5601. Interstate Compact on the Placement of Children Placed Out-of-State

Approval: Jennifer Strus, Assistant Secretary

Effective Date: July 1984

Revised Date: October 31, 2014

Sunset Review: October 31, 2018


Purpose

To seek a safe and suitable placement resource and courtesy supervision for a Washington State child placed out-of-state through the Interstate Compact.

Laws

RCW Chapter 26.34 Interstate Compacts on Placement of Children

Safe & Timely Interstate Placement of Foster Children Act of 2006 H. R. 5403

Policy

  1. ICPC Out-of-State
    1. Request and Approval Process
      1. An ICPC request and approval is required prior to:
        1. Sending a dependent child out-of-state for placement with the following:
          1. Biological parent(s) - unless the court has found the parent to be fit and that placement with the parent is in the child's best interest.
          2. Relative(s)
          3. Foster home
          4. Adoptive home
          5. Residential program or group care facility.
        2. Sending an Indian child out-of-state if Children's Administration (CA) has jurisdiction or the Tribe has jurisdiction and would like to request an ICPC. The Tribe must agree to follow the content of the ICPC and the receiving state/Tribe agrees to complete the ICPC process as a courtesy.
      2. CA worker must contact the Washington State probation or parole office when a child is on probation or parole to verify the applicability of Interstate Compact on Juveniles prior to submitting an ICPC request.
      3. HQ ICPC must receive approval from the receiving state's ICPC Compact Administrator or alternate prior to a child's out-of-state placement.
      4. States may choose to contract out their ICPC home study or courtesy supervision services. Washington State cannot impose any restrictions on another state's decision to contract out for these services.
    2. Placement
      1. CA worker must place a child in an out-of-state placement within six months of the placement approval date on the ICPC Placement Request - 100A DSHS 15-092.
      2. CA maintains jurisdiction after a child is placed out-of-state and is responsible for the case work and financial obligations including medical and educational expenses.
      3. CA worker must request monthly health and safety visits from the receiving state.
      4. HQ ICPC receives Supervision Reports quarterly from the receiving state for a child in an approved parent, relative, foster or adoptive ICPC out-of-state placement. HQ forwards the report to the CA worker.
      5. A child placed out-of-state must return to Washington State within 5 business days if the receiving state requests return.
      6. CA worker must notify HQ ICPC if an ICPC violation has occurred and work diligently to come into ICPC compliance. Coming into compliance could include:
        1. Submitting an ICPC request to CA HQ.
        2. Returning a child to Washington State.
      7. HQ ICPC must maintain the ICPC record in FamLink.
      8. Written concurrence from the receiving state's ICPC office must be received prior to finalizing a permanent plan, changing a placement, or transferring custody.
    3. Closing an ICPC

      HQ ICPC closes the ICPC case when any of the following occur:

      1. A permanent plan for the child is achieved which occurs only after a period of supervision, placement stability and by agreement of the receiving state's ICPC office.
      2. A child is no longer placed in an approved placement.
      3. An approved ICPC placement will not be used.

Procedures

  1. ICPC Out-of-State
    1. Request and Approval Process
      1. CA worker submits a completed ICPC Placement Request - 100A DSHS 15-092 with supporting documents (See checklist located on the ICPC page on the CA Intranet) to HQ ICPC.
      2. HQ ICPC reviews and forwards the ICPC packet to the receiving state.
      3. CA worker must receive the following from HQ ICPC before placing a child out-of-state.
        1. An approved Home Study (not required for residential/group care).
        2. Approved and signed ICPC Placement Request - 100A DSHS 15-092
      4. CA worker must review the receiving state's home study to determine whether it adequately evaluates the safety, suitability and competence of the caregiver(s). Note: home study requirements vary in each state and are completed according to the laws and regulations of the receiving state, e.g., fingerprint based background checks for relative placements are not completed in every state.
      5. CA worker may resubmit a placement request to HQ ICPC if the placement request is denied and the reasons for denial have been corrected. The receiving state may, at its discretion, accept the new request.
      6. CA worker submits the ICPC Report on Child's Placement Date or Change of Placement- 100B if the approved placement will not be used.
    2. Placement
      1. CA worker submits the ICPC Report on Child's Placement Date or Change of Placement- 100B within 5 business days of placement to HQ ICPC.
      2. HQ ICPC forwards the 100B form to the receiving state.
      3. CA worker is responsible for travel per Travel Policy.
      4. CA worker initiates foster care payment for a child placed in an approved foster placement.
      5. HQ ICPC forwards quarterly supervision reports for parent, relative, foster and adoptive homes to the CA worker.
      6. CA worker must contract for health and safety visits for children in group care or as otherwise required and not provided.
      7. CA worker must review supervision reports to assist in case planning, and to initiate any services that would benefit the placement.
      8. CA worker must work with his/her regional contracts manager to initiate and pay for services out-of-state.
      9. CA worker must notify HQ ICPC if an ICPC violation has occurred and work diligently to come into ICPC compliance. This could include:
        1. Submitting an ICPC request.
        2. Returning a child to Washington State.
      10. CA worker must request written concurrence through HQ ICPC. Concurrence only occurs after a period of supervision and placement stability.
    3. Closing an ICPC
      1. CA worker receives concurrence from the receiving state ICPC office, completes the permanent plan and submits the 100B and appropriate court order to HQ ICPC.
      2. CA worker submits 100B when a child returns to Washington State, the approved placement is not utilized or a child is no longer in the approved ICPC placement.
      3. HQ ICPC forwards the 100B and court order to the receiving state ICPC office to close the compact agreement.

Forms and Tools

ICPC Page on the CA Intranet

  • ICPC Checklist
  • Financial and Medical Plan
  • Border Agreement

Resources