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10.2 Priority Placement Request for a Kentucky Child (Regulation 7)

Legal Authority

P.L. 109-239: Safe and Timely Interstate Placement of Foster Children Act of 2006...

KRS 615.030 Interstate Compact for the Placement of Children....

922 KAR 1:370 Criteria for out of state placement...

Introduction

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.

Practice Guidance

The recommendation submitted to the court requesting priority placement should contain similar language to the following:
Based on ICPC Regulation 7, this case meets the criteria for priority placement based on the following. . .” Then list the specific criteria that apply to the child(ren). Based on ICPC Regulation 7, this case meets the criteria for priority placement based on the following. . .” Then list the specific criteria that apply to the child(ren).
The cover letter included with the referral packet should document that the case is entitled to priority placement and the specific qualifying criteria that apply to the child(ren).
The interstate compact may not apply when the court orders a child to be placed with a non-custodial parent who lives out of state. In this situation, the two (2) states must work together to come to an agreement regarding details of the child’s placement (refer to Regulation 3).
DCBS does not require that prospective out-of-state relative placements be licensed or approved for foster care prior to placement. However, if the receiving state requires this certification, Kentucky will ensure all qualifications are met and will forward documentation to the appropriate ICPC office.
Requests for a safety check and review of a parent or relative or evaluation of their home environment outside of the United States are not governed by the ICPC. The SSW or FSOS may work directly with the child welfare agency in the specific country or the international social service, and can be contacted at the following address:
International Social Service—United States of America Branch, Inc. (ISS-USA)
200 E. Lexington Street, Suite 1700
Baltimore, MD 21202
Telephone: 443-451-1200
Fax: 443-451-1220
Email: iss-usa@iss-usa.org Website: www.iss-usa.org

Procedure

The SSW:

Determines if the child meets the criteria for priority placement;
Immediately submits a recommendation to the court, requesting a court order for priority placement, if the child meets criteria (Regulation 7 Priority Placement Mandatory Court Language is linked above); and
Electronically submits a copy of the following documents to the Kentucky ICPC office within three (3) working days of receiving the signed court order:

The court order for priority placement;
ICPC-100A Interstate Compact on the Placement of Children Request form; and
A completed referral packet (Refer to ICPC Checklist).

The Kentucky ICPC office:

Notifies the FSOS or SSW of receipt of the packet and accompanying documentation via email;
Reviews the packet for accuracy and ensures that all necessary documentation is included;
Notifies the SSW and FSOS immediately via email if there is missing information;
Approves and signs the ICPC 100A; and
Electronically submits in TWIST, or if unavailable mails or emails the packet and accompanying documentation to the receiving ICPC office within two (2) working days.

When Kentucky children receive a priority placement:

The receiving ICPC office notifies the receiving local child welfare office and requests that a priority placement home study be conducted.

The receiving local child welfare office:

Conducts a priority placement home study no later than twenty (20) business days from the date the priority request was received; and
Electronically submits in TWIST the completed home study to the receiving ICPC office.

The receiving ICPC office:

Reviews and approves the home study; and
Notifies the sending ICPC office that the home study has been approved, by sending the completed home study and approved ICPC-100A.

Contingencies and Clarifications

If a child is removed from a caretaker in Christian, Trigg or Todd counties in Kentucky, and an appropriate relative is located in Montgomery County, Tennessee, the SSW may follow provisions of the Tennessee/Kentucky Border Agreement for expedited placement. Any questions regarding the border agreement should be directed to the Deputy Compact Administrator, who can be reached at (502) 564-2147.
If a child is removed from a caretaker in Boone, Campbell, or Kenton counties in Kentucky, and an appropriate relative is located in Hamilton County, Ohio, the SSW may follow provisions of the Ohio/Ky Border Agreement for expedited placement. Any questions regarding the border agreement should be directed to the Deputy Compact Administrator, who can be reached at (502)564-2147.