances, including a statement regarding the on-going safety and well-being of the child.
    3. (c)   If the child is attending school, a summary of the child’s academic performance along with copies of any available report cards, education-related evaluations or Individual Education Program (IEP) documents.
    4. (d)   A summary of the child’s current health status, including mental health, the dates of any health-related appointments that have occurred since the last supervision report was completed, the identity of any health providers seen, and copies of any available health-related evaluations, reports or other pertinent records.
    5. (e)   An assessment of the current placement and caretakers (e.g., physical condition of the home, caretaker’s commitment to child, current status of caretaker and family, any changes in family composition, health, financial situation, work, legal involvement, social relationships; child care arrangements).
    6. (f)   A description of any unmet needs and any recommendations for meeting identified needs.
    7. (g)   If applicable, the supervising caseworker’s recommendation regarding continuation of the placement, return of legal custody to a parent or parents with whom the child is residing and termination of the sending state’s jurisdiction, finalization of adoption by the child’s current caretakers or the granting of legal guardianship to the child’s current caretakers.
    1. (a)   The receiving state shall respond to any report of abuse or neglect of a child placed in the receiving state pursuant to an approved placement under Article III(d) of the ICPC and will respond in the same manner as it would to a report of abuse or neglect of any other child residing in the receiving state.
    2. (b)   If the receiving state determines that a child must be removed from his or her home in order to be safe, and it is not possible for the child placing agency in the sending state to move the child at the time that the receiving state makes this determination, the receiving state shall place the child in a safe and appropriate setting in the receiving state. The receiving state shall promptly notify the sending state if a child is moved to another home or other substitute care facility.
    3. (c)   The receiving state shall notify the central compact office in the sending state of any report of child abuse or neglect of a child placed in the receiving state pursuant to an approved placement under Article III(d) of the ICPC, regardless of whether or not the report is substantiated. Notification of the central compact office in the sending state will occur as soon as possible after such a report is received.
    4. (d)   It is the responsibility of the public child placing agency in the sending state to take action to ensure the ongoing safety of a child placed in a receiving state pursuant to an approved placement under Article III(d) of the ICPC, including return of the child to the sending state as soon as possible when return is requested by the receiving state.
    5. (e)   Pursuant to Article V of the ICPC, it is the responsibility of the public child placing agency in the sending state to take timely action to relieve the receiving state of any financial burden the receiving state has incurred as a result of placing a child into substitute care after removing the child from an unsafe home in which the child was previously placed by the public child placing agency in the sending state pursuant to Article III(d) of the ICPC.
    1. (a)   The child placing agency in the sending state is responsible for case planning for any child placed in a receiving state by the child placing agency in the sending state pursuant to an approved placement under Article III(d) of the ICPC.
    2. (b)   The child placing agency in the sending state is responsible for the ongoing safety and well-being of any child placed in a receiving state by the child placing agency in the sending state pursuant to an approved placement under Article III(d) of the ICPC and is responsible for meeting any identified needs of the child that are not being met by other available means.
    3. (c)   The receiving state shall be responsible to assist the sending state in locating appropriate resources for the child and/or the placement resource.
    4. (d)   The receiving state shall notify the central compact office in the sending state in writing of any unmet needs of a child placed in the receiving state pursuant to an approved placement under Article III(d) of the ICPC.
    5. (e)   If the child’s needs continue to be unmet after the notification described in (d) above has occurred, the receiving state may require the child placing agency in the sending state to return the child to the sending state. Before requiring the return of the child to the sending state, the receiving state shall take into consideration the negative impact on the child that may result from being removed from his or her home in the receiving state and shall weigh the potential for such negative impact against the potential benefits to the child of being returned to the sending state. Notwithstanding the requirement to consider the potential for such negative impact, the receiving state has sole discretion in determining whether or not to require return of a child to the sending state.

ICPC Regulations

[top]