Transcript Document

An Overview of the
Interstate Compact on the
Placement of Children
Presented by:
The Pennsylvania Interstate Compact Office
Adoption Overview
To help keep track of requirements and what type
of agency they apply to…
Only to Private Agencies are marked:
o In Purple with a Circle
Only to Public Agencies are marked:
 In Blue with a diamond
To both types of agencies are marked:
 In black with an arrow; or when emphasis is
needed
 In green with a square
Adoption Overview
Understanding what a compact is:
What is a compact?
A COMPACT is a binding agreement among
states that has the force of statutory law in
each party state. It serves as a reciprocal
instrument to ensure interstate cooperation.
It creates a relationship mutually adopted by
state legislature and sanctioned by
constitutional law.
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Adoption Overview
Understanding what a compact is:
What does that really mean?
It means the compact:
Has the force of statutory law;
Is identical in all 50 states; and it
Acts as a legally binding contract.
The compact legislation can be found in PA
Statutes Title 62 Subsection 761, and Interstate
Compact regulations are covered in Title 55,
Subsection Chapter 3130.41
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Adoption Overview
Understanding what a compact is:
Why do we need a compact?
The compact provides protection and
increases uniformity for sending and receiving
states by:
Regulating interstate movement of
children;
Ensuring enforcement in other states;
Provides monitoring of placements;
Clarifies responsibilities; and
Expands a states jurisdiction.
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Adoption Overview
Understanding what a compact is:
What legal protections does the compact
provide?
The compact provides or demonstrates:
The authority to place the child;
Assures the return of the child;
Allows access to services and reports;
Affixes financial responsibilities;
Prior consent for placement of the child; &
Enforcement of penalties for illegal
placements.
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Adoption Overview
 When is it required to use the compact?
 Anytime an agency sends, brings or causes to
be sent or brought into any other party state any
child for placement in foster care or as a
preliminary to possible adoption (Article III,
ICPC).
 Article VIII of the ICPC specifies what
placements do not fall under the compact.
 by his parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the
child with any such relative or non-agency guardian in the
receiving state.
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Adoption Overview
What does the compact require:
As a general overview the compact
requires:
Notice and evaluation prior to placement;
Written approval from the receiving state
prior to placement;
Assignment of legal responsibilities;
Progress reports;
Compliance with the laws of both states; &
Placement isn’t contrary to the interests of
the child.
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Adoption Overview
 The ICPC Adoption Process:
 The process starts with:
A sending agency creating a placement request packet
and sending the packet to the sending state ICPC office.
• What goes into an ICPC packet?
 A completed 100A form*;
 A Cover letter consisting of:
 Request for approval as well as the signature of the person
requesting the approval;
 Identifying the child, birth parent(s), adoptive parent(s), and
supervising agency;
o A statement regarding how the match was made;
o Name of the intermediary (if any);
o Name of the supervising agency;
 Statement of change of placement from foster care to adoptive
placement, or placement is a new placement
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Adoption Overview
• A placement packet has:
 Consents* signed by both birth parents;
o Jurisdictional waivers* and receiving state consents signed by
both birth parents; or
o An affidavit (dependent on situation); or
 Termination of Parent Rights Court Order(s).
 Consents or waivers are needed for all identified putative
fathers and husband.
o A statement detailing how the rights of all parents shall be
legally addressed.
 Statement of Compliance with Indian Child Welfare Act
(25 U.S.C 1901, et. seq.);
 Birth Parent Information consisting of:
 Social history;
 Medical history;
 Ethnic background; and
 Reasons for adoption plan.
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• A placement packet has:
 Current case history for the child containing:
 Custodial and social history;
 Chronology of court involvement;
 Educational information; and
 Medical history and any special needs/services.
 For infants a minimum of medical records of the birth and
discharge summary are needed.
 Letter agreeing to supervise from receiving agency.
 Public agencies need statement of contract
completion/negotiation on letterhead from the receiving private
agency.
These are the general requirements for a compact placement,
below are specifics depending on whether or not this is a private
or public agency adoption:
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o Private Providers need to include:
o “At Risk” Statement if parental rights are not terminated;
o Signed by adopting parent(s) indicating they are aware of any
unresolved legal issues regarding termination of parental rights;
o Current adoptive home study or approval;
o Done under the receiving state’s law, including child abuse and
law enforcement clearances;
o If an out of state clearance is needed, then an interpretation
letter is also required from ChildLine.
o Affidavit of Identification
o From the birth mother identifying all possible fathers;
o Certification that consents are in compliance with
applicable laws of the sending state or where requested
by the receiving state. Done by:
o A licensed attorney; or
o Authorized agent of a private adoption agency; or
o Appropriate independent entity.
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o Private Providers need to include:
o Statement of authority to place child and supervision.
Can be:
o A court order; or
o Statement showing basis of the agency authority.
o Medical at risk statement.
o If the child is identified as having a specific special need or
exposure to a specific substance in utero the adoptive resource
needs to sign an medical risk addressing the specific concern.
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 CYS Agencies need to include:
 Regulation 2 Statement*;
 Current Court Order showing:
 Goal change to Adoption; or
 TPR (depending on receiving state).
 Current service plan; and
 Financial/Medical Plan (CY-935)*.
 CYS agencies, for already approved ICPC foster
placements, many states won’t require duplicates of most
forms from the foster care request in the adoptive request.
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The Interstate Compact on the Placement of Children
Youth 18 to 21 Remaining in Care
The compact defines a child as anyone under the age of 18. In
order to help address the change in practice that many states are
adopting, Reg 3 was modified to allow these placements if both
states are in agreement.
 Most, but not all states have enacted statute to extend care beyond age
18.
What to do:
1.
2.
3.
Create a placement request packet as normal. Understand that
depending on where the child will be residing, a licensure may not be
possible (example: dorm rooms)
If it is accepted, it will be treated as any other ICPC placement.
If it is rejected, then enact a plan to meet the child’s needs and your
agency’s requirements. This can include contracting with a private
provider for supervision.
Adoption Overview
The ICPC Adoption Process:
Three (3) copies of the complete packet
are sent by the sending agency to the
sending state ICPC office.
Next day envelope and label to expedite.
The sending state ICPC office reviews
the packet for completeness and to verify
the packet meets the sending state law
before forwarding the packet to the
receiving state ICPC office.
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Adoption Overview
The ICPC Adoption Process:
The receiving state ICPC office reviews
the packet for completeness and to verify
that the packet meets the receiving state
legal requirements before providing a
placement decision.
The authority to approve the placement and
to authorize travel is held by the receiving
state.
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Adoption Overview
The ICPC Adoption Process:
A completed 100B for the placement of
the child must be sent:
o Dated for when the adoptive family is returning to their home
state; or
 Dated for when child is being placed; or
 Dated for approved transition foster to adopt.
Supervisory reports are to be sent in
accordance with both states’ laws:
o PA requires 3 reports in 6 months prior to finalization
 Any agency supervising a public/child welfare placement is
required to continue monthly visits (per Reg. 11) until case
closure.
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Adoption Overview
The ICPC Adoption Process:
After the adoption has finalized a
completed 100B showing the case has
closed must be sent to the sending state
ICPC office.
A copy of the adoption Order should also be
included.
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The Interstate Compact on the Placement of Children
• For adoptive placements - unless an adoption subsidy
agreement is signed the child is not automatically eligible for
MA in the receiving state.
• Puerto Rico is not signatory to the compact. They have
agreed to comply, but there is no legal requirement to do so. It
is still not permissible for PA caseworkers to provide services
in PR.
• Ohio, California and a few other states are de-centralized.
There is a centralized Interstate Office in each, but it does not
handle most placements.
• The structure of the ICJ and the ICPC have been changed to
allow dually adjudicated youth to be active with both compacts
for placement.
 Compliance with both compacts must be obtained/maintained for
placement to begin/continue.
• Useful Information:
– AAICPC Website:
www.aphsa.org/content/AAICPC/en/home.html
– ICPC State Pages: icpcstatepages.org
– AAICAMA Website: www.aaicama.org
– International Social Service Agency (ISS):
www.iss-usa.org
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• Useful Information:
– Mailing
Address:
Division of Operations
Interstate Compact Unit
DGS Annex
5 Magnolia Drive
Hillcrest, 2nd Floor
Harrisburg, PA 17110-2544
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• Useful Information:
– ICPC Compact Specialists (Cases are
assigned by child’s last name.)
• Lisa Schumber (A – F)
– (717) 772-5507; [email protected]
• Sharyn Lukens (G – O)
– (717) 214-3460; [email protected]
• Wendy Lautsbaugh (P - Z)
– (717) 772-5501; [email protected]
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• Useful
Information:
– ICJ Compact Specialists
• Amanda Behe
– (717) 772-5504; [email protected]
• Natalie Primak
– (717) 772-5502; [email protected]
– ICAMA Compact Specialist
• Scarlett Moyer
– (717) 346-9294; [email protected]
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• Useful Information:
– Interstate Compact Unit Director
• Jason McCrea
– (717) 772-5506; [email protected]
– Interstate
Compact Unit Clerical Support
• Kathy Wadlinger
– (717) 772-5505; [email protected]
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Questions & Comments
Thank you for your participation!
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