The Interstate Compact on the Placement of Children (ICPC) includes a provision, regulation 7, to expedite certain cases involving out-of-state relative placements. Those considered relative are parents, stepparents, grandparents, adult aunts or uncles, adult brothers or sisters, or the child’s guardian. If regulation 7 does not apply, the child may still be placed, if appropriate, through a non-priority request (refer to SOP 10.3 Non-Priority Request to Place a Kentucky Child in Another State with a Parent, Relative or Fictive Kin Caregiver).
The case must meet at least one (1) of the following criteria in order to be considered a regulation 7 case:
- Unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian;
- The child sought to be placed is four (4) years of age or younger, including sibling groups sought to be placed with the same proposed placement resource;
- The court finds that 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; or
- The child is currently in an emergency placement for less than thirty (30) calendar days.
This regulation does not apply if:
- The child is already in the receiving state in violation of ICPC;
- The request for placement of the child is for foster care or adoption; or
- The court places the child with a parent from whom the child was not removed, the court has no evidence the parent is unfit, does not seek any evidence from the receiving state the parent is either fit or unfit, and the court relinquishes jurisdiction over the child immediately upon placement with the parent.