Department for Community Based Services

Standards of Practice Online Manual

10.1 Introduction to ICPC Home Studies

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 10-Interstate Compact on the Placement of Children
Effective:
11/1/2012
Section:
10.1 Introduction to ICPC Home Studies
Version:
2

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Legal Authority/Introduction

LEGAL AUTHORITY:

The Interstate Compact on the Placement of Children is a uniform law that has been enacted by all fifty (50) states, the District of Columbia and the U.S. Virgin Islands. Kentucky’s interstate compact legislation is KRS 615.030. It establishes orderly procedures for the interstate placement of children and outlines responsibility for those involved in placing the child.  The Kentucky ICPC office is responsible for the daily tasks associated with the administration of the compact.  All interstate placements including parent, relative, foster care, public and private adoptions and residential treatments are cleared through this office.

Federal legislation H.R.5403–Safe and Timely Interstate Placement of Foster Children Act of 2006, P.L.109-239 establishes specific timelines for interstate relative, foster care and adoptive home study requirements. A state is required to complete and report on the interstate relative, foster care or adoptive home study by another state within sixty (60) calendar days, with an incentive payment awarded to the state for each interstate relative, foster care/adoptive home study completed within thirty (30) calendar days. The parts of the foster care/adoptive home study involving training and fingerprint checks by the Kentucky State Police and Federal Bureau of Investigations requirements do not have to be completed within the same timelines.

To remain eligible for IV-E funding, the Cabinet does not impose any limitations on the receiving state’s ability to contract with a private agency for the purpose of conducting the interstate study.  The Cabinet treats any home study received from another state, tribe, or private agency under contract with a state/tribe as meeting any Cabinet requirement for the completion of the home study; unless, within fourteen (14) days of receiving the report, the state determines, based on grounds specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.  The Cabinet does not deny or delay the placement of a child for adoption when an approved family is available outside the state (Title IV-E; Section 471(a)(23)(A)&(B) of the Social Security Act).

The Cabinet provides a general e-mail address for staff to utilize when making ICPC requests:  CHFS.Interstate@ky.gov.  The e-mail address may be used for inquiries, for submission or receipt of documentation (status reports, progress reports, referral packets, etc.), or for any other ICPC information.  The ICPC office will reject or return incomplete requests.

 

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