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Regulation No. 9
Definition of a Visit
Regulation No. 9 ("Definition of a Visit"), as first adopted in 1999, is amended to read as follows:
- A visit is not a placement within the meaning of the Interstate Compact on the Placement of Children (ICPC). Visits and placements are distinguished on the basis of purpose, duration, and the intention of the person or agency with responsibility for planning for the child as to the child's place of abode.
- The purpose of a visit is to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing child care services.
- It is understood that a visit for twenty-four (24) hours or longer will necessarily involve the provision of some services in the nature of child care by the person or persons with whom the child is staying. The provision of these services will not, of itself, alter the character of the stay as a visit.
- If the child's stay is intended to be for no longer than thirty (30) days and if the purpose is as described in Paragraph 2, it will be presumed that the circumstances constitute a visit rather than a placement.
- A stay or proposed stay of longer than thirty (30) days is a placement or proposed placement, except that a stay of longer duration may be considered a visit if it begins and ends within the period of a child's vacation from school as ascertained from the academic calendar of the school. A visit may not be extended or renewed in a manner which causes or will cause it to exceed thirty (30) days or the school vacation period, as the case may be. If a stay does not from the outset have an express terminal date, or if its duration is not clear from the circumstances, it shall be considered a placement or proposed placement and not a visit.
- A request for a home study or supervision made by the person or agency which sends or proposes to send a child on a visit and that is pending at the time that the visit is proposed will establish a rebuttable presumption that the intent of the stay or proposed stay is not a visit.
- A visit as defined in this regulation is not subject to the Interstate Compact on the Placement of Children.
- Words and phrases used in this regulation have the same meanings as in the Compact, unless the context clearly requires another meaning.
- This regulation was first adopted as a resolution effective April 26, 1983; was promulgated as a regulation as of April 1999; and is amended by the Compact Administrators, acting jointly and pursuant to Article VII of the Interstate Compact on the Placement of Children, at their annual meeting of April 2002, with such amendments effective after June 27, 2002.
ICPC Regulations
- Regulation 0.01 - Forms
- Regulation 1 - Conversion of Intrastate Placement into Interstate Placement; Relocation of Family Units
- Regulation 2 - Public Court Jurisdiction Cases: Placements for Public Adoption or Foster Care in Family Settings and/or with Parents, Relatives
- Regulation 3 - Definitions and Placement Categories: Applicability and Exemptions
- Regulation 4 - Residential Placement
- Regulation 5 - Central State Compact Office
- Regulation 6 - Permission to Place Child: Time Limitations, Reapplication
- Regulation 7 - Expedited Placement Decision
- Regulation 8 - Change of Placement Purpose
- Regulation 9 - Definition of a Visit
- Regulation 10 - Guardians
- Regulation 11 - Responsibility of States to Supervise Children
- Regulation 12 - Private / Independent Adoptions