In accordance with federal law, the court of original jurisdiction (the court in the sending state) retains jurisdiction over the case. The receiving state has no legal authority over the child(ren), except to provide supervision and services as specified in the interstate compact for the placement of children (ICPC) agreement (KRS 615.030).
For out of state children placed in Kentucky, it is recommended that after six (6) months of supervision, the Kentucky SSW recommends the sending state seeks permanency, if the child has adjusted well to the placement. This recommendation is documented in the ICPC Quarterly Progress Report. Once an adoption is finalized, or a new custodian is established, the ICPC case may be closed.
Jurisdiction may be terminated by the court when the child:
- Is adopted;
- Reaches the age of majority according to the laws of the sending state; or
- Is discharged from the custody/commitment of the sending state with concurrence of the ICPC Office in the receiving state.
If the child/youth is discharged without an adoption, a new order to a new custodian should be made, if the child/youth has not reached the age of majority.
All states require approval from both state’s ICPC offices prior to the dismissal of custody/commitment of a Kentucky child placed out of state.
For a Kentucky child placed out of state
- The receiving state ICPC office recommends dismissal of custody/commitment by submission of an ICPC supervision report to the Kentucky ICPC office.
- Upon receipt of the report, the Kentucky ICPC office forwards the report to the local DCBS office within three (3) business days of receipt of the report.
- Convenes a family team meeting (FTM) or case conference to ensure that the team agrees with the receiving state’s recommendation of custody/commitment dismissal and case closure;
- Advises the Kentucky ICPC office of the recommendation to dismiss custody/commitment;
- Requests a court hearing to dismiss custody/commitment;
- After the hearing, sends an ICPC-100B Interstate Compact Report on Child’s Placement Status form and any relevant court orders to the Kentucky ICPC office to advise of the dismissal of jurisdiction and closure of the case; and
- Ends the placement in TWIST.
- The Kentucky ICPC office forwards all relevant information to the receiving state’s ICPC office.
For an out of state child placed in Kentucky
- Convenes a FTM or case conference to determine whether custody/commitment dismissal is in the child’s best interests;
- Completes an ICPC Quarterly Progress Report to advise the Kentucky ICPC office of its recommendation to dismiss custody/commitment; and
- Submits the ICPC Quarterly Progress Report to their FSOS for approval.
- Approves the ICPC Quarterly Progress Report; and
- Immediately forwards the ICPC Quarterly Progress Report to the Kentucky ICPC office.
The Kentucky ICPC office:
- Forwards the ICPC Quarterly Progress Report to the sending state’s ICPC office within three (3) business days of receipt; and
- Upon receipt of all relevant information from the sending state’s ICPC office regarding custody/commitment dismissal, forwards any relevant information to the DCBS local office.
- When the decision is made to recommend custody/commitment dismissal to the court for an ICPC placement, the SSW should work with the family to make sure they are prepared to assume total responsibility of the child in their care.
- The SSW should assist the family by making sure the child’s medical, educational, mental health, and other specific needs will continue to be met after DCBS is no longer involved with the family.
- Upon receipt of the court order that dismisses custody/commitment, the SSW should notify the family within two (2) business days that the case has officially closed.