Ky.gov
Effective: 2/28/2022

10.24 Requirements for Out of State Adoptive Families

Legal Authority

Introduction

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Practice Guidance

​​Requirements for out of state families are as follows: 
  • The family must be presently working with their state’s public child welfare agency or with a licensed private adoption agency in their state.
  • All private adoption agencies must provide a copy of their state license along with current adoptive home study and attachments, including an acceptance scale. 
  • The family must have an adoptive home study, which has been completed or updated by their present adoption agency, current within one (1) year by the date of the completion of the interstate referral package. 
  • A home study cannot be accepted unless it is completed by a social worker employed by or under contract to the public agency or licensed child placing adoption agency in the family’s state of residence, unless the state of approval allows for the use of a licensed social worker. 
  • The adoptive home study should document the preparation process used to train the family to meet the needs of the child(ren) the family desires to receive. 
Attachments to the family’s adoptive home study should model federal standards and include: 
  • The medical report including statements regarding the physical health of all family members living in the household, current within one (1) year; 
  • Certified (by county clerk or vital statistics) copies of marriage and, when applicable, divorce, and death verifications of previous spouse(s); 
  • Criminal records checks (including FBI) in the family’s current city, county, and state, and from previous cities, counties, and states where the family has resided within the last five (5) years; 
  • Central registry check for child abuse/neglect; 
  • A copy of any custody investigation, child abuse/neglect report, or spouse abuse reports previously completed by any agency; 
  • Five (5) reference letters–two (2) personal, one (1) neighbor, and two (2) credit references. This item can be negotiated with the out of state agency; 
  • A statement from the agency currently addressing the family’s status with any previous adoption/foster care agency and any additional clarification, i.e., the reason that the family is no longer active with that agency, etc.; 
  • A written report detailing any physical/mental condition, treatment/counseling or hospitalization for such conditions for any family member. This report should include the dates of treatment/hospitalization, the diagnosis, the prognosis and the therapist’s recommendation regarding appropriateness of proposed adoptive placement with the family. In the case of a psychiatric hospitalization, the agency should send the admission and discharge summary. Families with conditions or problems which can be expected to negatively impact their ability to parent a child with special needs placed in their home cannot be accepted for consideration; 
  • Any birth or adoptive child living in the adoptive family’s home must have been in the home for one (1) year by the time of placement or exhibit sufficient stability unless an exception is granted by the SRA or designee; 
  • Any child in the home for the purpose of adoption must have had his adoption finalized before the referral of a Kentucky child. An exception may be made if the child to be referred is a sibling of a child previously placed with the adoptive applicant; 1 
  • The family signs an agreement with the Cabinet stating that no additional child will be accepted into their home for adoption until the Kentucky child has been in placement with them for one (1) year and the adoption has been finalized. The SSW with case responsibility prepares and processes the agreement. Signed copies are sent to the workers in both states. 2 
  • If a child has medical therapeutic care needs, the training needs of the family will be assessed to determine if the training is equivalent to that received by a family approved in Kentucky. The family will be assessed to determine that they have had the appropriate training and ability to meet the specific needs of the child to be placed within their home. If appropriate, a consultation may be obtained with the Clinical Services Branch and/or Medical Support Section to determine if the level of licensure and training is appropriate. ​
  • If a child has therapeutic care needs, including emotional and behavioral needs, the training record of the family will be assessed to determine if the training is equivalent to that received by a family approved in Kentucky.  The family will be assessed to determine that they have had the appropriate training and ability to meet the specific needs of the child to be placed within their home.  Additionally, for families approved by a private child-placing (PCP) agency, the agency’s licensure and ability to provide therapeutic services will be reviewed.  If appropriate, a consultation may be obtained with the Adoption Services Branch to determine if the level of licensure and training is appropriate.

Procedure

The Interstate Compact on the Placement of Children (ICPC) compact administrator:
  1. Completes​ the following tasks if the family’s agency is a licensed private adoption agency:3 
    1. ​Negotiates the cost of purchase of service; 
    2. Ascertains that the agency understands all payments are tied to the completion and submission of written supervisory reports to the ICPC compact administrator; 
    3. Explains that payments are made in three (3) installments: 
      1. ​Following placement, but after the out of state staff have made at least one (1) home visit and submitted a report;
      2. Approximately the fifth (5th) or sixth (6th) month when out of state staff have submitted a report; and 
      3. Following legalization when a certified copy of the finalization and a copy of the court report have been received by the ICPC compact administrator; and 
    4. ​Facilitates the co-signing of the Statement of After-Placement Services, by the agency staff and ICPC compact administrator.

Footnotes

  1. ​Exceptions may also be granted if the children share a sibling like relationship. These exceptions are granted on a case by case basis based upon the individual needs of the children an​d family. 
  2. Exceptions may be granted on a case by case basis depending upon the unique circumstances of the case. These requests are submitted to the Adoption Services Branch. Requests should include documentation from the receiving state and the agency that has licensed the prospective family (if applicable) to support the proposed placement. 
  3. ​Reciprocity exists between states' adoption or child welfare agencies.

Documents

Revisions