(1) Intent of the ICPC. The intent of the ICPC is to ensure that the child placed out-of-state has the same protections and services provided in the home state. ICPC also ensures the return of the child to the original county of jurisdiction when:
(A) the placement is determined contrary to the interests of the child; or
(B) the need for out-of-state services ceases.
(2) Types of placements the ICPC Program Unit does not process or approve. The ICPC Program Unit does not:
(A) process an ICPC placement request for a person older than 18 years of age from out-of-state; or
(B) approve out-of-state placements into a:
(i) residential treatment center (RTC);
(ii) child caring institution; or
(iii) group home facility for the child:
(I) who has committed homicide or rape;
(II) requires a secured facility; or
(III) has a runaway history.
(3) Exceptions. Exceptions are considered by the ICPC Program Unit on a case-by-case basis. When requesting an exception, the sending state must provide the ICPC Program Unit:
(A) the age of child when the homicide, rape, or runaway activity occurred;
(B) a court order from the sending state finding the child's condition does not pose a danger to others in the facility or to the community if the child runs away from the facility;
(C) the complete juvenile delinquent record;
(D) a psychological evaluation of the child within the last 90 calendar days;
(E) all discharge summaries from other treatment facilities and detention centers;
(F) the full disclosure of details regarding the homicide or rape incident;
(G) the complete history and circumstances of the runaway activity;
(H) a summary of the child's history of violence, abuse, or physical aggression; and
(I) any information determined necessary by the ICPC Program Unit.
(4) Initiating a placement request. The child welfare (CW) specialist:
(A) utilizes Form 04IC006E (ICPC-107), Out-of-State Placement Request Checklist, when submitting an ICPC request;
(B) completes Form 04IC002E (ICPC-100A), Interstate Compact on the Placement of Children Request, and submits it with required documents to the ICPC Program Unit for processing; and
(C) when submitting a foster home study request, sends Form 04FC003E, Notice to Foster Parent Applicant(s), to the prospective placement provider for signature and retains a signed copy for the case record.
(5) ICPC approval process and use of placement.
(A) The local office of the receiving state completes the home study and sends a recommendation to the ICPC compact administrator in the receiving state.
(B) The receiving state ICPC determines whether placement is approved and sends the completed home study with signed Form 04IC002E (ICPC-100-A) to the ICPC Program Unit.
(C) These documents are routed to the CW specialist who initiated the request.
(D) Oklahoma, as the requesting state, accepts the completed home study unless, within 14 calendar days of receiving the report, it is determined that making a decision in reliance on the report would be contrary to the child's welfare.
(E) The final decision regarding the use of an ICPC placement is determined by the CW specialist, CW supervisor, and court.
(F) Permission to place by the receiving state is valid for six months.
(G) When the placement is not utilized within the six-month period, the CW specialist submits a new ICPC request, per OAC 340:75-1-86 Instructions to Staff (ITS) # 2.
(6) ICPC status changes. When placement is made in the receiving state in an approved ICPC resource, the CW specialist prepares Form 04IC003E (ICPC-100-B), Report on Child's Placement Status, indicating the date of placement.
(A) Form 04IC003E (ICPC-100-B) is submitted to the ICPC Program Unit within 15 business days of placement or status change.
(B) Supervision of the child's placement begins after the receiving state receives Form 04IC003E (ICPC-100-B) indicating the date of placement.
(C) Form 04IC003E (ICPC-100-B) is prepared for other status changes in the case such as the:
(i) proposed placement request is withdrawn;
(ii) child's treatment is completed in the facility;
(iii) custody of the child is transferred to a relative or parent;
(iv) child reaches the age of majority or is legally emancipated;
(v) sending state terminates jurisdiction with concurrence of the receiving state or unilaterally;
(vi) child returns to sending state;
(vii) child moves to another state; or
(viii) approved resource is not used for placement.
(7) ICPC resources and supportive services for a child in OKDHS custody placed out-of-state.
(A) KIDS resources are not created for parent placements.
(B) OKDHS does not pay out-of-state placement providers training stipends or for child care services.
(C) Upon receipt of the approved home study, Form 04IC002E (ICPC-100-A) recommending placement, and a copy of the foster care license or certification, when applicable, the CW specialist creates a resource for an ICPC:
(i) relative placement by selecting Category - Other Services and Type - Kinship/Non-Relative Non-Paid or Kinship/Relative Non-Paid in the KIDS Resource Directory screen; or
(ii) foster care placement by selecting Category - Foster Family and Type - CW Foster Fam. Care/Kinship/Non-Relative or CW Foster Family Care/Kinship/Relative in the KIDS Resource Directory screen.
(D) Foster care payment is only made to resources that meet the receiving state's requirements as a foster home. OKDHS pays the foster parent the receiving state's foster care rate. The CW specialist:
(i) sends the foster parent an applicable OKDHS contract for signature. The foster parent returns the signed contract to the CW specialist:
(ii) sends the contract to Resource Section for processing;
(iii) after the contract number is entered in KIDS by Resource Section, enters the receiving state's foster care daily rate in the KIDS Difficulty of Care screen with rate IX;
(iv) enters the child's placement using the placement provider's resource; and
(v) files a copy of the foster parent's current license or certification, home study, and receiving state's foster care rate, and maintains re-assessments in the resource record. The foster parent must maintain compliance with the receiving state's foster care requirements for payment to continue.
(E) The foster parent is reimbursed for clothing purchases for the child, per OAC 340:75-13-45.
(F) The child receives medical coverage, per OAC 340:75-13-75.
(G) Independent living (IL) services are coordinated for eligible youth between the CW specialist and the worker supervising the case in the receiving state, per OAC 340:75-6-115.1.
(H) The CW specialist assures that an agency caseworker of the receiving state makes a face-to-face contact with the child placed in a parent, relative, or foster home no less frequently than every month and submits a report on the content of the contact.
(8) Communication between states and case updates. The local office in the receiving state and CW specialist may communicate about the placement, but all written communication is routed through the ICPC Section. No later than 30 calendar days after a court hearing, the CW specialist submits, in triplicate to the ICPC Program Unit the:
(A) court report;
(B) current treatment and service plan; and
(C) court journal entry. The ICPC Program Unit mails this information to the receiving state.
(9) Jurisdiction and placement supervision. The CW specialist does not make a recommendation to the court for a change of custody, guardianship, or adoption by the placement provider in the receiving state or for case dismissal while the child is in the receiving state without the written concurrence of the receiving state ICPC.
(A) The CW specialist may request concurrence by sending a written request to the ICPC Program Unit.
(B) The Oklahoma court retains jurisdiction over the child sufficient to determine all matters in relation to custody, supervision, care, and disposition of the child that it would have had if the child remained in Oklahoma.
(i) Jurisdiction is not dismissed until the child is adopted, reaches the age of majority, becomes self-supporting, or is discharged with the concurrence of the receiving state ICPC.
(ii) When the court dismisses jurisdiction without concurrence of the receiving state ICPC, the district director contacts the ICPC Program Unit immediately.
(1) Parent home study procedures.
(A) The CW specialist uses Form 04IC008E (ICPC-102), Home Study Guide, and Form 04IC007E (ICPC-102-A), Home Study, to assess the safety and suitability of placing a child in the home.
(B) The parent home study is completed and a report addressing the extent to which the home meets the needs of the child is provided to CFSD ICPC within 55 calendar days from the date the CW specialist receives the request from the ICPC Program Unit.
(C) The parent home study report is provided by the ICPC Program Unit to the requesting state within 60 calendar days of the initial request.
(D)The CW specialist attaches to Form 04IC007E (ICPC-102-A):
(i) Form 04AD003E, Request for Background Check, with results on all household members 18 years of age or older;
(ii) Form 04KI001E, Referral Information Report, and Form 04KI003E, Report to District Attorney, if applicable;
(iii) Form 04AF004E, House Assessment;
(iv) at least three references, using Forms:
(I) 04AF015E, Resource Family Reference Letter for Adult Children;
(II) 04AF014E, Resource Family Reference Letter for School Personnel;
(III) 04AF011E, Resource Family Reference Letter for an Employer; and
(IV) 04AF016E, Resource Family Personal Reference Letter; and
(V) Form 04AF007E, Records Check Documentation Form.
(2) Relative home study procedures.
(A) A relative home study is conducted when the relative has chosen not to accept a foster care reimbursement.
(B) The CW specialist uses Form 04AF003E, Resource Family Assessment, to assess the safety and suitability of placing a child in the home.
(C) Form 04AF003E, without the portions that address training, is completed and a report, addressing the extent to which the home would meet the needs of the child, is provided to the ICPC Program Unit within 55 calendar days from receipt of request.
(D) The relative home study report is provided by the ICPC Program Unit to the requesting state within 60 calendar days of the initial request.
(i) The relative must agree to attend pre-service training before Form 04AF003E is submitted to the ICPC Program Unit.
(ii) Pre-service training must be completed within 90 days from the date of the child's placement.
(iii) After training is completed, the CW specialist sends pre-service training verification via KIDS Individual Training Record or training certificates to the ICPC Program Unit.
(E) The placement provider who is approved as a relative placement is not eligible for foster care payment.
(F) When the placement provider's income is not sufficient to meet the needs of the child, the home study is denied.
(G) The CW specialist completes a full home study as required for foster care resources, per OAC 340:75-7.
(H) The CW specialist sends three copies of Form 04AF003E to the ICPC Program Unit for review and:
(i) Form 04AF003E with results regarding all household members 18 years of age or older;
(ii) Form 04KI001E and Form 04KI003E, when applicable;
(iii) Form 04AF004E;
(iv) at least six references, using Forms:
(III) 04AF011E; and
(v) 04AF007E; and
(vi) copy of fingerprint cards for all household members 18 years of age or older. Fingerprint results are required prior to submitting the completed home study to the ICPC Program Unit when any household member has lived in Oklahoma less than five years. Otherwise, fingerprint results are sent to the ICPC Program Unit upon receipt.
(3) Foster home study procedures. A foster home study is conducted when the relative has chosen to accept a foster care reimbursement. The CW specialist uses Form 04AF003E, Resource Family Assessment, to assess the safety and suitability of placing a child in the home. The CW specialist:
(A) completes a full resource family assessment as required for foster care resources, per OAC 340:75-7-18. The home study is:
(i) completed and a report, addressing the extent to which the home would meet the needs of the child, is provided to the ICPC Program Unit within 55 calendar days from receipt of request; and
(ii) provided by the ICPC Program Unit to the requesting state within 60 calendar days of the initial request; and
(B) sends to the ICPC Program Unit for review:
(i) three copies of Form 04AF003E;
(ii) Form 04AD003E with results on all household members 18 years of age or older;
(iii) Form 04KI001E and Form 04KI003E, when applicable;
(iv) Form 04AF004E;
(v) at least six references, using Forms:
(III) 04AF011E; and
(vi) Form 04AF007E;
(vii) verification of pre-service training completion via KIDS Individual Training Record or training certificates within five business days of completion of training;
(viii) copy of fingerprint cards for all household members 18 years of age or older. Fingerprint results are required prior to submitting a completed home study to the ICPC Program Unit when any household member has lived in Oklahoma less than five years. Otherwise, fingerprint results are sent to the ICPC Program Unit upon receipt; and
(ix) OKDHS foster care rates and, when applicable, difficulty of care rates, per OAC 340:75-7.
(4) Opening ICPC resources for placement providers for children under another state's jurisdiction.
(i) relative placement by selecting Category - Other Services and Type – ICPC/Relative in the KIDS Resource Directory screen. A request for a relative home study is a non-paid placement request and the relative does not receive foster care payment; or
(ii) foster placement by selecting Category – Other Services and Type – ICPC/Foster in the KIDS Resource Directory screen. A request for a foster home study is a paid placement request and the sending state may pay the placement provider a foster care payment upon approval.
(5) Sending state financially responsible for care of the child. The sending state agency, guardian, or person is financially responsible for the care of the child. The prospective placement provider in Oklahoma is not entitled to OKDHS training stipends, foster care child care services, foster care payments, contingency funds, or clothing vouchers.
(6) Placement of an out-of-state child with parent, relative, or foster parent in Oklahoma. The ICPC Program Unit forwards Form 04IC003E (ICPC-100-B), verifying the child's placement to the district of placement and a CW specialist is assigned to the case. The CW specialist:
(A) opens an ICPC case in KIDS using the oldest child's last name and provider's address and selects case Type – ICPC;
(B) enters the child's placement using the placement provider's resource. When the child is placed with a parent, the KIDS Living Arrangement and Demographics screens are completed;
(C) provides quarterly progress reports to the ICPC Program Unit using Form 04IC004E (ICPC-108), Progress Report for ICPC Cases;
(D) visits the child monthly and documents the visits in the KIDS Contacts screen;
(E) refers the family for services, as needed;
(F) ensures placement providers approved as ICPC relative or foster care resources maintain compliance with OKDHS resource requirements; and
(G) notifies the ICPC Program Unit immediately of:
(i) placement disruptions;
(ii) child abuse or neglect referrals; and
(iii) policy violations involving ICPC placement providers.
(7) Permanency for the child. After a minimum of six months of placement supervision, the CW specialist may recommend the sending state seek permanency for the child.
(A) Recommendations may include transfer of custody to the placement provider through guardianship or adoption.
(B) After permanent legal custody is established, the CW specialist may recommend case dismissal.
(C) Recommendations are discussed with and approved by the CW supervisor.
(D) Recommendations are not final until approved by the ICPC Program Unit.
(E) The ICPC case remains open until Form 04IC003E (ICPC-100-B) is received from the sending state terminating the case or closure notification is received from the ICPC Program Unit.
(1) When a foster parent requests to move to another state with the child in foster care as an intact family and the move is in accordance with the case plan for the child, the CW specialist:
(A) submits, 45 calendar days prior to the planned move, an ICPC request for placement, per OAC 340:75-1-86 ITS # 4;
(B) when the decision to relocate to another state is not made until 45 calendar days or less before the intended move, prepares the ICPC request immediately and sends to the ICPC Program Unit for prompt handling;
(C) obtains and attaches to the ICPC request a memorandum approved by the district director, per OAC 340:75-7-41 ITS; and
(D) obtains the placement provider's signature on Form 04MP001E, Consent for Release of Information, that permits the CW specialist to attach the home study and re-assessment(s) to the ICPC request.
(2) The foster family must comply with the receiving state's requirements for licensing or certification as a foster care provider.
(A) The receiving state determines the ability of the placement to meet the child's needs under the circumstances of the proposed relocation.
(B) Within 30 calendar days of notification by the ICPC Program Unit that the family and child have relocated, a worker in the receiving state is assigned to assess and assist the family in complying with the applicable requirements of the receiving state.
(3) The foster parent continues to receive foster care payment after the move provided the foster parent is cooperating with the certification or licensing process in the receiving state. When the foster parent fails to cooperate with the certification or licensing process, payment is stopped. The placement becomes an illegal placement and the child must return to Oklahoma.
(1) An Other Workload Request is assigned to the district of the child's placement by ICPC Program Unit for ICPC supervision of a child in an Oklahoma RTC, child caring institution, or group home.
(2) The Other Workload Request is assigned by the district.
(3) Upon assignment, the CW specialist opens a KIDS case and closes the Other Workload Request.
(4) The CW specialist completes the KIDS:
(A) Summary screen with the case type ICPC;
(B) General Information screen on the child, including the child's living arrangements;
(C) Demographics screen denoting the facility's address; and
(D) Status screen listing the child's custody, as either the state agency or parent.
(5) After receipt of Form ICPC-100-B indicating placement is made in the facility, the CW specialist:
(A) visits the child a minimum of once a month in the facility when the child is in the custody of the sending state;
(B) visits the child a minimum of every 90 calendar days in the facility when the child is in the custody of the parent or other legal guardian.
(i) The purpose of the visit is to determine that the placement is not contrary to the child's interests.
(ii) The visit is documented in the KIDS Contacts screen.
(iii) No progress report is required by the CW specialist;
(C) notifies the ICPC Program Unit of any concerns identified during a visit; and
(D) notifies the sending state of the CW specialist's concerns.
(6) When there are concerns regarding:
(A) improper treatment of the child, the Office of Client Advocacy is notified; or
(B) the facility and the facility's care of the child, the Oklahoma Child Care Services licensing worker assigned to the facility is notified.
(1) child is under the jurisdiction of a court as a result of action taken by a child welfare agency;
(2) court has the authority to determine custody and approve placement of the child;
(3) child is no longer in the home of the parent from whom the child was removed; and
(4) child is being considered for placement in another state with a parent, stepparent, grandparent, adult uncle or aunt, adult brother or sister, or the child's guardian.
(A) The child has an unexpected dependency due to the sudden or recent incarceration, incapacitation, or death of the parent or guardian. Incapacitation means the parent or guardian is unable to care for the child due to a medical, mental, or physical condition.
(B) The child considered for placement is four years of age or younger and has older siblings considered for placement with the same proposed placement resource.
(C) The court finds that the child or any child in the sibling group sought to be placed has a substantial relationship with the proposed placement resource. Substantial relationship means the proposed placement has a familial or mentoring role with the child, has spent more than cursory time with the child, and has established more than a minimal bond with the child.
(D) The child is currently in an emergency placement.
(1) Upon receipt of the documentation set forth in Subsection (e), the receiving state expedites the provisional determination of the appropriateness of the proposed placement resource by:
(A) performing a physical walk-through by the receiving state's caseworker of the prospective placement's home to assess the residence for risks and appropriateness for placement of the child;
(B) searching the receiving state's child protective services database for prior history of abuse or neglect regarding the prospective placement and adult household members as required by the receiving state for emergency placement of a child in the receiving state's custody;
(C) performing a local criminal background check of the prospective resource placement and adult household members;
(D) undertaking other determinations as agreed upon by the sending and receiving state compact administrators; and
(E) providing a provisional written report to the receiving state compact administrator as to the appropriateness of the proposed placement.
(2) A request by Oklahoma as the sending agency for a determination for provisional approval or denial is made by OKDHS including the request in the ICPC Regulation 7 Order for Expedited Placement Decision.
(3) Determination made under a request for provisional approval or denial is completed within seven calendar days of receipt of the completed request packet by the receiving state compact administrator, unless the receiving state is unable to meet the time requirement due to situations such as staff shortages, budget cuts, or furloughs.
(A) A provisional approval or denial is communicated to the sending state compact administrator by the receiving state compact administrator in writing.
(B) The communication does not include the signed Form 04IC002E, (ICPC-100A), Interstate Compact on the Placement of Children Request, until the final decision is made pursuant to subsection (g).
(4) Provisional placement, when approved, continues pending a final approval or denial of the placement by the receiving state or until the receiving state requires the return of the child to the sending state pursuant to subsection (j).
(5) A provisional denial means that the receiving state cannot approve a provisional placement pending the more comprehensive home study or assessment process due to issues that need to be resolved.
(6) When provisional approval is given for placement with a parent from whom the child was not removed, the court in the sending state may direct its state agency to request concurrence from the sending and receiving state compact administrators to place the child with the parent and relinquish jurisdiction over the child after final approval is given.
(A) When concurrence is not given, the sending agency retains jurisdiction over the child as otherwise provided under Article V of the ICPC.
(B) When the child is placed in Oklahoma under provisional approval, OKDHS provides supervision of the child and placement consistent with OAC 340:75-6-48 Instructions to Staff (ITS) # 4, 5, and 9.