10.4 Request to Place a Kentucky Child in Another State with a Parent or Relative/Fictive Kin Caregiver-Court Jurisdiction Only Cases

Introduction

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Practice Guidance

  • Since the Cabinet for Health and Family Services (Cabinet/CHFS) does not have legal custody of the child(ren) in court jurisdiction only (CJO) cases the court order must state in some manner that the: ​
  • ​Kentucky court shall retain jurisdiction over the child in all matters in relation to the custody, supervision, care, treatment, and disposition of the child; and 
  • ​The Cabinet will maintain an open case to serve as the agent for the court throughout the interstate process to ensure compliance with the compact until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. ​
  • The court order must include: “The Kentucky court will retain jurisdiction over the child(ren). CHFS will request an interstate home study and maintain an open case to serve as the agent for the court throughout the interstate process to ensure compliance with the compact.” 
  • ​​The SSW may use and customize the ICPC Judicial Request Letter to assist in:
  • ​Informing the judge of the requirements by the receiving state to fulfill Kentucky’s request for an interstate home study; and 
  • Obtaining the judge’s signature on the ICPC-100A.
  • ​Referral packets on CJO cases, that are incomplete, will be destroyed or returned to the sending SSW or FSOS. 
  • 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 states must work together to come to an agreement regarding details of the child’s placement (please refer to regulation 3). 
  • The Department for Community Based Services (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. States that require licensure may not process CJO requests due to the Cabinet not having custody. DCBS should explore the placement options with the prospective family prior to requesting the out-of-state placement. Families have the option to be approved as foster parents in the receiving state, even if that state does not require licensure. 
  • If a family is pursing approval in another state through a PCP provider, information is needed prior to approval regarding the payment required for the PCP services and the services and supervision provided by the PCP. The rate of payment should be negotiated prior to placement to ensure that the rate can be agreed upon by DCBS and the PCP. Once a rate is negotiated between the parties a DPP-114 will be completed at the time of placement. 
  • Requests for parent or relative home studies outside of the United States are not governed by the Interstate Compact on the Placement of Children (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:
  1. Follows procedures in SOP 10.3 Non-Priority Request to Place a Kentucky Child in Another State with a Parent, Relative, or Fictive Kin Caregiver, as well as, the following procedures; 
  2. Includes the following information for open cases where the Cabinet does not have legal custody/commitment of the child(ren) (CJO cases): 
    • Court order showing who has legal custody; 
    • Court order requesting an interstate home study or safety check and review; and 
    • Court Jurisdiction Only order. 
  3. Prints the ICPC-100A–Interstate Compact on the Placement of Children Request and obtains the judge’s signature, as the sending agency or person; 
  4. Electronically submits through TWIST the signed ICPC-100A along with the complete referral packets to the Kentucky interstate compact office; 
  5. Treats any home study or safety check and review received from another state, tribe, or private agency under contract with a state/tribe as meeting any Cabinet requirement for the completion of the home study or safety check and reviw; unless, within fourteen (14) working days of receipt of the report, the state determines, based on grounds specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; 
  6. Documents decisions about interstate placements thoroughly in the child’s case record and on the case plan; 
  7. Informs the court that pursuant to KRS 615.030 and the ICPC: 
    • The sending agency (the Kentucky court) shall retain jurisdiction over the child in all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state; and 
    • The Cabinet will serve as the agent for the court throughout the interstate process and will ensure compliance with the compact.
The ICPC office electronically submits throught TWIST or if not available mails or e-mails:
  1. The ICPC-100A Interstate Compact on the Placement of Children Request form and packets to the receiving state’s ICPC office for processing within three (3) working days of receipt of the referral packet; and 
  2. A copy of the approved or denied home study or safety check and review from the other state to the requesting SSW.
The SSW electronically submits the ICPC-100B to the Kentucky ICPC office:
  1. Once it is determined that the parent or relative/fictive kin caregiver home is approved for placement, or that it will not be utilized; and 
  2. Regarding the child’s placement date (as requested on the cover letter), if the parent or relative home is utilized for placement. 1



Footnotes

  1. Placement approval is valid for six (6) months from the date on the ICPC-100A.​​​

Revisions