340:75-1-86. Interstate Compact on the Placement of Children
(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; • 8
(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
1.General information regarding the Interstate Compact on the Placement of Children (ICPC).
(1) ICPC intent.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 child's return to the original county of jurisdiction when the:
(A) placement is determined contrary to the child's interests; or
(B) need for out-of-state services ceases.
(2) Types of placements the ICPC Program Unit does not process or approve.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); or
(ii) child caring institution.
(3) Exceptions.ICPC Program Unit staff considers exceptions on a case-by-case basis.When requesting an exception, the sending state must provide the ICPC Program Unit with:
(A) the child's age when the homicide, rape, or missing from care 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 is missing from care 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 missing from care activity;
(H) a summary of the child's history of violence, abuse, or physical aggression; and
(I) any information ICPC Program Unit staff determines is necessary.
2.Oklahoma as the sending state to place a child that is under the jurisdiction of an Oklahoma court.
(1) 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; and
(B) completes KIDS ICPC screen located under the placement icon for foster (paid placement), relative (non-paid placement), parent, adoption, institution care-adjudicated delinquent, group home care, or residential requests.
(i) For foster care, relative, parent, residential, or group home care requests, the permanency planning (PP) specialist, requests approval by his or her supervisor through KIDS.The PP specialist prints Form 04IC002E (ICPC-100A), Interstate Compact on the Placement of Children Request, signs, and saves it to the KIDS File Cabinet along with all required documents.
(ii) For adoptive requests, the PP specialist coordinates with the Resource Unit for completion of an adoption ICPC request.The adoption specialist requests ICPC request approval in KIDS.After verifying, all supporting documentation is scanned to the KIDS File Cabinet, the resource supervisor approves the request in KIDS.
(iii) Once ICPC Program Unit staff reviews the outgoing adoption request and submits it to the other state, ICPC Program staff opens "Other Workload Request (OWR)" in KIDS to document that a home study was requested in another state.The type of service request is documented as "ICPC Adoption-Sending Out-of-State."
(iv) The OWR is sent to the ICPC liaison who assigns it to the appropriate resource staff.
(2) ICPC approval process and use of placement.
(A) The receiving state's local office completes the home study and sends a recommendation to the ICPC compact administrator in the receiving state.
(B) The receiving state ICPC office determines if placement is approved and sends the completed home study with signed Form 04IC002E (ICPC-100-A) to the sending ICPC Program Unit.
(C) The documents are routed to the PP specialist or adoption 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 is contrary to the child's welfare.
(i) Relative, foster, and parent placements require receipt of an approved home assessment and approved Form 04IC002E (ICPC-100A).
(ii) An adoptive placement requires receipt of an approved home assessment, approved Form 04IC002E (ICPC-100A), and Oklahoma Human Services (OKDHS) approval or authorization.
(iii) The final decision regarding the use of an approved ICPC placement is determined by the child welfare (CW) specialist, CW supervisor, and court.
(iv) Approval of the home and permission to place by the receiving state is valid for six months.
(v) When the placement is not utilized within the six-month period, the CW specialist submits a new ICPC request if the CW specialist wants to place the child in the previously-approved ICPC home.
(E) Prior to placement into an approved adoptive ICPC placement, Form 04AN024E, Adoptive Placement Recommendation Worksheet, is completed for the recommended out-of-state family and is submitted to the program field representative responsible for authorization with a copy of:
(i) the home assessment;
(ii) Form 04AN020E, Adoptive Placement Criteria Staffing Documentation; and
(iii) Form 04IC002E (ICPC-100A).
(F) Prior to signing Form 04AN015E, Adoptive Placement Agreement, the prospective adoptive parent is given full disclosure.
(3) ICPC status changes.When placement is made in the receiving state in an approved ICPC resource, the CW specialist or adoption specialistprepares 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 five-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) adoption is finalized;
(vii) non-paid relative placement becomes licensed;
(viii) child returns to sending state;
(ix) child moves to another state; or
(x) approved resource is not used for placement.
(4) ICPC resources and supportive services for a child in OKDHS custody placed out-of-state in a relative or foster care placement.
(A) OKDHS does not pay out-of-state placement provider training stipends, initial kinship start-up stipends, or for child care services.
(B) 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, ICPC Program Unit staff 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 - Kinship/Relative/CW Foster Family Care, or Kinship/Non-Relative/CW Foster Family Care in the KIDS Resource Directory screen.
(C) Foster care payments are 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.When the receiving state's foster care rate is lower than Oklahoma's rate, the Oklahoma rate is paid.ICPC Program Unit staff:
(i) sends the foster parent an applicable OKDHS contract for signature.The foster parent returns the signed contract to the ICPC Program Unit;
(ii) sends the contract to Foster Care Contracts 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, when applicable; and
(iv) 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, as dictated by the receiving state's policy.
(D) The foster parent must maintain compliance with the receiving state's foster care requirements for payment to continue.
(E) The child receives medical coverage, per Oklahoma Administrative Code (OAC) 340:75-13-75.
(F) Independent living or successful adulthood services are coordinated for eligible youth between the CW specialist and the worker supervising the case in the receiving state, per OAC 340:75-6-110.
(G) The CW specialist ensures that a receiving state agency caseworker makes a face-to-face contact with the child placed in a parent, relative, or foster home at least once every month, as verified through phone calls or email to the assigned supervision worker in the receiving state.The receiving state submits a written report on the content of the contact on a quarterly basis.
(5) ICPC resources and supportive services for a child in OKDHS custody placed out-of-state in an adoptive placement.
(A) The adoption specialist closes the adoption OWR and creates an adoption resource when the completed approved home study is received.The resource category is Adoption.
(B) When the child is placed in the adoptive home:
(i) an adoptive case is opened in KIDS by the adoption specialist with the case type of Adoption;
(ii) post-placement supervision is provided by the receiving state upon that state's receipt of Form 04IC003E (ICPC 100-B), Report on Child's Placement Status.Quarterly reports are forwarded to the assigned staff upon receipt; and
(iii) documentation of visits and services provided to the family by the receiving state are entered into the Adoption case in KIDS Contacts screen.
(C) Medical expenses for the child placed out-of-state.A child in permanent OKDHS custody is eligible for Oklahoma Medicaid (SoonerCare) when the adoptive family cannot provide medical care.
(i) The child who is Title IV-E eligible before placement is eligible to receive Medicaid in the receiving state.The majority of states cover children who are not Title IV-E eligible, but coverage is verified prior to placement.
(ii) A referral is made to the Interstate Compact on Adoption and Medical Assistance Program Unit (Post-Adoption Services), per OAC 340:75-15-129, for assistance obtaining medical services in the receiving state.
(iii) When the receiving state does not provide Medicaid to the child who is not Title IV-E eligible, the adoptive parent is responsible for the child's medical expenses.
(6) Communication between states and case updates.The local office in the receiving state and the CW specialist may communicate about the placement, but all written communication is routed through the ICPC Program Unit.No later than 30-calendar days after a court hearing, the CW specialist submits by email to the ICPC Program Unit the:
(A) court report;
(B) current treatment and service plan; and
(C) court journal entry.ICPC Program Unit staff mails this information to the receiving state.
(7) 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's 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 has when the child remained in Oklahoma.
(i) Jurisdiction is not dismissed until the child is adopted, reaches the age of majority, becomes self-supporting or emancipated, or is discharged with the concurrence of the receiving state ICPC.
(ii) When the court dismisses jurisdiction without concurrence of the receiving state's ICPC, the district director contacts the ICPC Program Unit immediately.
(8) ICPC directive authorizing consent to adoption when the child is placed out-of-state.
(A) When the adoptive parent is ready to proceed with finalization of the adoption, the adoption specialist completes the Form 04AN031E, Consent to Adopt for Child Placed Out-of-State, and sends it as an attachment by email to the Foster Care and Adoptions field manager.
(B) The form is signed by the director's designee and is returned by mail to the adoption specialist.
(C) The completed form is sent to the receiving state through the ICPC Program Unit.
(9) Adoption finalization when the child is placed out-of-state.
(A) After the adoption is finalized, all records pertaining to the adoption are submitted to Post-Adoption Services, per OAC 340:75-15-103.
(B) Form 0IC003E (ICPC 100-B) and the final adoption decree are sent to the ICPC Program Unit for case closure.
3.Oklahoma as the receiving state for a child who is under the jurisdiction of another state.When a home study request is received from a sending state, ICPC Program Unit staff processes the request and sends it to the appropriate designated staff, and a copy of the request by Pre-Resource or OWR is sent to the designated staff with instructions.
(1) Parent home study procedures.
(A) The CW specialist uses Form 04IC016E, Parent Home Study Interstate Compact on the Placement of Children, 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 child's needs is provided to 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 emails Form 04IC016E, to the ICPC Program Unit and saves Forms and reports (i) through (viii) in the OWR File Cabinet:
(i) 04AD003E, Request for Background Check, with results on all household members 18 years of age and older;
(ii) 04AF010E, Resource Family Financial Assessment;
(iii) 04AF004E, House Assessment;
(iv) at least three references, using any combination of 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;
(IV) 04AF012E, Child's Behavioral Health Reference Letter;
(V) 04AF013E, Adult Behavioral Health Reference Letter; or
(VI) 04AF016E, Resource Family Personal Reference Letter;
(v) reports and/or collateral contacts from current service providers and therapists and/or certificates of completion to verify compliance with the treatment plan, when applicable;
(vi) out-of-state criminal and CW checks on any individual in the home who has not lived in Oklahoma continuously for the previous five years; and
(vii) 04AF007E, Records Check Documentation.
(E) The CW specialist mails Federal Bureau of Investigation (FBI) results to the ICPC Program Unit for any adult household member who is not a legal or biological parent to the child for whom the study is being completed.
(2) Relative home study procedures.
(A) A relative home study is conducted when the sending state chose not to provide a foster care reimbursement to the family.
(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 is completed and a report, addressing the extent to which the home would meet the child's needs, 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-calendar 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) When the placement provider's income is not sufficient to meet the child's needs because relative requests are unpaid, the home study is denied and placement is not approved.
(F) The CW specialist completes a full home study as required for foster care resources, per OAC 340:75-7.
(G) The CW specialist e-mails Form 04AF003E to the ICPC Program Unit for review and:
(i) saves other required documents for a resource family assessment to the Pre-Resource File Cabinet, per OAC 340:75-7-18 Instructions to Staff (ITS); and
(ii) mails one copy of fingerprint results for all household members 18 years of age and older to the ICPC Program Unit.Fingerprint results are required prior to final placement approval.
(H) Initial placement approval may be given for relative home studies without FBI results when all adult household members have lived in Oklahoma for the past five consecutive years.When FBI results are received, the signature page to Form 04AF003E, Resource Family Assessment, is signed indicating FBI results were received and then final placement approval is given.
(3) Foster home study procedures.A foster home study is conducted when the sending state chooses to provide 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 home study 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 child's needs, 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;
(B) emails the ICPC Program Unit for review:
(i) Form 04AF003E;
(ii) other required documents for a resource family assessment saved to the Pre-Resource File Cabinet, per OAC 340:75-7-18 ITS;
(iii) verification of pre-service training completion via KIDS Individual Training Record or training certificates; and
(iv) one copy of fingerprint results for all household members 18 years of age and older.Fingerprint results are required prior to submitting a completed foster home study to the ICPC Program Unit. and
(C) Preliminary home study procedures.When a foster home study cannot be completed within 55-calendar days, a written summary describing the study's progress must be submitted as the preliminary home study.When the home study is typed and other required documents are missing, a copy of the preliminary study is submitted.
(4) Adoption home study procedures.
(A) When a public agency in another state requests an adoptive home study in Oklahoma, the adoption specialist or contractor completes an adoptive home study according to Form 04AF002E, Guidelines for Resource Family Assessment, to assess the safety and suitability of placing a child in the home.The adoption specialist:
(i) emails Form 04AF003E to the ICPC Program Unit for review within 55-calendar days of the receipt's request;
(ii) saves other forms and required documents for a resource family assessment to the Resource File Cabinet, per OAC 340:75-15-87; and
(iii) mails one copy of fingerprint results for all household members 18 years of age and older to the ICPC Program Unit.Fingerprint results are required prior to final approval for placement.
(B) When a home is already an Oklahoma open foster home, then an adoption addendum, or annual update, when applicable, is completed.The adoption addendum, or annual update, when applicable, thoroughly addresses the specific children listed in the ICPC request and the family's ability to meet their individual needs.
(5) Opening ICPC resources for placement providers for children under another state's jurisdiction.
(A) KIDS resources are not created for parent placements.
(B) ICPC Program Unit staff 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;
(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; or
(iii) adoptive placement by selecting Category - Other Services and Type - ICPC/Adoption in the KIDS Resource Directory screen.
(6) Sending state financially responsible for care of the child.The sending state agency, guardian, or person is financially responsible for the child's care.The prospective placement provider in Oklahoma is not entitled to OKDHS training stipends, foster care child care services, foster care payments, contingency funds, mileage reimbursement, OKDHS-contracted services, or clothing vouchers.
(7) Placement of an out-of-state child with parent, relative, or foster parent in Oklahoma.ICPC Program Unit staff forwards Form 04IC003E (ICPC-100-B), verifying the child's placement to the county of placement and a CW specialist is assigned to the case.
(A) ICPC Program Unit staff:
(i) opens an ICPC case in KIDS using the oldest child's last name and provider's address and selects case Type – ICPC; and
(ii) 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.
(B)The assigned CW specialist:
(i) provides quarterly progress reports to the ICPC Program Unit using Form 04IC004E (ICPC-108), Progress Report for ICPC Cases;
(ii) visits the child monthly and documents the visits in the KIDS Contacts screen;
(iii) refers the family for services, as needed;
(iv) ensures placement providers approved as ICPC relative, foster care, or adoption resources maintain compliance with OKDHS resource requirements; and
(v) notifies the ICPC Program Unit immediately of:
(I) placement disruptions;
(II) child abuse or neglect referrals; and
(III) policy violations involving ICPC placement providers.
(8) Placement of an out-of-state child with adoptive parent.
(A) ICPC Program Unit staff forwards the ICPC/Adoption Resource, ICPC Adoption case, and Form 04IC003E (ICPC 100-B) to the designated ICPC liaison when an out-of-state child is placed directly into an ICPC adoptive placement with an Oklahoma-approved resource.
(i) The ICPC liaison then assigns the ICPC/Adoption Resource and ICPC Adoption case to the appropriate resource field staff where the family resides.
(ii) The assigned resource field staff:
(I) visits the child monthly and documents the visit in the KIDS Contacts screen;
(II) provides quarterly reports using Form 04IC004E (ICPC-108);
(III) refers the family for services, as needed;
(IV) ensures placement provider maintains compliance with OKDHS resource requirements; and
(V) notifies the ICPC Program Unit immediately about placement disruptions, child abuse or neglect referrals, and policy violations involving ICPC placement providers.
(B) ICPC Program Unit staff forwards the ICPC/Adoption Resource, ICPC Adoption case, and Form 04IC003E (ICPC 100-B) to the designated ICPC liaison when an out-of-state child already placed in an approved ICPC foster or relative resource is subsequently upgraded to an ICPC adoption placement with an Oklahoma-approved resource.The ICPC liaison sends the ICPC adoptive resource to the resource supervisor assigned to the current ICPC foster or ICPC relative resource.The ICPC liaison advises the assigned resource supervisor that the existing ICPC foster or relative resource may be closed.
(i) When the out-of-state child's adoption is finalizing in the sending state, primary on the ICPC Adoption KK is assigned by the ICPC liaison directly to the PP supervisor with the existing ICPC KK.The original ICPC KK is closed by PP staff when the primary is received on the ICPC Adoption KK.
(ii) When the out-of-state child's adoption is finalizing in Oklahoma, the ICPC liaison advises the resource supervisor where the family resides for an adoption specialist assignment to assist with the adoption process.In this instance, the primary on the ICPC Adoption KK is assigned to the designated adoption specialist and, the secondary on the ICPC Adoption KK goes to the existing PP staff who continues to complete monthly visits with the child and family.PP staff closes the original ICPC KK when the secondary is received on the ICPC Adoption KK.
(9) 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, adoption, or return of custody to a biological parent.
(B) Recommendations are discussed with, and approved by, the CW supervisor.
(C) Recommendations are not final until approved by the ICPC Program Unit.
(D) 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.
(E) When a child turns 18 years of age while in an approved ICPC placement, the child remains in the sending state's custody with verification from the sending state, and continues to attend high school or is working on his or her General Educational Development (GED).The assigned worker continues to provide supervision until the child graduates, receives his or her GED, or exits custody, whichever occurs first.
(10) Closure of ICPC adoption.Adoptive placements made through ICPC are closed when the adoption is finalized or the child is returned to the sending state and Form 04IC003E (ICPC 100-B) is submitted to the ICPC Program Unit by the sending state.
(11) Non-public agency requests and independent adoptions.
(A) When Oklahoma is the receiving state for a child who is in the custody of a person or non-public agency, the person or non-public agency arranges an assessment and placement supervision by a licensed child-placing agency or a person qualified by training or experience.
(B) OKDHS cannot complete a home assessment for private or independent adoptive home assessments.Any exceptions are approved by the Foster Care and Adoptions field administrator.
(C) Home assessments completed by OKDHS cannot be used for private or independent adoptions.
4.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 child's case plan, the CW specialist:
(A) submits, 45-calendar days prior to the planned move, an ICPC foster request for placement, per OAC 340:75-1-86 ITS # 5;
(B) prepares the ICPC request immediately and sends to the ICPC Program Unit for prompt handling, when the decision to relocate to another state is not made until 45-calendar days or fewer before the intended move;
(C) obtains and attaches to the ICPC request a memorandum approved by the district director, per OAC 340:75-6-86 ITS;
(D) notifies the court and placement provider about the move; and
(E) 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) Approval for the foster family to relocate with the child in OKDHS custody is not given until ICPC Program Unit staff has reviewed and approved the request to be submitted to the receiving state.
(3) The foster family must comply with the receiving state's requirements for licensing or certification as a foster care provider.The receiving state determines the ability of the placement to meet the child's needs under the circumstances of the proposed relocation.
(4) The foster parent continues to receive the 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 by receipt of the denied Form 04IC002E (ICPC-100A), Interstate Compact on the Placement of Children Request, payment is stopped.The placement becomes an illegal placement and the child must return to Oklahoma.
(5) Once the family is licensed in the receiving state, Oklahoma reimburses the family according to the receiving state's foster care rate unless Oklahoma's rates are higher.
5.Supervision of ICPC placements into an Oklahoma residential treatment center (RTC), child caring institution, and group homes is not required by OKDHS staff.Supervision requirements and progress report submission is agreed upon by the child's sending state and RTC.
6.(a) ICPC Regulation No. 7 for Expedited Placement Decision.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:
(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 not applicable.ICPC Regulation No. 7 does not apply when the:
(1) child was placed in violation of the ICPC in the receiving state, unless a visit was approved in writing by the receiving state compact administrator and a subsequent order was entered by the sending state court authorizing the visit with a fixed return date in accordance with ICPC Regulation No. 9;
(2) 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; or
(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 requesting ICPC Regulation No. 7.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 approveplacement 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 and younger including older siblings considered for placement with the same proposed placement resource.
(C) The court finds 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, spent more than cursory time with the child, and 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 that includes a waiver of a non-safety issue.
(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 the child's placement;
(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 ICPC Regulation 7 Order for Expedited Placement Decision, which is an order from the court.
(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, per 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 child's return to the sending state pursuant to ITS # 6.
(5) A provisional denial means that the receiving state cannot approve a provisional placement pending a more comprehensive home study or assessment process due to issues that need resolution.
(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 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, per 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 ITS.
(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:
(A) consulting with ICPC Program Unit staff to ensure no barriers exist to requesting an expedited placement decision;
(B) verifying with the proposed placement that there are no known barriers to approval through completing Form 04IC015E, ICPC Regulation 7 Statement by Child Welfare Specialist Regarding Prospective Placement Resource;
(C) verifying with the proposed placement that they can care for the child(ren) without foster care payments;
(D) completing an ICPC request through KIDS; and
(E) saving all required forms into the KIDS File Cabinet using Form 04IC006E, ICPC Checklist.
(2) The sending agency submits to the sending state court a statement that:
(A) 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
(B) the sending agency completed and sent all required paperwork to the ICPC Program Unit.
(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 sending state's law.The order sets forth:
(1) the factual basis for a finding that ICPC Regulation No. 7 applies to the child in question; and
(2) if 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 he or she is confident in the authenticity of the forms and documents provided.
(2) Sending state court orders to the sending state agency.The local CW specialist:
(A) obtains the Regulation 7 Order for Expedited Placement Decision from the court within-two business days of the hearing or consideration of the request; and
(B) sends the Regulation 7 Order for Expedited Placement Decision to the sending ICPC Program Unit within three-business days.
(3) Sending state ICPC Program Unit sends ICPC request to receiving state ICPC office.
(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.
(4) Receiving state ICPC office to render expedited placement decision.No later than 20-business days from the date the forms and materials are received by the receiving state compact administrator, he or she makes his or her determination, per Article III(d) of the ICPC and sends completed Form 04IC002E (ICPC-100A) to the sending state compact administrator by expedited transmission.
(5) Receiving state ICPC office sends request packet to receiving local office. 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.
(6) Receiving state local office returns completed home study to the deputy compact administrator's office.The receiving state's local office completes and returns the home study within 15-business days of receipt of the packet from the receiving state compact administrator.
(7) Time requirement for receiving state ICPC compact administrator to return completed home study to sending state.
(A) 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.
(B) The determination is transmitted to the sending state compact administrator:
(i)as soon as possible, but no later than three-business days after receipt of the packet from the receiving state's local office; and
(ii) no more than 20-business days from the initial date 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, he or she specifies to the sending office what additional information is needed and requests it.
(2) When the receiving state compact administrator determines the ICPC request documentation is substantially insufficient, he or she specifies what additional information is needed and requests it from the sending state compact administrator.Until the requested information is received, 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, he or she 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, he or she:
(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 receiving state office fails to complete action for the expedited placement request, per 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 seeking 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 the ICPC Regulation No. 7 compliance.
7.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, he or she may request that the sending state compact administrator arrange for the immediate return of the child or make alternative placement, per 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 an agreement is not reached, the sending state expedites the child's return to the sending state within five-business days unless otherwise agreed in writing between the sending and receiving state compact administrators.
8.Missing from care.Children from Oklahoma who are missing from care, regardless of adjudication, and are found in 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 are missing from care from the ICPC placement are returned to Oklahoma through ICJ, Sections 2-9-101 through 2-9-116 of Title 10 of the Oklahoma Statutes.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), Missing from Care 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 Form 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 OJA DCA.
(4) The child's return must occur within five-calendar days of the child signing Form 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 the Office of Juvenile Affairs Deputy Compact Administrator, PO 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.
(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, when the child has no current placement or a placement to return to at the termination of the visit, 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, unless there is a pending ICPC request.When there is a pending ICPC request, ICPC Program Unit staff must approve the visit.
(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 child's care.
(6) Pre-placement visits with an adoptive placement do not occur until the adoptive placement was authorized and disclosure occurred.An exception may be made when the potential adoptive placement is a relative and the visit is arranged through the CW specialist as a visit with a relative and not as an adoptive pre-placement visit.
(7) 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 from the family's state of residence for all household members 18 years of age and 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) visit's beginning and ending dates;
(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 and older;
(V) three positive references on the proposed caregiver; and
(VI) details of the child's transportation to the receiving state.
10.Travel arrangements for CW personnel and a child in OKDHS custody.
(1) ICPC Program Unit staff 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;
(B) when the child was taken from Oklahoma without permission and requires a 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 # 8;
(F) when the child is placed out-of-state and will be reunified with a parent in Oklahoma; and
(G) when the out-of-state placement disrupts and the child requires a return to Oklahoma.
(2) The CW specialist emails the ICPC Program Unit the:
(A) child's name, date of birth, and KK number;
(B) name and date of birth of the person accompanying the child;
(C) departure city, destination, and requested dates of travel;
(D) items requested for reimbursement; and
(E) Form 10AD002E, Travel Authorization.
(3) All travel expenses for adoptive placements, pre-placement visits, and finalizations are negotiated between OKDHS and the family prior to submitting the travel request to the ICPC Program Unit.
11.ICPC record-keeping.Copies of all ICPC information, including ICPC transmittals, are maintained in the child's or the resource's permanent case record in the local office when the child is received into or sent from Oklahoma.