ICPC Manual

Document Sample
ICPC Manual Powered By Docstoc
					  Interstate Compact for Placement of Children Manual

ICPC Manual                                  1
Table of Contents


Introduction to ICPC…………………………………………………………………..3

Placement of Children in Residential Placement…………………………………..4

Placement of a child with a non-custodial parent………………………………….5

General Process………………………………………………………………………5-6

Regulation No. 1: Conversion of Interstate Placement Into Interstate
Placement: Relocation of Family Units…………………………………………….7-8

Regulation No. 7: Priority Placement Under ICPC                  9-14

Prescreening (Case Management prior to requesting an ICPC)………………..14


Sending State Financial Responsibility…………………………………………….15

Terminating Jurisdiction……………………………………………………………...16

Interstate Compact Runaway………………………………………………………..16


ICPC Forms List……………………………………………………………………….19

State Assignments/Central Office……………………………………………………20



Naming Convention……………………………………………………………………23

100A Helpful Hints……………………………………………………………………..23-24

Puerto Rico and Other International…………………………………………………25-26
Case Management Agency Contacts………………………………………………..21

ICPC Manual                                               2
Interstate Compact for the Placement of Children
Information for this manual was compiled through information contained in
the CBCCF OP 208 Interstate Compact for Placement of Children; Guardian
Ad Litem Practice Manual; The Department of Children and Families website;
The Center for Child Welfare Advancement and American Public Human
Services Association (APHSA).

The Interstate Compact on the Placement of Children (ICPC) is a uniform law
(established in 1960) which has been ratified, and is currently used by all 50
states, the District of Columbia, and the U.S. Virgin Islands. The ICPC was
created to safeguard children who were placed across state lines with parents,
relatives, or in foster care or adoptive placements. The ICPC ensures that children
who are placed outside of their home state receive services and supervision, and
that the placement is in their best interests. Each signatory state has codified the
compact verbatim into its statutes and has appointed an administrator to govern
the application of the compact.

Approximately 3,000 children move in and out of Florida through the Interstate
Compact each year. The Florida Interstate Compact Office is responsible for the
day-to-day tasks associated with the administration of the Compact. This office is
the central clearing point for all interstate placements, which include parent,
relative, foster care, public adoption cases (children committed to the Department
of Children and Families), residential treatment, and private adoption cases. The
office is also responsible for ensuring that appropriate services and supervision are
provided to the children and families that are served by both Florida and other
states. It is also the responsibility of the Florida Interstate Compact Office to
ensure all Florida case management agencies are aware of F.S. 409.401-405 and
abide by such.

Florida’s ICPC Administrator is Stephen Pennypacker, Esq.

The test of the ICPC has been codified into statute at Section 409.401 Florida
Statutes. The ICPC consists of 10 articles that define its application, establishes
the procedures to place children interstate, and sets the responsibilities of each
participant in the process. In addition, 10 Regulations have been developed to
assist the states in applying the articles.

In the dependency arena, three types of placements are covered by the ICPC.

         Placements preliminary to possible adoption. Art. III; Reg. No.10.
         Placements into foster care. Art. III.
         Placements with a parent or relative, when the child is not sent by a
          parent or relative. Art. VIII; Reg. Nos. 3 and 7.

There are other components of the Interstate Compact that govern:

ICPC Manual                                                            3
          Interstate Compact for Juveniles
          Interstate Compact on Adoption and Medical Assistance

If a parents’ rights have been diminished and they no long have legal custody of
their children, the ICPC applies. (Excluded from the ICPC are placements in
medical facilities, mental health facilities, boarding schools or any institution that is
primarily educational in nature.

Article II defines sending agency and receiving state. A sending agency is a party
state, including officers or employees; 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 a party state. A receiving state is the
state to which the child is sent, brought, whether by public authorities or private
person or agencies, and whether for placement with state or local public authorities
or for placement with private agencies or persons. When custody of a child is
placed with an agency, and the agency seeks to place the child across state lines
for either relative placement or foster care, or the child is placed for adoption, the
placement must be in compliance with ICPC terms.

The ICPC provides the family, the sending state, and the receiving state certain
guarantees. When the compact has been complied with, all participants can be
ensured that the placement is not contrary to the interests of the child. The sending
agency is able to have the potential placement evaluated by having the receiving
state conduct a home study and a criminal background check. The receiving state
is able to make certain that its laws and policies regarding placements have been
followed. The sending state is able to obtain supervision of the child and services.
Both states are able to fix the financial and medical responsibilities of each state
prior to the placement taking place. And finally, the ICPC provides that the
sending state retains jurisdiction over the child once the child leaves its borders.
Art. V.



For the purposes of the compact, residential facilities do not include institutions
primarily education in character, hospitals or other medical facilities.

The sending state is required to notice a receiving state prior to the placement of a
child into a residential facility. Information required minimally includes: name, date
and place of birth of the child, the identity and address of the parent or legal
guardian, evidence of authority to make the placement, and the name and address
of the facility in which the child will be placed. Discharge and absences from the
facility also require notice to be sent to the receiving state.

ICPC Manual                                                               4
The receiving state does not provide supervision of residential placements,
therefore other arrangements must be made if supervision is necessary.



The provisions of ICPC do not apply in situations in which a child is placed with a
non-custodial parent provided that:

      The non-custodial parent proves to the satisfaction of a court in the sending
       state a substantial relationship with the child; and
      The court in the sending state makes a written finding that placement with
       the non-custodial parent is in the best interests of the child; and
      The court in the sending state dismisses its jurisdiction over the child’s case.

                             GENERAL PROCESS

To initiate a placement under the ICPC, jurisdiction of the court in the sending state
over the child must be established. This is accomplished by the Department
motioning for the court to issue an Order of Compliance with the Compact
(required for all ICPC outgoing/sending requests). The Order of Compliance is an
order which designates the Department as the sending agency and shows the
legal status of the child. While Children’s Legal Services is obtaining the Order of
Compliance the Dependency Case Manager should begin preparation of the ICPC
Packet. The ICPC packet contains 1 copy of the following: ICPC Community
Based Care Transmittal (CF 0797); ICPC Placement Request/100A (CF 0794);
cover letter (CBCCF letter head) which specifies the identification of the potential
placement, ongoing needs of the child, any special requirements for the child, and
a paragraph setting out the financial/medical plan; a copy of the social assessment
for each child (current within the last 6 months/may include a CBHA, child study, or
PDS); most recent court order showing legal status of the case and identifying
child is under supervision of CBC/DCF; birth certificate; case plan and paternity
verification (if home study request is on paternal relatives). If the request is for a
Reg. No. 7 Priority placement a 101A (CF 0798 Sending state priority home
study request) must also be completed, and the CF 0793 Priority ICPC Community
Based Care Transmittal should replace the ICPC Community Based Care
Transmittal (CF 0797). There are priority handling times established from the time
the Priority Order of Compliance is signed by the judge, therefore it is imperative
that priority packets are routed expeditiously.

**Please note that all court orders must be signed by a judge, therefore if the court
order is signed by the General Magistrate, the order adopting the General
Magistrates recommendations must also accompany the order.

ICPC Manual                                                             5
If the request is for an interstate adoption, the packet must also contain copies of
the TPR orders (for both parents), an application for an adoption home study and a
copy of any prior home study conducted, if the child has previously been placed in
the home.

Once the Dependency Case Manager has completed the packet they route the
packet to the Intake and Placement Unit identified Out of County
Services/Interstate Compact for Placement of Children Specialist (OCS/ICPC). The
OCS/ICPC Specialist will review the packet for completeness, correct any errors,
obtain any missing documentation; complete the appropriate ICPC Checklist;
record the date they received the completed packet and the date they are
uploading the packet in the Interstate Compact System (ICS) on the ICPC
Transmittal form and scan/upload the document in ICS.

Florida’s Central Office/ICPC will review the packet and send the packet to the
receiving state. (Central Office/ICPC will upload a copy of the ICPC transmittal into
ICS which documents Florida sending the request to another state). The
OCS/ICPC Specialist will print the transmittal and forward to the Dependency Case
Manager for information/verification purposes. Upon receipt of the packet in the
receiving state compact administrator’s office, the packet will be reviewed for
completeness, and forwarded to the local office where the potential placement
resides. The caseworker in the receiving state will then conduct the background
checks and home study, make a recommendation regarding the placement and
write a report. Home studies and placements are determined in compliance with
the laws of the receiving state. The case worker in the receiving state will send
their report and recommendation to the receiving state compact administrator. If
the placement is approved, the compact administrator will sign the ICPC 100A
form and send it and the home study to the sending state compact office. If the
placement is denied, then the placement cannot be made until the situation that
resulted in the denial is remedied (and the receiving state approves the
placement). If the placement will not be utilized, or the child is placed the sending
state will send a CF 0795 ICPC Report of Placement Status (100B), cover letter
and court order placing to the receiving state. If the child was placed the 100B will
identify the date the child was placed and the receiving state will initiate monthly
supervision. **Please note: all correspondence is sent through the OCS/OTI
Specialist through Central Office/ICPC HQ.

To expedite the processing of the ICPC request, it is recommended that the
Dependency Case Manager stay in contact with the other state’s assigned case
worker and the placement resource. This will ensure that the Dependency Case
Manager is aware of the status of the request, can intervene to clear up any
misunderstandings or issues that arise, and can begin preparation for placement of
the child. Some states allow for the case manager to send a copy of the completed
home study to the local Dependency Case Manager at the same time they copy
their compact office. If the other states local case manager forwards a copy of the
study, they must still remember that a signed 100A (signed and date by the

ICPC Manual                                                           6
receiving state ICPC Compact Administrator) is required before the placement can
commence. The approval is valid for 6 months from the day the receiving state
compact administrator signs the form. Reg. No. 6.

The sending state must retain jurisdiction over the child while the child remains in
the receiving state. The receiving state may terminate supervision after 6 months,
but the sending state must be in agreement. If supervision is terminated, all that
means is that the receiving state no longer has to monitor the placement. Florida is
still legally and financially responsible for the child as the sending state.



Regulation No. 1 addresses the request for approval for placement of a child in an
approved placement resource in the receiving state where the sending state has
already approved the placement in the sending state and the resource now desires
to move to the receiving state. The intent of this regulation is to ensure that an
already safe and stable placement made by a sending agency in the sending state
will continue if the child is relocated to the receiving state. Additionally, it is the
intent of Regulation No. 1 for supervision of the placement to be uninterrupted, for
the family to comply with the requirements of the receiving state, and for both
states to comply with all applicable state and federal laws, rules and regulations.

If a child is brought into the receiving state by an approved placement resource for
a period of ninety (90) days or less and remains with the approved placement
resource, approval of the receiving state is not required. Supervision by the
receiving state is not required for a temporary relocation of ninety (90) days or
fewer; however supervision by the sending agency is required. Supervision may be
provided as a courtesy to the sending state. If supervision is requested, the
sending state shall provide a Form 100B and all other documents for a Reg. No. 1
except the Form 100A.

In any instance where the decision to relocate into another state is made or it is
intended to send or bring the child to the receiving state, or the child and existing
family unit have already been sent or brought into the receiving state, an ICPC-
100A and its supporting documentation shall be prepared immediately upon the
making of the decision, processed with five (5) business days by the sending
agency’s state compact administrator and transmitted to the receiving state
compact administrator with notice of the intended placement date. The sending
agency’s state compact administrator shall request that the receiving state respond
to the case within five (5) business days of receipt of the request and with due
regard for the desired time for the child to be sent or brought to the receiving state.
If the family unit and child are already present in the receiving state, the receiving
state’s compact administrator shall determine within (5) business days of receipt of

ICPC Manual                                                             7
the 100A and complete home study request packet whether provisional approval
shall be granted and provide the decision in writing to the sending state compact
administrator by fax, mail, overnight mail or electronic submission, if acceptable.

The documentation sent in the packet includes

   1. CF 0797 ICPC Community Based Care Transmittal (write Regulation No. 1
       across the top)
   2. CF 0794 ICPC Placement Request (ICPC 100A) (write Regulation No. 1
       across the top)
   3. CF 0795 ICPC Report of Placement Status (ICPC 100B), if the child is
       already present in the receiving state.
   4. Cover Letter
   5. CF FSP 5280 ICPC Order of Compliance
   6. Most recent court order which establishes legal status and supervision
   7. (a copy of the court order pursuant to which the sending agency has
       authority to place the child or, if authority does not derive from a court order,
       a statement of the basis on which the sending agency has authority to place
       the child and documentation that supervision is on-going).
   8. Social Summary for each child: a case history for the child, including
       custodial and social history, chronology of court involvement, social
       dynamics and description of any special needs of the child.
   9. In any instance where the sending state has required licensure, certification
       or approval, a copy of the most recent license, certificate or approval of the
       qualification of the placement resource(s) and/or their home showing the
       status of the placement resource(s), as qualified placement resource(s).
   10. A copy of the most recent home study of the placement resource(s) and any
       updates thereof.
   11. Copies of the progress reports on the family unit for the last six months and
       the most recent judicial review court report and court order (signed by a
       judge) completed in the sending state.
   12. Copy of the case plan, and any supplements to the plan, if the child has
       been in care long enough for such a plan to be required.
   13. CF 0791 ICPC Financial – Medical Plan for Interstate Compact; IV-E
       determination, financial/medical plan

If the receiving state requires licensure as a condition of placement approval, or
the receiving state compact administrator determines that the license, certificate or
approval from the sending state has expired or otherwise is not valid, both the
sending state and the placement resource shall state in writing that the placement
resource will become licensed in the receiving state. The receiving state shall
recognize that the placement resource has satisfactorily completed required
training for foster parents or other parent training, if the training program is shown
to be substantially equivalent to training offered for the same purpose in the
receiving state and the evidence submitted is in the form of an official certificate or
document identifying the training.

ICPC Manual                                                              8
Within thirty (30) days of the receiving state compact administrator being notified
by the sending state compact administrator or by the placement resource that the
placement resource and the child have arrived in the receiving state, the
appropriate personnel of the receiving state will visit the child and the placement
resource in the home to ascertain conditions and progress toward compliance with
applicable federal and state laws and requirements of the receiving state.


Outgoing Requests to Other States:

The first requirement is that the proposed placement resource in the receiving
state must be a relative belonging to the class of persons as set forth in Article
VII(a) of the Compact, specifically, a parent, current legal step-parent, grandparent,
adult brother or sister, adult uncle or aunt, or a court-appointed legal guardian of
the child which could legally receive a child placed by another member of the same
class from the sending state if the Compact were not invoked; and the child is
under the age of two (2) years of age, or the child is in emergency shelter, or the
court finds that the child has spent a substantial amount of time in the proposed
placement recipient;

The second requirement is that a specific court order (see Suggested Form Motion
and Order for Priority Placement) be issued which contains an express finding that
one or more of the circumstances set forth in paragraph 4a (1) (a) above apply to
this particular child, or that paragraph 4a (1) (b) above applies, and sets forth the
facts upon which the court bases its finding.

         (a) If “emergency shelter” is selected, a signed copy of the emergency
             shelter court order must be attached to the request.
         (b) If “substantial amount of time” is selected, both the court order
             “findings” and the request cover letter should provide sufficient
             explanation to justify its use, although the choice is totally within the
             judicial discretion of the court to use and there are no guidelines
             covering its use. However, there is no obligation on the receiving state
             Compact administrator to accept this finding, especially if their home
             study does not, in the opinion of their local office, corroborate or
             validate its use.

The third requirement is that the court order contains the typed name, address,
telephone number and if available the fax transmission number, of the judge
issuing the court order.contains the typed name, address, telephone number and,
if available, the fax transmission number, of the judge issuing the court order.

ICPC Manual                                                             9
The fourth requirement is that the court order be signed by the judge issuing the
court order, and dated with the same date as the date that the judge’s signature
was affixed to the court order.

The priority placement procedure is not allowed, and may not be used, if the child
is: (a) already in the receiving state without the approval of, or (b) allowed to go to
the receiving state prior to the approval of, the receiving state Compact
administrator as validated by a signed Compact 100A form.

Process: CLS will deliver to the DCMS/Program Director a copy of the signed
Priority Order within one (1) business day of the date of the order. The DCMS will
ensure that notification (phone contact) with the I&P ICPC Specialist is made upon
receipt of the order and that the ICPC Priority packet is hand delivered to the
CBCS Point of Contact within one (1) business day. The I&P ICPC Specialist will,
by the next business day, review the packet and upload the request into ICS. The
packet contents will include all of the following (assembled in order):
        a. A Community Based Care Priority Interstate Compact Transmittal Form.
        b. The Interstate Compact Placement Request (ICPC 100A Form) one for
           each child.
        c. The Sending State Priority Placement Home Study Request Form (101)
           for each child.
        d. Priority Order of Compliance with expressed findings.
        e. An overall cover letter identifying the resource and explaining and
           ongoing needs of the child, and special requirements that the resource
           must meet and a separate paragraph stating the financial/medical plan
           as well as the sending worker’s telephone number. Because other state
           and local agencies are accustomed to interacting with the Department,
           and to forestall any delay, providers of child welfare services under
           contract with the Department must be on letterhead and include the
           following sentence in the opening paragraph, “This request for child
           welfare services is being made pursuant to our contract with the Florida
           Department of Children and Families.”
        f. A social assessment of the child (PDS, CBHA, or JRSSR may substitute
           if comprehensive and current within the last six months), The most
           recent court order documenting the legal status and placement of the
           child (signed by a Judge within the last six months, or if not signed by a
           Judge the minutes from the General Magistrate and Order Adopting the
           Minutes signed by a Judge),
        g. Financial Medical Plan for each child
        h. Proof of IV-E eligibility, if applicable (signed CF-ES 2694, Child in Care
           Communication form),
        i. A copy of the birth certificate;
        j. Verification of paternity (if request is for father or paternal relatives);
        k. A copy of the case plan,
        l. Additional items that would be helpful to the receiving state social worker

ICPC Manual                                                              10
              i.     current predisposition study
              ii.    psychological evaluation
              iii.   medical reports
              iv.    social security number (for placement resource)
              v.     previous home study (for placement resource)

The Central Contact office shall have two (2) business days to validate the priority
placement request package, enter the request on the Interstate Compact System,
and forward it to the receiving state Compact office.

The receiving state Compact Administrator shall have twenty (20) business days
form the date of receipt of the priority placement request package to obtain
sufficient information from their local receiving agency to mae a determination as to
whether the requested priority placement may be made, or shall not be made. This
decision will be reflected in Section IV of the Compact 100A Form along with a
signature and the date signed, and then transmitted to the sending state Compact

The sending state Compact Administrator will then upload the completed Compact
100A Form and the completed home study into ICS and an auto email will be sent
to the I&P ICPC Specialist. The I&P ICPC Specialist will then send this information
through email to the case management agency DCM/DCMS/PD.

Compact Regulation No. 7 also provides for certain contingencies, such as
noncompliance by the receiving state Compact Administrator, receipt of
substantially insufficient documentation from the sending court order the sending
local agency, procedures for obtaining additional documentation or information,
and mutually agreed upon modifications to the time period deadlines.

After the child is moved to the receiving state and placed with the approved
resource, the sending agency will notify the receiving state of the placement using
the “Interstate Compact Report on Child’s Placement Status” 100B Form (as well
as a cover letter detailing the final arrangements/placements and requesting visits
every 30 days, and the contact information and any preferences of the DCM as to
information on format or content of visit notes, court order authorizing the
placement with the resource, and ICPC transmittal). The placement “packet” will be
forwarded to the I&P ICPC Specialist within 5 days of receipt of the court order for
placement is received by the DCM/S for uploading into ICS.

The Sending Local Agency’s Responsibilities:
While the child remains in the out-of state placement, the sending state must retain
legal and financial responsibility for the child.
       a. The sending state has both the authority and the responsibility to
           determine all matters relating to the custody, supervision, care,
           treatment and disposition of the child, just as the sending state would
           have if the child had remained in the home state.

ICPC Manual                                                            11
       b. Retention of court jurisdiction over the child while the child is in the
          receiving state ensures legal authority to return the child for reunification
          when so determined by the court; as well as provides more assurances
          to the qualification of the child for benefits (Medicaid) and TANF for the
          relative resource (for states that offer reciprocity/benefits in accordance
          with their own state legislation).

The sending state’s responsibilities for the child continue until it legally terminates
the interstate placement.

      a. Placement may be terminated by court ordering the return of the chld to
         the sending state district, which would occur if;
            i.     The Court decides that reunification of the child with the parent
                   from whom the child was originally removed is now possible
            ii.    The placement resource in the receiving state indicates that
                   they can no longer care for the child.

The sending agency must also be responsive to the receiving state’s request to
return the child if the placement disrupts, or if the receiving state withdraws its
previous approval for placement.

The decision that the placement has disrupted, or that prior placement approval is
to be withdrawn, is the sole discretion and professional responsibility of the
receiving state.

The sending agency must notify the receiving state’s Compact Administrator of any
change in the child’s situation, family or court status. Changes of status that
require a 100B Form include a termination of the interstate placement or such
things as a new placement of the child in the receiving state or a transfer of legal

Processing Incoming Priority Requests for Interstate Placements (from
another state to Florida).

All incoming Compact requests for child welfare services from another state are
sent to the central compact office (Tallahassee), who will then review the packet
for completeness before uploading the request into the Interstate Compact
System. This system will generate an automatic email for the I&P ICPC Specialist
for the receiving county to pull and log the request. The DCM, once assigned, will
contact the sending state worker by telephone to ascertain if there have been any
changes in the case.

The DCM will submit the completed Home Study to their supervisor for review,
including the recommendation for placement. The DCMS will ensure that the
required back ground checks have been conducted and that the quality of the
work completed meets standards. After review and approval by the DCMS the

ICPC Manual                                                              12
packet will be sent to CBCS Point of Contact (the timeframe can not exceed 15
business days from receipt at Central Office).

          a. The point of contact will upload the Home Study into ICS where the
             ICPC Compact Specialist assigned to the receiving state will sign the
             100A stating whether the placement is recommended.
          b. The ICPC Specialist in central office (Tallahassee) will forward the
             100A and completed Home Study to the sending state.
          c. The case management agency DCM/S will keep the I&P ICPC
             Specialist informed of any difficulties, such as non-cooperation on the
             part of the proposed resource, incomplete documents or information
             with which to complete a home study, and most importantly, an
             indication as early as possible as to whether a determination will be
             made by the deadline. The priority placement concept makes an
             assumption that the home study and background check will be
             “routine.” If any abnormal findings are made, or if there are any “red
             flags” or other concerns, then it may be necessary to complete a
             more in-depth investigation of the resource, in which case, the central
             office can so inform the sending state, and modifications to the
             deadlines can be negotiated.

In those situation where placement cannot be recommended, the case
management agency DCM/S should still complete the written home study within
the 15 business day time frame, and indicate the reasons for disapproval. In
addition, the case management agency DCM/S may be asked to join a conference
call with the central office and the sending state to give those parties a chance to
ask clarifying questions concerning the denial of placement.

If placement is recommended and child has been placed in Florida, a signed 100B
Form will be sent by the sending state to ICPC Central Office and sent to the I&P
ICPC Specialist via ICS.

After receipt of the 100B the Florida case manager must start supervision of that
child with a visit (every 30 days or less) and a quarterly written progress/status
report routed through the I&P ICPC Specialist, with an accompanying cover letter
and ICPC transmittal.

The Florida case manager may include a recommendation in the quarterly written
report to the sending worker to stop supervision at any time, if the receiving worker
feels supervision is no longer needed.

The sending state must concur before supervision is stopped.


ICPC Manual                                                            13
PRESCREEN before requesting or completing an ICPC homestudy
determine the resource’s:
            Type of placement that will be needed (relative, foster or adoptive)

Questions to ask:
1. What is your relationship with the child (relative degree/to the child)?
2. How well do you know this child? Recent Contacts? Have you previously cared
    for the child (when and for how long)? Are you familiar with the child’s needs
    (what are they, how will you handle it when..?)
3. What resources are available in your area, i.e. mental health centers, tutors,
    etc. to meet the special needs of this child?
4. Do you have the means to transport this child to any therapy appointments that
    may be required and are you willing to do so?
5. What is the quality of your relationship with the child(s) parent(s) in particular,
    and with the child’s other relatives in general?
6. If there is a court order prohibiting contact with a specified person, including
    one or more of the parents, how will you enforce the order?
7. Do you have the physical space to accommodate the child in your home? Who
    lives in the home currently? What is the type of housing? Are there any
    restrictions in your community regarding children, number of household
    residents or lease requirements that would have to be considered or may be a
8. What kind of disciplinary strategies do you employ in dealing with your own
    children and is this the technique you will continue to utilize if this child is
    placed in your care?
9. If the relative is not within the specified degree of relationship (to qualify for
    TANF/or the receiving state does not fund relative placements) can you
    assume the financial and medical costs of caring for this child without public
    assistance? If necessary, are you willing to become licensed foster parents?
    To complete the required training? Will you contact your local TANF unit to
    determine if there are any available financial assistance programs for you to
    care for children placed through ICPC from Florida?
10. Will you work with your local child welfare agency in achieving reunification or
    other permanency for the child?
11. What would your child care arrangements be?



The Safe and Timely Interstate Placement of Foster Children Act of 2006 (Public
Law (P.L.) 109-239) amended Titles IV-B and IV-E of the Social Security Act (the

ICPC Manual                                                             14
Act), and encourages States to improve protections for children and hold them
accountable for the safe and timely placement of children across State lines.

A State is required to complete and report on foster and adoptive home studies
requested by another State within 60 days. The parts of the home study involving
education and training of prospective adoptive parents do not have to be
completed within the same 60 day timeframe. States are permitted to contract with
a private agency to conduct the home study.

The law modified the existing Title IV-E State plan provisions related to reasonable
efforts of the Act to specifically require a State to consider interstate placements in
permanency planning decisions when appropriate; consider in-State and out-of-
State permanent placement options at permanency hearings; and identify
appropriate in-State and out-of-State placements when using concurrent planning.



The public child placing agency in the sending state has the financial responsibility
for the ongoing support and maintenance for the child during the period of
placement, unless otherwise provided for in the receiving state; and as determined
by the public child placing agency in the sending state, services for the child
beyond the public services for which the child is eligible in the receiving state.



The receiving state has financial responsibility for any assessment conducted by
the receiving state; and supervision conducted by the receiving state at the level
necessary to support the placement as agreed upon by the public child placing
agencies of the receiving and sending state.



The court in the sending state has authority to terminate jurisdiction if:

   1. The child is reunified with the parent in the receiving state who is the subject
      of allegations or findings of abuse or neglect, only with the concurrence of
      the public child placing agency in the receiving state; or
   2. The child is adopted; or
   3. The child reaches the age of majority under the laws of the sending state; or

ICPC Manual                                                              15
   4. The child achieves legal independence pursuant to the laws of the sending
      states; or
   5. A guardianship is created by a court in the receiving state with the
      concurrence of the court in the sending state; or
   6. An Indian tribe has petitioned for and received jurisdiction from the court in
      the sending state; or
   7. The public child placing agency of the sending state requests termination
      and has obtained the concurrence of the public child placing agency in the
      receiving state.



October 13, 2008

When dealing with children who have run away to another state all activities
related to recovering the child and having the child returned to Florida are
administered through the Interstate Compact for Juveniles. Florida currently has
the Department of Juvenile Justice administer the Interstate Compact for

The Interstate Compact on Juveniles (ICJ) is a multi-State agreement that provides
the procedural means to regulate the movement across State lines of juveniles
who are under court supervision. Specifically, ICJ is a legal contract between all
50 States, the District of Columbia, the Virgin Islands, and Guam that provides for
the monitoring and/or return of any juvenile who:

      -Has run away from home without the consent of a parent or legal

Georgia has legislatively enacted the terms of the Compact so they are required by
Georgia to comply with the terms of the Compact.

You will need to have the child reported as missing to local law enforcement and
local law enforcement will need to have entered the child as missing into the
National Crime Information Center (NCIC) to meet documentation requirements.

You can contact Jean Hall at the Department of Juvenile Justice by calling (850)
488-1850 and asking for the Interstate Compact for Juveniles Administrator and
she can help coordinate your efforts to have the child returned to Florida.

In the future when ever you have a child located out of state the first person you
need to contact is the Florida Interstate Compact Administrator at DJJ.

ICPC Manual                                                            16
Hans Soder, Operations Missing Children



In 1980, Congress passed the Adoption Assistance and Child Welfare Act, Public
Law (PL) 96-272, which established the AAP and provided federal funding for
financial and medical assistance. Adoption Assistance Program eligible children
were automatically entitled to receive Medicaid from the state that entered into an
adoption assistance agreement with the child’s family. In addition, PL 96-272
required states to protect the interests of adopted special needs children in
interstate situations.

In 1985, the Consolidated Omnibus Budget Reconciliation Act (COBRA) required
states to grant Medicaid eligibility to children whose families signed an adoption
assistance agreement with another state. However, COBRA did not provide for
implementation of this requirement. The COBRA also gave states the choice of
providing Medicaid to non-federally eligible children receiving state adoption

In the mid 1980’s, the ICAMA was drafted to create a framework for the interstate
cooperation originally envisioned in PL 96-272. The ICAMA provides uniformity
and consistency of policy and procedures when either a special needs child is
adopted by a family in another state or the adoptive family moves to another state.
The ICAMA resolves differences in each state’s Medicaid program. The ICAMA
procedures ensure that statutory and program requirements are met. While ICAMA
promotes reciprocity of medical services, not all states provide Medicaid coverage
to non-federally eligible children who have signed adoption assistance from
another state.

Currently, 46 states are members of ICAMA, and each member state has an
ICAMA Compact Administrator. This person works with both in-state and out of
state officials to ensure the provision of benefits and services for adopted special
needs children, to process ICAMA forms, and to serve as an information resource.

The ICAMA applies to children: who move across state lines after their adoption is
finalized; who are initially placed interstate for adoption; and who are in residential
treatment in a state other than the adoption assistance state.

ICAMA form 6.01, Notice of Medicaid Application and Eligibility, notifies the
resident state that a child having a signed adoption assistance agreement with a
Florida agency has moved from Florida to that state and is eligible for Medicaid.
This form provides information related to the child, his/her parents, eligibility, and
current residence.

ICPC Manual                                                              17
ICAMA form 6.02, Notice of Action, this form notifies the parents that an application
has been sent to their new state of residence on behalf of the child.

ICAMA form 6.03, Change of Status, this form provides notice that an adoption has
been finalized; that the child has reached the age of majority; that the family has
moved to another address in state; or that the family has moved to another state.
This form may be completed by either the adoptions assistance state or the new
state of residence.

At CBCCF all ICAMA requests originating from another state are send from the
Central Region Contact, Brenda Hornickle to the CBCCF Adoption Operations
Support Specialist (in each county). All outgoing requests are processed through
the CBCCF Adoption Operations Support Specialist. If you receive a call from any
party in reference to ICAMA you should refer them directly to the CBCCF
Adoptions Operations Support Specialist, as the staff person will need to access
the Adoption Subsidy file and/create a file for ongoing Medicaid maintenance

See “reciprocity list” in the appendix for participating state information.

Individual state information is provided on this website: www.aaicama.org/cms/

Florida’s ICAMA Compact Administrator is Shirley Hodge, 850-922-8893

                                        ICPC FORMS

                         ICPC forms available on eforms:


CF 0791            ICPC Financial – Medical Plan for Interstate Compact
CF 0793            ICPC Priority Community Based Care Transmittal
CF 0794            ICPC Placement Request (ICPC 100A)

ICPC Manual                                                                            18
CF 0795       ICPC Report of Placement Status (ICPC 100B)
CF 0797       ICPC Community Based Care Transmittal
CF FSP 5275   ICPC Motion for Order of Compliance
CF FSP 5277   ICPC Motion for Order of Compliance and Priority Placement
CF FSP 5280   ICPC Order of Compliance (not priority)
CF FSP 5281   ICPC Public Agency Adoption Checklist – Incoming to Florida
CF FSP 5282   ICPC Public Agency Adoption Checklist – Outgoing from Florida
CF FSP 5283   ICPC Private Adoption Entity Checklist – To Florida from other state
CF FSP 5284   ICPC Private Adoption Entity Checklist – From Florida to other state
CF FSP 5285   ICPC Parent/Relative/Foster Care Checklist – Incoming to Florida
CF FSP 5286   ICPC Parent/Relative/Foster Care Checklist – Outgoing from Florida
CF FSP 5287   ICPC Priority Reg. 7 Checklist – Incoming to Florida
CF FSP 5288   ICPC Priority Reg. 7 Checklist – Outgoing from Florida
CF FSP 0792   ICPC Receiving State’s Priority Home Study (ICPC 102)
CF FSP 0798   ICPC Sending State Priority Home Study Request (ICPC 101)


  Compact Administrator: Stephen Pennypacker (850) 922-0743
          Mailroom (850) 487-2760 Fax (850) 487-4337
         All email addresses are first.last@dcf.state.fl.us
           i.e.: Stephen.Pennysbacker@dcf.state.fl.us

  Kevin Askew                    Bill Fish                       Shirley Hodge
(850) 921-6995                (850) 922-6176                   (850) 922-8893
Arkansas                      Connecticut                       Kentucky
Kansas                        Delaware                          North Carolina
Louisiana                      DC                              Tennessee
Montana                       Maine                            Virginia

ICPC Manual                                                        19
Nebraska                         Maryland                          West Virginia
Ohio                             Massachussetts
Oklahoma                         Mississippi
Texas                            New Hampshire
Wyoming                          Pennsylvania
                                 Rhode Island

  Caryl Jefferson                   Laura Kirksey, DCA             Angie Stackhouse
(850) 414-7780                   (850) 922-6339                 (850) 922-4551
Idaho                            Georgia                         Alaska
Illinois                                                         Arizona
Iowa                                Lena Moye                    California
Michigan                         (850) 228-4982                  Colorado
Minnesota                        Alabama                         Hawaii
Missouri                         New Jersey                      Indiana
North Dakota                     New York                        Nevada
Oregon                                                           New Mexico
South Dakota                                                     South Carolina
Washington                                                       Utah
Wisconsin                                                        Virgin Islands


“Approved placement” means the receiving state has determined after an
assessment that the placement is both safe and suitable for the child and is in
compliance with the applicable laws of the receiving state governing the placement
of children therein.

“Assessment” means an evaluation of a prospective placement to determine
whether the placement meets the individualized needs of the child, including but
not limited to the child’s safety and stability, health and well-being, and mental,
emotional and physical development.
“Child” means an individual who has not attained the age of eighteen (18).

“Default” means the failure of a member state to perform the obligations or
responsibilities imposed upon it by this compact, the bylaws or rules of the
Interstate Commission.

“Indian tribe” means any Indian tribe, band, nation, or other organized group or
community of Indians recognized as eligible for services provided to Indians by the
Secretary of the Interior because of their status as Indians, including any Alaskan

ICPC Manual                                                            20
native village as defined in section 3 (C) of the Alaska Native Claims settlement
Act at 43 USC 1602 (c).

“Interstate Compact for the Placement of Children” means the commission that is
created under Article VIII of this compact and which is generally referred to as the
Interstate Commission.

“Jurisdiction” means the power and authority of a court to hear and decide matters.

“Member state” means a state that has enacted this compact.

“Non-custodial parent” means a person who, at the time of the commencement of
court proceedings in the sending state, does not have sole legal custody of the
child or has joint legal custody of a child, and who is not th subject of allegations or
findings of child abuse or neglect.

“Placement” means the act by a public or private child placing agency intended to
arrange for the care or custody of a child in another state.

“Private child placing agency” means any private corporation, agency, foundation,
institution, or charitable organization, or any private person or attorney that
facilitates, causes, or is involved in the placement of a child from one state to
another and that is not an instrumentality of the state or acting under color of state

“Provisional placement” means that the receiving state has determined that the
proposed placement is safe and suitable, and, to the extent allowable, the
receiving state has temporarily waived its standards or requirements otherwise
applicable to prospective foster or adoptive parents so as to not delay the
placement. Completion of the receiving state requirements regarding training for
prospective foster or adoptive parents shall not delay an otherwise safe and
suitable placement.

“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.

“Receiving state” means the state to which a child is sent, brought, or caused to be
sent or brought.

“Relative” means someone who is related to the child as a parent, step-parent,
sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or firswt
cousin or a non-relative with such significant ties to the child that they may be
regarded as relatives as determined by the court in the sending state.

ICPC Manual                                                              21
“Residential Facility” means a facility providing a level of care that is sufficient to
substitute for parental responsibility or foster care, and is beyond what is needed
for assessment or treatment of an acute condition. For purposes of the compact,
residential facilities do not include institutions primarily educational in character,
hospitals, or other medical facilities.

“Sending state” means the state from which the placement of a child is initiated.

“State” means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,
the Northern Marianas Islands and any other territory of the United States.

“State court” means a judicial body of a state that is vested by law with
responsibility for adjudicating cases involving abuse, neglect, deprivation,
delinquency or status offenses of individuals who have not attained the age of
eighteen (18).

“Supervision” means monitoring provided by the receiving state once a child has
been placed in a receiving state pursuant to this compact.


ADDINFO – Additional Information
CASEH – Case History
CLOSCA – Case Closure
CMPHS – Completed Homestudy
EMAIL – Case Emails
ORDCM – Order of Compliance
ORDPRTY – Order of Compliance - Priority
PLACM – Placements
PNDHS – Pending Homestudy
PNDHS02 - Pending Homestudy – Part 02
PNDHS03 - Pending Homestudy - Part 03
PRELIM – Preliminary Home Evaluation
PSRPT – Progress and Status Report
PUBADOPT – Public Adoption
PVTADOPT – Private Adoption
REG01 – Intact Relocation – Reg01
REG07 – Priority Placement – Reg07
TRANS – ICS Transmittal

Naming Convention:
  All new requests:
Georgia- Doe, John(pending request)

ICPC Manual                                                               22
  All placements (100B's to place and close):
New York-Anderson, John (placements)
  All completed HS & prelimiary reports:
Ohio-Smith,Ann (completed study or preliminary report)
  All progress/status reports:
Pennsylvania-Jones, Roger (program report or status



     Type of Care               Check Adoption

                                Check IV-E or Non IV-E

                                Check Completed in Sending State

     Legal Status (current)     Check TPR

     Services Requested         In column 1 check Adoptive Home Study
                                In column 2 check request receiving agency
                                arrange supervision
                                In column 3 check supervision every 30 days;
                                quarterly reports


     Type of Care               Check Foster Home

     Legal Status (current)     Check Protective Services if current court order
                                shows child is under agency protective
                                Check Sending Agency Custody if current court
                                order shows child is in foster care status

     Services Requested         In column 1 check Foster Home
                                In column 2 check requests receiving agency
                                arrange supervision
                                In column 3 check supervision every 30 days;
                                quarterly reports

ICPC Manual                                                        23
      Type of Care                Check Parent

      Legal Status (current)      Check Protective Supervision if current court
                                  order shows child is under agency protective
                                  Check Sending Agency Custody if current court
                                  order show child is in foster care status

      Services Requested         In column 1 check Parent Home Study
                                 In column 2 check requests receiving agency
                                 arrange supervision
                                 In column 3 check supervision every 30 days;
                                 quarterly reports

      Type of Care                Check Relative

      Legal Status (current)      Check Protective Supervision if current court
                                  order shows child is under agency protective
                                  Check Sending Agency Custody if current court
                                  order shows child is in foster care status

      Services Requested          In column 1 check Relative Home Study
                                  In column 2 check requests receiving agency
                                  arrange supervision


The agency would need to request/purchase services directly from an agency in
Puerto Rico.

Florida ICPC is not involved in actions outside of the Compact, but has prepared a
contact list for Puerto Rico and included in the ICPC publications library:

      Department of the Family-Interagency Services Division PO Box 194090
      San Juan, PR 00919-4090

      Phone 787-625-4900
      ext. 1082-Ednna Heredia            (caseworker)
      ext. 1025-Evelyn Gonzalez          (caseworker)
      ext. 1021-Nelly Davila             (secretary)

ICPC Manual                                                         24
      ext. 1022-Eliz N. Navarro           (secretary)
      ext. 2013-Yolanda Rosario           (Supervisor)

Below is the number for social services in Puerto Rico. They will provide you with
the local number for the city or municipality you are seeking info on. It would be
helpful to know the city/area the family lived in while in Puerto Rico.

Toll-Free: |(800) 981-8333
Local    |(787) 749-1333                                    |

Federal Express Address:

Centro De Recursos Para La Familia
Administracion De Familias Y Ninos
Oficina De Servicios Interagenciales Y Del Exterior
Edificio Plaza Sevilla #58 Piso #7
San Juan, PR 00919-4090


Centro De Recursos Para La Familia
Administracion De Familias Y Ninos
Oficina De Servicios Interagenciales Y Del Exterior
PO Box 194090
San Juan, PR 00919-4090

Office Hours: Monday – Friday, 8am – 4:30pm
Fax #: (787) 625-4947
Main #: (787) 296-0896 (direct)
        (787) 625-4900 Exts. 1021, 1082, 1022, 1025

1. Yolanda Rosario, Supervisor of Interagency Services (“ICPC” type requests)
      (787) 625-4900 e-mail: yrosario@adfan.gobierno.pr

2. Evelyza Crespo, Assistant Administrator for Adoption & Foster Care
      (787) 625-4900 e-mail: ecrespo@adfan.gobierno.pr

3. Elizabeth Diaz-Rivera, Adoptions Supervisor (787) 625-4900 Ext.2945 or (787)
        625-4945 (direct line) e-mail: ediaz@adfan.gobierno.pr

4. Carmen Nazario ADFAN Administrator (787) 625-4900 Ext. 3927

ICPC Manual                                                          25
   e-mail: cnazario@ADFAN.yahoo.com

5. Carmen’s Secretary: Myrna (787) 625-4900 Ext. 1058

Child Abuse Clearance Procedure—A letter on DYFS letterhead to be sent to the
Interagency Services Office-must include specific info, i.e. child’s full name, dob,
SS#, as well as adults. Letter should explain basis for request with accompanying
documents if necessary. This office will than provide this services to CPS
agencies. A phone call is not ok.

Agencies can use International Social Services contacts to request/purchase home
study and supervision services in many sovereign nations.

Link to the International Social Service Network page:

And the ISS-USA site:


The points of contact for ICPC/OTI for CHS Orange county that need to be
included on emails are the following:

Ilga Portarescu, DCM Supervisor                 Ilga.Portarescu@chsfl.org
Hortensia.Ocasio, ICPC/OTI DCM                  Hortensia.ocasio@chsfl.org
Eduardo Lopes                                   Eduardo.lopes@chsfl.org
Jennifer Patterson                                Jennifer.patterson@chsfl.org

ICPC Manual                                                           26

Shared By: