Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
340:75-1-86. Interstate Compact on the Placement of Children
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Revised 7-1-13

 

• 1 through 9

(a) Purpose.  The Interstate Compact on the Placement of Children (ICPC) is a means to ensure protection and services to children who are placed across state lines.  The ICPC establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child.

(b) Legal base.  The ICPC is an agreement adopted by all state legislatures and is consistent with constitutional law.  The legal basis for the compact is found in Article I, Section 10, Clause 3 of the United States Constitution and Section 571 of Title 10 of the Oklahoma Statutes.  Oklahoma is one of 50 states, the District of Columbia, and U.S. Virgin Islands that adopted the ICPC and agreed to follow the Articles and Regulations of the ICPC when placing children out-of-state and when children are placed in Oklahoma from another state.

(c) Sending or requesting agency.  The sending or requesting agency is:

  • (1) a party state, officer, or employee thereof;
  • (2) a subdivision of a party state, officer, or employee thereof;
  • (3) a court of a party state;
  • (4) a person, corporation, association, or charitable agency; or
  • (5) an entity that sends, brings, or causes to be sent or brought any child to another party state.

(d) Receiving state.  The receiving state is the state to which a child is sent or brought or caused to be sent or brought, whether:

  • (1) by public authorities or private persons or agencies; and
  • (2) for placement with state or local public authorities, private agencies, or persons.

(e) Types of Placements.  ICPC applies to placement of a child:

  • (1) preliminary to adoption;
  • (2) into foster care, including foster homes, group homes, residential treatment facilities, and child caring institutions for treatment of chronic or long-term conditions;
  • (3) with the parent, stepparent, grandparent, adult brother or sister, or adult aunt or uncle when any such relative is not making the placement; and
  • (4) adjudicated delinquent and placed in institutions in other states.

(f) Exceptions to ICPC.  ICPC does not apply to:

  • (1) placement of a child in a hospital, medical facility, or mental health facility for the primary purpose of treating an acute or short-term medical or emotional problem;
  • (2) placement of a child in any institution primarily educational in character;
  • (3) placement of a child by the parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or child's non-state agency guardian with any such relative or non-state agency guardian in the receiving state;
  • (4) visits in another state;  • 7
  • (5) a child's placement with a non-offending, noncustodial biological parent when the court does not:
    • (A) have evidence that such parent is unfit;
    • (B) seek such evidence; and
    • (C) retain jurisdiction over the child after the court transfers custody;
  • (6) placement of a child in or from another country; and
  • (7) interstate supervision of a parent's treatment and service plan.

(g) Oklahoma as the sending agency or state.  For an out-of-state placement request, the child must be under Oklahoma court jurisdiction but is not required to be in Oklahoma Department of Human Services (OKDHS) custody.

(h) Home study time requirements.  Home studies requested by other states to assess the safety and suitability of placement are conducted, and a report addressing the extent to which the proposed placement meets the needs of the child is completed.

  • (1) The report is provided to the requesting state within 60 calendar days after receipt of the request.
  • (2) When the home study is not completed and provided to the requesting state within 60 calendar days, the specific reasons it is not completed are documented in an email to the Oklahoma ICPC compact administrator.
  • (3) The requesting state must accept the receiving state's home study as meeting the requirements of the receiving state unless, within 14 calendar days of receiving the study, the requesting state determines that making a decision in reliance on the study would be contrary to the welfare of the child.
  • (4) A completed home study does not require the requesting state to place the child.

 

INSTRUCTIONS TO STAFF 340:75-1-86

 

Revised 7-1-13

 

1.   General information regarding the Interstate Compact on the Placement of Children (ICPC).

(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.

2.   Oklahoma as the receiving agency and state for a child who is under the jurisdiction of another state.  When a home study request is received from a sending state, the ICPC Program Unit processes the request, notifies the district by email, and sends a copy of the request to the district with instructions.

(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:

(I) 04AF015E;

(II) 04AF014E;

(III) 04AF011E; and

(IV) 04AF016E;

(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:

(I) 04AF015E;

(II) 04AF014E;

(III) 04AF011E; and

(IV) 04AF016E;

(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.

(A) KIDS resources are not created for parent placements.

(B) The CW specialist creates a resource for an ICPC:

(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.

3.   Foster parent movement out-of-state.

(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.

4.   Supervision of ICPC placements into an Oklahoma residential treatment center (RTC), child caring institution, and group home.

(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.

(5) 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.

5.   (a) ICPC Regulation No. 7 for Expedited Placement Decision.  Intent of ICPC Regulation No. 7.  The intent of ICPC Regulation No. 7 is to:

(1) expedite ICPC approval or denial by the receiving state for the placement of the child with a:

(A) parent;

(B) stepparent;

(C) grandparent;

(D) adult uncle or aunt;

(E) adult brother or sister; or

(F) the child's guardian;

(2) protect the child's safety while minimizing the potential trauma to the child caused by interim or multiple placements while ICPC approval to place with the parent, relative, or guardian is sought through a more comprehensive home study process; and

(3) provide the sending state court or sending agency with expedited approval or denial.  An expedited denial underscores the urgency for the sending state to explore alternative placement resources.

(b) When ICPC Regulation No. 7 is not applicable.  ICPC Regulation No. 7 does not apply when:

(1) the child has been placed in violation of the ICPC in the receiving state, unless a visit has been approved in writing by the receiving state compact administrator and a subsequent order entered by the sending state court authorizing the visit with a fixed return date in accordance with ICPC Regulation No. 9.

(2) the intention of the sending state is for licensed or approved foster care or adoption.  In the event the intended placement is already licensed or approved in the receiving state at the time of the request, such licensing or approval would not preclude application of this regulation.

(3) the court:

(A) authorizes placement of the child with a parent from whom the child was not removed;

(B) has no evidence the parent is unfit;

(C) does not seek any evidence from the receiving state that the parent is either fit or unfit; and

(D) the court relinquishes jurisdiction over the child immediately upon placement with the parent.

(c) Criteria required before ICPC Regulation No. 7 can be requested.  An ICPC  Regulation No. 7 request must meet at least one of the criteria in subparagraphs (A) through (D) of paragraph (4) when the:

(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.

(d) Provisional approval or denial.  Upon request of the sending agency and with agreement of the receiving state, a provisional determination may be made.  The receiving state may, but is not required to provide provisional approval or denial for the child to be placed with a parent, relative, or guardian including a request for an approved placement when the receiving state has a separate licensing process available to relatives including a non-safety issues waiver.

(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.

(e) Steps taken by sending agency before the sending court enters ICPC Regulation No. 7 Order of Compliance.

(1) To consider a placement resource for an ICPC expedited placement decision by a receiving state, the sending agency, prior to submitting a request for an ICPC expedited placement decision, takes minimum steps that include obtaining a:

(A) signed statement of interest from the prospective resource; or

(B) written statement from the assigned case manager in the sending state following a conversation with the prospective placement resource, the prospective placement resource confirms appropriateness for the ICPC expedited placement decision process.  Form 04IC014E, Prospective Placement Resource Statement of Interest, is attached to either statement regarding the prospective placement resource, and includes:

(i) affirmation that the prospective placement resource is interested in becoming a placement resource for the child and is willing to cooperate with the ICPC process;

(ii) confirmation that the prospective placement resource meets the definition of parent, stepparent, grandparent, adult brother or sister, adult aunt or uncle, or the child's guardian, under Article VIII (a) of the ICPC;

(iii) the name and correct address of the prospective placement resource;

(iv) all available telephone numbers and other contact information for the prospective placement resource;

(v) the date of birth and Social Security number of each adult residing in the prospective placement resource's home;

(vi) a detailed description of the number and type of rooms in the prospective placement resource's residence to accommodate the child under consideration;

(vii) the number of people, including children, who will reside in the prospective placement resource's home;

(viii) whether the prospective placement resource has the financial resources or will access financial resources to feed, clothe, and care for the child;

(ix) the plan for child care and how it will be paid for when required due to age or needs of the child;

(x) acknowledgment by the prospective placement resource that a criminal records and child abuse history check will be completed on any person residing in the home required to be screened under the law of the receiving state and that, to the best knowledge of the prospective resource placement, no person residing in the prospective resource placement's home has a criminal history or child abuse history that would prohibit the placement; and

(xi) whether a request is being made for concurrence to relinquish jurisdiction when placement with a parent from whom the child was not removed is sought.

(2) The sending agency submits to the sending state court:

(A) the signed written statement noted in subsection (e); and

(B) a statement that:

(i) based upon current information known to the sending agency, the sending agency is unaware of any fact that would prohibit the child from being placed with the prospective placement resource; and

(ii) the sending agency has completed and is prepared to send all required paperwork to the sending state ICPC office, including Form 04IC002E, Interstate Compact on the Placement of Children Request, (ICPC-100A), and Form 04IC010E, Sending State Priority Home Study Request, (ICPC-101).

(f) Court orders required from the sending state.  The sending state court enters an order consistent with the ICPC Regulation 7 Order for Expedited Placement Decision subject to any additions or deletions required by federal law or the law of the sending state.  The order sets forth:

(1) the factual basis for a finding that ICPC Regulation No. 7 applies to the child in question; and

(2) whether the request includes a request for a provisional approval of the prospective placement and a factual basis for the request.

(g) Time requirements and methods for processing the ICPC expedited placement decision.

(1) Expedited transmissions.

(A) Documentation, requests for information, or decisions may be transmitted by:

(i) overnight mail;

(ii) facsimile transmission; or

(iii) any other recognized method for expedited communication, including electronic transmission, when acceptable.

(B) The receiving state must recognize and give effect to any such expedited transmission of Form 04IC002E (ICPC 100A) or supporting documentation provided it is legible and appears to be a complete representation of the original.  However, the receiving state may request and is entitled to receive originals or duly certified copies when the receiving state considers originals or certified copies necessary for a legally sufficient record under the receiving state's laws.

(C) Any state compact administrator may waive any requirement for the form of transmission of original documents in the event the compact administrator is confident in the authenticity of the forms and documents provided.

(2) Sending state court orders provided to the sending state agency within two business days.  The Regulation 7 Order for Expedited Placement Decision is obtained from the court within two business days of the hearing or consideration of the request.

(3) The local CW specialist sends ICPC request to sending state ICPC office within three business days.  The request includes:

(A) ICPC Regulation 7 order;

(B) a completed Form 04IC002E (ICPC 100A);

(C) Form 04IC010E (ICPC-101);

(D) the statement required under subsection (e); and

(E) supporting documentation pursuant to ICPC Article III including Form 04IC006E, Out-of-State Placement Request Checklist.

(4) Sending state ICPC office sends ICPC request to receiving state ICPC office within two business days.

(A) Within two business days after receipt of a complete ICPC Regulation No. 7 request, the sending state compact administrator transmits the complete request for the assessment and any provisional placement to the receiving state compact administrator.

(B) The request includes a copy of the Regulation 7 order issued in the sending state.

(5) Receiving state ICPC office to render expedited placement decision within 20 business days.  No later than 20 business days from the date the forms and materials are received by the receiving state compact administrator, the receiving state compact administrator makes his or her determination pursuant to Article III(d) of the ICPC and sends the completed Form 04IC002E (ICPC-100A) to the sending state compact administrator by expedited transmission.

(6) Receiving state ICPC office sends request packet to receiving local office within two business days of receipt.  The receiving state compact administrator sends the request packet to the local office within two business days of receipt of the completed packet from the sending state compact administrator.

(7) Receiving state local office returns completed home study to the deputy compact administrator's office within 15 business days of receipt.  The local office in the receiving state completes and returns the home study within 15 business days of receipt of the packet from the receiving state compact administrator.

(8) Time requirement for receiving state ICPC compact administrator to return completed home study to sending state.

(1) Upon completion of the decision process under the time requirements in this regulation, the receiving state compact administrator provides a written report, and Form 04IC002E (ICPC-100A) approving or denying the placement.

(2) The determination is transmitted to the sending state compact administrator:

(A) as soon as possible, but no later than three business days after receipt of the packet from the receiving state local office; and

(B) no more than 20 business days from the initial date that the complete documentation and forms were received by the receiving state compact administrator from the sending state compact administrator.

(h) Recourse when sending or receiving state determines documentation is insufficient.

(1) When the sending state compact administrator determines the ICPC request documentation is substantially insufficient, the sending state compact administrator specifies to the sending office what additional information is needed and requests the information.

(2) When the receiving state compact administrator determines the ICPC request documentation is substantially insufficient, the receiving state compact administrator specifies what additional information is needed and requests the information from the sending state compact administrator. Until receipt of the requested information from the sending state compact administrator, the receiving state is not required to continue with the assessment process.

(3) When the receiving state compact administrator determines the ICPC request documentation is lacking needed information, but is otherwise sufficient, the receiving state compact administrator specifies what additional information is needed and requests the information from the sending state compact administrator.   When a provisional placement is being pursued, the provisional placement evaluation process continues while the requested information is located and provided.

(4) Failure of the compact administrator in either the sending state or the receiving state to request additional documentation or information within two business days of receipt of the ICPC request and accompanying documentation raises a presumption that the sending agency has met its requirements under the ICPC Regulation No. 7.

(i) Failure of receiving state ICPC office or local office to comply with ICPC Regulation No. 7.

(1) When the receiving state compact administrator receives the ICPC Regulation No. 7 request and determines it is not possible to meet the time requirements for the ICPC Regulation No. 7 request, whether or not a provisional request is made the receiving state compact administrator:

(A) notifies the sending state compact administrator as soon as practical; and

(B) sets forth the receiving state's intentions in completing the request, including an estimated time for completion or consideration of the request as a regular ICPC request.

(2) When the receiving state compact administrator or the local state office in the receiving state fails to complete action for the expedited placement request as prescribed in ICPC Regulation No. 7 within the time period allowed, the receiving state is deemed to be out of compliance with the regulation and the ICPC.  When there appears to be a lack of compliance, the sending state court that sought the expedited placement decision:

(A) may inform an appropriate court in the receiving state;

(B) provide the court in the receiving state with copies of relevant documentation and court orders entered in the case; and

(C) request assistance with Regulation No. 7 compliance.

(j) Removal of a child.

(1) When the receiving state compact administrator, after approval and placement of the child, determines the placement no longer meets the individual needs of the child, including the child's safety, permanency, health, well-being, and mental, emotional, and physical development, the receiving state compact administrator may request the sending state compact administrator arrange for the immediate return of the child or make alternative placement as provided in Article V (a) of the ICPC.

(2) The receiving state compact administrator may withdraw the removal request when the sending state arranges services to resolve the reason for the requested removal and the receiving and sending state compact administrators agree to the plan.

(3) When no agreement is reached, the sending state expedites the return of the child to the sending state within five business days unless otherwise agreed in writing between the sending and receiving state compact administrators.

6.   Runaways.  Children who run away from Oklahoma, regardless of adjudication, to another state are subject to the Interstate Compact on Juveniles (ICJ) administered by the Office of Juvenile Affairs (OJA).  Children in OKDHS custody who are placed out-of-state through ICPC and run away from the ICPC placement are returned to Oklahoma through ICJ.  All efforts for the child's return are coordinated between the CW specialist, OJA, and the holding state.

(1) The CW specialist:

(A) completes and faxes Form 04IC009E (ICPC-109), Runaway Custody Child Worksheet, to the OJA deputy compact administrator (DCA) within 24 hours of notification from the holding state that the child was located; and

(B) when the child is willing to return to Oklahoma voluntarily, collaborates with the holding state to bring the child before a judge in the holding state to sign 04OA002E (ICJ Form III), Consent for Voluntary Return by Runaway, Escapee or Absconder or Juvenile Charged as Delinquent.

(2) The judge informs the child of his or her rights and signs Form 04OA001E (ICJ Juvenile Rights Form), Interstate Compact on Juveniles Rights for Voluntary Return of Runaway, Absconder, Escapee, or Juvenile Being Charged as Delinquent.

(3) Signed Forms 04OA002E (ICJ Form III) and 04OA001E (ICJ Juvenile Rights Form) are immediately faxed by the CW specialist to the OJA DCA.

(4) The child's return must occur within five calendar days of the child signing 04OA002E (ICJ Form III).

(5) When the child does not voluntarily consent to return, the CW specialist:

(A) requests that the assistant district attorney complete Form 04OA004E (ICJ Form A), Petition for Requisition to Return a Runaway Juvenile,  for submission to the court of jurisdiction; and

(B) faxes Form 04OA004E (ICJ Form A) to the OJA DCA;

(6) ICJ Form I, Requisition for Runaway Juvenile, is completed and submitted to the Oklahoma judge with jurisdiction over the child for signature and the original and two certified court copies are mailed to Office of Juvenile Affairs Deputy Compact Administrator, P.O. Box 268812, Oklahoma City, Oklahoma 73126-8812.

(7) Three certified court copies of the pick-up order and court journal entry verifying the child is in OKDHS custody are sent to the OJA DCA.

(8) Travel arrangements are coordinated with the OJA DCA for the child's return to Oklahoma.

7.         Out-of-state visits.

(1) A visit is an out-of-state stay of 30 calendar days or less with definite beginning and ending dates.  When an out-of-state stay does not, from the outset, have an expressed termination date, or when the duration of the out-of-state stay is unclear from the circumstances, the out-of-state stay is considered a placement or proposed placement and is not considered a visit.

(2) Out-of-state visits may exceed 30 calendar days only when the visit begins and ends within the period of a child's school vacation.

(3) Visits and placements are distinguished on the basis of purpose, duration, and the intention of the person or agency with responsibility for planning the child's placement.

(4) Out-of-state visits are arranged by the CW specialist and do not require ICPC approval.

(5) The purpose of a visit is to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for the care of the child.

(6) The visiting child does not receive supervision or services while out-of-state.

(A) Prior to approving an out-of-state visit, the CW specialist obtains:

(i) criminal background and child abuse and neglect results for all household members 18 years of age or older; and

(ii) three positive references regarding the proposed caregiver.

(B) When an ICPC home study is in progress, an out-of-state visit must be approved by the receiving state ICPC.

(i) The visit must have beginning and ending dates corresponding to the child's vacation time or holiday from school.

(ii) Permission or approval for visits is obtained by sending a written request to the ICPC Program Unit.  The CW  specialist's request includes the:

(I) beginning and ending date of the visit;

(II) name and address of the person the child will visit;

(III) reason the visit is necessary;

(IV) criminal background and child abuse and neglect results on all household members 18 years of age or older;

(V) three positive references on the proposed caregiver; and

(VI) details of how the child will be transported to the receiving state.

8.   Travel arrangements for CW personnel and a child in OKDHS custody.

(1) The ICPC Program Unit makes interstate travel arrangements for CW personnel and a child in OKDHS custody:

(A) when the decision is to place the child in an approved ICPC placement, excluding ICPC adoptive placement;

(B) when the child was taken from Oklahoma without permission and requires return to Oklahoma;

(C) as ordered by an Oklahoma court;

(D) who requests approval to attend the funeral of a close family member;

(E) when visiting a relative, per OAC 340:75-1-86 ITS # 7;

(F) when reunifying the child with a parent in Oklahoma;

(G) when the out-of-state placement disrupts and the child requires return to Oklahoma; and

(H) when the CW county of jurisdiction specialist visits the child in an out-of-state mental health facility every six months, per OAC 340:75-16-36.

(2) The CW specialist provides the ICPC Program Unit the:

(A) child's name, date of birth, Social Security number, and KK number;

(B) name and Social Security number of the person accompanying the child; and

(C) departure city, destination, and requested dates of travel.

9.     ICPC record-keeping.  Copies of all ICPC information, including ICPC transmittals, are maintained in the child's or resource's permanent case record in the local office when the child is received into or sent from Oklahoma.

 

Last Updated:  10/21/2013