Department for Community Based Services

Standards of Practice Online Manual

10.4 Request to Place a Kentucky Child in Another State with a Parent or Relative-Court Jurisdiction Only Cases

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:
10.4 Request to Place a Kentucky Child in Another State with a Parent or Relative-Court Jurisdiction Only Cases
Version:
2

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Legal Authority / Introduction

LEGAL AUTHORITY:  

Procedure

The SSW:

  1. Follows procedures in SOP 10.3 Non-Priority Request to Place a Kentucky Child in Another State with a Parent or Relative, as well as, the following procedures;
  2. Includes the following information for open cases where the Cabinet does not have legal custody/commitment of the child(ren) (CJO cases):
      1. Court order showing who has legal custody; and
      2. Court order requesting an interstate home study;
  3. Prints the 100A–Interstate Compact on the Placement of Children Request and obtains the judge’s signature, as the “sending agency or person;
  4. Sends the signed 100A along with the complete referral packets to the Kentucky interstate compact office;
  5. 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 receipt of 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;
  6. Documents decisions about interstate placements thoroughly in the child’s case record and on the case plan;
  7. Informs the court that pursuant to KRS 615.030 and the Interstate Compact on the Placement of Children (ICPC):
    1. The sending agency (the Kentucky court) shall retain jurisdiction over the child in all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state; and
    2. The Cabinet will serve as the agent for the court throughout the interstate process and will ensure compliance with the compact.

The ICPC office mails or e-mails:

  1. The ICPC-100A Interstate Compact on the Placement of Children Request form and packets to the receiving state’s ICPC office for processing within three (3) business days of receipt of the referral packet;
  2. A copy of the approved or denied home study from the other state to the requesting SSW.

The SSW the Kentucky ICPC office, via e-mail:

  1. Once it is determined that the parent or relative home is approved for placement, or that it will not be utilized; 
  2. Regarding the child’s placement date (as requested on the cover letter), if the parent or relative home is utilized for placement. 1

 Practice Guidance

  • Since the Cabinet does not have legal custody of the child(ren) in CJO cases the court order must state in some manner that the:
    • Kentucky court shall retain jurisdiction over the child in all matters in relation to the custody, supervision, care, treatment and disposition of the child; and
    • Cabinet will maintain an open case to serve as the agent for the court throughout the interstate process to ensure compliance with the compact until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state.
  • The court order must include: “The Kentucky court will retain jurisdiction over the child(ren). CHFS will request an interstate home study and maintain an open case to serve as the agent for the court throughout the interstate process to ensure compliance with the compact.”
  • The SSW may use and customize the ICPC Judicial Request Letter to assist in:
    • Informing the judge of the requirements by the receiving state to fulfill Kentucky’s request for an interstate home study; and
    • Obtaining the judge’s signature on the 100A.
  • Referral packets on CJO cases, that are incomplete, will be returned to the sending SSW or FSOS.
  • The interstate compact may not apply when the court orders a child to be placed with a non-custodial parent who lives out of state.  In this situation, the two states must work together to come to an agreement regarding details of the child’s placement (refer to Regulation 3).
  • DCBS does not require that prospective out of state relative placements be licensed or approved for foster care prior to placement.  However, if the receiving state requires this certification, Kentucky will ensure all qualifications are met and will forward documentation to the appropriate ICPC office. 
  • Requests for parent or relative home studies outside of the United States are not governed by the Interstate Compact on the Placement of Children.  The SSW or FSOS may work directly with the child welfare agency in the specific country or the international social service, and can be contacted at the following address:
    • International Social Service—United States of America Branch, Inc. (ISS-USA)
      200 E. Lexington Street, Suite 1700
      Baltimore, MD 21202
      Telephone: 443-451-1200
      Fax: 443-451-1220
      Email:
      iss-usa@iss-usa.org 
      Website:
      www.iss-usa.org
 

Footnotes

  1. Placement approval is valid for six (6) months from the date on the ICPC 100A.

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